Kingdom moving in right direction on human rights

After several consultations with concerned authorities and civil society groups at home on various recommendations from the HRC members made last October, the Thai delegation is now ready to face enquiries, especially on sensitive issues related to freedom of expression, treatments of victims from political violence and the administration of justice. 

Out of the 172 recommendations, there will be only 34 negative responses. Indeed, it is a great leap forward for the country which is striving to reach the international human rights standards.

Thailand has accepted most of the recommendations due to two reasons. First, on the eve of Thailand’s election as the president of the HRC in 2010-2011, Thailand, under the Abhisit government, unwavering stated that it would promote and protect human rights not only inside the country but in the international community as well. Since then it has been trying to follow through all commitment and obligations under international human rights instruments. 

But it was a tall order as for a country that must cope with political uncertainties and dissents which severely hampered sustained implementations of remedial measures on myriad cases of rights violations. 

Prior to 2008, Thailand’s engagements with the human rights at the UN level were piecemeal and ad hoc manners at best. Quite often they were personalized and politicized.

In addition, Thai civil society groups have been active in pushing their causes with missile-focused convictions and further engagement through broad discussions with the authorities even on sensitive issues as never before seen. 

 

 

Intense consultations

 

Such intense and time-consuming consultations between the representatives from the government and civil society groups are becoming habitual. It is playing a pivotal role in shaping the country’s overall responses and acceptance to the human rights recommendations made at the HRC. Within Asean, Thailand has the most intensive consultations and engagements with nearly 100 right-based nongovernmental organizations inside the country. They submitted a total of 21 reports, some of them highly specialized areas, to incorporate with the country’s universal periodic reviews last October, which by far the most extensive among developing countries. 

Other Asean member countries, some due to the lack of local independent civil society groups, have to rely on interventions from various international rights organizations.

Frankly speaking, Thailand feels quite strongly against recommendations that seek to alter the status quo of practices related to the royal institution as well as those touched on some of the civil and political rights both related to the Thais and non-Thais. 

For instance, Uruguay suggested that Thailand should ratify the Rome Statue of the International Criminal Court which it has no problem to do so on the section that related to genocide, crime against humanity, war crimes and crime aggression as the drafting of organic laws are on the pipe-line. However, the Rome Statue also deals with the crime committed by the head of state which raises concerns over here. Related suggestions on lese majeste that linked to freedom of expression from Spain, Brazil, Hungary and Switzerland have also been rejected.

One of the most controversial recommendations came from Switzerland, which asked Thailand to repeal section 17 of the Emergency Decree, which gives immunity from any prosecution to officials working in the southern provinces. 

In response, the Thai delegation will point out officials who abuse their authorities would be also reprimanded under the country’s legal system. The section 17 also allows the victims to claim compensation from the government. Suggestions to review security laws from several countries have also been turned down as well citing the normative application rule of law. Deep down, it is an issue of governance and administration of justice which still remains Thailand’s weakest link at this juncture. By nature, Thai judicial process is time-consuming, which has given rises to criticisms of double standards and negligences. Improvement in this area will help improve the rule of law in all parts of the country.  

 

 

Freedom of expression

 

After long delay, the government might take up the request by the Special  Rapporteur for the promotion and protection of freedom of opinion and expression, Frank La Rue, to visit Thailand in the future. The government has already approved three requests for visits in the coming four years by special rapporteurs on torture, child rights and access to drinking water and sanitations. Currently, more than a dozen of specialized UN agencies have plans to visit Thailand.

 In case of the proposed visit of special rapporteur of freedom of expression, it comes at the most sensitive due to the nature of divided political atmosphere, which has not yet been resolved. 

The authorities fear that his visit at the earliest time frame, as requested by civil society groups, is not fleasible. Frank la Rue visited Thailand last year in his private capacity and held extensive informal discussions with politicians and human rights activists. The civil society groups are eager to engage the UN agencies to strengthen their calls for tangible changes on human rights.

Within the Asean context, there have been extremely high expectations from the council members, in particular those developed and emerging democracies, to see Thailand moves beyond the present stumbling block on rights issues. Suffice it to say, overtimes it is clear that there would be more affirmative responses and compliance with international standards with less reservations from various rights enforcement agencies in the country. Numerous consultations between representatives from concerned government agencies and civil groups, beginning in earnest in 2009, have already increased mutual trust and cooperative efforts on ameliorating human rights conditions both at the legislative and practical levels. The Yingluck government still has to harness the good foundation laid down by the previous government on this important matter. At the moment, there are some remaining reservations such as the right to women with respect to non-discrimination in family, the right to acquire nationality and the right of refugee children, etc, which would be certainly done away in the near future.

Despite the contradictions and inconsistencies, Thailand is embarking on the right direction to improve the human rights condition and social justice. Judging from the issue raised and responses this time, it will be an incremental process. Strong commitments from the government in power coupling with the dynamic participation of nongovernmental organizations are a pre-requisite for sustainable and better human rights environment at home.