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Executive Summary Reports on the Appraisal of Human Rights

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Executive Summary Reports on the Appraisal of Human Rights Executive Summary Reports on the Appraisal of Human Rights Situations in Thailand and on the Performance of NHRCT in the year 2013 The preparation of the Reports on Appraisal of Human Rights Situations in Thailand and on the Performance of the National Human Rights Commission of Thailand (NHRCT) for the year 2013 is one of mandates of NHRCT, in accordance with the National Human Rights Commission Act, B.E. 2542 (1999), Section 15 (6) and (7). The NHRCT is required to make the reports for the appraisal of situation on human rights in Thailand and submits it to the Cabinet, the Parliament and the public, for information and acknowledgement. This report is composed of two main parts, as: Part 1: The Appraisal of Human Rights Situations in Thailand in 2013; and Part 2: The Performance of NHRCT in the year 2013. Part 1: The Report on Appraisal of Human Rights Situations in Thailand in 2013 is based upon the human rights situations in the Country. NHRCT had carried out fact-finding processes relating to human rights cases in 2013 and then analyzed all information to see how the State performed its duties on human rights promotion and protection. The principal components of situation analysis comprised the human rights violations occurred, causes, solutions and the State’s response to incidents with protection of human rights for the public. If the State had low performance, NHRCT, as a mechanism monitoring the delivery of duties of the State towards human rights promotion and protection, shall offer recommendations with preventive measures and solutions guaranteed under the Constitution and International Obligations to the Government 2 and its agencies. The NHRCT undertook two principal frameworks to assess and analyze the human rights situation in Thailand as follows: First, various rights are protected under the domestic laws of Thailand. The State has her duty to promote and protect the rights of people guaranteed under the Constitution of the Kingdom of Thailand, B.E. 2550 (2007), and the rights that the State is obliged to protect, respect and fulfill under the International Obligations, the rights that appear in the International Human Rights Treaties. Thailand is now a State Party to seven International Human Rights Treaties out of nine Treaties as follows: 1. Convention on the Elimination of All Forms of Discrimination against Women (CEDAW); 2. Convention on the Rights of the Child (CRC); 3. International Covenant on Civil and Political Rights (ICCPR); 4. International Covenant on Economic, Social and Cultural Rights (ICESRC); 5. Convention on the Elimination of All Forms of Racial Discrimination (CERD); 6. Convention against Torture and Other Cruelty, Inhuman or Degrading Treatment or Punishment (CAT); 7. Convention on the Rights of Persons with Disabilities (CRPD); Thailand has not ratified another two International Treaties of Human Rights yet which are: 1. Convention for the Protection of all Persons from Enforced Disappearance; 2. Convention on the Protection of the Rights of Migrants Workers and Member of their Families; 3 Also include the four Protocols which Thailand has accessed: 1. Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women; 2. Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography; 3. Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict; 4. Optional Protocol to the Convention on the Rights of the Child on the Complaint Process; In addition to those International Human Rights Treaties and their Optional Protocols, Thailand has also ratified the International Labor Organization Conventions (ILO Conventions) relating to spectrum of rights of workers. Second, the framework about the role of the State to promote and protect human rights in accordance with international laws, which comprises of the duty to respect (Obligation to respect), the duty to protect (Obligation to protect) and the responsibility for the effect in practice (Obligation to fulfill). To assess the situation of human rights in Thailand in 2013, there are distinctive human rights incidents as follows. 2.1 Civil and Political Rights. 2.1.1 Freedom of Opinion and Political Rights. The Constitution of the Kingdom of Thailand B.E. 2550 (2007) and the International Covenant on Civil and Political Rights (ICCPR) clearly stipulate the scope and principles of interference committed by the Government with the limit of people’s freedom. If the demonstrators exercise their rights and freedom, and such practices violated the rights 4 and freedom of others, or it is repugnant to the Constitution, or it is contrary to the morals, the Government can intervene by limiting the expression on their liberty. But the restriction may be imposed under virtue of law, specifically enacted for the purpose of public assembling and for securing public convenience in the use of public places. The Government has to keep peace and order when the Country is in a State of War, or when a State of Emergency or Martial Law is declared. So there is the limitation on the freedom of assembly, the Government can undertake this power with limit in accordance with the Constitution. The freedom of assembly needs to be exercised with caution, not against the law and not effect to rights and freedom of other persons. If the rally is considered to be against the law then the existing legislation can be adopted by the Government to control the crowd. In the event that a person or group of persons had done criminal offenses during the rally, it is necessary for the Government to adopt a special law to control the situation and keep peace and order of the Nation. The Internal Security Act, B.E. 2551 (2008) has set the conditions and rules to give power to the authorities under the law adopted in special circumstances. In the event of an impact on the internal security but there is no need to declare a State of Emergency, and the events are likely to exist for a long time. So the exercise of power of the Government to control an assembly of such events, under the Internal Security Act, B.E. 2551 (2008), the Government shall control an assembly as stipulated under the law and be aware of the precautions and assembly. The appropriate exercises of power upon the International Standards shall be undertaken on step-by- step basis, starting from the light to heavy measures, with the aim to dissolve the mass demonstration in non-violation manners and these shall be strictly conducted in compliance with the provisions of the law. 5 In 2013, there were several political demonstrations and unrests including the cordon-off towards the Government House and the Police Command Office, during 1st to 3rd December 2013, including the Election Protest Rally at the Thai - Japanese Sports Center in Dindaeng district, Bangkok on 26th December 2013. The Government had performed with the band by negligence, later on these incidents led to violations with loss of life and damages of properties of those joining demonstrations and the public in general. These actions affected the rights and freedoms of the people which the Government cannot deny the responsibilities. Moreover, by the Constitution and other legal requirements, it is the duty of the Government to provide and retain the welfare to and of the public. The Government therefore is requested to give completely and thoroughly appropriate helps and remedial to those facing losses and damages with suffers from the incidents. 2.1.2 Freedom of Expression of the People and the Journalists. According to the Constitution stipulated that the free expression of opinions of the public with broadcasting or publishing of news and information from the media is entitled as “Freedom of Expression” with exercise of the people and media, but without violation to the others. In accordance with the situation in which the journalists were threatened to death and injuries, the Government shall provide the protection with security for journalists carrying-out their roles. Meanwhile, the journalists themselves are also required to present news and information by adhering to the ethical framework of their profession. They should not present the news and information with bias or prejudice that might lead to or fuel the conflict in Thai society. 6 In reference to an idea of the Government to scrutinize messages posted on social media and the “LINE” program, this shall be implemented with carefulness and under the Constitution and International Covenant on Civil and Political Rights. People have rights to express their opinions without the intervention of the Government, but they shall be aware of human dignity, rights and liberties of other people guaranteed by the provisions of the Constitution and the freedom of communication under the law. So the journalist should have freedom to express their opinions without infringement to rights of others. If the Government itself had violated on the rights of people, the Government shall be prosecuted by law. In fact, the Government has many ways of investigation, it’s not necessary to investigate through the “LINE” program. If the Government Officials examine and control the usage of the “LINE” program without the authorization of the Court, the action deems unlawful. 2.1.3 The Migration of the Rohingya to Thailand. Thailand needs to provide human rights protection for the Rohingya, who had migrated to Thailand, according to the Human Rights Principles, the Convention on the Elimination of All Forms of Racial Discrimination (CERD) and the Constitution of the Kingdom of Thailand. But there may be limited of the detention facility and budget for meals which will cause the unsuitable situation of long detention. Therefore, the Government must take into account such problems and accelerate the solutions according to the Human Rights and Humanitarian Principles by providing the appropriate facility.
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