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International Covenant on Civil and Political Rights 1966

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International Covenant on Civil and Political Rights 1966 UNITED CCPR NATIONS International covenant Distr. on civil and GENERAL political rights CCPR/C/THA/2004/1 2 August 2004 Original: ENGLISH HUMAN RIGHTS COMMITTEE CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 40 OF THE COVENANT Initial report THAILAND* * The report is issued unedited, in compliance with the wish expressed by the Human Rights Committee at its sixty-sixth session in July 1999. GE.04-43072 (E) 160904 CCPR/C/THA/2004/1 page 2 Introduction 1. Thailand has prepared this report to implement Art. 40 of the International Covenant on Civil and Political Rights 1966. It deals with the legislative, administrative and judicial process that serve to efficiently implement various provisions of the Covenant and shall be in accordance to the spirit of the Covenant. This report should be read together with the core document of Thailand which already narrates the general conditions of Thailand on geographical, economical, political, governmental aspects, including the legal system and judicial process in detail. 2. Thailand has become a party to the Covenant on Civil and Political Rights 1966 without making any reservations and is legally bound by it since 29 January 1997. Thailand has considered and found that under the present political legal and governmental system of Thailand, it can follow the Covenant without any obstacle. 3. However, Thailand has prepared an interpretative declaration which covers four points as follows: (a) Paragraph 1 of Article 1 regarding the right to self – determination to freely determine political status and to freely pursue economic, social and cultural development, Thailand shall follow the interpretation on the exercise of right to self-determination according to the Vienna Declaration and its Plan of Action which is endorsed by the world conference on human rights and is the latest international document to have interpreted the said right. This document has stated that the exercise of this right shall not be related to any action which affects the integrity of territory or political unity of the State; (b) On paragraph 5 of Article 6 regarding the prohibition of capital punishment for crime committed by persons under eighteen years of age, Thailand has made an interpretative declaration to explain the practice under the Thai Penal Code, stating that Thailand has never, in practice, imposed capital punishment on a person under eighteen years of age. Section 74 of the Penal Codes provides that a child not over fourteen years shall not be punished for an offence and Section 15 provides that the court shall reduce the scale of punishment provided for the offence by one half for a child over fourteen years but less than seventeen years of age, and for a person over seventeen years but not over twenty years of age, the provision of Section 76 authorizes the court to exercise its discretion to reduce the scale of punishment by one third or one half. In practice, the court has always exercised its discretion to reduce the scale of punishment; therefore there has never been a sentence which imposes capital punishment on a person under eighteen years of age; (c) According to paragraph 2 and 3 of Article 18 of the latest amended Penal Code, 2003, capital punishment and life imprisonment shall not be imposed on a person under eighteen years of age and the said punishment shall be reduced to fifty years of jail term; (d) On the period of time to bring the arrested person to court, Paragraph 3 of Article 9 of the Covenant has used the term “promptly”, the Thai Criminal Procedure Code authorized the inquiry official to detain the accused for 48 hours before bringing the person to court. If the inquiry has not been completed he can further detain the person for seven days. CCPR/C/THA/2004/1 page 3 This is not in line with the Covenant. Therefore, Thailand has made a declaration to explain that Thailand shall follow the commitment under this provision in the manner the law of Thailand so provides at the moment; (e) Paragraph 1 of Article 20 provides on prohibition of propaganda for war, which Thailand made an interpretative declaration that Thailand shall interpret the term “war” to be a “war” under international law, which does not include the war as a result of self-defense. 4. The submission of the said four interpretative declarations shall enable Thailand to adjust the commitment under the Covenant to be compatible with the Thai domestic laws, thus no need for Thailand to revise its laws in order to fully follow the commitment. For the said reason it is not necessary to submit the matter of accession to the Covenant to the National Assembly for approval as provided under Section 181 of the Constitution of the Kingdom of Thailand, 1991. Thailand can promptly become a party to the Covenant by accession, under the provision of Article 48 of the Covenant. 5. Thailand has recognized the importance of educating its public officials about human rights. On 18 September 1992 the Cabinet decided to assign governmental departments that have the right to use weapons to educate their officials on basic human rights principles. 6. To date, training programs of various governmental departments have provided training on basic human rights principles. For example, the training of police officers at several levels, the training of public prosecutors from the assistant public prosecutors up to the provincial chief public prosecutors, the training of judges from judge-trainees up to chief judges of provincial courts and high ranking, the training of officers of the Department of Corrections at several levels and those trainings of the Ministry of Defense which includes trainings done at Armed Forces, National Security Center, School of Psychology Warfare, Armed Forces Chief of Staff School, Joint Staff College and the National Defense College. 7. To educate the public on human rights issues, the Ministry of Education has organized educational campaigns on human rights for students at many levels. For the general public, the Legal Aid Office which is an agency of the Office of the Attorney General, has disseminated the knowledge on law and human rights to the public all over the country both in the urban area and rural area since 1982 and the outcome has been very satisfactory. Article 1 8. The three principles under Article 1 has been similarly accepted in Thailand and is reflected in the 1997 Constitution, which provides in paragraph 1 of Section 47 that: “A person shall enjoy the liberty to unite and form a political party for the purpose of making political will of the people and carrying out political activities in fulfilment of such will through the democratic regime of government with the King as Head of the State as provided in this Constitution.” CCPR/C/THA/2004/1 page 4 9. The laws concerning political party are the Organic Law on Political Parties (1998) and the Organic Law on Election of Members of the House of Representatives and Senators (1998) which came into force on 10 June 1998. The latter Act provides Thai citizens residing both within and outside the Kingdom the right to vote. 10. For Article 1 paragraph 2, the Constitution has already provided recognition of it, in Section 46 that: “Persons so assembling as to be a traditional community shall have the right to conserve or restore their customs, local knowledge, arts or good culture of their community and of the nation and participate in the management, maintenance, preservation and exploitation of natural resources and the environment in a balanced fashion and persistently as provided by law.” And Section 56 provides: “The right of a person to give to the State and the communities participation in the preservation and exploitation of natural resources and biological diversity and in the protection, promotion and preservation of the quality of the environment for usual and consistent survival in the environment which is not hazardous to his or her health and sanitary condition, welfare or quality of life, shall be protected, as provided by law.” 11. Any project or activity which may seriously affect the quality of the environment shall not be permitted, unless its impacts on the quality of the environment have been studied and evaluated and opinions of an independent organisation, consisting of representatives from private environmental organisations and from higher education institutions providing studies in the environmental field, have been obtained prior to the operation of such project or activity, as provided by law. 12. The right of a person to sue a State agency, State enterprise, local government organisation or other State authority to perform the duties as provided by law under paragraph one and paragraph two shall be protected.” 13. In addition, under Chapter V. of the Constitution (Directive Principles of Fundamental State Policies) Section 79 also provides: “The State shall promote and encourage public participation in the preservation, maintenance and balanced exploitation of natural resources and biological diversity and in the promotion, maintenance and protection of the quality of the environment in accordance with the persistent development principle as well as the control and elimination of pollution affecting public health, sanitary conditions, welfare and quality of life.” 14. The Constitution also for the first time provides for the protection of news resources. Section 40 provides: CCPR/C/THA/2004/1 page 5 “Transmission frequencies for radio or television broadcasting and radio telecommunication are national communication resources for public interest. There shall be an independent regulatory body having the duty to distribute the frequencies under paragraph one and supervise radio or television broadcasting and telecommunication businesses as provided by law. In carrying out the act under paragraph two, regard shall be had to utmost public benefit at national and local levels in education, culture, State security, and other public interests including fair and free competition.” 15.
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