Thailand Needs To Protect Hr Defenders

[marshbags]

Thailand needs to protect HR defenders

By By Kavi Chongkittavorn

The Nation, Published on Fri, November 14, 2008 : Last updated 5:38 hours

Thailand has yet to take seriously the issue of human rights defender even though the country professed to adhere to the principles of Universal Declaration of Human Rights. Afterall, Thailand was the first Asian country to sign the UDHR in 1948. The country's strong cultural mindsets of non-interfering and weak enforcement of rule of law related to human right violation have attributed to the culture impunity.

Thailand has many sayings such as ya bai yuk rueung khon uean (Mind your own business or fai nai ya nam ouk, fai nok ya nam khao--don't bring outside fire inside your house and vice versa." These sayings reflect the culture of complacency and detachment.

Dr. Visanu Varunyu, judge of Supreme Administrative Court, said that the Thai taboo and culture have made defending both human rights and human rights defenders more difficult. "There is a strong mindset among the Thai people that one should not get involved in other people's business," he said adding that the overall human rights situation in Thailand would improve if the Thai people are willing to express concerns of other people's plights.

He highlighted this point during the panelist's discussion, which he chaired yesterday, on the situation of Thailand's human rights defenders at the launch of revised EU guidelines on Human Rights Defenders. The event provided an excellent opportunity for the Thais to take stoke of the overall human rights situation and people who are working very hard to defend them.

The EU Guidelines has been translated into Thai and Patani Malay for the Thai readers both in three southern provinces of Yala, Patani and Narathiwas and the rest of the Thailand. EU attaches huge importance to the human right defenders who help to monitor and end the violation of human rights. The first guidelines came out in 2004. Therefore it is imperative to protect the defenders' rights and their safety.

Although the rights of Thai human right defenders was mentioned in the country's first national human right plan 2002, but the implementation was lacking. The government under former prime minister Thaksin Shinawatra did not play any attention. Indeed, it was right after he took over the Thai leader that he initiated the anti-drug campaign all over the country, which led to more than 3000 deaths by extra judicial killings.

But Aungkhana Neelaphaichit, chairperson of Working Group on Justice for Peace minced no words in saying that the Thai judicial system does not protect human rights because the culprits have yet to be brought to justice. For instance, she pointed out that no Thai laws exist to punish those who committed crime in enforced disappearance. She knew the subject well because her husband, Somchai, the well-known Muslim human right lawyer, was abducted and reportedly killed by uniformed officials in March, 2004. She also lamented that quite frequently those who violate the human rights were those who supposed to keep the rule of law.

She is now actively defending human rights. Members of relatives and families of those who suffered from similar injustice have joined her in ensuring that all people living in Thailand must be protected. "The rights of minority, especially the people who live on the fringe must be respected," she declared, knowing full well the quagmire that these marginalized communities have to encounter. During the discussion, Aungkhana said that at 20 human rights defenders were killed from 1999-2005. None was punished.

Kothom Ariya, Chairperson, National Economic and Social Advisory Council of Thailand, Secretary General of Advisory Council of Economic and Social board, echoed Aungkhana's sentiment that the human right defenders were at the frontline and they exposed themselves to all kinds of dangers. He said most of the human rights defenders killed were community leaders trying to defend the rights of local community followed by those who worked for anti-corruption campaign and in the Muslim communities.

According to Suwana Suwanchuja, Director General of Right and Liberty Protection Department, Ministry of Justice, Thailand would soon set up a group on enforced and involuntary disappearance. Thailand has officially filed a report to the UN Human right Council and stated that there were a total of 35 cases of disappearances since 1992. But there has never been any change in their status. She said Thailand has an important role to play to realize the establishment of an Asean human right body, which was mandated under the Asean Charter.

Back in 1997, Thailand was among few countries in the world that incorporated human rights in the conduct of foreign policies. EU foreign policy places importance to human rights. As part the promotion and protection of human right defenders, EU has vowed to promote the human rights defenders in the third countries and international forums.

Panelists took part in the discussion yesterday shared similar views that changes of mindsets both at the people's and government's levels are pivotal to eradicate the cultural of impunity and promote human rights. They said that even with laws that explicitly promote and protect human rights and its defenders, law enforcers must also defend human rights and punish the wrong-doers.

Unquote

There are, of course, many who have not been highlighted, have disappeared and are unaccounted for ??????

marshbags

Edited November 14, 2008 by marshbags