New National Human Rights Commission Criticised

[justanothercybertosser]

THAILAND: To support human rights, NHRC should resign

Last Friday, May 1, the appointee Senate of Thailand elected seven new persons as the country's National Human Rights Commission. They are, Police General Vanchai Srinuwalnad, assistant commissioner general of the Royal Thai Police; Mr. Parinya Sirisarakarn, former member of the Constitution Drafting Assembly of Thailand (2007); Mr. Paibool Varahapaitoorn, secretary to the Office of the Constitution Court; Ms. Visa Penjamano, ministerial inspector, Ministry of Social Development and Human Security; Mr. Taejing Siripanich, secretary, Don't Drive Drunk Foundation; Mr. Nirand Pithakwachara, former elected senator for Ubol Ratchathani; and, Professor Amara Pongsapich, former dean, Faculty of Political Science, Chulalongkorn University.

In a series of open letters (AHRC-OLT-012-2009; AHRC-OLT-013-2009; AHRC-OLT-015-2009), the Asian Human Rights Commission already urged the Senate to postpone the process of selection to allow for public participation and debate on the appropriateness or otherwise of the seven candidates. Unfortunately, the Senate proceeded with its vote and chose to accept all seven nominees, despite the fact that the majority of them have no conception of human rights, the alleged rights violations of one of the seven, and the undemocratic and non-transparent process that lead to their nominations.

If any of the seven appointees genuinely understands and supports the human rights principles that their commission is supposed to represent then they should now resign. The reason is that their commission stands in violation of both domestic and international human rights standards. It is not pluralist, and it was not selected in accordance with the procedure laid out in the Paris Principles on National Human Rights Institutions. It is doubtful that it even meets the standards of the undemocratic 2007 Constitution of Thailand, or the act governing the commission. As a consequence of this double-failure, the credibility of the NHRC at home is already at an all-time low, and internationally Thailand now seriously risks losing its status in United Nations' forums on human rights.

The Asian Human Rights Commission wishes to make explicit that the appointment of this commission and the manner in which it was appointed is a slap in the face of human rights defenders in Thailand and across Asia. It is a statement of the contempt with which human rights are held among the authorities there. It is laughable that while the government of Thailand has been hosting a "human rights caravan" to travel around the country informing citizens of generic universal rights, it has allowed the appointment to the NHRC of the likes of Parinya Sirisarakarn, a man whose views on human rights, in as much as he has any at all, resemble those of Burma's military regime than those of a nascent human rights commissioner.

Whereas the AHRC had cordial relations with commissioners and staff of the former NHRC, it deems the new body a non-human rights organization and has no option other than to ostracize it in the global human rights community. It again urges any among the seven commissioners who does not wish to participate in a human rights charade to resign immediately, out of respect for the principles that they are supposed to represent. It would also encourage any person resigning to again stand for the post when arrangements are made for election to the commission in a manner that permits widespread public awareness and debate, and complies with international standards.

# # #

About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.

source: http://www.ahrchk.net/statements/mainfile....tatements/2001/

[justanothercybertosser]

Thailand's new rights commission a joke?

By Awzar Thi

Column: Rule of Lords

Published: April 30, 2009

Hong Kong, China — This week the Asian Human Rights Commission issued three open letters on the selection of candidates for the new National Human Rights Commission of Thailand. The regional body has warned that if the Senate goes ahead and accepts the seven current nominees then the commission may cease to meet international standards, causing it to lose its status before the United Nations. The seven candidates have been thrust forward after a hurried selection process about which almost no one in Thailand knows anything. The process began only in March after a long delay. It is set to be completed Friday, when the country's upper house of military and bureaucratic yes-men will consider making the appointments.

While few people in Thailand know that new commissioners have been nominated, few of the nominees know about human rights. Only one of the seven aspirants, Nirand Pithakwachara, formerly an elected senator under the repealed 1997 Constitution, has practical experience. Nirand has worked with environmental and citizens' groups on a variety of issues, and was on Senate committees that inquired into rights abuses prior to the 2006 military coup.

The other six include Police General Vanchai Srinuwalnad, who states that he has conducted various human rights training courses but does not indicate from where he has obtained his knowledge on the topic; Constitution Court Secretary Paibool Varahapaitoorn, who claims to have participated in the making of judgments favorable to human rights, even though his role is administrative, not judicial; and Taejing Siripanich, head of a group that does good work in discouraging drunken driving but which has little if any relevance to the job for which he is applying.

The worst of the lot is Parinya Sirisarakarn, an industrialist who was a part of the undemocratic assembly that drafted the regressive 2007 Constitution. Not only does he have nothing to suggest himself to the post of rights commissioner, he was himself named in a 2007 NHRC investigative report as responsible for causing environmental damage in the northeast, where he holds a license to extract salt.

The dirty facts about Parinya only came to light after his name was presented to the Senate. In the meantime, the six days given for comment on the nominees had passed, in which no attempt was made to inform the public about what was going on. Even an announcement that remarks could be left on the Senate website proved bogus: there was no online form provided until the afternoon of the last day before the cutoff date.

These facts also did not come to the notice of the selection committee because it did nothing to verify the details that each applicant gave it. Nor did it bother to interview them, instead just choosing them on the basis of the documents they had submitted. The committee itself seems to have met only briefly and conducted its business by some quick shows of hands. There are no details given in the report that it submitted to the Senate explaining why it chose these seven people over the 126 others who had put their names forward.

The former human rights commission, which has now stepped down to make way for the new nominees, could hardly be described as a success story. It was often out of step with the times as well as within itself, unable or unwilling to tackle the big issues. While the Thaksin Shinawatra regime launched its bloody "war on drugs," the NHRC campaigned on genetic papaya. When the army seized control of the government for the umpteenth time in 2006, its chairman tacitly supported the power grab. A commissioner who went to join protestors against the new junta was forced to resign.

But among its members were hardworking people with a demonstrated understanding of human rights and genuine commitment to their values. It was these individuals and those working with them in the agency's subcommittees who kept the commission going, against the odds and despite the vested interests stacked up against them.

The noticeable absence of such persons among the seven new nominees, bar one, places the future of the commission in serious doubt. If indeed these seven persons are passed through the Senate on Friday, the NHRC of Thailand will cease to be anything worthy of its name.

What all this goes to show is that the emphasis once put on the establishing of governmental human rights agencies in Asia was misplaced. The setting up of human rights commissions has done little if anything to address the region's immense and growing abuses of rights. In some countries, these agencies have been nothing more than cynical exercises in the manipulating of international donors. In others, they have been used to deflect criticism of abuses, rather than highlight them.

From Sri Lanka to South Korea, reactionary forces are now moving against the region's national rights bodies. Whether or not these institutions have the stamina to carry on with their work depends on the extent to which they can get public support and find suitable mandate-holders who will fight to make their voices heard.

Where the procedure for nominating and appointing commissioners is subverted and defeated and where public debate is denied, as in Thailand today, there is little hope for a future human rights commission. All that can realistically be expected is a human rights joke. Under these circumstances, people will have to look elsewhere for the ways and means to defend their common dignity and advance their shared interests.

(Thai-language documents related to the selecting of the new NHRC of Thailand used in the writing of this article are available at: http://nhrcthai.wordpress.com/).

--

(Awzar Thi is the pen name of a member of the Asian Human Rights Commission with over 15 years of experience as an advocate of human rights and the rule of law in Thailand and Burma. His Rule of Lords blog can be read at http://ratchasima.net)

source: http://www.upiasia.com/Human_Rights/2009/0...on_a_joke/3301/

[ralphlsasser]

Human Rights is and always has been a joke in Thailand. It will continue to be until people stand up to the government and demand their basic human rights. We know this won't happen because of the culture.

[LawnGnome]

I am an Abi supporter, but one of the main flaws of the constitution, which I hope will get addressed, is the 50% appointed senate, and the lack of parlimentary (not senate) oversight of the appointment process.

[monkfish]

Is this a joke? If not why isn't it in Thai news??

[dee123]

Is this a joke? If not why isn't it in Thai news??

because its embarrassing

[LawnGnome]

I'm surprised this story hasn't gone much farther than this. If it sounds like these people aren't well qualified, then I would expect to hear more about it, especially from the "appointed" part of the senate. (The only section of the legislature that is not entirely self-serving).

[Plus]

Who decides if they are qualified or not? The senate thought they are ok, some journalists are not entirely happy, but none have gone ballistic as those internet bloggers from AHRC, that's why it's not in the news anymore.

>>>

The idea of Thai Senate is to be a non-partisan body overseeing parliament, the experience of the first two senates under 1997 constitution has proven that it doesn't work, that political parties find ways to control the senate. Appointing half the senators was proposed to counteract politicians there. Note that the only senators ever standing up to the government, the "group of 40", are appointed.

>>>

Parliament oversight of NHRC appointments would defeat the purpose - they are supposed to protect the people from parliament (or the govt, to be exact).

[DaleBlue]

There are international organisations who main aim is to make Thailand looks bad.

I will take it with a truck load of salt.

[hammered]

We could judge them by their actions.

If there is some reason to think they are selected unconstitutionaly then surely a case to the admin court or constitution court is the way to go.

Admittedly I havent studied this issue in detail but it would seem logical to test constitutionality in court and judge performance by action. Now if they start an investigation into the drug war that would be a good start on outstanding severe human right infringements. I doubt they will though.

[Plus]

Flaming removed...

Edited May 11, 2009 by LivinginKata
Flaming removed

[HagenvonTronje]

HUMAN RIGHTS WATCH

International rights group calls national body to step down

By The Nation Published on May 14, 2009

An international human rights group on Thursday called the National Human Rights Commission to resign because its selection process violated constitutional requirements and international standards.

The seven new members, approved by the Senate on May 1 in a closed session, include one who was a subject of a commission investigation and several with no experience in human rights.

Several highly qualified candidates were rejected, said New York-based Human Right Watch.

"Thailand is facing grave human rights challenges and needs a serious and committed commission to work on them," said Brad Adams, Asia director at Human Rights Watch.

"Instead, inexperienced and unqualified people were placed on this commission in a way that clearly broke the rules. The best thing these members can do for human rights is to step down."

The seven nominees were: Pol Gen Vanchai Srinuwalnad, assistant commissioner general of the Royal Thai Police; Parinya Sirisarakarn, former member of the Constitution Drafting Assembly of Thailand (2007) and a prominent industrialist; Paibool Varahapaitoorn, secretary to the Office of the Constitutional Court; Visa Penjamano, inspector-general, Ministry of Social Development and Human Security; Taejing Siripanich, secretary, Don't Drive Drunk Foundation; Nirand Pithakwachara, former elected senator for Ubon Ratchathani; and Professor Amara Pongsapich, former dean, Faculty of Political Science, Chulalongkorn University.

The new commissioners did not come from a diverse range of social backgrounds, nor did any of them represent human rights groups, the Human Right Watch said in a statement.

More important, local human rights groups have protested that the new commissioners lack necessary first-hand experience in protecting and promoting human rights.

Vanchai, Parinya, Paibool, and Visa, in particular, have no experience at all and have no public record of demonstrating basic understanding of human rights.

In 2007, Parinya was named in a commission investigation as responsible for causing environmental damage in Thailand's northeastern region, where he holds a license to extract salt.

Parinya's lack of commitment to promoting universal human rights was evident in an oral presentation to the Thai Senate in which he dismissed "Western criticisms of Burma" as "foreign interference" in domestic affairs.

In that light, if made a commissioner, he stated that he would not welcome international intervention on human rights issues in Thailand.

-- The Nation May 14, 2009

article here

[HagenvonTronje]

and here comes the BANGKOK POST:

Aquestion of credibility dogsnewpanel already

By: ACHARA ASHAYAGACHAT

Published: 16/05/2009 at 09:06 AM

TheNewYork-basedHumanRights Watch on Wednesday called on the newly-appointed members of Thailand’s NationalHumanRightsCommission (NHRC) to resign so as to restore the commission’s credibility and pave the way for a new selection.

The HRW echoed an earlier move by Hong Kong-based Asian Human Rights Commission, which had urged the Senate to delay the selection process to allow more time for discussion and debate in a more democratic manner.

The concern is focused on the qualifications of two nominees, Parinya Sirisarakarn and Dr Niran Pitakwatchara.

MrParinya is amemberof the National Economic and Social Advisory Council (Nesac).

A petition against Mr Parinya’s suitability was lodged because he owns a rock-mining business which reportedly caused problems of salinity in several villages in Non Thai district of Nakhon Ratchasima province.

Dr Niran is a former senator from Ubon Ratchathani. His candidacy was questioned because he is being investigated by the police over a libel suit, although no formal charges have been filed against him yet.

The Senate deliberated the matter of their suitability in a closed session.

In the end, both candidates managed to ...

click to continue

-- Bangkok Post 16/05/2009