Public Corruption And Censorship: Keep Your Head Low?

[TongueThaied]

There seems to be a great divide between the users of ThaiVisa with regard to where basic human rights end and Thai culture begins. I suspect that everybody living in Thailand would agree that the local culture should be and must be respected. The split comes between well-meaning folks trying to find that sweet spot that lies somewhere between respect for culture and appeasement of certain criminal and totalitarian behaviors of this government. Personally, I believe the two are completely unrelated.

Nonetheless, there have been times in history when monumental struggles have revealed such apparent divides. The Vichy Regime of France capitulated in appeasement to the Nazis, while the French Resistance, at the greatest possible personal sacrifice, refused to capitulate. Meanwhile, in Britain's darkest hours of Nazi assault, Winston Churchill declared, "If this long island story of ours is to end at last, let it end while each one of us lies choking in his own blood upon the ground." I do not suggest that anything happening here approaches that magnitude, but I remain vigilant, knowing that humanity for most of its recorded history has labored under totalitarianism. Those who think it not far away, deceive themselves. I hold high the admonition Benjamin Franklin famously wrote, "Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety." Those who bow their heads to oppression will earn their just desserts.

I admit that a certain thread I read last night got me riled, as it is rooted in my constitution to hold my head high against the abrogation of basic human rights no matter where I am. I regret that I engaged in an ungentlemanly ad hominem attack on another member, who, by having lived here 20 years, purported to have the authority to insist that foreigners encountering censorship and public corruption should "just keep their heads down" in respect of the culture.

Rather than resort to the constitutions or laws of this or other countries, let us look directly to the Universal Declaration of Human Rights to which Thailand is a signer. Although I have endeavored to reproduce the following excerpts without bias, I entreat all to read the full text at: http://www.un.org/en/documents/udhr/#atop The Thai translation can be downloaded in PDF here: http://www.ohchr.org/EN/UDHR/Pages/Language.aspx?LangID=thj For any other language, find it here: http://www.ohchr.org/EN/UDHR/Pages/SearchByLang.aspx

PREAMBLE

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

. . .

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

. . .

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

. . .

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

. . .

Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

. . .

Article 1.

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

. . .

Article 3.

Everyone has the right to life, liberty and security of person.

. . .

Article 9.

No one shall be subjected to arbitrary arrest, detention or exile.

. . .

Article 17.

(1) Everyone has the right to own property alone as well as in association with others.

(2) No one shall be arbitrarily deprived of his property.

. . .

Article 19.

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

. . .

Article 26.

(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.

(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.

(3) Parents have a prior right to choose the kind of education that shall be given to their children.

. . .

Article 28.

Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

. . .

Article 30.

Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

In the Bangkok Declaration adopted by Ministers of Asian states meeting in 1993 in the lead up to the World Conference on Human Rights, Asian governments reaffirmed their commitment to the principles of the United Nations Charter and the Universal Declaration of Human Rights. They stated their view of the interdependence and indivisibility of human rights and stressed the need for universality, objectivity and non-selectivity of human rights.

Most countries, including Thailand, enumerate these rights in their constitutions. However, the Thai Constitution, interesting, is liberally sprinkled with weasel clauses such as here under Chapter 3:

Section 45. A person shall enjoy the liberty to express his opinion, make speech, write, print, publicize, and make expression by other means.

The restriction on liberty under paragraph one shall not be imposed except by virtue of the law specifically enacted for the purpose of maintaining the security of State, protecting the rights, liberties, dignity, reputation, family or privacy rights of other person, maintaining public order or good morals or preventing or halting the deterioration of the mind or health of the public.

Huh? It doesn't take a lawyer to drive a Mac truck through that loophole. Oh well, what can one expect from a constitution that sprang from the loins of a junta? For the full texts of Thai constitutions over the last few years in both English and Thai, see, <A href="http://www.thekoratpost.com/Constitutions.html">'>http://www.thekoratpost.com/Constitutions.html">http://www.thekoratpost.com/Constitutions.html Even though the Thai Constitution counteracts itself on most important rights, Thailand did sign and ratify International Covenant on Civil and Political Rights, which enumerates and broadens all the rights set forth in the Universal Declaration of Human Rights. See, http://www2.ohchr.org/english/law/ccpr.htm

Rights are to be differentiated from power. One with enough power can pretty much do as he or she pleases. Exercising a right against a power can get you jailed or, worse yet, killed. If you tell a robber with a gun to you head that you intend to exercise you right to keep you wallet, it will probably be you last right. But sacrificing your wallet and sacrificing you dignity are two different things. Appeasing totalitarian behaviors my buy temporary safety and security, but once you go down that road, it is very difficult to turn back.

So, where do YOU stand with regard to basic human rights such as freedom of speech and of the press, or the right to be free of "official" extortion? Do you hold you head high, demanding these rights, while respecting the local culture? Are you willing to sacrifice? Or do you believe the local culture requires you to "keep your head low" when exposed to totalitarian or publically corrupt behavior?

Now, before you answer, I am well aware that any of you are bright enough pick apart the foregoing with comments such as: "These international conventions are not enforceable." Or, "The U.S. did not sign, why should Thailand be bound." Or, "You have taken [this or that] out of context." Or,"You obviously do not understand . . .." Or, ". . .." But that is not the point. I am sure everybody understands the concept and the question. So . . .

Just curious about our numbers. Maybe you could answer with an "I hold my head up" or an "I keep my head low." Where do YOU stand?