Thailand Is Struggling To Put A Brave Face On Its Human Rights Records: Opinion

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REGIONAL PERSPECTIVE

Thai HR contradictions abound

Kavi Chongkittavorn January 30, 2012 1:00 am

Thailand is struggling to put a brave face on its human rights records.

BANGKOK: -- After successful defense of its first Universal Period Review (UPR) report last October in Geneva, the concerned Thai authorities have started to examine all recommendations from their peers at the United Nations. A total of 172 suggestions were given by 52 countries during the reviews, the Thai delegation accepted 100 leaving 72 for further studies. By mid-March, Thailand must reply whether it will take up the rest.

Last Tuesday, the Foreign Ministry held a meeting among concerned ministries with other stakeholders. They exchanged views on the recommendations which were focused on key human rights-related topics including additional ratifications of international human rights mechanisms, the empowerment of Truth and Reconciliation Commission, situation in Southern provinces, migration and trafficking and lese majeste law. Obviously the last three issues are the most critical that require the moral courage from the country's top policy makers to respond in the near future.

There are two distinctive groups of reviewing countries on Thailand, which eventually will also dictate its responses to their recommendations. The Western countries zeroed in on the political and civil rights such as enforced disappearance, torture, lese majesty law et al while the developing countries preferred citing progress made in health care, education, poverty reduction and rural development. The latter group also identified needed areas for improvements especially on women and child rights. All Asean members made comments and recommendations - a typical one could be heard from Indonesia. Jakarta commended Thailand's development agenda which mainly ensures justice for the poor and underprivileged, and reduces the inequality gap. Thailand's human rights commitment and progress on human rights legislation were applauded. So were the role of civil society, entrepreneurs and media in promoting and protecting human rights.

Thailand won admirations widely for the report, which was based on 14 consultations and five public hearings with stakeholders throughout the country - the process was considered on par with many highly democratized countries such as Norway or Denmark. However, when it came to human rights challenges, developed countries pursued three broad themes impacting on the country's human right situation - freedom of expression, TRC process and condition in Southern Thailand. The most comprehensive reviews among the Western countries came from Australia which noted Bangkok's commitment to combat human trafficking and encouraged it to ratify relevant international treaties. Canberra suggested that the committee advising on lese-majesty cases consider the right to freedom of expression. Regarding the Southern Thailand conflict, it encouraged dialogue and impartial investigations of human rights abuses. Thailand has just ratified the Convention for the Protection of All Persons from Enforced Disappearance.

Indeed, the country should accede to additional international human rights instruments. Thailand has the capacity and social conditions to respond positively to numerous requests from UN agencies to sign relevant documents on rights. For instance, with its more than four decades of dealing with several millions of refugees from neighboring countries, Thailand should have realized by now that it would serve its national interest and those of people in dire straits if it signs on to the 1951 Refugee Convention. But the Thai policy makers believe a non-binding commitment is the best way to show commitment.

At the moment more than a dozen of UN agencies would like to make official visits to Thailand. So far, the government has been reluctant to give permission to the high profile ones such as the special rapporteur on freedom of opinion and expression, on human rights or enforced disappearance. Given whatever happened in Thailand in the past decade, it does not make sense at all to ignore these requests. At the last week's meeting among concerned Thai authorities, they agreed that requests to visit Thailand from at least three UN special rapporteurs - on torture, sale of children, access to drinking water and sanitations - should be given a green light. The recommendations drew a shrug from civil society representatives as they want more UN special visits on broader issues. They understand well that despite the absence of any official visits, UN representatives can still obtain relevant information first hand from their informal visits and discussions with Bangkok-based UN officials and other stakeholders. In fact, the Thai officials are undermining their own positions by not offering their perspective. The civil groups would like to see the government speaks out on sensitive issues such as freedom of expression and human rights violation. The authorities argue that each visit needs at least 18-month of preparation. Only a few visits can be arranged. The latest human right-related visit came from the Special Rapporteur on Trafficking last August.

Judging from several controversial recommendations made, the Thai delegation would certainly turn them down. The foremost would be the empowerment of the Truth and Reconciliation Commission, which is investigating the political unrest during May of 2010. More than a dozen countries recommended that the TRC be given more power and resources to do their jobs. Strange as it may seem, the TRC has made clear that it would not insist on such demands. As it turns out, the commission is quite satisfied with the current procedure and structure, which it believes is sufficient to pursue "principles of justice for all, accountability for all and reconciliation among all."

Secondly, on the issue of lese majeste, Thailand would continue to maintain its position that it is trying to find a balance between protecting the monarch and the individual rights to express their views. So far, the record on this issue is not positive as lese majeste continued to increase. Public pressure to have the Article 112 of the Criminate Code amended has also increased markedly since the new government under Prime Minister Yingluck Shinawatra took over last August. So far, it has handled the issue in a half-baked manner. The Advisory Committee set up in 2010 under former prime minister Abhisit Vejjajiva and chaired by the Permanent Secretary of Ministry of Justice is the appropriate channel for positive changes. Problem is, progress has been slow against instituting legal proceedings. It would be wise for the government to expedite all the remaining 28 lese majeste cases. The Thai ruling elite has a long history of self-destructive mindsets. The current stalemate has also raised the issue of accountability in Thai society which should be applied to all citizens and institutions.

The outlook for Thailand on human rights under the Yingluck government is not good and it will get worse in the future. The current Thai leaders do not have a strong conviction for human rights, judging from the patterns of governance since last August. That explains why it has increasing shown resistance to international demand for transparency and accountability. So far the government has escaped criticism, thanked to positive media spins both locally and internationally. As an active Asean and UN member, especially in human rights, Thailand can set a good example on protection of human rights and promote good practices. Unfortunately, the lese majesty debate which has been politicized as well as personalized - often times bordering hysteria - will inevitably increase in coming days. If this trend insists, the second round of UPR, scheduled in the latter half of 2016, will be equally painful as the Thai delegation has to find some good reasons to defend this non-defendable human rights issue.

-- The Nation 2012-01-30

[Pseudolus]

On the surface they might appear to care, but in reality, unless there is something financial in it for them, they won't bother would be my guess lol

[Bakseedaa]

On the surface they might appear to care, but in reality, unless there is something financial in it for them, they won't bother would be my guess lol

Yes, either something Financial or something to save face... The Devil is hard at work in Thailand...Money is God , and saving face is important to all Thais.... But do they care...? only about themselves.. and in the real world, they all hate Farangs... to a point where it hurts... and to all the guys who think their wife (especially Isarn girls) loves them...Haha... stop giving them moneys or buying them things and see how long she will hang around... Som nam naa...

[jonclark]

On the surface they might appear to care, but in reality, unless there is something financial in it for them, they won't bother would be my guess lol

Yes, either something Financial or something to save face... The Devil is hard at work in Thailand...Money is God , and saving face is important to all Thais.... But do they care...? only about themselves.. and in the real world, they all hate Farangs... to a point where it hurts... and to all the guys who think their wife (especially Isarn girls) loves them...Haha... stop giving them moneys or buying them things and see how long she will hang around... Som nam naa...

What a lovely post

[alant]

On the surface they might appear to care, but in reality, unless there is something financial in it for them, they won't bother would be my guess lol

Yes, either something Financial or something to save face... The Devil is hard at work in Thailand...Money is God , and saving face is important to all Thais.... But do they care...? only about themselves.. and in the real world, they all hate Farangs... to a point where it hurts... and to all the guys who think their wife (especially Isarn girls) loves them...Haha... stop giving them moneys or buying them things and see how long she will hang around... Som nam naa...

Phew

Sounds like you are really hurting

[mike123ca]

On the surface they might appear to care, but in reality, unless there is something financial in it for them, they won't bother would be my guess lol

Yes, either something Financial or something to save face... The Devil is hard at work in Thailand...Money is God , and saving face is important to all Thais.... But do they care...? only about themselves.. and in the real world, they all hate Farangs... to a point where it hurts... and to all the guys who think their wife (especially Isarn girls) loves them...Haha... stop giving them moneys or buying them things and see how long she will hang around... Som nam naa...

On the surface they might appear to care, but in reality, unless there is something financial in it for them, they won't bother would be my guess lol

Yes, either something Financial or something to save face... The Devil is hard at work in Thailand...Money is God , and saving face is important to all Thais.... But do they care...? only about themselves.. and in the real world, they all hate Farangs... to a point where it hurts... and to all the guys who think their wife (especially Isarn girls) loves them...Haha... stop giving them moneys or buying them things and see how long she will hang around... Som nam naa...

Try doing that with your western wife and tell me how long she hangs around.

[nurgut73]

sure they are struggling with HR. another thai visa report just said "Thailand welcomes Twitter censoreship". That's one HR (free speech) bottled up...

[takatukaland]

On the surface they might appear to care, but in reality, unless there is something financial in it for them, they won't bother would be my guess lol

Yes, either something Financial or something to save face... The Devil is hard at work in Thailand...Money is God , and saving face is important to all Thais.... But do they care...? only about themselves.. and in the real world, they all hate Farangs... to a point where it hurts... and to all the guys who think their wife (especially Isarn girls) loves them...Haha... stop giving them moneys or buying them things and see how long she will hang around... Som nam naa...

90%

[Jawnie]

It will continue like this in Thailand until the educational system improves and the younger people realize how poorly their elders and government treat them and realize how much of the world is being kept from them because of the selfishness of their elders.

[jeffcool]

It will continue like this in Thailand until the educational system improves and the younger people realize how poorly their elders and government treat them and realize how much of the world is being kept from them because of the selfishness of their elders.

Which means never????

[TempleTiger]

On the surface they might appear to care, but in reality, unless there is something financial in it for them, they won't bother would be my guess lol

Yes, either something Financial or something to save face... The Devil is hard at work in Thailand...Money is God , and saving face is important to all Thais.... But do they care...? only about themselves.. and in the real world, they all hate Farangs... to a point where it hurts... and to all the guys who think their wife (especially Isarn girls) loves them...Haha... stop giving them moneys or buying them things and see how long she will hang around... Som nam naa...

Another farang that should not be anywhere near Thailand. Is it any wonder we are not liked to much when people like this display a terrible attitude towards Thais.Thais are not perfect but then, neither are "farang".

I have a Thai wife (Isaan) and I can assure this poster she has never asked me for money or to buy things. In fact, she looked after me when I had problems. People like this poster seems to be the kind who would frequent the less than proper establishments so maybe he should look for a normal Thai lady or better still...go back to his own country and see how the "ladies" behave there.

Too much negativity about Thailand sometimes. When I get irritated by something here I always ask myself "where is my life better" and the answer always is Thailand.