Thailand Moving In Right Direction On Human Rights

[webfact]

REGIONAL PERSPECTIVE

Kingdom moving in right direction on human rights

Kavi Chongkittavorn

BANGKOK: -- Thailand has moved away from being a blah-blah nation to become a serious and committed member of the UN Human Rights Council.

Again, this week Thailand will have another opportunity to defend and further pledges to promote and protect the human rights at the UN Human Rights Council in Geneva.

After several consultations with concerned authorities and civil society groups at home on various recommendations from the HRC members made last October, the Thai delegation is now ready to face enquiries, especially on sensitive issues related to freedom of expression, treatments of victims from political violence and the administration of justice.

Out of the 172 recommendations, there will be only 34 negative responses. Indeed, it is a great leap forward for the country which is striving to reach the international human rights standards.

Thailand has accepted most of the recommendations due to two reasons. First, on the eve of Thailand's election as the president of the HRC in 2010-2011, Thailand, under the Abhisit government, unwavering stated that it would promote and protect human rights not only inside the country but in the international community as well. Since then it has been trying to follow through all commitment and obligations under international human rights instruments.

But it was a tall order as for a country that must cope with political uncertainties and dissents which severely hampered sustained implementations of remedial measures on myriad cases of rights violations.

Prior to 2008, Thailand's engagements with the human rights at the UN level were piecemeal and ad hoc manners at best. Quite often they were personalized and politicized.

In addition, Thai civil society groups have been active in pushing their causes with missile-focused convictions and further engagement through broad discussions with the authorities even on sensitive issues as never before seen.

Intense consultations

Such intense and time-consuming consultations between the representatives from the government and civil society groups are becoming habitual. It is playing a pivotal role in shaping the country's overall responses and acceptance to the human rights recommendations made at the HRC. Within Asean, Thailand has the most intensive consultations and engagements with nearly 100 right-based nongovernmental organizations inside the country. They submitted a total of 21 reports, some of them highly specialized areas, to incorporate with the country's universal periodic reviews last October, which by far the most extensive among developing countries.

Other Asean member countries, some due to the lack of local independent civil society groups, have to rely on interventions from various international rights organizations.

Frankly speaking, Thailand feels quite strongly against recommendations that seek to alter the status quo of practices related to the royal institution as well as those touched on some of the civil and political rights both related to the Thais and non-Thais.

For instance, Uruguay suggested that Thailand should ratify the Rome Statue of the International Criminal Court which it has no problem to do so on the section that related to genocide, crime against humanity, war crimes and crime aggression as the drafting of organic laws are on the pipe-line. However, the Rome Statue also deals with the crime committed by the head of state which raises concerns over here. Related suggestions on lese majeste that linked to freedom of expression from Spain, Brazil, Hungary and Switzerland have also been rejected.

One of the most controversial recommendations came from Switzerland, which asked Thailand to repeal section 17 of the Emergency Decree, which gives immunity from any prosecution to officials working in the southern provinces.

In response, the Thai delegation will point out officials who abuse their authorities would be also reprimanded under the country's legal system. The section 17 also allows the victims to claim compensation from the government. Suggestions to review security laws from several countries have also been turned down as well citing the normative application rule of law. Deep down, it is an issue of governance and administration of justice which still remains Thailand's weakest link at this juncture. By nature, Thai judicial process is time-consuming, which has given rises to criticisms of double standards and negligences. Improvement in this area will help improve the rule of law in all parts of the country.

Freedom of expression

After long delay, the government might take up the request by the Special Rapporteur for the promotion and protection of freedom of opinion and expression, Frank La Rue, to visit Thailand in the future. The government has already approved three requests for visits in the coming four years by special rapporteurs on torture, child rights and access to drinking water and sanitations. Currently, more than a dozen of specialized UN agencies have plans to visit Thailand.

In case of the proposed visit of special rapporteur of freedom of expression, it comes at the most sensitive due to the nature of divided political atmosphere, which has not yet been resolved.

The authorities fear that his visit at the earliest time frame, as requested by civil society groups, is not fleasible. Frank la Rue visited Thailand last year in his private capacity and held extensive informal discussions with politicians and human rights activists. The civil society groups are eager to engage the UN agencies to strengthen their calls for tangible changes on human rights.

Within the Asean context, there have been extremely high expectations from the council members, in particular those developed and emerging democracies, to see Thailand moves beyond the present stumbling block on rights issues. Suffice it to say, overtimes it is clear that there would be more affirmative responses and compliance with international standards with less reservations from various rights enforcement agencies in the country. Numerous consultations between representatives from concerned government agencies and civil groups, beginning in earnest in 2009, have already increased mutual trust and cooperative efforts on ameliorating human rights conditions both at the legislative and practical levels. The Yingluck government still has to harness the good foundation laid down by the previous government on this important matter. At the moment, there are some remaining reservations such as the right to women with respect to non-discrimination in family, the right to acquire nationality and the right of refugee children, etc, which would be certainly done away in the near future.

Despite the contradictions and inconsistencies, Thailand is embarking on the right direction to improve the human rights condition and social justice. Judging from the issue raised and responses this time, it will be an incremental process. Strong commitments from the government in power coupling with the dynamic participation of nongovernmental organizations are a pre-requisite for sustainable and better human rights environment at home.

-- The Nation 2012-03-12

[chooka]

Does this mean that they just may start treating all people as equals regardless of religion or race?

[marquess]

It is fine for the West to talk about Human Rights but what happened to that teenager who said that Obama was a jerk? What about the provisions of the so called Patriot Act and finally extraordinary rendition? Thailand has a way to go without doubt but I wouldn't take my cue from a bunch of hypocrites, who are quite prepared to sanction violence against others who disagree with their ideological stand point. Just ask the people of Iraq and Libya or did the civilians there have no human rights?

[Unkomoncents]

I don't know. I think maybe the "blah-blah" nation just lost all the folks from Burma that were always treated like garbage. That alone could make the 'image' of Thailand more human-rights-friendly, and, naturally, since we're talking about Thailand, image is the primary concern (EVERYTHING else is secondary).

[jayboy]

In my view a typically half baked editorial.He speaks of strides by Thailand in human rights but nothing the current government or previous ones has done (as opposed to empty rhetoric) supports his claim.Furthermore he appears to think that Thailand can pick and choose on the human rights agenda.Needless to say he seems he can speak on behalf of Thailand which of course he can't.Most striking of all is the complete lack of journalistic courage.

[arrowsdawdle]

Does this mean that they just may start treating all people as equals regardless of religion or race?

That's right, unless they are non-Thai or non-BKK elite or non-male.

[chelsea]

Would you say that this article complies with Human Rights:-

Message from the Royal Thai Consulate in Hull (UK). Please note that it is no longer possible to obtain a non immigrant visa from the Royal Thai Embassy or from any of the Royal Thai Consulates in the UK on the basis that you are the father of a child living in Thailand even if you possess the child's birth certificate which shows that you are the father. To be eligible to apply for this type of visa you must also be married to the mother of the child and have an official marriage certificate

Yes, Thailand has a long way to go to comply with most basic Human Right. As a father you do not have the right to father your child in Thailand, so who takes responsibility for the child when you are no longer allowed into Thailand on the father of basis. Clearly the above statement is a violation of the basic Human Rights in any country, so Thailand has a very long way to go

[arrowsdawdle]

How can there be any validity to human rights concerns from an agency that appoints a country that now and historically is in violation of human rights and freedom of speech issues, as its president?

[chooka]

It is fine for the West to talk about Human Rights but what happened to that teenager who said that Obama was a jerk? What about the provisions of the so called Patriot Act and finally extraordinary rendition? Thailand has a way to go without doubt but I wouldn't take my cue from a bunch of hypocrites, who are quite prepared to sanction violence against others who disagree with their ideological stand point. Just ask the people of Iraq and Libya or did the civilians there have no human rights?

Was the teenager from Thailand and what actually happened to him/her does the U.S have leste Majeste laws also?

[chooka]

Does this mean that they just may start treating all people as equals regardless of religion or race?

That's right, unless they are non-Thai or non-BKK elite or non-male.

So as an Aussie I will still be subject to the dual pricing policy then

[BigJohnnyBKK]

Yes, Thailand has a long way to go to comply with most basic Human Right. As a father you do not have the right to father your child in Thailand, so who takes responsibility for the child when you are no longer allowed into Thailand on the father of basis. Clearly the above statement is a violation of the basic Human Rights in any country, so Thailand has a very long way to go

Anyone has the right to "father a child", not sure what you're talking about.

Unless you're already married (and maybe even then?) the mother has the right to decide who gets legitimized as the legal father. Once you've accomplished that, then that gives you the right to stay here, as long as you meet their very minimal income/assets requirements.

Is that what you're talking about? Do you think that just donating sperm to the local gene pool should automatically grant you the right to live here without any other conditions?

Thailand has always made it clear that far from encouraging immigration, it's very difficult to even get permanent residence status, much less becoming a citizen. But such policy is perfectly fair for any country to decide for itself, it might be in our opinion short-sighted and xenophobic, but that's the way it is.

If that's what you're talking about, where do you see a "human rights" issue? I'm sure individual circumstances may cause the occasional injustice, but that's just as if not more true within the rules of the US, Europe etc.

I don't know. I think maybe the "blah-blah" nation just lost all the folks from Burma that were always treated like garbage. That alone could make the 'image' of Thailand more human-rights-friendly, and, naturally, since we're talking about Thailand, image is the primary concern (EVERYTHING else is secondary).

Not to mention the children of minorities (eg hill-tribes in the north) who are now third, fourth+ generation whose whole communities are still treated as illegal immigrants, no rights to citizenship, schooling health care etc.

Now *that's* a pretty fundamental violation of just common-sense decency not to mention international standards of human rights - very surprised that's not even raised here.

[BigJohnnyBKK]

Would you say that this article complies with Human Rights:-

Message from the Royal Thai Consulate in Hull (UK). Please note that it is no longer possible to obtain a non immigrant visa from the Royal Thai Embassy or from any of the Royal Thai Consulates in the UK on the basis that you are the father of a child living in Thailand even if you possess the child's birth certificate which shows that you are the father. To be eligible to apply for this type of visa you must also be married to the mother of the child and have an official marriage certificate

Absolutely. Hull is apparently one location that is used by many people trying to scam their way by using a loophole. Thai law has never recognized any father as having legal rights based on simply being listed on the birth certificate - nothing to do with foreigners, also true for Thai men. Such rights over the child only come from being married to the mother at the time birth (likely conception when circumstances apply), or from the father and mother cooperating at the local registry, or worst case in a court of law using DNA testing.

This is the way the law has always been, and now *some* consulate/embassies in *some* locations will start enforcing this in order to close the abused loophole.

It is as usual in 99% of other locations, up to the discretion of the officials on the ground, so just process your application through an office that doesn't have a bad record of scammers in the past.

If you want to be 100% sure that you will continue to have legal fatherhood rights, just do the very easy and straightforward paperwork to get legitimatized, it's really not that hard.

I personally don't see how any of this has **anything** to do with "human rights".

[BigJohnnyBKK]

So as an Aussie I will still be subject to the dual pricing policy then

Are you talking about for government services? That's pretty rare, and usually very minor. If you are a legitimate taxpayer here, show a copy of your last year's tax record and you'll often get the local rate - sometimes a local drivers' license, or just having reasonably fluent language skills will do.

If you're talking about private sector scams, I haven't found that to be a problem at all once I got past the first year or so of living here; just learn to bargain effectively (eg lightly, with a smile, it's just a game) or choose to spend your money elsewhere. . .