Thailand: Move to merge rights agency stirs concern

[webfact]

Move to merge rights agency stirs concern
WIRAJ SRIPONG
THE NATION

CHARTER DRAFTERS' PLAN TO COMBINE THE NHRC AND OMBUDSMAN COULD 'HURT COUNTRY'S IMAGE ON RIGHTS'

BANGKOK: -- THE DECISION by the charter drafters to merge the National Human Rights Commission (NHRC) and the Ombudsman has sparked concerns over what its means for the human rights situation in Thailand and the country's image abroad.

The Constitution Drafting Committee (CDC) last week concluded that it would merge the Ombudsman and the NHRC under the name Ombudsman and the protection of people's rights for the benefit of the people.

The move will diminish the role of the NHRC, and that could affect Thailand's international standing in terms of its commitment towards international norms on human rights, NHRC Commissioner Niran Pitakwatchara told The Nation.

According to Niran, Thailand has already set the standard on human rights and was continuously improving it in accordance with international norms since the advent of the 1997 Constitution, which resulted in the NHRC’s establishment.

Niran said that the work of the NHRC was done in accordance with the five Paris Principles - invoked at a United Nations meeting in 1991 and relating to the protection and promotion of human rights.

From the inception of the NHRC, the spirit of these five international principles has been fulfilled, said Niran.

He added that the NHRC was a fully-fledged institution that underwent monitoring and advisory tasks and worked in coordination with regional and international organisations, including the International Coordinating Committee on National Human Rights Institutions (ICC) and the South East Asia National Human Rights Institutions Forum.

According to Niran, the name "National Human Rights Commission" corresponded to the norms stipulated by the Paris Principles as it comprised the spirit of the promotion and protection of human rights.

Bad move

Merging the two institutions in light of the military-led government could spark negative perceptions of the junta in the international community, he said.

Niran added that the consequences of merging the Ombudsman and the NHRC may result in the ICC having doubts about the status of Thailand in the ICC and other international forums working on human rights issues.

Thailand is already beset by criticism and doubts when it comes to issues relating to human rights as the country performed very badly in the latest Human Rights Watch report released last week.

In principle, Niran said the Ombudsman was meant to be an independent body with the authority to control the operations of state institutions.

The NHRC, however, has been designed under the spirit of controlling and promoting human rights in Thai society, he added.

He said combining these two institutions was like "putting two different spirits together".

Gothom Arya, a human rights and peace-studies scholar at Mahidol University, said in an interview with The Nation that "the scope of power upheld by the ombudsman when exercising its authority is narrower than the one of the NHRC, as the ombudsman deals merely with cases related to state's agencies".

"It is better to let the two institutions perform their full capacity separately as they both have different mandates," Gothom added.

According to the human rights expert, the function of the NHRC should be to monitor human rights violations by private entities and state agencies as stipulated in UN treaties and conventions related to human rights.

According to a source, it had been said that CDC president Borwornsak Uwanno, who was part of the drawing up of the 1997 Constitution, wanted to diminish the role of the NHRC since its establishment but succumbed to general public willingness during the last constitution-drafting processes.

This issue will be discussed at a NHRC meeting today.

Source: http://www.nationmultimedia.com/politics/Move-to-merge-rights-agency-stirs-concern-30253160.html


-- The Nation 2015-02-02

[HiSoLowSoNoSo]

"the name "National Human Rights Commission" corresponded to the norms stipulated by the Paris Principles as it comprised the spirit of the promotion and protection of human rights."

​Don't think the Thais can expect to much of human rights the coming years I believe.

[chainarong]

The only good thing about this move , if you happen to survive as a refugee in Thailand , if you have any complaints you can lodge them in the same building, also Khun Niran , just in passing , I thing the international community has already formed it's own opinion on the Prayut - O Government.

[oneday]

"...According to Niran, Thailand has already set the standard on human rights and was continuously improving it in accordance with international norms since the advent of the 1997 Constitution, which resulted in the NHRC’s establishment..."

[PepperMe]

More likely that NHCR has been put under the control of the Ombudsman to usurp its power.

This is NOT a merger, this is a move to control and inhibit.

[candide]

The NHRC was already one sided anyway....

[toybits]

Those NHRC people are always interfering with how the Rohingyas are treated. They should be hauled in for re-education!!!

Edited February 2, 2015 by toybits

[candide]

I would have rather expected them to be rewarded for supporting "good people"

i.e.

Thailand’s National Human Rights Commission to be downgraded after failures to tackle domestic human rights violations

“The selection mechanism of NHCR commissioners is not diverse, resulting in a lack of participation of civil society.

The NHCR has failed to respond to serious human rights violations, such as the political violence in 2010. It took the NHCR over three years to respond.

The professional independence of the NHCR is questionable since NHRC staff members publicly displayed their political affiliations while undertaking official functions and the NHRC discouraged this but did not ensure that it would not happen.”

http://www.prachatai.com/english/node/4648

Other interesting information:

“In her latest public speech, at the annual human rights award ceremony on 12 December, NHRC director Amara Pongsapitchaya did not explicitly condemn the junta’s ongoing ban on political expression, only noting that anti-coup activists and the junta view human rights differently.”

And

“The NHRC's 2013 report about the military crackdown on Redshirt protesters in 2010 was slammed by Redshirt supporters and human rights activists for its glaring omission of security officers' use of force against unarmed protesters, despite a number of court inquests blaming some of the civilian deaths on the soldiers.

Instead, according to the NHRC narrative, Redshirt protesters "violated human rights" by staging a protest in downtown Bangkok, which "forced" the government at the time to enact emergency laws and send in armed troops to disperse the rallies.”

http://www.khaosodenglish.com/detail.php?newsid=1420012276&typecate=06&section=

And finally

The National Human Rights Commission (NHRC) yesterday suggested that the government provide assistance and compensation to people who were part of the protests against Yingluck Shinawatra's government.

http://www.nationmultimedia.com/politics/NHRC-wants-protesters-to-be-compensated-30252894.html

[rubl]

The NHRC was already one sided anyway....

Absolutely. All those who didn't agree with their reports always said so.

[Chris Lawrence]

'According to Niran, Thailand has already set the standard on human rights and was continuously improving it in accordance with international norms since the advent of the 1997 Constitution, which resulted in the NHRC’s establishment.'

So why did the 1997 Constitution set up the NHRC? And the 2015? 2016?, 2017? Constitution wants to extinguish the NHRC? By diluting the NHRC in puting with the ombudsman, they will be taking away a lot of its teeth.

'Gothom Arya, a human rights and peace-studies scholar at Mahidol University, said in an interview with The Nation that "the scope of power upheld by the ombudsman when exercising its authority is narrower than the one of the NHRC, as the ombudsman deals merely with cases related to state's agencies".'

So the idea is that all the good work that has been done in human rights violations by Thailand over the last 3-6 months equals the need to dissolve an entity that can protect the rights of individuals.

What they should be doing is beefing up the NHRC.

[candide]

The NHRC was already one sided anyway....

Absolutely. All those who didn't agree with their reports always said so.

In particular the International Coordinating Committee on National Human Rights Institutions (ICC) which downgraded the NHRC

[rubl]

The NHRC was already one sided anyway....

Absolutely. All those who didn't agree with their reports always said so.

In particular the International Coordinating Committee on National Human Rights Institutions (ICC) which downgraded the NHRC

Absolutely. All the others just stated they disagreed. Mind you, that was probably also all they could do. It's interesting to so that lots of comments seem to come from the region HRW organisation rather than the National one.

BTW HRW was more critical at some times, managing to anger all sides with "Descend into Chaos"

"Why the pro-red shirt side is unhappy with the report is more complicated. It would be easy to think they would be delighted in such a castigation of the Abhisit government, but that is not the case. The eleven month gap between the end of the 2010 protest and the report’s release has allowed an alternative history to be written. I think this can be seen most clearly in the Thaksin commissioned Robert Amsterdam report and in the speeches by MP Jataporn."

http://asiapacific.anu.edu.au/newmandala/2011/05/19/hrw-fires-a-few-grenades/

and regarding amnesty

"But a statement from HRW warned that if adopted the move would "undermine justice", particularly for those killed or injured in deadly crackdowns on "Red Shirt" street protests in Bangkok in 2010."

http://www.thaivisa.com/forum/topic/547105-no-justice-for-victims-of-thai-political-unrest-hrw/

Edited February 2, 2015 by rubl

[rickirs]

"... the consequences of merging the Ombudsman and the NHRC may result in the ICC having doubts about the status of Thailand in the ICC and other international forums working on human rights issues."

I recall that Gen.Prayuth replaced the civilian Ombudsman with former Director-General of the Defense Information and Space Technology Department, Director of the Office of Policy and Planning for Defense, and Deputy Permanent Secretary for Defense General Wittawat Ratchatanan. This merger allows the military to know NHRC victims, informants and plaintiffs; access to evidence and witnesses; and control NHRC's resources.

Human rights issues will all be resolved.

[candide]

The NHRC was already one sided anyway....

Absolutely. All those who didn't agree with their reports always said so.

In particular the International Coordinating Committee on National Human Rights Institutions (ICC) which downgraded the NHRC

Absolutely. All the others just stated they disagreed. Mind you, that was probably also all they could do. It's interesting to so that lots of comments seem to come from the region HRW organisation rather than the National one.

BTW HRW was more critical at some times, managing to anger all sides with "Descend into Chaos"

"Why the pro-red shirt side is unhappy with the report is more complicated. It would be easy to think they would be delighted in such a castigation of the Abhisit government, but that is not the case. The eleven month gap between the end of the 2010 protest and the report’s release has allowed an alternative history to be written. I think this can be seen most clearly in the Thaksin commissioned Robert Amsterdam report and in the speeches by MP Jataporn."

http://asiapacific.anu.edu.au/newmandala/2011/05/19/hrw-fires-a-few-grenades/

and regarding amnesty

"But a statement from HRW warned that if adopted the move would "undermine justice", particularly for those killed or injured in deadly crackdowns on "Red Shirt" street protests in Bangkok in 2010."

http://www.thaivisa.com/forum/topic/547105-no-justice-for-victims-of-thai-political-unrest-hrw/

Thank you for these informative references (comments from readers are also interesting). Of course the red-shirt version of the event is different from the NHCR one, and the HRW report more like what can be expected from an unbiased source.