Cleaning lady

[webfact]

Merger aims to create a 'more effective rights agency'
WIRAJ SRIPONG
THE NATION

STRONG OPPOSITION FAILS TO BLOCK CDC PLAN TO MERGE OMBUDSMAN OFFICE, NHRC

BANGKOK: -- THE FIGHT for the human rights agency is at a critical stage, with the move to merge the National Human Rights Commission (NHRC) with the Office of the Ombudsman persisting despite strong opposition from non-government organisations (NGOs) and rights activists.

Since the Constitution Drafting Committee (CDC) decided to merge the two agencies, civil society and many NGOs have made it clear it wants to maintain the status quo.

Last week, the Law Reform Commission of Thailand also criticised the plan to merge the Ombudsman and the NHRC, saying their spirit and tasks were different.

According to the 2007 Constitution, the Ombudsman looks only at administrative errors or abuses by state agencies.

The NHRC, however, enjoys the broader mandate of promoting and protecting human rights in accordance with the Paris Principles and the United Nations' treaties and conventions on human rights.

In an interview with The Nation, Vitit Muntarbhorn, a law professor and scholar from the Faculty of Law at Chulalongkorn University, explained that the NHRC's role goes beyond simply focusing on controlling the interaction between the state and its own people.

He said the NHRC had an educational mandate to promote rights, as well as an advocacy and protection mandate.

The independent agency also had the mandate to report on the general rights situation in the country to the international community, especially at the UN Human Rights Council.

Meanwhile, NHRC commissioner Niran Pitakwatchara said that merging the two organisations may result in the International Coordinating Committee on National Human Rights Institutions (ICC) having doubts about the status of Thailand in the ICC and other international forums working on human rights issues.

But CDC member Jade Donavanik said: "We have taken into account the Paris Principles that laid down the ground rules for the establishment of an organisation defending the rights of the people. The merger is aimed at increasing the effectiveness of this agency."

'Room for improvement'

CDC spokesperson Pakorn Preeyakorn said the work of both the NHRC and the Ombudsman's office had borne fruit to some extent. However, there was still room for improvement.

The NHRC's officials are currently under the aegis of the Parliament and are not fully independent, as they should be, the CDC spokesperson said. Consequently, their performance lagged behind public expectation, he said.

The new status would offer the rights agency a better capacity to act by granting it an independent status in order to facilitate the management of its own administration, he said.

The selection committee would be more pluralistic, and this would do away with current doubts about under-representation on the selection committee, he said, adding that the new rights agency would be equipped with the capacity to file a petition on behalf of the people.

As for the name of the new organisation, the CDC's proposal, the "Ombudsman and the Protection of People's Rights for the Benefit of the People", has sparked concern over the scope the new rights agency would have.

Pakorn and Jade said the CDC was open to a name deemed more suitable, adding that the CDC was still figuring out the details of the new body.

The NHRC has conducted many major works that are unknown to the general public due to a lack of communication, a source at the agency said.

"Without the assistance of NHRC chairperson Amara and her team, we would not have received the remedy we got [from the government for people affected by insurgency in the southern border provinces]," said Chaluay Boonpetchsri, whose police officer husband was killed by a bomb in Pattani in 2009.

Limits to NHRC

According to Chaluay, her family was one of nearly 1,000 families helped by the rights agency last year. They appealed to the NHRC last July and in October the government promised to remedy their situation.

Besides that, an official from the NHRC Office of Coordination for Human Rights Protection told The Nation that the agency's work involved assisting people involved in small cases to ones with a larger impact, including helping poor people receive medical treatment at hospitals, and helping to improve regulations on the rights and treatment of Thai and non-Thais in the fishing industry.

However, one of the most important factors limiting the NHRC's work is its lack of authority to make a real legal impact, the NHRC source said.

Nurainee Uma, a junior lawyer at the Muslim Attorney Centre, said that violence against locals in the deep South persisted during investigations carried out by the authorities despite the NHRC holding numerous meetings with state authorities.

In order to improve the effectiveness of the NHRC, it is crucial for Thailand to send a positive signal regarding this matter by enabling the existence of a fully-fledged and independent human rights agency, Vitit said.

According to him, one of the most important things that Thailand has to do is tackle the implementation of the existing regulations related to human rights.

Public outreach through the establishment of regional NHRC branches, along with increasing its scope and the level of transparency among state officials, are keys to a better human rights system, Vitit said.

As agreed by all stakeholders in Thai society, the country needs a more diverse NHRC selection committee and a better structural system for the agency that would enable it to better function by making a real impact on society.

According to Vitit, Thailand does not lack the means and mechanisms to implement human rights principles.

He said Thailand had committed itself to this issue by being party to UN treaties that covered the promotion and protection of human rights, irrespective of someone's age, identity and background.

"It is symbolic, but substantive at the same time" as the implication goes far beyond borders, said Vitit, adding that the international community kept an eye on Thailand in terms of its human rights record.

The future of the new rights agency will depend on a constructive and analytical approach of consultation among the drafters. This will also require public participation, which could be an essential factor in completing the process.

Source: http://www.nationmultimedia.com/politics/Merger-aims-to-create-a-more-effective-rights-agen-30254397.html


-- The Nation 2015-02-19

[Godders]

What an incredibly partial heading to an article which is laudably impartial. Has somebody at the Bangkok Post had their collar felt by a khaki hand?