The right to speak: Wasamon Audjarint

[Lite Beer]

PEOPLE IN THE NEWS
The right to speak: Wasamon Audjarint
The Sunday Nation

NHRC commissioner-to-be Angkhana Neelapaijit talks about the need for the human rights body to regain its status with the international community

At the Stock Exchange of Thailand to prepare stock-related evidence for submission to the National Anti-Corruption Commission (NACC) - part of the process to become a commissioner of the National Human Rights Commission (NHRC) - Angkhana Neelapaijit took time out from her busy schedule to chat with the Sunday Nation.

Angkhana, along with other four other candidates, was recently approved by the National Legislation Assembly (NLA) subcommittee, and is now waiting, she says, on the NLA to approve a further two candidates before proposing all seven for royal endorsement, thus marking the start of their terms as NHRC commissioners.

A dedicated human rights activist, Angkhana became involved as much by fate as intention following the disappearance of her husband, human rights lawyer Somchai Neelapaijit, on March 12, 2004. At the time Somchai was defending four Muslims charged with planning bombings as part of the ethnic separatist insurgency in Southern Thailand.

Having accused state security forces of abusing the four accused men while in custody, Somchai was last seen being forced into a vehicle by a group of men in front of a Bangkok hotel in the Ramkhamhaeng area. His fate remains a mystery.

"That was my turning point," the nurse-turned-rights-activist explains. "Had my husband not been bundled into the vehicle and disappeared, I would still be a housewife, helping him by typing [legal] petitions."

The chairperson of the Justice for Peace Foundation, Angkhana has given a great deal of thought to her upcoming role as a rights commissioner. Among the first tasks she will assume will be to restore the NHRC's status in the international arena.

The commission was downgraded last year following an evaluation by the International Coordinating Committee on National Human Rights Institutions (ICC), going from status A to B.

"NHRC officers, like commissioners, play important roles in human rights solutions," Angkhana explains. "However, some of them apparently failed to maintain a neutral political stance. They joined political rallies, for example."

If the NHRC does not achieve improved marks at the ICC's meeting next month, Angkhana said it will no longer be able to submit or voice concerns to the United Nations Human Rights Council (UNHRC), thus diminishing Thailand's ability to push its human rights agenda with the international community.

The UN body is looking closely at the selection of the NHRC commissioners, Angkhana says. But while she is among the potential candidates for the position of NHRC chair, replacing outgoing commissioner Amara Pongsapich, Angkhana has yet to give much thought to the position.

"What's important is that the chairperson has a strong stance [on human rights]," she says. "Besides a good understanding of each matter, he or she should also be able to withstand pressure from ongoing [political] conflicts."

Her other concerns include the commissioners' current inability to publish personal statements. "Independent comments from individual commissioners play an important role in any specific situation under his or her consideration."

Another issue of concern is the continued use of absolute power under Article 44 of the interim charter by junta leader General Prayut Chan-o-cha and the trials of civilians in military courts.

"They might not be able to fully defend themselves as they would if they were tried in civilian courts," she notes.

Prayut, who is both prime minister and leader of the National Council for Peace and Order (NCPO) and can exercise power under Article 44 should understand the importance of freedom of expression, she says.

"People have the right to speak. Not allowing them to do so will eventually cause negativity about the government," she warns.

Other challenging issues include national reconciliation. "There's nothing uncommon about people being different. Indeed, it is their right to be so, as long as they don't use violence to solve their differences and problems.

"And now we are about to draft a new charter. We are back at zero again, and we have to wait for more than a year. How can we be sure that democracy will really be realised in the end?" she asks.

The recently rejected charter draft was the first to incorporate the term "human rights" and Angkhana would like to make some proposals to the new 21-member Constitution Drafting Committee (CDC).

For example, Article 32 of the 2007 charter stated that people may petition the courts if their lives or bodies are violated. However, Article 36 of the rejected charter draft chose to omit such wording. The rejected draft also omitted the term "local indigenous community", replacing it with "local community".

"Leaving out the word 'indigenous' makes an enormous difference," she explains. "The term 'local community' simply means that whoever has been in the community for more than three years is considered a part of it and is thus able to exploit local resources."

She also points to Article 82 in the rejected draft, which says that the state is responsible for protecting native people and ethnic groups. "But it failed to specify as to how it would do so," she laments.

The draft's Article 255, on the topic of NHRC, also did not include the NHRC's mandate to accuse rights violators when necessary, she adds.

After a decade of being active in human rights issues, Angkhana is now campaigning for the promulgation of a law to protect people who have been "forced to disappear".

"It's my tribute to my missing husband," she says.

Defending human rights is no easy task in Thailand and one of Angkhana's five chlidren, Prathabjit Neelapaijit, has had to endure frequent "visits" by military officers due to her political and social views. To gain a measure of immunity Prathabjit eventually quit her job as a university lecturer and joined the United Nations.

Yet despite all pressures the family has faced, Angkhana points out that they are not the only ones with this problem.

"All Thai people have a high level of tolerance and I appreciate that," she says. "But I do wish the government would understand that no one can keep on tolerating infringements of their rights and that socially sustainable development can never be achieved if they make people cow in fear."

Source: http://www.nationmultimedia.com/politics/The-right-to-speak-wasamon-Audjarint-30270639.html

-- The Nation 2015-10-11

[trogers]

Where does this rights end and the rights to lie and defame starts?

[phoenixdoglover]

A thoughtful article about someone who is an advocate for human rights. It's too bad The Nation doesn't have the guts to attach a journalist's name to the article.

[BobTH]

Now this woman is a person that could begin to move this country forward in re-conciliation. Not often do I read something that makes me feel good after finishing it when it comes to the news here. I just hope she secures the position and is able to voice her views to the general public and present administration. Good luck to you Angkhana Neelapaijit.

[BobTH]

A thoughtful article about someone who is an advocate for human rights. It's too bad The Nation doesn't have the guts to attach a journalist's name to the article.

Wasamon Audjarint is the journalist, it says it on the Title of the article.

https://www.linkedin.com/pub/wasamon-audjarint/52/677/367

[Srikcir]

"Besides a good understanding of each matter, he or she should also be able to withstand pressure from ongoing [political] conflicts."

Having to be approved by a junta-appointed NLA and working within a military-led government will require more than withstanding pressure. It may require resigning on principles if the alternative is being a government patsy. Hopefully she will get the opportunity to break the mold of previous commissioners and be more effective.

[jpb1963]

she will possibly end up being bundled into a similar vehicle as her husband if she ruffles too many feathers