Thailand to deliberate on UPR recommendations

[webfact]

Thailand to deliberate on UPR recommendations

BANGKOK, 16 May 2016 (NNT) - Thailand has presented its National Universal Periodic Review (UPR) report to the 2nd cycle of the 25th Session of the UPR Working Group in Geneva. Recommendations during this cycle review will be submitted to the Thai Cabinet for consideration.

Permanent Secretary for Justice Charnchao Chaiyanukij, in his capacity as the head of the Thai delegation said he informed the meeting on 11 May 2016 that Thailand implemented the recommendations it had accepted during the 1st cycle review in 2011. There was concrete progress in the implementation, said Mr. Charnchao.

The Thai delegation also clarified the issues other countries were worried about such as limitation of the right to expression, the lese majeste law and military trial of civilians.

The deputy permanent secretary said Thailand was commended for progress in many human rights issues such as economic, social and cultural rights, its 3rd National Human Rights Plan, human trafficking prevention and promotion of gender equality.

The UPR meeting approved 181 from 249 recommendations for the human rights situation in Thailand. The Ministry of Justice and the Ministry of Foreign Affiars will meet with relevant units to consider the rest 68 recommendations which will be submitted to the Cabinet for consideration within three months.

-- NNT 2016-05-16

[chainarong]

What can one say , nothing new here, Thailand once again is a leader in this field of humanities ,and even has been congratulated on its endeavours , nothing mentioned here about the treatment of aliens or Burmese, pity about the un-elected junta administration using practices that could be construed as human rights violations, can't have everything I suppose.......................................... .

[mtls2005]

Step one: form a minimum of eleven "committees".

(Or what ever number the soothsayer recommends.)

[NongKhaiKid]

The meeting will come to order. We are here to deliberate on the UPR recommendations.

Right that's it done, time for lunch.

[tuanku]

On the round in 2011, only 172 recommendations were made of which 100 were accepted by Thailand (the rest were taken away for "further deliberation"

Now that number has jumped to 249.

here are some that were accepted by the Government of the day (not the military; I guess both the Abhisit and Yingluk Governments were involved as the election took place that year)

88.37. Address, as a matter of priority, the conditions in Thai prisons and detention centres, including the expansion of the necessary infrastructure, prison personnel, as well as the improvement of inmates’ access to medical care and legal counsel (Slovakia);

88.46. Step up the fight against trafficking to which some foreign populations have fallen victim and ensure that no measures which are contrary to human rights are taken against them (France);

88.50. Consolidate the enforcement of the law concerning human trafficking, particularly in cases of sexual and labour exploitation, which are two very sensitive issues in the country (Nicaragua);

88.54. Continue to accelerate efforts to resolve the situation in the Southern Border Provinces and ensure the reconciliation remains a priority (South Africa);

88.57. Strengthen its efforts to build reconciliation among the social strata in the society, based on the principles of democracy and the rule of law (Lao People’s Democratic Republic);

88.64. Accelerate the reform of the judicial system in order to ensure good governance and equality of treatment of people from different social classes (Qatar);

88.66. Continue to take measures to ensure that alleged human rights violations by the police and security services are properly investigated and prosecuted (Austria)

88.69. Address the issue of impunity in certain cases and for certain parts of Thai society, not least by strengthening the independence of the Office of Prosecutor and the independence of the judiciary (Sweden);

88.70. Increase efforts to tackle corruption and impunity of State officials (Slovenia);

So - we all know how those accepted recommendations have gone in the intervening 5 years.

[tuanku]

Here are some of the recommendations the Thai Government at the time (Yingluck? Abhisit?) felt unable to agree to during the review in 2011

89.1. Study the possibility of (my emphasis) ratifying the International Convention on the Protection of All Persons from Enforced Disappearance (CED); the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR-OP2); the Optional Protocol to the Convention against Torture (OPCAT); the Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR-OP1); the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR); the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW); and the Optional Protocol to the Convention on the Rights of Persons with Disabilities (OP-CRPD) (Argentina);

89.20. Abolish provisions in the Martial Law Act and section 17 of the Emergency Decree which grant immunity for criminal and civil prosecution to State officials (Canada); (So I'm guessing Abhisit was still in charge)

89.36. Adopt all necessary measures to eradicate the abuse and sexual exploitation of children, corporal punishment, the recruitment of children by armed groups and to combat the worst forms of child labour (Uruguay);

89.40. Ensure all allegations of extra-judicial killings by security personal over the past ten years are fully investigated and the perpetrators brought to justice (New Zealand);

89.46. Repeal all relevant legal provisions with a view to eliminate excessive, unjustified detention without raising credible criminal charges and bringing a detainee before a judge in compliance with international fair trial standards (Slovakia);

89.50. Consider repealing criminal laws in favour of appropriate civil laws regarding freedom of expression, in accordance with relevant international human rights standards (Brazil); 89.51. Work with the Special Rapporteur on Freedom of Expression on reviewing the lèse-majesté and Computer Crimes laws to ensure that they cannot be exploited (United Kingdom); 89.52. Reconsider the lèse-majesté and Computer Crime laws in the framework of a public debate open to everyone and transparent, in order to bring them into line with the provisions of the International Covenant on Civil and Political Rights (France); 89.53. Reconsider criminal convictions handed down on the basis of lèsemajesté and the Computer Crimes laws when the conditions of a fair and equitable trial as defined by the international human rights law have not been met (France);

89.57. Undertake a thorough review of the relevant laws to safeguard the basic rights to freedom of opinion and expression (Norway); 89.58. Consider repealing the lèse-majesté law so as to expand the freedom of opinion and expression to include full freedom of expression in relation to the monarchy (Slovenia);

89.62. Reconsider decrees and laws in force which limit freedoms of expression and assembly (such as Article 112 of the Penal Code and the Computer Crimes Act (2007) (Switzerland);

89.70. Become a party to the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol; ensure respect for the principle of nonrefoulement with respect to asylum seekers and refugees; avoid a premature move to close camps on the Western border while conditions for voluntary, safe and dignified return do not exist; and meet the protection needs of vulnerable peoples, such as the Rohingya, in accordance with international law (Canada);

https://documents-dds-ny.un.org/doc/UNDOC/GEN/G11/172/64/PDF/G1117264.pdf?OpenElement

[Baerboxer]

Here are some of the recommendations the Thai Government at the time (Yingluck? Abhisit?) felt unable to agree to during the review in 2011

89.1. Study the possibility of (my emphasis) ratifying the International Convention on the Protection of All Persons from Enforced Disappearance (CED); the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR-OP2); the Optional Protocol to the Convention against Torture (OPCAT); the Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR-OP1); the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR); the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW); and the Optional Protocol to the Convention on the Rights of Persons with Disabilities (OP-CRPD) (Argentina);

89.20. Abolish provisions in the Martial Law Act and section 17 of the Emergency Decree which grant immunity for criminal and civil prosecution to State officials (Canada); (So I'm guessing Abhisit was still in charge)

89.36. Adopt all necessary measures to eradicate the abuse and sexual exploitation of children, corporal punishment, the recruitment of children by armed groups and to combat the worst forms of child labour (Uruguay);

89.40. Ensure all allegations of extra-judicial killings by security personal over the past ten years are fully investigated and the perpetrators brought to justice (New Zealand);

89.46. Repeal all relevant legal provisions with a view to eliminate excessive, unjustified detention without raising credible criminal charges and bringing a detainee before a judge in compliance with international fair trial standards (Slovakia);

89.50. Consider repealing criminal laws in favour of appropriate civil laws regarding freedom of expression, in accordance with relevant international human rights standards (Brazil); 89.51. Work with the Special Rapporteur on Freedom of Expression on reviewing the lèse-majesté and Computer Crimes laws to ensure that they cannot be exploited (United Kingdom); 89.52. Reconsider the lèse-majesté and Computer Crime laws in the framework of a public debate open to everyone and transparent, in order to bring them into line with the provisions of the International Covenant on Civil and Political Rights (France); 89.53. Reconsider criminal convictions handed down on the basis of lèsemajesté and the Computer Crimes laws when the conditions of a fair and equitable trial as defined by the international human rights law have not been met (France);

89.57. Undertake a thorough review of the relevant laws to safeguard the basic rights to freedom of opinion and expression (Norway); 89.58. Consider repealing the lèse-majesté law so as to expand the freedom of opinion and expression to include full freedom of expression in relation to the monarchy (Slovenia);

89.62. Reconsider decrees and laws in force which limit freedoms of expression and assembly (such as Article 112 of the Penal Code and the Computer Crimes Act (2007) (Switzerland);

89.70. Become a party to the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol; ensure respect for the principle of nonrefoulement with respect to asylum seekers and refugees; avoid a premature move to close camps on the Western border while conditions for voluntary, safe and dignified return do not exist; and meet the protection needs of vulnerable peoples, such as the Rohingya, in accordance with international law (Canada);

https://documents-dds-ny.un.org/doc/UNDOC/GEN/G11/172/64/PDF/G1117264.pdf?OpenElement

Thank you for those two informative posts. Lot of hard work posting that, and it is much appreciated.

Not detracting from your posts at all, but what amuses me is the countries who make the recommendations e.g. Qatar - yes, the really know who to treat everyone fairly and equally. Visit any of their labor camps and you can clearly see! I guess they all like telling other countries to do what they might not do themselves.

No excuse for Thailand, but the hypocrisy of many others is unbelievable.

[tuanku]

Here are some of the recommendations the Thai Government at the time (Yingluck? Abhisit?) felt unable to agree to during the review in 2011

89.1. Study the possibility of (my emphasis) ratifying the International Convention on the Protection of All Persons from Enforced Disappearance (CED); the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR-OP2); the Optional Protocol to the Convention against Torture (OPCAT); the Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR-OP1); the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR); the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW); and the Optional Protocol to the Convention on the Rights of Persons with Disabilities (OP-CRPD) (Argentina);

89.20. Abolish provisions in the Martial Law Act and section 17 of the Emergency Decree which grant immunity for criminal and civil prosecution to State officials (Canada); (So I'm guessing Abhisit was still in charge)

89.36. Adopt all necessary measures to eradicate the abuse and sexual exploitation of children, corporal punishment, the recruitment of children by armed groups and to combat the worst forms of child labour (Uruguay);

89.40. Ensure all allegations of extra-judicial killings by security personal over the past ten years are fully investigated and the perpetrators brought to justice (New Zealand);

89.46. Repeal all relevant legal provisions with a view to eliminate excessive, unjustified detention without raising credible criminal charges and bringing a detainee before a judge in compliance with international fair trial standards (Slovakia);

89.50. Consider repealing criminal laws in favour of appropriate civil laws regarding freedom of expression, in accordance with relevant international human rights standards (Brazil); 89.51. Work with the Special Rapporteur on Freedom of Expression on reviewing the lèse-majesté and Computer Crimes laws to ensure that they cannot be exploited (United Kingdom); 89.52. Reconsider the lèse-majesté and Computer Crime laws in the framework of a public debate open to everyone and transparent, in order to bring them into line with the provisions of the International Covenant on Civil and Political Rights (France); 89.53. Reconsider criminal convictions handed down on the basis of lèsemajesté and the Computer Crimes laws when the conditions of a fair and equitable trial as defined by the international human rights law have not been met (France);

89.57. Undertake a thorough review of the relevant laws to safeguard the basic rights to freedom of opinion and expression (Norway); 89.58. Consider repealing the lèse-majesté law so as to expand the freedom of opinion and expression to include full freedom of expression in relation to the monarchy (Slovenia);

89.62. Reconsider decrees and laws in force which limit freedoms of expression and assembly (such as Article 112 of the Penal Code and the Computer Crimes Act (2007) (Switzerland);

89.70. Become a party to the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol; ensure respect for the principle of nonrefoulement with respect to asylum seekers and refugees; avoid a premature move to close camps on the Western border while conditions for voluntary, safe and dignified return do not exist; and meet the protection needs of vulnerable peoples, such as the Rohingya, in accordance with international law (Canada);

https://documents-dds-ny.un.org/doc/UNDOC/GEN/G11/172/64/PDF/G1117264.pdf?OpenElement

Thank you for those two informative posts. Lot of hard work posting that, and it is much appreciated.

Not detracting from your posts at all, but what amuses me is the countries who make the recommendations e.g. Qatar - yes, the really know who to treat everyone fairly and equally. Visit any of their labor camps and you can clearly see! I guess they all like telling other countries to do what they might not do themselves.

No excuse for Thailand, but the hypocrisy of many others is unbelievable.

I think it would be fair to say that the citizens appointed to the UN Human rights Committees in those countries (like Qatar and Lao PDR) are not typical of the kind of people running the country, and probably have a more World based view of Human Rights. It is also the case that countries like Thailand with a poor human rights record love to have the chance to do some finger pointing at others. Either way the recommendations made have validity and would have saved the Junta a load of grief if they had been enthusiastically acted on by the Yingluk government. (although that may have further shortened its time in power!)