With reference to Human Right Watch (HRW)’s report and press release entitled “Thailand: Serious Setbacks in Respecting Rights (2011)” dated 25 January 2011, the Ministry of Foreign Affairs wishes to state as follows:
Respect for universal human rights is enshrined in the Constitution of the Kingdom of Thailand and the Royal Thai Government is committed to relevant international obligations in this regard. While recognizing that more can and should be done to better the human rights situation in Thailand and indeed the rest of the world, the Government has placed the promotion and protection of human rights high on its agenda, with the Prime Minister personally chairing the relevant committees. Steady progress has been made, particularly with regard to the rights and livelihoods of women, children, the disabled and the elderly.
It is therefore unfortunate that the aforementioned report by HRW failed to give due regard to these developments and instead focused on certain groups and issues without fully taking into account all the relevant facts.
Demonstrations by the United Front for Democracy against Dictatorship
The demonstrations by the United Front for Democracy against Dictatorship (UDD) had gone beyond the exercise of the right to peaceful assembly sanctioned by the Thai Constitution. They constituted unlawful action and, as HRW report also noted, involved the use of weapons and violence. Based on evidence and video footage taken by both local and international media during the clashes between the demonstrators and security forces, it is clear that armed elements among the demonstrators had used military weapons, including assault rifles and grenade launchers, with indiscriminate effect, leading to loss of lives and injuries among demonstrators, innocent bystanders and security officers.
In restoring law and order, the authorities exercised utmost restraint and adopted clearly stipulated rules of engagement. These rules were formulated in accordance with the principle of proportionality and international standards, including strict instructions on the use of live ammunition. The HRW report’s generalized description that security forces responded with “excessive force” to the demonstrations is therefore inaccurate.
While those who were involved in acts of violence will have to be dealt with in accordance with the law, the Royal Thai Government recognizes that many among the demonstrators were those who merely wished to air their grievances peacefully. The Government is determined to address these legitimate concerns and also involve all sectors of society in the ongoing reconciliation and reform process. It has recently announced a set of measures under the Thailand Reform Plan aimed at addressing economic and social disparity by promoting quality of life and equal opportunities in terms of cost of living, healthcare, judicial reform and social security.
The Royal Thai Government is fully committed to national reconciliation and is open to scrutiny and ready to be held accountable in accordance with the law. Investigations into the deaths resulting from the violent protests are ongoing. Military and police officers at both supervisory and operational levels have been summoned for questioning. The Department of Special Investigation (DSI) has kept the public informed of the progress of its investigations. Indeed, the DSI has publicly noted that while evidence and witness reports indicate that some cases were committed by the UDD, there are also other cases in which officials where likely to be involved. This — along with other processes including the work of the Independent Fact-finding Commission for Reconciliation, the National Human Rights Commission and the National Anti-Corruption Commission — should be allowed to take its course.
As have already been communicated to HRW in September 2010, no individual is currently being held in custody under the Emergency Decree on Public Administration in Emergency Situation, which was lifted on 22 December 2010. All those remaining in detention have been charged in accordance with the Criminal Code and accorded due process of law and rights. In fact, some of them have already been sentenced or released by the court. Others, including seven protest leaders, have been granted bail pending consideration of their cases. The Government has also been providing legal assistance to detainees, particularly those who are facing less serious charges, including the provision of financial support for those seeking bail.
Regarding “unofficial places of detention,” used for those held in custody as stated in the HRW report, it is important to note that the Decree stipulates that detainees be held in a designated place that is not a police station, detention centre, penal institution or prison, as they have not yet been sentenced and for their own protection. By law, the locations of these places are a matter of public record.
Freedom of Expression and Peaceful Assembly
As in other democratic societies, Thai people are free to enjoy their constitutional rights, including the rights to freedom of expression and peaceful assembly. The media also enjoys such freedoms, as witnessed by the abundant criticisms of the Government. However, those who abuse their rights by spreading distorted information to incite violence and hatred among Thais or against the monarchical institution in contravention to the law — whether through community radio, the Internet, online social networks or other media — have to be held accountable in accordance with the law. Due process will be accorded to those against whom legal proceedings are undertaken, and they have the right to a fair trial and assistance from a legal counsel. They may also contest the charges. Alleging that this constitutes a “rolling crackdown” on peaceful political expression is inaccurate and totally out of context.
The Royal Thai Government recognizes the need to strike a balance between individuals’ right to freedom of expression on the one hand and the protection of others’ rights, such as the right to privacy, and other important considerations such as national security and public order on the other. This applies to the offence of l?se-majest? pursuant to which the Prime Minister has set up a special advisory panel comprised of ex officio senior officials from agencies concerned to serve as a mechanism to help screen and give advice to the police and public prosecutors on the merits of relevant cases under their purview in order to ensure that this provision of the law is enforced in line with its purpose of protecting the dignity of the monarchy while respecting and taking into account people’s constitutional rights.
Anti-Narcotics Policy
It is the duty of every government to provide treatment for drug users and addicts. When these individuals are arrested, the Royal Thai Government therefore cannot simply ignore their addiction. Voluntary as well as compulsory drug treatment programmes are being run. Moreover, there have been concrete advances toward implementing a harm reduction approach. It is thus hoped that HRW will take this information into account when formulating future reports.
Situation in the Southern Border Provinces
The violence in the Southern Border Provinces (SBPs) is perpetrated by a small number of extremist elements with the intention of creating divisions and hated in a uniquely and historically harmonious, multicultural and multiethnic society. The attacks on innocent civilians, whether they are Muslim, Buddhist or of any other faith, are equally abhorrent and affect the lives of everyone in the SBPs.
Security personnel have been deployed to protect the lives and livelihoods of local people. All violent incidents are investigated and prosecuted in the courts in accordance with criminal law. Telephone hotlines and centres to receive complaints have been set up at the district level. Throughout the military chain of command, strict orders have been issued at all levels to uphold the law and treat civilians, whether they are suspected perpetrators of violence or not, with dignity and justice. The Royal Thai Government treats any allegations of wrongdoing or abuses by security personnel with the seriousness it deserves and all reports are investigated without exception in accordance with the rule of law and judicial process. The procedure may take time, but the judicial process must be allowed to take its course.
On 30 December 2010, the Government lifted the Emergency Decree in Mae Lan District, Pattani Province, and continues to review its application in other areas of the SBPs. Earlier, the Government had lifted martial law in four districts of Songkhla Province, replacing it with the Internal Security Act.
Humanitarian Assistance
While Thailand has not ratified the Convention relating to the Status of Refugees, it has nonetheless always extended humanitarian assistance to those in need. As a result, the country is increasingly faced with both illegal migrants who may require protection as well as those seeking economic opportunities. In responding to this daunting challenge, Thailand is committed to maintaining a balance between the protection of basic individual rights and national security. Despite the real need to ensure the application of relevant domestic laws, safeguards and solutions have always been provided for those in real need.
In the case of displaced persons from Myanmar, for over 25 years Thailand has been shouldering the burden of over 100,000 displaced persons in nine temporary shelters. There is no policy of forced return. Thailand has also been giving temporary refuge to those displaced from recent sporadic violence along its borders and has facilitated their voluntary return in a dignified and orderly manner once the situation in their areas of origin has stabilized. Those who are not ready to return have been allowed to prolong their temporary stay and to receive basic humanitarian assistance. There have been no reports of returnees having been harmed.
As a country hosting millions of migrant workers from neighbouring countries, Thailand has put strong efforts towards effectively and consistently managing illegal migratory flows into the country. At the same time, high priority is given to combat people smuggling and human trafficking networks, as well as to promote a legal and formal labour market. In this regard, Thailand has pursued registration and status legalization of illegal migrant workers currently living in the Kingdom in order to enable these groups to gain access to social protection and health services. The Employment of Foreign Workers Act B.E. 2551 (2008) and the Prevention and Suppression of Human Trafficking Act B.E. 2551 (2008) are examples of legal frameworks providing protection to workers and victims of trafficking, whether Thai or foreign, regardless of their legal status. The Child Protection Act B.E. 2546 (2003) also clearly stipulates the care, treatment and protection of children from all forms of violence and abuse.
Finally, it must be reiterated that the Royal Thai Government takes human rights issues seriously and is also committed to contributing to this cause regionally and internationally, as reflected by its membership of the United Nations Human Rights Council.
For further information, please contact the Press Division, Department of Information, Ministry of Foreign Affairs, Tel.02-6435170, Fax.02-6435169, E-mail: div0704@mfa.go.th