Thailand’s human rights advances left unrecognized by Human Rights Watch

World News Monday January 25, 2010 13:31 —Ministry of Foreign Affairs

In response to media questions regarding Human Rights Watch (HRW)’s World Report 2010, which contains a chapter on Thailand, Ms. Vimon Kidchob, Director-General of the Department of Information and Foreign Ministry Spokesperson commented that it is but one of several annual reports released by human rights organizations, and that Thailand is one of over 90 countries and territories around the world covered in the said report.

Referring to HRW’s press release, the spokesperson observed that the group focused mainly on problems of human rights abuses, which -- while understandable -- over-dramatized and over-generalized isolated events and failed to take into account all the facts and the many positive achievements made over the past year. As a result, it unfairly paints a biased picture, giving the wrong impression that Thailand is backsliding.

The foreign ministry spokesperson noted, among others, that the Thai Government has made advances in the protection and promotion of the rights and welfare of the people, particularly for vulnerable groups through such initiatives as 15-year free education and welfare benefits for the elderly and persons with disabilities, prevention of violence against women and children, and registration of children born to migrant workers in order for them to stay with their families.

Also, as ASEAN Chair, Thailand was able to push through a number of initiatives to promote human rights principles at the regional level. These included the inauguration of the ASEAN Intergovernmental Commission on Human Rights and the convening of interface meetings between ASEAN leaders and civil society representatives, which augur well for a more people-centred ASEAN as envisioned by Thailand during its chairmanship.

Addressing some specific issues, the foreign ministry spokesperson noted that HRW’s press released contained several exaggerations. A case in point is the use of the term “crackdowns” with regard to political protests. While political differences continued to plaque Thailand throughout last year, Prime Minister Abhisit Vejjajiva has made it clear that as a matter of principle the Thai people should be allowed to exercise their constitutional rights, including freedom of expression and peaceful assembly, and that in ensuring peace and order, the authorities will use utmost restraint and avoid any use of violence. Even when the Government had to invoke the Emergency Decree to swiftly restore order during the riots last April, utmost care was taken to ensure no loss of life. Live bullets were used only as warning shots, while blank bullets were used in cases when protesters advance upon security officers. As a result, the only deaths were two locals who were shot by the demonstrators themselves. Meanwhile, legal actions are being taken against those who broke the law, regardless of their political affiliation.

With regard to the Southern Border Provinces (SBPs), the Government has ensured the transparent use of special laws and improved the system of accountability when special powers are invoked by officials. Improvement has also been made so that complaints and grievances are addressed in a more systematic manner. In addition, the use of the Emergency Decree is subject to review each time before it is extended. Meanwhile, the Government has launched a pilot project replacing the use of martial law with the milder Internal Security Act in four district of Songkhla. In fact, while HRW’s report does acknowledge the progress made with the transparency of law enforcement in the SBPs, its press release does a 180 degree turn and implies just the opposite.

Impunity is also not condoned. While the legal process does take time, as it does anywhere in the world, the Government’s commitment should not be doubted. As for the incident at Al-Furquan mosque, Narathiwat Province, the Government has condemned the incident and ordered the authorities concerned to expedite investigation without making any presumptions. On 14 January 2010, the main suspect has already turned himself in to the authorities. Meanwhile, the case of Imam Yapha Kaseng has been forwarded to the Office of the National Anti-corruption Commission for further action, with military officials involved already being given preliminary disciplinary punishment.

As for references to the l?se-majest? law, the Government is well aware of the problem with regard to its enforcement. To prevent the law from being too liberally interpreted or abused, it has set up a special advisory panel to look at these cases. This panel is tasked to provide guidance to law enforcement agencies so as to give clarity for the law, which is there to protect an important institution that has no other way of protecting itself, and to prevent it from being drawn into direct conflicts with the people.

Finally, on the return of Laotian Hmongs, HRW does not do justice to Thailand’s long-standing humanitarian tradition and the severity of the problems of illegal migration that the country has to grapple with. Today, Thailand remains host to over 100,000 displaced persons from Myanmar who have found themselves in a protracted situation. And while bearing this heavy burden, Thailand continues to cooperate closely with the international community to find solutions for those in real need.

In spite of their status under Thai law, Thailand sheltered the Laotian Hmongs and cooperated with international organizations and non-governmental organizations in providing them with humanitarian assistance without interruption. In seeking a long term and sustainable solution, these Laotian Hmongs were returned to Laos only when their safety and opportunity of outward travel was guaranteed. Only when Thailand was convinced that they would be safe to return did we decide to send back the recent group. As it turned out, the return on 28 December 2009 was conducted in a safe and orderly manner, with no incidents, and due regard was give to human rights and humanitarian principles. Importantly, cooperation and understanding was also received from the Laotian Hmongs during the return arrangements. There has been no report of them or those returning earlier facing difficulties, and with assurances given by the Laotian Government, the door remains open if third countries wish to receive these returnees for resettlement.

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

-PM-

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