Thailand: New Government Disregards Rights

Policy Statement Fails to Address Major Concerns

Prayuth Chan-O-Cha Courtesy: HRW file photo

(New York) – The new Thai government’s policy statement fails to provide a pathway for restoring respect for human rights after five years of military rule, Human Rights Watch said today. Prime Minister Gen. Prayuth Chan-O-Cha will present the policy statement for his second term in office on July 25-26, 2019.

“Prime Minister Prayuth’s second term is starting with the same blanket disregard for human rights that characterized his first term,” said Brad Adams, Asia director. “His policy statement contains no language whatsoever addressing the serious problems under repressive military rule since the 2014 coup. Whatever hopes that the new government would bring about human rights reforms and advance democratic, civilian rule suffered a serious setback with the failure to include any commitments in the policy statement.”

Prayuth’s 40-page policy statement, which was submitted to the parliament speaker on July 19, does not discuss human rights issues in the country. It does not even discuss Prayuth’s own “national human rights agenda,” which he released in February 2018 with much fanfare.

Key civil and political rights problems that need to be addressed by the new government include:

 Impunity for Human Rights Violations

As chairman of the National Council for Peace and Order (NCPO) junta, Prayuth wielded power from 2014-2019 unhindered by administrative, legislative, or judicial oversight or accountability, including for human rights violations. While the NCPO disbanded after the new government took office, the constitution that took effect in 2017 protects junta members and anyone acting on the junta’s orders from being held accountable for human rights violations committed during military rule. And no redress is available for victims of those rights violations.

Restrictions on Freedom of Expression

The NCPO prosecuted hundreds of activists, journalists, politicians, and dissidents for peacefully expressing their views, on serious criminal charges such as sedition, computer-related crimes, and insulting the monarchy. During Prayuth’s first term, the junta frequently used these overbroad laws to arbitrarily punish and silence critics. Under the new government, the military retains the power to summon anyone deemed to have criticized the government or the monarchy, question them without the presence of a lawyer, and compel them to promise to end their criticism to gain release.

Protection of Human Rights Defenders

A climate of fear persists among rights activists and critics of the government. Even those who fled Thailand to escape political persecution are not safe. At least three Thai political activists have been forcibly disappeared in Laos. Two others have been killed. Another three Thai political activists returned by Vietnam to Thailand have also been missing.

Successive governments have disregarded Thailand’s obligation to ensure that all human rights defenders and organizations can carry out their work in a safe and enabling environment. Against the backdrop of a recent string of brutal attacks targeting prominent pro-democracy activists and dissidents, the government has yet to develop a credible policy to better protect them. Thai authorities have not seriously investigated these attacks, and instead repeatedly told activists and dissidents to give up political activity in exchange for state protection.

During his first term, Prayuth frequently stated that Thailand would act to end so-called strategic lawsuits against public participation (SLAPP), which are used by government agencies and private companies to intimidate and silence those reporting human rights violations. However, these cases continue, frequently as criminal defamation cases. Prayuth’s policy statement makes no mention of Thailand’s much advertised commitment to promote business practices compatible with human rights standards.

The policy statement also does not address the urgent need to revamp the National Human Rights Commission of Thailand. The United Nations Human Rights Council has downgraded the commission because of its substandard selection process for commissioners and its lack of political independence. Revisions to the law adopted during Prayuth’s first term further weakened the commission and transformed it into a de facto government mouthpiece.

Enforced Disappearance, Torture, Violence, and Abuses in Southern Border Provinces

Since January 2004, more than 90 percent of the 6,800 people killed in the ongoing armed conflict in Thailand’s southern border provinces have been civilians from both ethnic Malay Muslim and ethnic Thai Buddhist communities. Although the insurgents have committed egregious abuses, rights violations by Thai security forces have greatly exacerbated the situation.

Thai authorities regularly failed to conduct serious and credible inquiries into torture allegations and enforced disappearances. Military detention, which lacks effective safeguards against abuse, occurs regularly during government counterinsurgency operations in the southern border provinces. Successive Thai governments have failed to prosecute security personnel responsible for torture, unlawful killings, and other serious human rights violations against ethnic Malay Muslims. In many cases, Thai authorities provided financial compensation to the victims or their families in exchange for their agreement not to speak out or file criminal cases against officials. Despite these concerns, Prayuth’s policy statement does not address human rights problems in Thailand’s southern border provinces.

International Obligations

Prayuth’s policy statement only vaguely mentions the importance of Thailand meeting its international obligations. The junta did little to promote Thailand’s adherence to the core international human rights treaties. Although Thailand signed the International Convention for the Protection of All Persons from Enforced Disappearance in 2012, it has yet to ratify the treaty and Thailand’s penal code does not recognize enforced disappearance. Thailand also does not have a law that criminalizes torture, as required by the Convention against Torture, which it ratified in 2007. The junta-appointed National Legislative Assembly suddenly suspended its consideration of the Prevention and Suppression of Torture and Enforced Disappearance Bill on February 2017, and the government has not set a new time frame for reconsidering the bill. Prayuth’s policy statement does not include this law among legislation to be urgently introduced by the government.

“Thailand’s foreign friends should not let the recent elections become an excuse for ignoring the deteriorating human rights situation in the country,” Adams said. “There should be no rush to return to business as usual without securing serious commitments and corresponding action from the new government to respect human rights.”

- Human Rights Watch

- https://www.hrw.org/news/2019/07/24/thailand-new-government-disregards-rights

Indira claims Zakir Naik supporters helping ex-husband hide daughter

Alyaa Alhadjri  |  Published: 25 Jul 2019

A pensive and determined M. Indira Gandhi

M Indira Gandhi's (photo) struggle to be reunited with her estranged daughter Prasana Diksa continues with a rights group today claiming to receive information that her ex-husband was receiving assistance from three groups that included supporters of controversial preacher Zakir Naik.

Indira Gandhi Action Team (Ingat) spokesperson Arun Doraisamy said she had lodged a report at Petaling Jaya police station this morning with the hope that an investigation will be carried out to verify the information that they received through public tip-offs.

"The police report lodged today was based on the latest information we received last week," Arun told a press conference with Indira at Wisma Hindu Sangam in Petaling Jaya.

Aside from Zakir's supporters, Indira in her report also alleged involvement by PAS-friendly NGOs and southern Thailand separatists in helping to shelter her ex-husband Muhammad Riduan Abdullah, who is wanted by the police.

"From 2009 until now we know there were PAS-friendly groups. Before I say this today, I thought about it a few times but I have to say it out loud.

"And now the new information we received, there are groups of Zakir Naik's followers. This too I thought a few times on how to say it," said Arun.

He claimed the help given to Riduan, who is said to be jobless, included monetary assistance as well as logistics aid.

As for the southern Thailand separatist groups, Arun claimed Ingat was informed that they had assisted Muhammad Ridhuan in leaving Kelantan and past the border, despite not having a valid passport.

"People have sighted him. But it’s a small village so people are reluctant to give (confirm) their identity," said Arun, adding that Ingat and Indira had presented all information they received to former inspector-general of police Mohamad Fuzi Harun during a meeting at Bukit Aman on April 19.

"We had a sighting. If previously we were worried whether the child (Prasana) was still alive or not, now we are pretty much confident that she is," he added.

Despite police's failure to locate Riduan and enforce a court order for him to return Prasana to Indira, Arun claimed the groups are supporting Reduan’s movement from Kelantan to Golok, together with a new wife and their children.

Indira in her police report also urged authorities to investigate the 27-year-old woman for allegedly abetting Riduan, who had abducted Prasana a decade ago as an 11-month-old child and has not been seen since.

Both Arun and Indira today insisted that the case had gone beyond the issue of forced conversion.

"If she wants to continue her life as a Muslim, that is her choice.

"It does not matter whether she is Muslim or not, she (Prasana) is still her (Indira)'s daughter," said an emotional Arun.

Indira also teared up as she insisted that her only wish is to be reunited with Prasana.

Riduan took Prasana away and unilaterally converted his three children to Islam in 2009.

A lengthy legal battle between Riduan and Indira then ensued, involving both the Syariah and Civil courts.

Indira’s two eldest children now live with her, but Prasana and her father’s whereabouts remain unknown.

In February, Fuzi said information had not been forthcoming from the public, despite various appeals for help made by the police.

In 2014, the High Court issued an arrest warrant for Riduan but the police have yet to locate him.

Last year, the Federal Court unanimously declared the children’s unilateral conversion to Islam to be unlawful.

- Mkini

https://www.malaysiakini.com/news/485413#.XTmpDLoKaCo.email

Cops, rangers to conduct joint anti-poaching patrols

Bernama  |  Published: 6 Jul 2019, 10:09 pm

An endangered Malayan Tiger - Poachers are increasingly becoming more stubbornly belligerent as the demand increases for tiger body parts - Pic: Malaysiakini 

The Royal Malaysia Police have agreed to assist the Department of Wildlife and National Parks (Perhilitan) rangers in carrying out patrols in the jungle.

Dr A. Xavier Jayakumar

Water, Land and Natural Resources Minister Dr A Xavier Jayakumar said the cooperation was necessary to combat poachers, particularly of the Malayan tiger, as well as to destroy the traps set up by irresponsible parties.

“I will make an announcement on the joint operation with the police in the near future while cooperation with the Malaysian Armed Forces (ATM) is still in negotiation as it involves technical issues,” he told reporters after opening the Save The Malayan Tiger Campaign in Taiping today.

According to Jayakumar, the Wildlife Conservation Act 2010 does not allow forest rangers to carry firearms and this, more or less, limits their fight against poachers in areas bordering neighbouring countries.

“For example, poachers encroached into our country through the border of Thailand and Perak to hunt for our tigers. The Royal Belum Forest in Gerik is the largest forest reserve and many tigers live in the forest,” he said.

He said that between 2013 and last year, more than 1,000 snare operations were carried out nationwide that led to the destruction of more than 3,500 snares.

“During that period, 162 poachers were arrested for various offences involving protected wildlife species and 14 tigers were illegally hunted and captured in snares,” he said.

On today's programme, the minister said the collaboration made by Perhilitan and the Aeon Group was aimed at collecting funds for the Malayan tiger rescue programme.

“This will also enable more rangers to be deployed to the jungle to carry out patrols as well as to locate and destroy the snares set up by those poachers,” he said.

- BERNAMA

-Mkini

https://www.malaysiakini.com/news/482720

Keyboard predators: SE Asia’s kids targeted by online paedophiles

In this file photo taken on May 23, 2018, children play as a fire engulfs a slum area in Manila. — AFP pic

Published on 17 May 2019

BANGKOK, May 17 — Southeast Asia is in the grip of a fresh surge of paedophile activity with predators orchestrating and watching abuse on live-streaming sites and via webcams, and paying for it with near-untraceable cryptocurrency, victims and children’s charities warn.

With widespread poverty, lax laws, and creaking judicial systems, Thailand, Cambodia, Vietnam, Laos, and the Philippines have long been seen as soft spots by foreign and local paedophiles seeking out underage sex in person.

Tougher policing and greater awareness have deterred some offenders, but technology has shifted the patterns of abuse in a region with growing access to broadband internet and encrypted technology.

Paedophiles can now use an array of mobile and online tools — including social networks, video-sharing sites, and the dark web — to direct and watch child rape and sexual abuse with anonymity, experts warn.

“Predators watch the rapes on large platforms that are not likely to close,” said François Xavier Souchet, of Thai-based NGO Terre des Hommes.

“It’s live, nothing is recorded... everything is encrypted. They pay more and more in Bitcoins, encrypted money makes their transactions as secure as possible,” he added.

This week online giants including Apple, Google, Microsoft, and Facebook are giving evidence to the independent inquiry into child sexual abuse (IICSA), which is being held in London and will look at how to prevent online sex crimes as part of its remit.

‘I want to die’

Demand for child sexual abuse via webcam is an increasing cause of human trafficking, according to a UN report, with suggestions Thailand has become a hub in the trade, as well as the Philippines.

Cassie, a Filipina victim, said she was just 12 when she was forced to commit sexual acts — both with an adult man and alone — in front of a webcam.

She moved to Manila to work as a maid but was exploited by her mother’s employer. The torment went on for five years.

She said “I felt trapped, betrayed and alone. I was thinking, ‘I want to die, I want to die because of this pain, but I can’t’.”

Her abuser received a two-year jail term in 2017.

Last month, advocacy and legal aid group International Justice Mission (IJM) warned Philippine children were at risk of being forced into live streamed sex abuse, where paedophiles pay to direct so-called “shows” online.

“Easy access to the web and money transfer services make the country a global hotspot for this problem,” said IJM, noting that it is often parents or family members that organise or even commit the abuse.

Terre des Hommes drew attention to the problem using a computer-generated girl nicknamed “Sweetie” that hung out in chatrooms and was approached by about 20,000 people — mostly men — in a matter of weeks.

Last year a report by the Internet Watch Foundation found online child abuse imagery had increased by a third in 2017.

Death penalty

In March, a teacher was arrested and charged in his native France with rape, abuse of minors and possession of child pornography.

The 51-year-old, who worked in schools in Asia, is alleged to have befriended kids in a working-class Bangkok neighbourhood before building a rapport on social networks, police sources told AFP.

The same month, prosecutors charged another Frenchman with ordering videos of rape and sexual assaults of Filipino children.

The suspect, a 55-year-old former police officer, was arrested after a seizure of computers and live-streaming equipment in the Philippines.

In late April, former British Army officer Andrew Whiddett, 70, was found guilty by a London court of spending thousands of pounds paying for live-streamed sexual abuse of children from the Philippines.

The National Crime Agency (NCA) estimates 80,000 people in the UK present some kind of sexual threat to children online.

The cyber-abuse phenomenon is reaching “Cambodia and Vietnam”, warned Damian Kean, of the Thai-based NGO ECPAT, which specialises in combating the sexual exploitation of children.

In hyperconnected Vietnam, foreign paedophiles are increasingly targeting young victims online, often on social media.

The communist state last year instated harsher penalties to combat the crime — anyone guilty of molesting a child under 16 faces 12 years in prison, while child rape comes with a maximum sentence of death.

But catching a paedophile requires help from the communities within which they operate — communities which are often marginalised, poor and mistrustful.

Souchet of Terre des Hommes explained: “Particularly ethnic minority communities across the region do not trust local authorities.” 

— AFP