Friday, July 26, 2019

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

5 comments:

  1. Peace talks in Southern Thailand stalled, says Pattani group

    Bernama | Published: 24 Jul 2019

    The peace process to end the conflict in southern Thailand is stalled due to the lack of commitment, sincerity and strong political will from the Thai government, said the Patani Consultative Council (Mara Patani).

    Its spokesperson, Abu Hafez Al-Hakim has thus called on international leaders and community to help find a political solution to end violence in southern Thailand.

    He said the military approach adopted by the government thus far had failed to curb violent incidents and confrontations; in fact, the animosity and retaliation from the liberation movements escalated.

    “The ongoing peace process that promises hope for the people has often stalled due to the lack of commitment, sincerity and strong political will.

    “It is only through international involvement and support, a true political outcome can be achieved for a just, comprehensive and sustainable peace in Pattani,” he said in an open letter.

    The open letter is to eminent world leaders and organisations, including the prime ministers of Thailand and Malaysia, and secretaries-general of the United Nations, Organisation for Islamic Cooperation (OIC) and Asean, Human Rights Commission, Geneva Call and Amnesty International.

    Abu Hafez said the conflict in Patani was no longer a domestic issue of Thailand, but a regional one that needed international intervention.

    “It is political in nature with historical root causes to be addressed. Hence, the approach for conflict resolution should be political, not by the use of force nor suppression.

    “All draconian and unjust laws that affect the day-to-day lives of the people must be revoked immediately and unconditionally since now the elected government is in place. The people of Patani must be given the right to self-determination as guaranteed by the UN Charter,” he said.

    To date, about 7,000 people had been killed in the conflict in four regions in southern Thailand - Pattani, Narathiwat, Yala and Songkhla - since it broke out in 2004.

    On Feb 3, Mara Patani suspended the peace talks until the completion of the Thai general election on March 24, over the refusal of the Thai government negotiation panel chief, General Udomchai Thammasarorat to meet the negotiation panel of Mara Patani in Kuala Lumpur.

    Malaysia had picked former Inspector-General of Police, Abdul Rahim Noor as its new facilitator to the peace process.

    Meanwhile, in the open letter, Mara Patani also urged intervention from world leaders after a detainee, who is under the authority’s custody, suffered injuries during interrogation.

    He said the 32-year-old man, who was nabbed by security personnel and taken to the Inkhayut Borihan Army Camp last Saturday for interrogation, was found unconscious in the bathroom of the interrogation centre, hours later on Sunday.

    The man was rushed to Pattani Hospital and later found suffering acute cerebral oedema due to hypoxia, and his condition is critical.

    “We are shocked and saddened by the latest incident in the deep south… We strongly condemn this inhumane act of cowardice, severe violation of human rights and gross negligence during the interrogation process.

    “The world leaders must no longer stand passively watching these atrocities by the Thai military go unchecked and the perpetrators unpunished. This is to ensure similar unwanted tragedies could be avoided in future,” he said.

    - Bernama
    - Mkini
    - https://www.malaysiakini.com/news/485238

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  2. Several small blasts heard in Thai capital, two hurt

    Reuters | Published: 2 Aug 2019

    Several small explosions were heard in Bangkok in at least three locations on Friday and police said that two street cleaners had been hurt by what appeared to be a homemade bomb.

    There were no other immediate reports of injuries.

    Thai police said they were investigating the cause of the explosions. Some explosions were heard at a government office and others near at least two other sites near central Bangkok.

    Bangkok is currently hosting a regional security meeting of foreign ministers from the Association of Southeast Asian Nations (Asean) and their counterparts from world powers including the United States, China and Russia.

    A senior police officer said two street cleaners were injured by what appeared to have been a homemade bomb in the Suan Luang district.

    On Thursday, Thai police said they had found two fake bombs on Thursday near the venue of the regional security meeting. The packages prompted a brief security scare but were quickly deemed harmless. It was unclear whether the meeting was the target.

    Police said two men had been arrested in connection with the fake bombs.

    China’s top diplomat Wang Yi and US Secretary of State Mike Pompeo are attending the forum along with other regional and global officials.

    - Reuters
    - Mkini
    - https://www.malaysiakini.com/news/486369

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    Replies
    1. As long as if the current Chan-O-Cha government refusal to accede to the demands of the Southern insurgents, more trouble will spread and it's not just going to be in the Southern region but also in areas where there are tourists and major events going on.

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  3. Unexploded firebomb discovered in Bangkok

    Reuters - August 7, 2019

    BANGKOK: Thai authorities recovered an unexploded firebomb at a market in central Bangkok on Wednesday in what they said was a device left over from coordinated attacks last week that wounded four people.

    Six small bombs and six firebombs went off in the Thai capital last Friday as the city hosted a meeting of Southeast Asian foreign ministers that was also attended by top diplomats from the United States, China, and other world powers.

    Thai police said the newly discovered firebomb at the Pratunam market in central Bangkok was similar to those set off on Friday.

    “The device functioned, but the fire did not catch because it was hidden underneath a pile of clothes so there was not enough oxygen for the fire,” a police officer told Reuters on condition of anonymity because he was not authorised to speak to the media.

    “The device is timer-triggered and is attached to a power bank, the same sort that was used in last week’s attacks, and it was likely placed … around the same time as other devices,” he said.

    Thai Prime Minister Prayut Chan-o-cha said authorities have detained nine suspects, including two men who were arrested on Friday, accused of planting two bombs in front of the police headquarters in central Bangkok a day earlier.

    The two suspects are from Narathiwat province, one of the larger Malay-Muslim provinces in Thailand‘s deep south where more than a decade-long insurgency has left nearly 7,000 people dead since 2014.

    Deputy Prime Minister Prawit Wongsuwan told reporters that Friday’s coordinated attacks were “linked to a southern group” but did not elaborate on the details, saying that more investigation is needed to determine who ordered the attack.

    - Reuters
    - FMT
    - https://www.freemalaysiatoday.com/category/world/2019/08/07/unexploded-firebomb-discovered-in-thai-capital/

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    Replies
    1. Thai authorities believe southern groups behind Bangkok blasts

      Linda Khoo, Bernama | Published: 6 Aug 2019

      Southern groups are believed responsible for the series of bombings in Bangkok last Friday, Thai authorities said.

      Thai Deputy Prime Minister Prawit Wongsuwan said police believed a mastermind was behind the explosions but have yet to establish if they were politically motivated.

      “The incidents were planned. We are tracing how they (suspects) travelled and where they got the bombs from,” he told the media after the weekly cabinet meeting at the Government House in Bangkok today.

      He said police have not ruled out any motive for the blasts which involved “many” people.

      Prawit, who oversees security matters, briefed the cabinet on the explosions, which rocked the capital at a time when it was hosting the Asean Foreign Ministers Meeting.

      Last Friday, police found nine bombs, including several unexploded devices, at five locations in the capital city after several small explosions left four people injured.

      Meanwhile, Prime Minister Prayuth Chan o-cha said police had arrested seven suspects in connection with the explosions.

      However, he did not disclose when and where they were arrested. He said police were intensifying their hunt for more suspects.

      So far nine suspects have been arrested to facilitate investigations. The other two men from Narathiwat were arrested for allegedly planting explosive devices at the sidewalk near the Royal Thai Police headquarters in Rama I Road on Thursday evening.

      Prayuth said he would be travelling to Yala in southern Thailand tomorrow to hold discussions with the relevant authorities to find solutions for the decades-long conflict in the region.

      - Bernama
      - Mkini
      - https://www.malaysiakini.com/news/486943

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