Commission seeks new approach as junta accused of violating communities’ rights

ศาสตร์เกษตรดินปุ๋ย : ขอบคุณแหล่งข้อมูล : หนังสือพิมพ์ The Nation

http://www.nationmultimedia.com/national/Commission-seeks-new-approach-as-junta-accused-of–30290937.html

HUMAN RIGHTS

Tuenjai

Tuenjai

VIOLATIONS of community rights and controversial resource management practices continue to pose problems in Thailand, national human rights officials have said.

Of 488 complaints filed with the National Human Rights Commission (NHRC) in recent months, more than 40 per cent deal with community abuses and allegations of unfair resource management.

Commissioners who took office at the NHRC late last year have said they believe some orders by the National Council for Peace and Order (NCPO) are among major causes of related problems.

For example, implementation of the NCPO’s forest reclamation policy and related orders has resulted in residents being evicted from areas where there have lived for a long time, while their property and crops have been often destroyed.

Tuenjai Deetes, an NHRC member focusing on communal rights, said that since a third batch of NHRC commissioners were sworn into office late last year, more than 200 of the 488 cases filed with the commission involve complaints about rights violations affecting communities and management of resources.

“We are trying to work more proactively by coordinating with relevant agencies to detect problems in laws and government policies and solve them in the first place,” Tuenjai said.

“Moreover, we are going to closely monitor the authorities after we have provided suggestions in order to make sure that they comply with our suggestions. If not, we will find out why they did not.”

She said that previous suggestions to government had not been implemented in reality because agencies often work separately and in conflict with each other, which requires a different approach from the rights body to be effective.

The comments were made following the NHRC’s celebration of its 15th anniversary last Wednesday.

She gave an example of improved cooperation by pointing to a memorandum of understanding the NHRC signed with the Agricultural Land Reform Office to inspect land laws and review NCPO orders that could violate communities’ land rights.

“This will let us know where the problems are, so we can suggest legal amendments or advise the NCPO to change how its orders are implemented,” she said.

Proactive measures for future

NHRC chairman What Tingsamitr agreed that the agency would take proactive measures in rights campaigns in the future, adding that the increasing number of cases filed with the commission showed previous problems had not been solved effectively.

“On the 15th anniversary of the NHRC, we are introducing new tools to settle conflicts regarding human rights violations through the negotiation process. With negotiation, it will be much quicker and easier to end conflicts. However, this approach will only be used on negotiable issues,” What said.

He said issues that are not negotiable included violations of children’s human rights, sexual harassment and human dignity. He added that most communal and natural resource management issues could be settled through talks, but both sides of a conflict needed to be willing to solve the problem by negotiating.

Tuenjai said it was not only the NHRC’s task to ensure human rights, but also the government’s duty to avoid violating people’s rights.

“From the problems that we have seen, authorities did not try to avoid impacts on people during the implementation of their policies and projects,” she said. “This lack of attention to people has been causing impacts on people and communities from the heart of our capital to villages in the forest.

“I suggest the government should review its own policies and implementation to ensure that people are included in development,” Tuenjai said. “The government has to change the mindset that it can win in conflicts with the people by law. It should instead respect the identities of communities before doing anything that will affect them.”

Thailand presents its rights record to UN this week

ศาสตร์เกษตรดินปุ๋ย : ขอบคุณแหล่งข้อมูล : หนังสือพิมพ์ The Nation

http://www.nationmultimedia.com/politics/Thailand-presents-its-rights-record-to-UN-this-wee-30285629.html

HUMAN RIGHTS

Justice Ministry permanent-secretary Chanchao Chaiyanukij said yesterday he would lead a delegation to report the country’s human rights situation to the United Nations Human Rights Council.

He said UN member countries were required to submit a human rights report to the council every four years. This year’s meeting in Geneva is scheduled on Wednesday.

Chanchao said he would lead the delegates in reading the country’s 21-page human rights report during a three-hour session. Representatives from the public sector, which has a wider scope of activities than non-governmental organisations, will read about 10 pages of the report.

Human rights specialists and independent human rights activists will then read their own 10-page report.

“The human rights report by the three parties will not be conducted in a hostile questioning atmosphere, [with] no verdict, no winners or losers, and no passing or not passing. The questions will focus on human rights development in our country over the past four years. We will encourage suggestions and comments to correct or improve the situation and then report back to the UN in the next four years,” he said.

Chanchao said the content to be read by representatives from Thailand would cover human rights of various groups including labourers as well as rights to access the justice system, health-related rights, freedom of expression and the death penalty.

Meanwhile, Chanchao said the Department of Corrections was planning to buy scanners to scan female inmates at the Central Women Correctional Institution after the government allocated Bt60 million for the acquisition. The scanners are meant to reduce human rights abuse allegations arising from manual body searches.

He said certain types of body searches, like the touching of legs and arms, would still be required. Cavity searches will be conducted only if scanners detect suspicious or illegal items.

“Body searches must not be conducted in a manner that is deemed perverting, assaulting or harassing,” he said.

Arrest raises concerns

ศาสตร์เกษตรดินปุ๋ย : ขอบคุณแหล่งข้อมูล : หนังสือพิมพ์ The Nation

http://www.nationmultimedia.com/politics/Arrest-raises-concerns-30285491.html

HUMAN RIGHTS

LEGAL ACTION against the mother of a political activist has attracted concerns about the worsening human rights situation in Thailand, with Human Rights Watch yesterday saying the junta “has sunk to a new low”.

The Thai Academic Network for Civil Rights (TANC) also warned yesterday that charging Patnaree Chankij with lese majeste could provoke hatred among the public.

Patnaree, 40, is the mother of anti-coup activist Sirawith Seritiwat.

The TANC directed its warning at the National Council for Peace and Order (NCPO). “The NCPO should be aware that to prosecute an innocent could lead to deep enmity among the public because the lese majeste crime is such a sensitive issue. Those taking the matter incorrectly could develop hostility towards Sirawith and his mother. Some others would be indignant at the NCPO,” the group said in a statement.

“That does not do any good to anyone. Moreover, it contradicts the NCPO’s promises to bring about peace in Thai society,” it said.

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The statement in support of Patnaree asked that she be granted bail tomorrow.

Meanwhile, netizens have launched an online campaign on change.org, calling for Patnaree’s release. So far, it has gained support of at least 5,000 people.

The New York-based Human Rights Watch yesterday condemned the charge against Patnaree, who allegedly failed to criticise or take other action against her son’s friend, Burin Intin, who sent her Facebook messages containing alleged lese majeste comments.

Burin was arrested on April 27 for posting a Facebook commentary that authorities considered offensive to the monarchy.

“The Thai junta has sunk to a new low by charging an activist’s mother under the ‘insulting the monarchy’ law, which has been systematically abused to silence critics,” said Brad Adams, Asia director at Human Rights Watch.

“Prosecuting someone for her vague response to a Facebook message is just the junta’s latest outrageous twist of the lese majeste law,” he said.

“In the name of protecting the monarchy, the junta is tightening a chokehold on free expression and heightening a climate of fear across Thailand,” Adams said. “The arbitrary enforcement of the lese majeste law against an activist’s mother is yet another example of Thailand’s blatant contempt of its human rights obligations.”

Police contended yesterday that Patnaree had exchanged messages defaming the monarchy with another accused, and not just acknowledged the insulting texts with the Thai colloquial “yes”.

Technology Crime Suppression Division (TCSD) superintendent Police Colonel Olarn Sukkasem said at yesterday’s press conference that police could not provide precise details of Patnaree’s actions because it involved the investigation process, which, according to the law, was confidential.

The police clarification came following alleged false news spread since Friday that Patnaree was charged with lese majeste, a crime punishable with up to 15 years in prison, because she had replied to Facebook messages of Burin with the common Thai usage “Ja”.

There was more debate consequently about the interpretation of the Thai word because it does not have a precise meaning and could have various connotations ranging from acknowledgement, acceptance, to sarcasm. Netizens expressed frustration, seeing the charge and worried about the broad interpretation of lese majeste.

Pol Colonel Olarn yesterday dismissed those reports and remarks. He said, “There was more to the text exchanges than just ‘ja’. We found that Patnaree was the one initiating the conversation [involved with insulting the monarchy].”

“The early parts of the conversation showed their opinions about the current politics and it went beyond to cover what could constitute a crime under the lese majeste act,” Olarn added.

Patnaree’s son Sirawith is constantly involved in or has led demonstrations against the National Council for Peace and Order (NCPO) and its government.

Some political critics deemed the move as politically motivated to put pressure on Sirawith, to prevent him from protesting against the current regime.

In response, Olarn clarified that normal legal procedure was being followed. The police had all the evidence and had presented them to the court, which issued the arrest warrant, he said, stressing that no special power was involved and it was not bullying the activist.

He assured that freedoms and rights were not being limited but warned that spreading false news could land one into lawsuits.