FOR IMMEDIATE RELEASE
July 20, 2006
AS-170-2006
A Statement by the Asian Human Rights Commission
THAILAND: UN charge that killings “official policy” cannot be ignored
On July 18 a senior UN human rights expert made an extraordinarily powerful and precise statement about life under the gun for the population of southern Thailand. While the government extended the emergency regulations there for the fourth time, the Special Rapporteur on extrajudicial, summary or arbitrary executions, Professor Philip Alston, said that, “The emergency decree makes it possible for soldiers and police officers to get away with murder.” He went on to say that, “Impunity for violence committed by the security forces has been an ongoing problem in Thailand, but the emergency decree has gone even further and makes impunity look like the official policy.” He demanded that the government “abide by its commitment to follow human rights law” and condemned it for failing to respond to earlier calls from both himself and other parts of the UN that it must bring the emergency laws into line with international standards. He also again requested, for at least the fourth time, to be allowed to visit Thailand.
The Asian Human Rights Commission (AHRC) strongly endorses Professor Alston’s statement, and strongly supports his observations and work on Thailand. In fact, the AHRC has in the past been criticised for making similar statements, which some quarters have interpreted as “excessive” or “exaggerated”. Now we find that they are being made by a senior UN official and a leader in the field of international human rights. UN experts issue such statements infrequently. This in itself speaks to the concern that the international community now has for what is going on in Thailand. That the statement goes so directly to the fact that state officers in Thailand are murdering people with impunity is exceptional and demands immediate attention.?
The AHRC has said repeatedly that killings, abductions, torture and other horrors are not random acts: they are the result of policy. Where a government chooses to institute policies that initiate or encourage these practices, they continue. Where a government chooses to end these policies, they stop. This is a political choice. Sometimes the policies are tacit, sometimes they are explicit. In either case, the consequences are disastrous. The special rapporteur has recognised the same in pointing directly to the responsibility of Thailand’s leadership to do something about these killings. The killings are not outside of its control; they are as a result of its control.
Whereas the authorities in Thailand may ignore such comments when coming from independent human rights organisations, they cannot afford to do the same when they are coming from this UN expert. As a civilised state and participant in the global community, Thailand has bound itself to the principles of international law, and in particular those contained in the International Covenant on Civil and Political Rights. The special rapporteur’s statement refers explicitly to this treaty. It notes that under the covenant the government of Thailand can only introduce security measures that do not threaten the right to life. The UN Human Rights Committee, Professor Alston adds, has made a series of recommendations to the government of Thailand that it amend laws, criminal procedures and institutions to protect the right to life. But the government has so far disregarded the committee’s comments, as it has those of its own National Reconciliation Commission and other bodies established ostensibly to suggest ways to improve human rights there.
The government has also rudely neglected repeated polite requests of the special rapporteur to visit Thailand. As the AHRC has pointed out on a number of occasions, the purpose of a visit would not be to find fault with the authorities, but to investigate and identify problems with a view to making suggestions on how to improve laws and institutions to save lives. However, the government has either deliberately snubbed the requests or given meaningless excuses, or said nothing. As Professor Alston pointed out in his annual report from last year, which identified Thailand as among key countries of concern over extrajudicial killings, when he is unable to visit a country his work is defeated. This is clearly the intention of the government of Thailand. Sadly, it is to the detriment of none other than its own people.
The government of Thailand says over and over that it is keen to cooperate with international human rights bodies and experts. But the words do not match reality. In fact, the government has shown enthusiasm only to avoid responsibility for meeting its international obligations and has spent most of its energy on trying to evade people such as the special rapporteur who may be able to do a great deal to improve human rights conditions in Thailand if given the opportunity.
The Asian Human Rights Commission wholeheartedly joins the calls of the Special Rapporteur on extrajudicial killings. It also unequivocally states that until the government of Thailand complies with its international obligations and allows him to visit the country it should not be considered for a seat on the UN Human Rights Council in 2007. Furthermore, its candidate for the post of UN Secretary General, currently a deputy prime minister, should be rejected by all countries with a genuine concern for human rights. The notion that either of these posts can be legitimately filled by nominees from Thailand is ridiculous and offensive given that the government of Thailand is blatantly violating international laws which it has joined voluntarily, and ignoring the behests of UN human rights officials and bodies that have been made in the best interests of people in Thailand.
The AHRC calls for widespread public attention and discussion in Thailand about the comments of the special rapporteur, which are of importance not only to the deeply suffering people in the south but also to the entire country. The National Human Rights Commission of Thailand must make the policy of impunity for killer police and soldiers its top concern. The Lawyers Council of Thailand should take a strong leadership role in raising public debate. And journalists and other concerned professional groups and individuals should pay special attention to the profound remarks from this UN expert in order that Thailand’s international reputation is not further eroded because lives continue to be senselessly lost.?
