Dear friends,
The Asian Human Rights Commission (AHRC) writes to inform you of the Thai governments decision to submit the Emergency Decree on Public Administration in Emergency Situation, B.E. 2548? to replace the existing martial law and grant Prime Minister Thaksin Shinawatra absolute power to declare a state of emergency. Upon its signing by His Majesty the King of Thailand, the decree came into force on 16 July 2005. (To view the AHRCs previous statement on martial law in the south of Thailand please see AS-57-2004).
The AHRC is deeply concerned by this measure. We consider the decree a dangerous and authoritarian piece of legislation which will not improve the conflict in the south and which affords far too great a power to the prime minister. It also guarantees complete impunity to all state officials and provides security forces a whole range of increased powers, including detaining persons without arrest for prolonged periods.
In light of this, we ask that you write to the prime minister immediately to voice your concern about this decree. Please ask him to withdraw the decree without delay and to find an alternative, more appropriate and more peaceful way of solving conflict in the countrys south.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:
The south of Thailand has seen increased hostility, conflict and violence over the past 18 months. Daily killings by militant groups and state security forces are now widespread with over 800 casualties ?killed and wounded – in the past six months.
While action is required to address this situation, Prime Minister Thaksins move to enforce an executive decree on the south has met with much criticism. The prime ministers actions in implementing the decree and his failure to consult with his cabinet about taking such measures have people deeply concerned over the enormous power he now wields. This power, and the evident harsh measures the prime minister is wanting to take in dealing with the southern insurgency, spells dangerous times ahead for the already volatile situation in the south.
Though the Thai cabinet has since met and taken the decision to omit section 9 and parts of section 11 of the decree, which would have given the prime minister executive powers which could easily be abused under the pretext of national security, from its application in the south, the remaining articles still grant considerable powers to the prime minister, his cabinet and the countrys security forces. One such power is the complete impunity guaranteed to all state officials involved in the state of emergency in the south (section 17). Another is that persons can now be detained for long periods at a time without arrest (section 12). Both of these heighten the possibility of torture of suspects about which the AHRC has reported extensively with relevance to Thailand.
Such powers, and the possibility of them being abused, demonstrate the decrees potential for jeopardising civil rights and liberties. Furthermore, although the decree has been implemented in only three southern provinces, it can be extended to other parts of the country where the prime minister sees fit and therefore civil rights and liberties across all of Thailand may be exposed.
Though the situation in the south requires immediate attention, the increasing violence there does not justify this decree. Moreover, past experience reveals that the increased use of force only makes matters worse. A more appropriate and peaceful means of action is required to solve conflict in the south of Thailand.?
To view media reports from Thailand about the decree, please read the following:
Insecure PM wields draconian powers
Emergency Decree: PM takes absolute power
Crisis in the south: PM opts for measured start
Democrats seek judicial review of govt decree
Emergency Decrees: Anand slams govt as editors up in arms
SUGGESTED ACTION:
Please write to Prime Minister Thaksin Shinawatra to express your concern about the implementation of the decree and call for its withdrawal.
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To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear Dr Thaksin
THAILAND: Executive decree will not solve conflict in Thailands south
I write to voice my deep concern about your decision to issue the Emergency Decree on Public Administration in Emergency Situation, B.E. 2548 in three provinces in the south of Thailand. This decree goes beyond the powers of the Prime Minister. Discussion and cross-checks by a governments cabinet help ensure democratic process are met in a democracy. Your decision to bypass your cabinet and take full control of the rising conflict in the south is a direct violation of these processes.
Particular elements of the decree also raise many concerns. Specifically, Section 17, which guarantees complete impunity to all state officials, is a dangerous measure and one that may see many state officials exploit their power and control. Section 12, which allows for increased powers to security forces, such as the ability to detain persons without arrest for prolonged periods, also leaves room for abuse.
I am aware that the UN Human Rights Committee has also expressed their concern regarding this decree, particularly in regards to article 4 of the International Covenant on Civil and Political Rights. Article 4 stipulates that in time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin? In its recent concluding observations on Thailand at its eighty-fourth session, the Committee wrote that the decree does not explicitly specify, or place sufficient limits, on the derogations from the rights protected by the Covenant that may be made in emergencies and does not guarantee full implementation of article 4 of the Covenant. [The Committee] is especially concerned that the Decree provides for officials enforcing the state of emergency to be relieved of legal and disciplinary actions, thus exacerbating the problem of impunity. Any detention without external safeguards beyond 48 hours should be prohibited.?[CCPR/CO/84/THA] The Committee has recommended that the State party should ensure that all the requirements of article 4 of the Covenant are complied with in its law and practice, including the prohibition of derogation from the rights listed in its paragraph 2.?The report also stated that State party should provide information, within one year, on its response to the Committees recommendations regarding this.
I do not suggest that the growing conflict in Thailands south does not need immediate attention. But the measures you have taken and the powers you have afforded to yourself and your state security may simply worsen the matter and bring greater violence to the area.
I therefore urge you to withdraw the decree immediately and ensure that state officials are not granted impunity for any violations of law they commit. The escalating violence in the south requires an appropriate and more peaceful approach than the one you are now proposing.
I trust that you will take my request into consideration.
Yours sincerely,
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PLEASE SEND A LETTER TO:
Dr Thaksin Shinawatra
Prime Minister
Government House
Pissanulok Road, Dusit
Bangkok 10300
THAILAND
Tel: +662 280 1404/ 3000
Fax: +66 2 282 8631/ 280 1589/ 629 8213
Email: thaksin@thaigov.go.th, govspkman@mozart.inet.co.th
SEND COPIES TO:
1. Dr Bhokin Bhalakula
Minister of Interior
Office of the Ministry of Interior
Atsadang Road
Bangkok 10200
THAILAND
Tel: +662 224 6320/ 6341
Fax: +662 226 4371/ 222 8866
Email: webteam@moi.go.th
2. Mr Suwat Liptapanlop
Minister of Justice
Office of the Ministry of Justice
Ministry of Justice Building
22nd Floor
Chaeng Wattana Road
Pakkred, Nonthaburi
Bangkok 11120
THAILAND
Tel: +662 2 502 6776/ 8223
Fax: +662 502 6699/ 6734 / 6884
3. General Sampan Bunyanan
Minister of Defense
Ministry of Defense
Sanamchai Road, Pranakorn district
Bangkok 10200
Tel: +662 226 3114-6
Fax: +662 226 3214
Email: secretary@mod.go.th
4. Professor Saneh Chamarik
Chairperson
National Human Rights Commission of Thailand
422 Phya Thai Road
Pathurn Wan District
Bangkok 10300
THAILAND
Fax: +66 2 219 2940
Email: commission@nhrc.or.th
5. Mr Anand Panyarachun
Chairman
National Reconciliation Commission
Research Center for Peace Building
Mahidol University
999 Office of President,
Phuttamonthon 4 Rd.
Salaya, Nakorn-Pathom 73170
THAILAND
Tel: +66-2-849-6365-6?
Fax +66-2-849-6365
Email: anand@nrc.or.th or info@nrc.or.th
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
