Outcome of the UN Human Rights Council Universal Periodic Review

16 05 2016

Justice Ministry permanent secretary and junta mouthpiece  Charnchao Chaiyanukit is reported in the Bangkok Post, justifying the junta’s rotten human rights record and its pathetic performace before the UN Human Rights Council’s Universal Periodic Review.

He is reported as saying that Thailand had “accepted 181 out of 249 recommendations, while 68 were noted for further consideration.” He explained that “[s]ome of the recommendations Thailand needs to consider include limits on rights that would affect national security, the lese majeste law, amendments to the Computer Crime Act and the ending of death row and the use of the military court against citizens.” He added that a “meeting will be held between state authorities and cabinet members to put forward the 68 recommendations following which the cabinet will be asked to make comments on each.”

In other words, the junta is going to reject recommendations in all of these areas. Yet a perusal of the 68 recommendations that have effectively been rejected is, in fact, defining of the military junta. We list some of these:

Twelve recommendations relate to the abolition of the death penalty. Thailand has not officially executed anyone since 2009, but the military regime is unlikely to accede to the abolition. Many die in extrajudicial killings by the military and police.

Three recommendations relate to conventions on Genocide, International Criminal Court and Rome Statute. Thailand under a military regime that came to power trampling the bodies of civilian protesters is not about to allow itself to be subject to international scrutiny on these matters.

Four recommendations variously called on the junta to comply with its obligations under the International Covenant on Civil and Political Rights and put an immediate end to the use of arbitrary detention. The Czech Republic and New Zealand makes several recommendations for the end of the practice of forced detention of dissenters in the “re-education camps” and “attitude adjustment” and recommended the government investigate all allegations of torture and ill-treatment associated with such detentions. New Zealand wants all those arrested in such circumstances to “have access to justice and a fair trial…”. The military junta uses arbitrary detention on almost a daily basis so is never going to agree to this recommendation. As all PPT readers know, “re-education” and “attitude adjustment” are critical elements of the junta’s regime and so these recommendations will be ignored.

Canada recommends that the junta “[c]reate an independent body to investigate all torture allegations…”. As torture is a standard operating procedure in the military and police, this recommendation will be rejected.

Two recommendations relate to ILO Conventions that have not been ratified by Thailand. Workers’ rights are not on the junta’s agenda. The military has long repressed labor and considers that the subordinate classes should know their position.

Four recommendations directly address the junta’s restrictions on freedoms and its manipulation of law. Australia recommends the “[r]epeal all orders of the National Council for Peace and Order that are inconsistent with its international human rights obligations.” The USA directs attention to the referendum law and its restrictions. The Netherlands recommends the junta “[r]estore the protection of civil and political rights by ensuring that the Constitution meets Thailand’s international human rights obligations and end the present prosecution of civilians in military courts.” Each of these recommendations restricts the junta’s capacity to act arbitrarily and so will be rejected.

Botswana, Brazil, Finland, Italy and the UK specifically addressed freedom of expression and freedom of assembly and called for all legislation affecting freedom of expression to be “compatible and implemented in line with Thailand’s international obligations…”. This will be rejected, perhaps with pathetic claims about the cultural content of the junta’s repression.

Norway recommended that the junta “[p]ropose concrete dates for visits by the Special Rapporteurs on freedom of opinion and expression, and freedom of association and assembly respectively…”. The junta doesn’t want international scrutiny, so this recommendation will be ditched.

Austria, Belgium, Canada, Costa Rica, Czech Republic, Germany, Greece, Luxembourg, New Zealand, Norway, Paraguay and the USA all called for an end the prosecution of civilians in military courts. Not only did the junta’s representatives lie about this central element of its regime before the Human Rights Council, but the junta has already “explained” that it will continue to put civilian opponents in military courts before unqualified military judges.

Belgium, Canada, Iceland, Latvia, Norway, Spain and the US called for abolition or reform of the lese majeste law. Several of these states and Sweden also demanded the end of or reform to the computer crimes, public assembly, slander and defamation laws. There is no chance that the royalist junta, managing succession, will do anything along such lines.

For those interested in the review’s draft report and lists of recommendations, this is available at the UPR Extranet (https://extranet.ohchr.org/sites/upr/Sessions/25session/Thailand/Pages/default.aspx) logging in [username:  hrc extranet (with space); password: 1session]. We include a PDF of the report A.HRC.WG.6.25.L.13 – After adoption here.


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16 05 2016
Anti-democrats in a flap | Political Prisoners in Thailand

[…] because the Ambassador reiterated that the State Department had expressed concern about the junta’s terrible human rights record and its manufacturing a lese majeste case against Patnaree […]

16 05 2016
Anti-democrats in a flap | Political Prisoners of Thailand

[…] because the Ambassador reiterated that the State Department had expressed concern about the junta’s terrible human rights record and its manufacturing a lese majeste case against Patnaree […]

17 05 2016
Disingenuous, daft or both? | Political Prisoners in Thailand

[…] It gets worse, funnier, sillier. The Bangkok Post reports on Justice Ministry permanent secretary Charnchao Chaiyanukit who had the junta’s tatty reputation to protect at the UN Human Rights Council’s Universal Periodic Review. That Review was the worst Thailand has received in living memory. […]

17 05 2016
Disingenuous, daft or both? | Political Prisoners of Thailand

[…] It gets worse, funnier, sillier. The Bangkok Post reports on Justice Ministry permanent secretary Charnchao Chaiyanukit who had the junta’s tatty reputation to protect at the UN Human Rights Council’s Universal Periodic Review. That Review was the worst Thailand has received in living memory. […]