Statement of the National Human Rights Commission of Thailand (NHRCT)
On the freedom of expression of children in good faith

          According to the news, the ninth grade student had participated in the realization-loving home project in the youth camp and presented her report on the TV program called “the detective of the river Huey” which described the impact on the environment and community on behalf of a citizen journalist and was broadcasted on Thai Public Broadcasting Station (TPBS). This report is the reason for Thungkum Company, a gold mining enterprise which has the concession to mine gold in the land reform area in Wangsaphung district, Loei province, to bring the child into the criminal proceedings for the offence of the defamation.

          The NHRCT, with the responsibility to promote, protect, and respect human rights, is extremely concerned about the criminal prosecution against children which is caused by the exercise of the freedom to express opinions. If it generally appears that the expression openly with a clear conscience and a sense of social responsibility to protect her community as a citizen, especially children’s concerns in environmental impact and resources in their community, it is a good sign and should be encouraged. However, the access to information of the children may not be sufficient to cover aspects of every dimension of reporting the news together with the limitations of their ages and educational backgrounds of conduct. In order to create the Thai society to be the “Rights Respecting Society”, the comments of NHRCT are as follows:

          1. The responsible organization and agency have to create awareness and a better understanding among society in the exercise of rights to participate and have the freedom to express their opinions.

          2. Children must be protected according to the Constitution, Child Protection Act B.E. 2546 (2003) and the Convention on the Rights of the Child (CRC) which Thailand is a state party. A significant and guaranteeing that "State parties should ensure that the children can have their own opinion, they have the right to express their views. Children's opinions will be considered according to the age and maturity of the child.”  "The child has the right to have the freedom of expression on matters affecting the child,”  "Children have the right to have the freedom of expression. This will include the freedom to seek, receive or convey information and ideas without being limited by the boundaries, despite the constraints on the exercise of certain rights.

          3. The government agencies and the private sector have to work with the guiding principles for human rights according to the framework of the United Nations in protection, respect and remedies in order to determine business organizations for making their policy and process to be appropriate to the size and the environment of their particular organizations. It, thus, should be the guidelines of the implementation according to the business sector's responsibility to respect human rights principles.

          4. Thungkum Company should review the criminal proceedings to the child for the best interests of the child. The NHRCT urges that the criminal prosecution to the child will not contribute any benefits to society but will affect the innocence expression of the child instead. It also affects the education and development of the child, especially mental health effect. Therefore, all parties should together find a solution under the consideration of the best interests of the child.

          In addition, the NHRCT would like to inform that if anyone who encounters the violation of human rights please contact the Helpline 1377 for the examination of the facts by the NHRCT. This will lead to a peaceful society with equality and respect for human rights.

National Human Rights Commission
December 23, 2015
 

23/12/2015