Explanation of the National Human Rights Commission of Thailand
Concerning the World Report 2018 of Human Rights Watch
 

            Human Rights Watch (HRW) has issued and disseminated its 28th annual summary report of human rights situation around the world for the year 2018, “World Report 2018”, and another report, “Hidden Chains: Forced Labor and Rights Abuses in Thailand’s Fishing Industry”, which presents human rights situation in Thailand in several areas.
            The National Human Rights Commission of Thailand (NHRCT) has taken these two reports into consideration and found that certain descriptions of human rights situation in Thailand are not correct or fair.  It is therefore necessary for the NHRCT to examine them and provide correct facts about the situation and disseminate them to the general public according to the NHRCT’s authority and responsibilities provided in Section 247 (4) of the Constitution of the Kingdom of Thailand B.E. 2560 (2017) and Section 26 (4) and Section 44 of the National Human Rights Commission Act B.E. 2560 (2017) as follows:
            1. A claim that the National Legislative Assembly’s amendment of laws related to the NHRCT resulted in the NHRCT being weakened, lacked of freedom and turned into just a government’s mouthpiece.
            The NHRCT would like to explain that status of the NHRCT is being an independent organization according to Chapter 12 of the Constitution of the Kingdom of Thailand B.E. 2560 (2017) and adheres to the Paris Principles that define format of any national human rights institution, including its authorities, duties, components and direction of work, where a national human rights institution must be guaranteed its freedom to perform its duties to promote, protect and guard the people’s rights and liberties, making them materialized.  Although Section 247 (4) of the Constitution of the Kingdom of Thailand B.E. 2560 (2017), as written by the State, provides that the NHRCT has a duty and authority to explain and report correct facts without delay when there is a report on human rights situation in Thailand that is not correct or fair, this should not be a duty of a national human rights institution.  However, Section 215 of the Constitution of the Kingdom of Thailand B.E. 2560 (2017) has provision to recognize that any independent organizations formed under the Constitution have independence to perform their duties according to the Constitution and laws provided that actions according to their duties are taken and their authorities are used honestly, fairly, bravely and without any prejudice in discretion.  In addition, while the National Human Rights Commission Act was being written, NHRCT demanded that this problem must be solved, resulting in Section 44 of the National Human Rights Commission Act B.E. 2560 (2017) providing that NHRCT must examine facts related to human rights situation reports before giving explanation or coming up with a report on correct facts about the situation, and disseminate them to the public in general.  The NHRCT therefore must explain or report correct facts that are existing or used to exist in Thailand. It does not protect any agency or organization, or is not a mouthpiece or public relations mechanism of the government, and it does not lack independence or lost its neutrality in its performance of duties.
            2. A claim that the National Legislative Assembly terminated its consideration of a Torture and Enforced Disappearance Prevention and Suppression Bill and the government did not explain whether or not it would resubmit this bill for consideration by the NLA while the Criminal Code did not specify fault base for enforced disappearance.
            The NHRCT took an examination of this claim and found that in fact NHRCT submitted policy recommendations and suggestions concerning improvement of law in case of the Torture and Enforced Disappearance Prevention and Suppression Bill to the Parliament and Council of Ministers in 2015 (Report of Consideration Results No. 293/2558) in various issues, that were specifying demerits for superiors who know and intentionally ignore wrongdoings of their subordinates, clearly specifying roles of state officials in the investigation of cases concerning torture and enforced disappearance, specifying criteria and methods for assisting and remedying victims, clearly specifying definitions of actions or punishments that are cruel, inhumane or depriving dignity, and specifying penalties.  It was also found from examination that concerning the government’s actions related to the Torture and Enforced Disappearance Prevention and Suppression Bill, on 7th March 2017, the Council of Ministers passed a resolution requiring the Ministry of Justice to take the bill into consideration together with other related agencies.  At present, public hearing and assessment of impacts of the law are being carried out according to Section 77 of the Constitution of the Kingdom of Thailand B.E. 2560 (2017).  Even though there has been no specific law in force directly for enforced disappearance and torture to make implementation more effective, domestic laws are being implemented in line with the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).  Thai government also issued Prime Minister Office Order No. 131/2560 dated 23rd May 2017 appointing a committee to manage complaints in cases of torture and enforced disappearance tasked with accepting complaints, checking related facts, providing assistance and remedies and protection of people in cases of torture and enforced disappearance.  Moreover, if enforced disappearance or torture were committed by state officials, provisions in the Criminal Code could be adapted to use for cases of actions with completed elements of related crime because offenders would be guilty within the scope of offence against liberty, dangerous act against body or mind, or offence related to administration of which an official performed his/her duty wrongfully or by fraud, including cases that other persons committed offence with consent of official.  However, the NHRCT very much hope that Thai government would make torture and enforced disappearance a crime by enacting Torture and Enforced Disappearance Prevention and Suppression Act B.E. … as a specific law to be quickly enforced consistently with the third National Human Rights Plan B.E. 2557-2561 (2014-2018) which has a recommendation that torture is to be specified as a crime within 2018.
            3. A claim that military or state officials involved in killing and injuring civilians during political protests in 2010 have not been prosecuted yet and prosecution against offenders during political violence in 2013-2014 has no clear progress. 
            The NHRCT examined this claim and found that the NHRCT had prepared a report for the Council of Ministers, giving results of its examination of facts in cases of political assemblies and protests in 2010 (Report of Examination Results No. 471/2556) with policy recommendations in issues related to uses of special laws, guidelines for promotion and protection of the right to peaceful and unarmed assembly, and investigation to look for offenders whether they were state officials, the congregations or other persons and prosecute them in the justice process, for example.  The NHRCT had also prepared a report for the Council of Ministers, giving results of its examination of facts in cases of political assemblies and protests during 2013-2014 (Report of Examination Results No. 633-652/2558) with policy recommendations similar to the cases of political assemblies and protests in 2010.   A fact is that later military or state officials involved in the killing and injuring of civilians during political protests in 2010 were prosecuted by the National Anti-Corruption Commission (NACC) and by the Department of Special Investigation (DSI).  Leaders of political protester groups during 2013-2014 had also been prosecuted in criminal court.  Outcomes of court trials depend on evidence and discretion of the court.
            4. A claim that the government had not prosecuted officials responsible for illegal killing and torture of victims who were Muslims of Malay race involved in unrest in the Southern border provinces.  In many cases, Thai authorities paid compensation to the victims or families of the victims in exchange of an agreement that officials involved would not be prosecuted.
            The NHRCT recognized the importance of, and had examined facts related to, torture and enforced disappearance in many cases in the Southern border provinces and come up with measures to solve the problem of human rights violation for government agencies involved to take actions, such as to consider checking officials with an authority to invite and control persons which resulted in their injuries according to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Report on Examination Results No. 125/2560 and No. 1030/2560), to consider examining facts and take disciplinary actions according to authority and responsibility against officials and commanding units that did not regulate actions being taken to ensure that they were implemented according to defined laws and rules (Report of Examination Results No. 1088/2560), for example.  As for the claim that Thai authority had paid compensation money to the victims or families of the victims in exchange for an agreement not to prosecute officials involved, a fact was found that cash payments were made to provide assistance and remedy victims and persons affected by unrest in the Southern border provinces according to a resolution of the Council of Ministers that specified rules for assistance, amount of cash payment and responsible agencies.  This payment for assistance also did not disqualify the victims from taking further actions according to the justice process.
            5. A claim that the government did not prosecute persons involved in extrajudicial killings under the government of Prime Minister Thaksin Shinawatra’s narcotic drugs suppression operation.
The NHRCT took an examination of this claim and found that in fact the NHRCT had prepared a report giving results of its examination of extrajudicial killings under the government of Prime Minister Thaksin Shinawatra’s narcotic drugs suppression operation (Report of Examination Results No. 41/2549) together with recommended measures to solve the problem of human rights violation and sent it to the government to appoint officials to conduct investigation to condemn police officers involved.  This report was used to prosecute police officers involved in court.  The court of justice later gave a verdict to punish defendants who were police officers. In addition, the NHRCT used to examine many other similar complaints (Report of Examination Results No. 1058/2558) and had recommendations for the government to give fairness back to victims or relatives of the victims by punishing wrongdoers.  The government later informed the NHRCT that prosecution against persons involved in general or legal proceeding for offences related to taking actions or neglecting to take actions wrongfully or by fraud according to Article 157 of the Criminal Code could be carried out if there was enough evidence.  A case that inquiry officers had summed up and proposed termination of inquiry can be revived according to rules specified by law if any new evidence is found.
6. A claim that government agencies still forced drug users to receive military therapy
The NHRCT took an examination of this claim and found that in fact the Narcotic Drugs Act B.E. 2522 (1979) and the Drug Addicts Rehabilitation Act B.E. 2545 (2002) specified that drug addicts in Thailand could be treated in 3 systems: (1) Voluntary System of which drug addicts voluntarily requested to receive treatment in specified medical facilities, (2) Compulsory System of which drug addicts were arrested and proved that they were patient who needed treatment in a drug addict rehabilitation place, and (3) Correction System of which drug addicts committed offence related to narcotic drug and were detained and needed medical treatment in drug addicts treatment facilities in the penalty system.  Some drug addicts rehabilitation facilities may be in military field.  Methods for rehabilitation are varied, such as community rehabilitation with Intensive New Path Method, Mindful Social Rehabilitation Method and Buddhist Way Method, for example, in case that it is not military rehabilitation.
7. A claim that Thai government had declared human trafficking as a national problem to be urgently solved, but progress of their work to solve human trafficking problem, especially in fishery sector, was limited.
The NHRCT took an examination of this claim and found that in fact Thailand had continuously made progress in solving human trafficking problem in terms of both policy and law.  In 2015, the government declared its intention and policy to make preventing and solving human trafficking problem a National Agenda of Thailand.  In the same year, the NHRCT examined complaints and produced a report about human rights violation against workers in fishing industry with policy recommendations and suggestions about improvement of laws to the government (Report of Examination Results No. 581-583/2558).  The government then assigned Ministry of Labour together with related agencies to take actions to solve the problems in terms of forced labour and human trafficking in fishing industry.  Later in 2016-2017, several laws were enacted to prevent and suppress human trafficking.  Importantly, they were the Prevention and Suppression of Human Trafficking Act (No.2) B.E. 2559 (2016), Prevention and Suppression of Human Trafficking Act (No.3) B.E. 2560 (2017), and Royal Decree on Managing the Work of Aliens B.E. 2560 (2017).  Moreover, the government had continuously issued legislatures that were subordinate to laws on labour protection to solve human trafficking problem, especially in the marine fishery sector, till the present.  Latest, Ministry of Labour issued Ministerial Order on Protection of Labour in Marine Fishery Sector (No.2) B.E. 2561 (2018) dated 31st March 2018 (proclaimed in the Royal Gazette on 2nd April 2018) to amend rules and methods for wage payment to protect labour to receive fair wages, and to require employers who carried out fishing out of Thai water to equip their fishing boats with communication tool or system that could send and receive messages through satellites, so that their boat crew could contact (Thai) state officials and agencies, their husband, wife or relatives all the time, for example.  However, forced labour could still occur on case by case basis.  If there is an established fact that it occurs, the NHRCT shall consider conducting examination to come up with proposed measures or guidelines for preventing and solving human rights violation problems.
 
All these points are explained for acknowledgement in general.
 

                                                The National Human Rights Commission of Thailand
                                                                                    18th April 2018
 

23/04/2018