Jan 3, 2019 | Advocacy, News, Non-legal submissions
On 30 December 2018, the ICJ and the International Service for Human Rights (ISHR) jointly submitted a communication to the Committee on the Elimination of Discrimination against Women (CEDAW Committee) directed against Thailand.
They did this as a State Party to the Optional Protocol to the UN Convention on the Elimination of All Forms of Discrimination against Women (the CEDAW Convention) on behalf and with the consent of Angkhana Neelapaijit, regarding the alleged enforced disappearance of her husband, Somchai Neelapaijit.
Somchai Neelapaijit, a prominent lawyer and human rights defender, disappeared after being stopped on a road in Bangkok on 12 March 2004 and pulled from his car by a group of men. He has not been seen since. More than 14 years after his alleged enforced disappearance, Somchai’s fate and whereabouts remain unknown.
Prior to his disappearance, Somchai had been defending clients from Thailand’s southern border provinces and had been doing extensive work to advocate for the rights of persons accused of terrorism, and to highlight the treatment of Malay-Muslims in the region.
The joint communication by ICJ and ISHR to the CEDAW Committee submits that Thailand has breached Articles 2(b)(c)(f), 5(a)(b), 15(1) and 16(1)(c)(d) of the CEDAW Convention, which relate to the rights of women to substantive equality and protection from all forms of discrimination, including in all matters relating to marriage and family relations, as well as to their right to an effective remedy for violations of the abovementioned provisions.
The communication further highlights the impact of enforced disappearance on family members of a disappeared person, noting its disproportionate impact on wives and female relatives, as most cases of enforced disappearance in Thailand involve male victims.
In addition to the CEDAW Convention and its Optional Protocol, Thailand is a party to a number of other international human rights instruments, including the International Covenant on Civil and Political Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In January 2012, Thailand also signed the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED), thereby committing itself to refrain from acts that would defeat the object and purpose of that treaty, namely the prevention and prohibition of the crime of enforced disappearance.
The ICJ has consistently called upon the Thai authorities to comply with their obligations under international human rights law to independently, impartially and effectively investigate the case of Somchai Neelapaijit and all other reported cases of enforced disappearance, and provide the families of the victims in such cases with access to effective remedies and reparations, including regular updates on the status of the investigations.
The ICJ has also submitted recommendations to the Thai authorities on the current Draft Prevention and Suppression of Torture and Enforced Disappearances Act, highlighting the crucial need for a domestic law to define and criminalize enforced disappearance and torture in line with Thailand’s international obligations.
Thailand-Communication to CEDAW-Advocacy-2019-ENG (full submission, in PDF)
Contact
Livio Zilli, ICJ Senior Legal Adviser & UN Representative, email: livio.zilli(a)icj.org
Read also
Thailand: ICJ submits recommendations on draft law on torture and enforced disappearance amendments
Thailand: ICJ marks 14th year anniversary of the enforced disappearance of Somchai Neelapaijit’
Thailand: ICJ, Amnesty advise changes to proposed legislation on torture and enforced disappearances
Thailand: pass legislation criminalizing enforced disappearance, torture without further delay
On the 10th anniversary of Somchai Neelapaijit’s alleged disappearance, the ICJ released a report ‘Ten Years Without Truth: Somchai Neelapaijit and Enforced Disappearances in Thailand’ documenting the legal history of the case.
Dec 28, 2018 | Multimedia items, News, Video clips
During a week of training and practical experience of UN human rights mechanisms in Geneva, women lawyers spoke of the ways in which civil society actors can use these mechanisms to strengthen advocacy efforts.
As part of a project supported by the German Mission to the United Nations in Geneva the ICJ invited two groups of women lawyers to Geneva to attend training workshops that took place during the course of the June and September ordinary sessions of the UN Human Rights Council.
Participants spoke about their experiences with the interplay between UN mechanisms and domestic changes.
Lebanese lawyer Nina Abdallah noted the limitations of these mechanisms when States do not accept mechanisms that allow for individual complaint. As Lebanon has not yet become party to the Optional Protocol of the CEDAW Convention this means that individuals cannot access the CEDAW Committee to seek a remedy for violations and against that State’s failure to meet obligations under the Convention.
However, she explained that although this limits the accessibility of certain mechanisms, civil society can still play an important role in raising rights issues, calling for removal of reservations and acceptance of complaint procedures for specific Conventions through other mechanisms, such as the Universal Periodic Review reporting process.
Maria Sol Taule, a lawyer from the Philippines working for human rights NGO Karapatan, noted that it is difficult for UN mechanisms to address individual cases when there are so many issues to deal with. However, she said that these mechanisms do still serve as an “effective tool to use as a platform to drumbeat our issues that haven’t been heard by our respective governments.”
Civil society participation in the Human Rights Council, State reporting processes for Committees and the UPR provide an occasion to highlight the human rights difficulties faced within specific countries. Ms Taule said this kind of engagement also offers the opportunity to enhance international solidarity with other organizations from other countries that are dealing with similar rights issues.
Dec 18, 2018 | Multimedia items, News, Video clips
Lawyers from a diverse range of countries, including Egypt, Lebanon, Nepal, the Philippines, Tunisia and Uzbekistan have identified the many barriers that women typically face in accessing justice in their countries.
Common trends and practices identified included socio-economic marginalization, gender stereotypes and patriarchal attitudes.
The observations came during two training workshops held in Geneva in June and September to coincide with sessions of the UN Human Right Council and UN Committee on the Elimination of Discrimination against Women. The workshops were part of a project on enhancing women’s access to justice through UN human rights mechanisms, supported by the Permanent Mission of the Federal Republic of Germany to the UN in Geneva.
A lawyer from Uzbekistan noted that domestic violence flourishes in states where common attitudes hold that this is an internal matter to be resolved within families.
A particular concern raised in respect of Lebanon was discrimination linked to transference of nationality, where Lebanese women married to a foreigner cannot pass their nationality to their children but Lebanese men married to a foreigner can.
Meera Maharjan, lawyer from Nepal, noted the cultural, educational and economic barriers that impede women from being able to take on decision-making roles and the impact this has on the exercise of their rights.
Malaysian lawyer Yvonne Lim explained that the women who are often in need of access to justice tend to be from the lower rungs of the socio-economic strata and lack the resources, support and basic awareness about their human rights and the remedies that may be available to them.
During the September training session the ICJ organized a side event to the 39th session of the Human Rights Council on ‘applying a women-centred approach to access to justice’ to further explore these issues.
Secretary-General Saman Zia-Zarifi moderated the event and panelists included:
• ICJ Commissioner Justice Sanji Monageng, former Vice-President of the International Criminal Court
• Lisa Gormley, Research Officer for the Centre for Women, Peace and Security at the London School of Economics
• Meera Maharjan, Nepalese lawyer and legal officer for Resilience for Sustainable Women Empowerment (RISE)
You can watch a recording of the event, and interviews with two of the workshop participants below.
https://www.facebook.com/ridhglobal/videos/565112000574216/UzpfSTQ3MTQ2NzA4NjIyMTM3MzoyMjEyNTUzNjc1NDQ2MDMw/
Dec 14, 2018 | News
Today, on the sixth anniversary of the disappearance of Lao civil society leader Sombath Somphone, the ICJ joined 106 organizations and 37 individuals in a joint statement calling for an independent, impartial and effective investigation to reveal his fate and whereabouts.
The statement read as follows:
14 December 2018: On the eve of the sixth anniversary of the enforced disappearance of Lao civil society leader Sombath Somphone, we, the undersigned organizations, reiterate our calls for the Lao government to conduct an independent, impartial and effective investigation to reveal his fate and whereabouts.
Sombath was last seen at a police checkpoint on a busy street of the Lao capital, Vientiane, on the evening of 15 December 2012.
Footage from a CCTV camera showed that Sombath’s vehicle was stopped at the police checkpoint and, within minutes, individuals forced him into another vehicle and drove him away in the presence of police officers. CCTV footage also showed an unknown individual driving Sombath’s vehicle away from the city center.
The fact that police officers were present at and witnessed Sombath’s abduction and failed to intervene strongly indicates state agents’ involvement in, or acquiescence to, human rights violations committed against Sombath, which include the crime of enforced disappearance.
Later that evening, witnesses reportedly saw Sombath at a police holding facility in Vientiane yet to date officials have provided no information about what he was doing there and subsequently what happened to him.
For the last six years, the Lao government has failed to provide any credible answers with regard to the disappearance of Sombath Somphone.
In its most recent pronouncements, made during the review of Laos’ initial report by the Human Rights Committee (CCPR) in July 2018, the Lao government said it had been “trying very hard” to investigate Sombath’s fate and whereabouts.
However, this statement has been contradicted by the government’s refusal to accept international assistance in conducting the investigation and to provide any details about the progress of its investigation.
Lao authorities have failed to disclose any new findings from their investigation of Sombath’s case to the public since 8 June 2013 and have met with his wife, Shui Meng Ng, only twice since January 2013.
Despite the government’s recent claim that police had the “capacity and techniques” to reveal Sombath’s fate and whereabouts, we remain extremely concerned by the lack of progress in the investigation by Lao authorities into his case and reiterate our call for Vientiane to allow international assistance towards conducting an independent, impartial and thorough investigation according to international law and standards.
The Lao authorities have international legal obligations to conduct such investigations and to bring persons responsible for serious violations to justice under treaties to which they are party, including the International Covenant on Civil and Political Rights and the Convention against Torture.
We also urge the Lao government to ratify the International Convention for the Protection of All Persons from Enforced Disappearance, which Laos signed in September 2008, to incorporate the Convention’s provisions into the country’s domestic legislation, and implement it in practice.
Until Sombath Somphone’s fate and whereabouts are revealed, we will not stop demanding that Sombath be safely returned to his family and we will continue to ask the Lao government: “Where is Sombath?”
Laos-SombathSomphoneDisappearance-Advocacy-JointStatement-ENG-2018 (full statement, including list of signatories, PDF in English)
Dec 13, 2018 | Advocacy, News, Non-legal submissions
The ICJ and Thai Lawyers for Human Rights (TLHR) welcome the decision of Prime Minister Gen. Prayut Chan-o-cha, acting as the Head of the National Council for Peace and Order (NCPO), to lift certain restrictions on political activities.
The organizations highlight, however, that much more is needed to fully reinstate protection of human rights and fundamental freedoms in Thailand ahead of elections scheduled to be held on 24 February 2019.
This order repealed Article 12 of HNCPO Order No. 3/2558, which prohibited the gathering of five or more persons for a “political purpose”, lifting a ban which had carried a punishment of imprisonment not exceeding six months and/or a fine not exceeding 10,000 Baht.
“The lifting of the ban on political gatherings is welcome – however, the new order only lifts one specific restriction imposed by HNCPO Order 3. Restrictions on fundamental freedoms imposed by other articles of HNCPO Order 3, such as the granting of broad, unchecked powers to military officers to investigate, arrest and detain persons for up to seven days, remain in force,” said Kingsley Abbott, ICJ’s Senior International Legal Adviser.
“We reiterate our call for the Thai government to immediately amend and repeal all laws, HNCPO Orders, NCPO orders and announcements inconsistent with Thailand’s international human rights obligations.”
ICJ and TLHR also express serious concern that even as nine orders and announcements have been repealed by HNCPO Order No. 22/2561, Article 2 of the order clarifies that “prosecutions, actions or operations” already in effect by virtue of those orders will not be affected by the coming into force of the Order.
Cases brought before 11 December 2018 under HNCPO Order No. 3/2558 to penalize persons exercising their rights to free expression, assembly and association can therefore legally continue to be prosecuted in courts.
“Cases brought under the now-repealed section of HNCPO Order 3 should be dropped or withdrawn. They should have never been brought before the courts in the first place,” said Abbott.
“In the lead up to elections next year, the Thai government must take further steps to expand space for free expression, assembly and association. This new order is welcome, but it is certainly not enough.”
Further information is available in the full statement below
Thailand-Lifting political ban-Advocacy-Joint Statement-2018-ENG (full statement in English, PDF)
Thailand-Lifting Political Ban-Advocacy-Joint Statement-2018-THA (full statement in Thai, PDF)
See also
ICJ, ‘Thailand: Lift ban on political gatherings and fully reinstate all fundamental freedoms in Thailand’, 1 October 2018
Further reading
ICJ, TLHR and Cross-Cultural Foundation (CrCF), Joint Follow-up Submission to UN Human Rights Committee, 27 March 2018
ICJ and TLHR, Joint submission to the UN Human Rights Committee, 13 February 2017
Contact
Kingsley Abbott, ICJ Senior Legal Adviser, email: kingsley.abbott(a)icj.org
Dec 12, 2018 | Events, News
On 12 December 2018, the ICJ co-organized a panel discussion at Bangkok Art and Culture Center (BACC) in Thailand marking the 6th anniversary of the evident enforced disappearance of prominent Lao civil society leader Sombath Somphone.
The panel discussion was co-organized with the International Federation for Human Rights (FIDH), ASEAN Parliamentarians for Human Rights (APHR) and Forum Asia.
On 15 December 2012, Closed Circuit Television (CCTV) footage taken by police cameras near a police checkpoint in Vientiane, Lao PDR, appeared to show that Sombath Somphone was abducted at the checkpoint by, or with the consent or acquiescence of, agents of the State. He has not been seen since.
Six years after his abduction, Laotian authorities have repeatedly failed to provide meaningful information as to his fate or whereabouts, or conduct an independent, impartial and effective investigation towards determining his fate. The last police report on his case was issued on 8 June 2013.
In light of the 6th anniversary, the panel discussion considered what further steps could be taken to continue advocacy on his case and spoke about regional implications and responses.
The panelists were:
- Ng Shui-Meng, Wife of Sombath Somphone;
- Edmund Bon, Lawyer, Malaysia’s Representative to the ASEAN Intergovernmental Commission on Human Rights;
- Premrudee Daoroung, Project SEVANA’s South-East Asia Coordinator;
- Charles Santiago, Malaysian Member of Parliament.
The panel was moderated by the Andrea Giorgetta from the International Federation for Human Rights (FIDH).
