Aug 23, 2018 | News
On 22 August, the ICJ co-organized a preparatory discussion in Bangkok for civil society organizations on Thailand’s National Action Plan on Business and Human Rights (NAP).
This event was organized one day in preparation for a formal NGO consultation event on the NAP held today.
The formal NGO consultation event was organized by the National Human Rights Commission of Thailand (NHRCT) to consider the draft NAP released by Thailand’s Ministry of Justice’s Rights and Liberties Protection Department (RLPD) in August 2018.
The ICJ hosted the preparatory discussion jointly with Community Resource Centre Foundation (CRC), Amnesty International Thailand (AI Thailand), Protection International (PI), Fortify Rights and the United Nations’ Office of the High Commissioner for Human Rights (OHCHR).
Thirty members of civil society organizations from all across Thailand attended the preparatory discussion.
Of these participants, four persons from the North of Thailand were supported by the ICJ to attend the discussion, including Ms. Arisara Lekkam, Lecturer of Law at Mae Fah Luang University in Chiang Rai, who was also a speaker at the event.
The event began with a presentation about the NAP and business and human rights issues in Thailand, during which Arisara Lekkam provided an overview of the business and human rights situation in Thailand.
Following the presentation, participants divided into groups to discuss four prioritized areas covered by the NAP: Labour, Land and Natural Resources, Human Rights Defenders and Cross-Border Investment.
At the end of the discussion, each group presented a set of recommendations on the draft NAP pertaining to each prioritized area. These recommendations will be provided to the Ministry of Justice’s RLPD.
This is the third event the ICJ has held on business and human rights in collaboration with partners from the North of Thailand.
On 22 November 2017, the ICJ, in collaboration with Chiang Mai University’s Faculty of Law, held a roundtable discussion on human rights litigation concerning special economic zones in Myanmar and Thailand.
Between 29 and 31 July 2017, the ICJ, in collaboration with Chiang Mai University’s Faculty of Law, held a workshop on ‘Introduction to Business and Human Rights & Basic Principles on Documenting Human Rights Violations” for 25 academics, NGO representatives and lawyers in Chiang Mai.
Background
During the second Universal Periodic Review of Thailand in May 2016, the Royal Thai Government accepted a recommendation to develop, enact and implement a national action plan on business and human rights in order to implement the UN Guiding Principles on Business and Human Rights.
In August 2018, Thailand’s Ministry of Justice’s RLPD, which is currently leading the development of the NAP, released a revised ‘zero draft’ of the NAP.
In line with the release of the revised ‘zero draft’, the NHRCT led the organization of a formal NGO consultation event on 23 August 2018, jointly with Thailand’s Ministry of Justice, Thailand’s Ministry of Foreign Affairs, United Nations Development Programme (UNDP) and OHCHR.
The Royal Thai Government reportedly plans to launch the NAP in September 2018.
Jul 26, 2018 | News
From 24 to 26 July 2018, the ICJ co-hosted a workshop for authorities from Thailand, Cambodia, and Myanmar.
The theme of the workshop was on conducting investigations of potentially unlawful deaths and enforced disappearance in accordance with international human rights law and standards.
The workshop was co-hosted with Thailand’s Ministry of Justice, the United Nations Office of the High Commissioner for Human Rights (OHCHR) and the New Zealand Embassy in Bangkok.
The participants included 25 criminal investigators, public prosecutors and representatives of the Cambodian Ministry of Justice and the Thai Ministry of Justice.
The event commenced with opening remarks by James Andersen, Deputy Head of Mission, Embassy of New Zealand in Bangkok; Aim-orn Siangyai, Deputy Director General of Thailand’s Rights and Liberties Protection Department, Ministry of Justice; Frederick Rawski, Asia Pacific Regional Director, ICJ; and Shivani Verma, Human Rights Officer, OHCHR Regional Office for South-East Asia.
Kingsley Abbott, Senior Legal Adviser at the ICJ, gave a summary of the international human rights legal framework that applies to the investigation of unlawful deaths and enforced disappearance.
He then provided an outline of the revised Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016), which was launched in Thailand on 25 May 2017 and which formed the core of the materials used at the workshop.
Other speakers included Glenn Williams, Detective Inspector, Field Crime Manager, New Zealand Police National Headquarters, who addressed the investigation process including crime scene management; Sean Buckley, International Investigator, who addressed witness interviews; Shivani Verma of the Office of the High Commissioner for Human Rights who addressed Witness Protection; and Dr. Pornthip Rojanasunan, Adviser of Thailand’s Central Institute of Forensic Science (CIFS), who addressed the issue of forensic pathology.
This workshop followed three workshops the ICJ co-hosted between 5 to 8 December 2017 and 30 May to 1 June 2018 in Thailand on the investigation of potentially unlawful deaths and enforced disappearance for lawyers from Thailand and India, academics and State authorities from Thailand, Cambodia, Myanmar and Nepal.
Contact
Kingsley Abbott, Senior International Legal Adviser, ICJ Asia Pacific Regional Office, t: +66 94 470 1345, e: kingsley.abbott(a)icj.org
Jul 24, 2018 | Advocacy, Open letters
The ICJ has submitted recommendations to Thailand’s Criminal Justice Reform Committee concerning the Draft Amending Criminal Procedure Code Act and the Draft Act On Judicial Process Timeframe, which were scheduled for public consultation today.
The ICJ welcomed the Criminal Justice Reform Committee’s efforts to enhance the effectiveness and fairness of the criminal justice system in Thailand, through proposed amendments to Thailand’s Criminal Procedure Code B.E. 2551 (2008) and the Judicial Process Timeframe Act.
The ICJ noted, however, that modifications would be necessary to some of these amendments to ensure they optimally served the ends of justice and were in conformity with international standards.
In particular, the ICJ commended the Committee’s inclusion within the Draft Amending Criminal Procedure Code Act of the following provisions and made recommendations as to how these provisions could be further strengthened:
- Section 13/1. Video and audio recordings of arrests and/or searches
- Section 13/2. Prohibitions against violation of the presumption of innocence
- Sections 121/2, 123 and 124/2. Lodging of criminal complaint with the public prosecutor, at any location and through email or other online medium
- Section 136. Video and audio recordings of inquiry or interrogation
- Section 161/1. Right of the court to dismiss a case where it is filed in bad faith or with misrepresentation of facts in order to harass or take advantage of a defendant
- Section 165/1. Allowing the defendant to submit a defence plea and produce supporting evidence in court
- Section 179/1. Trial in absentia
Contact
Kingsley Abbott, ICJ Senior Legal Adviser, e: kingsley.abbott(a)icj.org
Full letter in English (PDF): Thailand-CPC-Amendments-Advocacy-Open-letters-2018-ENG
Full letter in Thai (PDF): Thailand-CPC-Amendments-Advocacy-Open-letters-2018-THA.pdf
Jul 15, 2018 | News
On 14 July 2018, the ICJ co-organized a discussion on extrajudicial killings in Thailand, focusing on the cases of Chaiyaphum Pasae and Abe Saemu.
The discussion was held at the Student Christian Centre in Bangkok.
Chaiyaphum Pasae, a Lahu youth activist, was killed by a military officer in the Chiang Dao district of Thailand’s northern Chiang Mai province in March 2017. The killing took place during an attempt to arrest him as an alleged drug suspect. Officials claimed Chaiyaphum Pasae had resisted arrest and was subsequently shot in “an act of self-defence”.
Abe Saemu, from the Lisu hill tribe, was killed by a military officer in February 2017 in the Chiang Dao district of Chiang Mai province in an attempt to arrest him on allegations of drug coffences. Officials claimed Abe Saemu had resisted arrest and was killed in “self-defence”.
During the discussion, ICJ’s National Legal Adviser Sanhawan Srisod addressed the audience to set out the international law and standards that apply to investigating potentially unlawful deaths, including the rights of victims and family members, referring to the standards set out in the revised Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016), which was launched in Thailand on 25 May 2017.
Participants in the event included members of the families of Chaiyaphum Pasae and Abe Saemu, the lawyers in both of their cases, interested members of the public, media representatives, students and academics.
The discussion opened with an art exhibition and Lahu dance show by the Save Lahu group. Human Rights Commissioner Angkhana Neelapaijit then made a presentation on challenges in seeking accountability for extrajudicial killings in Thailand.
A panel discussion on the latest updates in the cases of Chaiyaphum Pasae and Abe Saemu followed, moderated by Pranom Somwong from Protection International.
The panel included relatives of Chaiyaphum Pasae and Abe Saemu; Ratsada Manuratsada, a lawyer representing the families in both cases and Krissada Ngamsiljamras, a representative from the National Human Rights Commission of Thailand.
A second panel considered challenges on the administration of criminal justice in the context of unlawful deaths.
Moderated by Pratubjit Neelapaijit of UN Office of the High Commissioner for Human Rights, the panel included Malee Sittikreangkrai (Chiang Mai University); Sumitchai Hattasan (Human Rights Lawyers’ Association); Namtae Meeboonsalang (Provincial Chief Public Prosecutor, Office of the Attorney-General); Kritin Meewutsom (Forensic doctor, Ranong Hospital); and Sanhawan Srisod (ICJ).
The event was conducted in collaboration with Cross Cultural Foundation (CrCF); Protection International (PI); UN OHCHR; Human Rights Lawyers’ Association (HRLA); Thai Volunteer Services (TVS); Dinsorsee Creative Group; Center for Ethnic Studies and Development, Chiang Mai University (CESD); Legal Research and Development Center, Chiang Mai University (LRDC) and Network of Indigenous Peoples in Thailand (NIPT).
Contact
Kingsley Abbott, Senior Legal Adviser, ICJ Asia Pacific Regional Office, kingsley.abbott(a)icj.org
Jul 4, 2018 | News
Today the ICJ called on Thai prosecutorial authorities to immediately end the prosecution of five persons associated with academic activities in Chiang Mai. The five have been made subject to prosecution solely for exercising their rights to free expression and assembly.
Those subject to prosecution include Pakawadee Veerapatpong, an independent writer and translator; Chaipong Samnieng, a PhD candidate at Chiang Mai University; Nontawat Machai, an undergraduate student at Chiang Mai University; Teeramon Bua-ngam, a Masters student at Chiang Mai University and news editor; and Dr. Chayan Vaddhanaphuti, a Professor at Chiang Mai University.
The ICJ also called for the revocation or amendment of all laws, orders and announcements inconsistent with Thailand’s international human rights obligations.
Today, the Region V Public Prosecutor in Chiang Mai province formally notified the five individuals that they would be prosecuted for violating HNCPO Order No. 3/2558 (2015) (‘HNCPO Order 3’) for merely expressing their opinions at an academic forum at Chiang Mai University in July 2017.
HNCPO Order 3 prohibits the gathering of five or more persons for political purposes, carrying a penalty of imprisonment not exceeding six months and/or a fine not exceeding 10,000 Baht.
“The ongoing and abusive use of HNCPO Order 3 to stifle free expression in Thailand remains indefensible and an obstacle to the full restoration of the rule of law in Thailand,” said Kingsley Abbott, Senior Legal Adviser at the ICJ.
“The decision to indict these five individuals is clearly in breach of Thailand’s international human rights obligations and should be reversed immediately together with the termination of the proceedings and the revocation of HNCPO Order 3,” he added.
The Public Prosecutor’s decision to indict the five was made against a backdrop of recently increasing repression of fundamental freedoms in the country.
This year alone, at least 132 persons were reportedly charged under HNCPO Order 3 in 10 cases and six incidents in connection with a movement calling for elections to be held this year.
Twenty-seven of these individuals were also charged with a sedition-like offence, which carries a maximum penalty of seven years’ imprisonment.
Since the military coup of 22 May 2014, at least 378 persons have been reportedly charged in relation to 50 cases of violating the ban on political gatherings of five or more persons according to a report launched on 22 June 2018 by leading Thai NGO, Thai Lawyers for Human Rights (TLHR).
In March and June 2018, at the Human Rights Council, the ICJ called on Thailand to revoke or amend all laws, orders and announcements that are contrary to the rule of law and human rights protections.
“Four years have passed since the military coup resulting in numerous unjustifiable restrictions on fundamental freedoms – it is long past time for Thailand to undertake reform necessary to prevent the legal system from being misused to harass individuals who merely exercise their human rights,” said Abbott.
Contact
Kingsley Abbott, ICJ Senior International Legal Adviser, email: kingsley.abbott@icj.org
Background
The Region V Public Prosecutor’s decision in Chiang Mai province follows charges filed against the individuals by a military officer in 2017.
Pakawadee Veerapatpong, Chaipong Samnieng and Nontawat Machai had allegedly held up three A4-sized messages which read “an academic forum is not a military barracks” at the academic conference.
Teeramon Bua-ngam had reportedly taken a picture of himself standing next to the messages and posted the same on social media.
Dr. Chayan Vaddhanaphuti had reportedly watched the display of the messages without asking for them to be removed, despite being an organizer of the conference.
Thailand is a State party to the International Covenant on Civil and Political Rights (ICCPR). Articles 19, 21 and 22 of the ICCPR guarantee the rights to freedom of opinion and expression, freedom of peaceful assembly and freedom of association.
Since the military coup, the ICJ has expressed its concern about the use of a new legal framework and pre-existing laws to clamp down on the rights to freedom of expression, association and assembly, including criminal defamation (Articles 326-328 of the Thai Criminal Code), the Computer-Related Crime Act B.E.2550 (2007), a sedition-like offence (Article 116 of the Thai Criminal Code), and HNCPO Order 3.
Read also
ICJ and TLHR Joint Submission to the UN Human Rights Committee, 13 February 2017
ICJ and TLHR Joint Follow-up Submission to the Human Rights Committee, 27 March 2018
Thailand-Academics indicted-News-Web Story-2018-THA (story in Thai, PDF)
