Thailand: A human rights review based on the International Covenant on Civil and Political Rights
| Publisher | Amnesty International |
| Publication Date | 1 January 1999 |
| Citation / Document Symbol | ASA 39/001/1999 |
| Cite as | Amnesty International, Thailand: A human rights review based on the International Covenant on Civil and Political Rights, 1 January 1999, ASA 39/001/1999, available at: https://www.refworld.org/docid/3ae6a9c910.html [accessed 27 May 2023] |
| Comments | On 29 October 1997 the Royal Thai Government took the significant step of acceding to the International Covenant on Civil and Political Rights (ICCPR). The ICCPR guarantees the right to life (Article 6), the right to an effective remedy (Article 2), the right not to be tortured or ill-treated (Articles 7 and 10), the right not to be arrested arbitrarily (Article 9), the right to due process (Article 14), and the right to freedom of expression (Article 19). Although Thailand has made substantial progress in protecting these rights since the May 1992 violent military crackdown on pro-democracy demonstrators , there remain several problems both in terms of law and of practice. A new Constitution, which was promulgated by His Majesty the King in October 1997, goes some way towards correcting these problems, but does not protect all fundamental rights completely. The right not to be tortured or ill-treated is guaranteed in Article 31 of the Constitution, but the same article provides for the retention of the death penalty. Other rights guaranteed in the ICCPR which the new Constitution also protects are the rights to freedom of association, expression, movement, and religion. The presumption of innocence and equality before the law are also guaranteed. The Constitution further provides for the formation of a National Human Rights Commission, which has yet to be implemented, although the government has taken steps towards its establishment. Article 237 of the Constitution allows for the detention of criminal suspects without a court order for 48 hours, instead of seven days under the old Constitution. The new Constitution was also the first to have been drafted with major public participation, as was illustrated by the lengthy consultative process which took place in 1997 throughout the country. In another reformist trend, the military has pursued a much less active role in Thai politics than it did before the 1992 crisis and has become more accountable to the civilian administration. In September 1998 when General Surayudh Julanond was appointed as the new commander-in-chief of the army, he resigned from his position as Senator and announced that 'the army will not get involved in any form of political activity...'. However in the areas bordering Myanmar and Cambodia the local military enjoys a high degree of autonomy, sometimes leading to human rights violations, such as the ill-treatment and refoulement of refugees. These positive developments have been somewhat offset by the economic crisis which began in Thailand in July 1997 and soon spread to the rest of Asia. In spite of the promulgation of a new Constitution with many human rights safeguards, the economic downturn has compromised many people's enjoyment of basic economic rights. The Chuan government has concentrated on solving macroeconomic problems, particularly on compliance with the terms the International Monetary Fund (IMF) imposed when it lent over US$17 billion to the government. The urban poor, farmers and other vulnerable groups have complained that the current government has ignored their plight, while focusing only on reforming Thailand's financial sector. This report will discuss Thailand's progress in implementing the provisions of the ICCPR, both in relation to policy, based on existing legislation and the new constitution, and in practice. The information in this document is based partly on findings during an Amnesty International visit to Thailand in January and February 1998. It is not a comprehensive review, but rather focuses on key areas which need reform. Amnesty International's major concerns in Thailand with regard to the implementation of the provisions of the ICCPR include the death penalty, the impunity of police and other security forces, torture and conditions of detention amounting to cruel, inhuman or degrading treatment, and the lack of fair trial and arbitrary detention of refugees and asylum-seekers. |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
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