Thailand: Domestic violence; state protection and resources available to victims of domestic abuse (2002-2004)

According to Country Reports 2003, "[d]omestic violence against women was a significant problem" in Thailand (25 Feb. 2004, Sec. 5). But while a World Health Organization (WHO) study on violence and health indicated that 20 percent of women polled in Bangkok reported having been physically assaulted by their current partners (2002, 90), the United Nations Fund for Women (UNIFEM) cited one study which put the percentage of women in Thailand who had experienced physical and sexual abuse as at close to 50 percent (10 Feb. 2002). The Thai Office of the National Commission on Women's Affairs explains in its 2000 report on violence against women that domestic abuse is underreported, such that "the severity and scope of the problem remains unclear" (Mar. 2000, 5).

The Office of the National Commission on Women's Affairs notes that violence between partners is considered "a private family matter" by Thai society and that women who come forward with reports of spousal abuse are often blamed for breaking up families (2000, 16). Women also refrain from reporting abuse to the authorities due to "fear, shame and lack of effective systems response" (2000, 17). In a 21 December 2003 Xinhua News Agency article, the deputy director of a Bangkok hospital where a crisis centre for abused women was being set up suggested that domestic violence had long been a "silent problem" that received scant attention from the public or the state.

The Thai government has conceded that enforcement of laws against gender-based violence "still needs improvement" (Thailand Apr. 2004, 16), though Country Reports 2003 states that "specific laws concerning domestic violence have not been enacted" (25 Feb. 2004, Sec. 5; see also UNIFEM 10 Feb. 2002). While the Thai Penal Code does not treat marital rape as a criminal offence (Thailand Apr. 2004, 12), the government has indicated it is considering an amendment to the Code which would render marital rape illegal in cases where the husband is carrying sexually transmitted diseases or is not living with his wife (Thailand Apr. 2004, 12). A bill on domestic violence, drafted in 1987 by a coalition of women's rights groups and politicians, has yet to be submitted to Parliament, according to a 28 July 2004 Bangkok Post article. According to the Thai government, however, the bill has only to be approved by Parliament (Thailand Apr. 2004, 10). The bill provides for rehabilitation programmes for offenders as well as financial assistance for victims of domestic abuse (Bangkok Post 28 Jul. 2004; Thailand Apr. 2004, 10).

During an interview with the Bangkok Post, the chairman of the Senate Committee on Children, Women and the Elderly in Thailand claimed that police rarely take reports of domestic abuse seriously (Bangkok Post 28 Jul. 2004). According to the Office of the National Commission on Women's Affairs, the police tend to view domestic violence as a family issue and prefer to mediate rather than enforce laws (Mar. 2000, 10). And, while efforts have been made for female police officers to deal with gender-based complaints, the response of the police to domestic violence remains "weak" (ibid., 11; see also Country Reports 2003 25 Feb. 2004, Sec. 5). In responding to a questionnaire on women's rights for the United Nations, the Thai government noted that "[i]n some cases, officials in some professional areas such as ...police, judges and other government officials are not gender sensitive" (Apr. 2004, 15).

On 19 July 2002, the BBC reported that a Thai court allowed a man who had admitted to beating his wife to death to go free on a two-year suspended prison sentence and 50 hours of community service. Another man, who told the police he had strangled his girlfriend, was found guilty of murder and given a two-year suspended sentence (BBC 28 Aug. 2003). Following the verdict, the chairperson of the Foundation for Women declared that "[r]ecent verdicts in Thailand show that double standards apply in the judicial system. There are scores of beaten and sexually abused Thai wom[e]n in jail for killing their husbands and boyfriends yet nobody gives them a second thought" (ibid.).

In an effort to address the issue of violence against women, the Thai government has appointed a Sub-Committee on the Elimination of Violence against Women and Children (Thailand Apr. 2004, 9). The sub-committee is tasked with gathering and analyzing information on violence, organizing awareness campaigns and suggesting new policies (ibid.). As well, it was reported in September 2004 that "One Stop Crisis Centers" would be introduced in over 100 hospitals across Thailand to assist women and children who are victims of domestic abuse (Thai Press Reports 6 Sep. 2004; Thailand Apr. 2004, 9; see also Thailand Mar. 2000, 20-22). These centers would have on hand police officers, lawyers, psychologists and social workers (ibid; Thai Press Reports 6 Sep. 2004). The Thai cabinet has also designated November as "the campaign month to eliminate violence against women and children", in an effort to raise awareness about the issue among both men and women (Thailand Apr. 2004, 9)

The Office of the National Commission on Women's Affairs pointed out in its report that NGOs throughout Thailand were active on the issue of domestic violence both at the individual and community levels (Thailand Mar. 2000,14-15). Many NGOs provided services such as crisis intervention, shelter, counselling and education, and ran public awareness campaigns (ibid.). It cites as an example the Friends for Women Foundation, which offers legal and social services to women who have experienced domestic abuse as well as other forms of sexual and physical violence (ibid., 15). However, NGOs have indicated that domestic violence "requires greater attention and resources [and].... that government funding and commitment is needed to expand efforts toward achieving a goal of eradicating violence against women in Thailand" (ibid., 17).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Bangkok Post. 28 July 2004. "Call for Passage of Bill Idling Since 1987." (Dialog)

British Broadcasting Corporation (BBC). 28 Aug. 2003. "Fury as Killer Freed by Thai Court." [Accessed 8 Nov. 2004]
_____. 19 July 2002. Jonathan Head. "Thailand Frees Wife-Killer." [Accessed 8 Nov. 2004]

Country Reports on Human Rights Practices 2003. 25 February 2004. United States Department of State. [Accessed 3 Nov. 2004]

Thai Press Reports. 6 September 2004. "Hospitals to Introduce Domestic Violence Units." (Dialog)

Thailand. April 2004. Ministry of Social Development and Human Security, Office of Women's Affairs and Family Development. Questionnaire to Governments on Implementation of the Beijing Platform for Action (1995) and the Outcome of the Twenty-Third Special Session of the General Assembly (2000). [Accessed 8 Nov. 2004]
_____. March 2000. Office of the National Commission on Women's Affairs. Out of the Silence : Fighting Violence Against Women in Thailand. [Accessed 12 Nov. 2004]

UNIFEM East and Southeast Asia Regional Office. 10 February 2002. "Promoting the Realization of Women's Human Rights Through the Elimination of Violence against Women." [Accessed 12 Nov. 2004]

World Health Organization (WHO). 2002. World Report on Violence and Health. Edited by Etienne G. Krug et al. Geneva: WHO. [Accessed 8 Nov. 2004]

Xinhua News Agency [Bangkok]. 21 December 2003. "Thailand to Set Up Institution to Help Victims of Family Violence." (Dialog)

Additional Sources Consulted

Internet sites, including: Amnesty International; Asian Human Rights Commission; Human Rights Watch; Institute for Population and Social Research, Mahidol University; United Nations Division for the Advancement of Women.