Universal Periodic Review Comparison: National and Joint Civil Society Coalition Submissions

Bases on the National Report and Joint Civil Society Coalition Submissions by Peoples Empowerment Foundation and Civil Society and Human Rights Coalition of Thailand to the Office of the United Nations High Commissioner for Human Rights

Peoples Empowerment Foundation

People's Empowerment Foundation (PEF), 2011 1/546 Nuan Chan Road Klongkum, Bungkum Bangkok 10230, Thailand Tel./fax: (+66) 294-6104 E-mail: info@peoplesempowerment.org Web: http://www.peoplesempowerment.org

Table of Contents

I. Protection and Promotion of Human Rights

1. Freedom of Expression 2. Situation in the Three-Most Southern Provinces 3. Freedom of Assembly and Association 4. Special Laws and Judicial Procedure 5. National Human Rights Commission 6. Human Rights Defenders 7. Inhumane or Extrajudicial Treatment and Punishment 8. Rights of Refugees, Ethnics, Indigenous and Stateless Persons 9. Labours and Migrant Workers 10. Sexual Orientation and Gender Identity 11. Rights of the Child 12. Rights of Women 13. Human Trafficking 14. Rights of People with Disabilities 15. Economic, Social and Cultural Rights and the Right to Development 3 5 7 8 10 11 12 14 16 19 20 23 25 27 28

Project: CSO engagement in Thailands Universal Periodic Review Process

Editors: Patcharee Sae-Eaw Pimsiri Petchnamrob Sirada Khemanithatai Akanit Horatanakun Chalida Tajaroensuk

Program Officer Program Officer Program Officer Program Officer Director

II. Recommendations
This paper is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 Thailand License.

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III. Human Rights Protection and Promotion Mechanisms

I. PROTECTION AND PROMOTION OF HUMAN RIGHTS

Issues 1. Freedom of Expression

Royal Thai Government

Domestic Laws (21) The Constitution guarantees freedom of a person to express opinions, make speeches, write, print and publicize; prohibits the closure, interference or censorship of a newspaper or other mass media; and bans politicians from owning media outlets. The Official Information Act of 1997 guarantees the public the right of access to official information and enables them to scrutinize the work of the Government. (22) As part of media reform, a committee comprising representatives of media organizations has been set up to draft the Rights, Liberty, and Media Professional Standards Bill with a view to protecting the rights and liberties of the media profession and news consumers, promoting media ethics and working standards as well as strengthen a media self-regulating system and to ensure that the media can operate with freedom. Defamation and Lese Majeste Law (24) On freedom of expression in relation to the monarchy, Thailand has strived to find a balance between protecting the monarchy, which is a main pillar of the nations identity and security, and the right of individuals to express their views.

Civil Society Coalition and Peoples Empowerment Foundation

Domestic Laws (3) Although Article 45 of the Thai Constitution guarantee freedom of expression, in practice, the existence of Lese Majeste Law and the Computer Crimes Act B.E.2550 render Thai citizen unable to critically discuss politics.

Civil Society and Human Rights Coalition of Thailand (CHRC)

Defamation and Lese Majeste Law Defamation and Lese Majeste Law (16) Although Thailand ratified the ICCPR but (26) The Lese Majeste law has been used as a there are three sets of laws primarily affect the tool to punish political dissents. right to this freedom: defamation (Sections 326 and 328 of the 1956 revised criminal code), lesemajeste (Section 112 of the code as revised in 1976) and the Computer Crime Act of 2007.

(24) The National Human Rights Commission has also embarked on a process to review the relevant laws in order to make recommendations to the Government. (24) An Advisory Committee, chaired by the Permanent Secretary of the Ministry of Justice, has been set up to provide advice to the police and the prosecutor on whether to institute legal proceedings in such cases in accordance with the Criminal Code and the 2007 Computer Crimes Act.

(16) Thailands position internationally, in terms of freedom of expression, has dropped to its lowest in a decade, falling from a ranking of 59 in the World Press Freedom Index in 2004, to that of 153 (out of 178 nations) by 2010. (17) Defamation is a criminal and civil offence. A 1992 amendment to the libel law allows a fine of up to 200,000 baht, in addition to any civil damages. The number of new cases of defamation has nearly quadrupled since 1997 (18) The lese-majeste law remains Thailands greatest obstacle to freedom of expression. The amended law reads Whoever defames, insults or threatens the King, the Queen and the Heir apparent of the Regent shall be punished with imprisonment of three years to fifteen years Number of new lese-majeste cases has dramatically jumped, from less than 5 cases in 1999 to 164 in 2009. (19) The vagueness of the language used in the law, the lack of guidelines on arrests and prosecutions of lse-majest cases, and the ability of any citizen to make the charge all contribute to grave abuses of the lse-majest law. Many state officials have portrayed the movement of the UDD as part of an antimonarchist conspiracy. (20) The scope of the lse-majest law has gone well beyond protecting the reputation of the king, queen, and heir-apparent, and has been used indiscriminately against any opponent of the government. Police, prosecutors, and judges are given no guidelines in interpreting lsemajest. So, the courts have tended to interpret lse-majest quite broadly and out of context, making convictions almost certain.

Media Freedom and the 2007 Computer Crimes Act (23) Thailand also plays host to numerous international press agencies, civil society organizations and international NGOs, all of which attest to the free atmosphere that is conducive to news reporting and the free flow of information. (23) Freedom of opinion and expression is also reflected in the establishment of community radio stations and cable channels around the country, while the media enjoy full freedom to criticize the Government.

2. Situation in the Three-Most Southern Provinces

Overview (29) Administration of justice is an important issue in the three Southern Border Provinces. (29) The Southern unrest is not a conflict of religious nature but is caused by social and economic inequalities resulting from past development policies, as well as ethnic and historical factors. (30) The Government has implemented the Master Plan for the Administration of Justice (2009-2012) and the Strategic Plan for Development of Justice Process in the

Media Freedom and the 2007 Computer Crimes Act (20) In 2007, the military-appointed legislative body passed the Computer Crime Act (CCA). Section 14 (2) of the act prohibits electronic transmission of of false computer data in a manner that is likely to damage the countrys security or cause a public panic, and (3) prohibits transmission of any material related with an offence against the Kingdoms security under the Criminal Code. (21) The CCA is becoming an indirect way of applying lse-majest-like legal provisions and as a whole is becoming a primary tool in suppressing freedom of expression. (21) More than a quarter of a million websites have been blocked by the state, many of which have been deemed as critical of the monarchy. (21) From 2007-mid2010, there have been 31 lse-majest-content cases pursued under the CCA. Of these, all 4 cases in which the court has handed down a decision have resulted in conviction, and in no case documented have public prosecutors drooped or courts dismissed a case. Overview (23) More than 80% of the population that make up the 3-Southern border provinces of Thailand are Malayu-Muslims, whom have shared a stronger affiliation with that identity than as Thai nationals. (23) The escalation of violence in the three provinces of Pattani, Yala and Narathiwat started with the incident of unidentified gunmen raiding an army ammunition depot in Narathiwat Province on January 4, 2004, followed by the all out assault in the Kreu Se Mosque Incident on 28

Media Freedom and the 2007 Computer Crimes Act (26) Censorship of literatures, publications, texts, films, and other media is another worst form of such violations (27) The closure of a huge number of websites and community radio stations has been criticized as violation of freedom to communication. Arresting of the Web-Masters and owners by quoting special law and rushing the legal/ judicial process without respecting the rights to access a fair trial is unacceptable. (27) Some criminal cases related to freedom to communication and expression have been frozen with no progress while the suspects were detained for a long period of time and inaccessible to fair trial including the release on bail and medical check-up.

Overview (15) Since the eruption of violence in Deep South in January 2004, a large number of insurgent suspects have been arrested. (15) Violence intensified after the massacres at Kruese Mosque in Pattani and Saba-Yoi in Songkhla on April 28, 2004. Situation became worst when 78 demonstrators were found dead during the truck transportation while 8 died from gun shots on October 25, 2004 after a crackdown at Takbai. Later, 59 suspects were charged in court. (15) It should be noted that Human Rights

Southern Border Provinces of Thailand. (30) The Government has set up various complaint mechanisms such as the Justice Centre.

Children See Rights of the Child on the Children under Violation in the Three-Most Southern Provinces topic and Economic, Social and Cultural Rightson theRights to Educattion topic, no. (55)

April 2004, and the Tak Bai incident on October 2004. (23)The perpetrators to this conflict have been both separatists and state officials. (23) since 2004, up till October of 2009, these two groups have reportedly been responsible for causing 10,386 un-peaceful events, claiming the lives of 4,453 people, and wounding 7,239 victims. (24) Root causes of the conflict result from different perspectives held by the government and insurgents. (24) Military policy has failed to respect the distinct identity of Malayu-Muslim people from the rest of the Thai population, treating them as terrorists that ought to be controlled by the Thai state. (24) Insurgents act violently in defense of their ethnic, religious and minority rights. (27) There have been numerous cases, for instance the Masjid Ipayae, Sulaiman Nasae, and Imaam Yapha Kaseng incidents, which have caused the people to believe that the state officials have been perpetrators to this conflict because there has been no progress in investigating the facts of each case. Torture See Inhumane or Extrajudicial Treatment and Punishment on the Torture in the Three-Most Southern Provinces topic. Special Law and Judicial Procedure See Special Laws and Judicial Procedure no.(26) Children See Rights of the Child on Children under Violation in the Three-Most Southern Provinces topic. Women See Rights of Women on the Women under Violation in the Three-Most Southern Provinces

policy was not taken seriously in Deep South while the recommendation from the National Reconciliation Commission (NRC) led by former Prime Minister Anand Panyarachun, was not well accepted and implemented. (16) Later, the then Prime Minister General Surayuth Chulanond (October 2006-January 2008) withdrew the charge against the 59 suspects and expressed regret over the involvement of State officials in the violence. Tension had been declined. (16) The death toll was over 4,000 during January 2004 to December 2010. Enforced Disappearance See Khun Somchai case in Special Laws and Judicial Procedure on the Enforced Disappearance topic.

3. Freedom of Assembly and Association

Rights Protection (25) Thailand recognizes the right of peaceful assembly as stipulated in Section 63 of the Constitution. (25) The proposed Public Assembly Bill aims to manage public assemblies in line with the Constitution and ensure they do not infringe on the rights of others.

Rights Restriction (4) These laws go against the spirit of the constitution, and though the RTG is vetting a new legislature to limit and control freedom of expression, such as the employment of the Traffic Act. (4) The RTG is currently considering passing the Public Gathering Bill; the underlying content to this Bill restricts rather than promotes the right to association.

Rally Crackdown (12) The death toll resulting from the crackdown between April-May 2010 amounted to 92 persons, including civilians, voluntary paramedics, policemen and army officials; 2,800 were wounded and many still missing. (12) Forced was used in the following 4 modes: * Shootings were done incriminatingly or not for self-defense based on foreseeable threats. * Disproportionate measures taken, for instance firing ammunitions into the protesters who were unarmed. * The use of force at night without taking into account the impairment of vision. * The lack of proper management of weapons used in a careful and strict manner.

Investigation Process Investigation Process (31) With regard to Thailands political (13) Investigating the facts behind the crackdown situation, investigations into the violent have been ineffective for the RTG, which directed

UDD Protestors (29) Demonstration and violence attacks led by the United Front for Democracy anti Dictatorship (UDD) during the ASEAN Summit in April 2009 in Pattaya and other places including Bangkok Metropolitan revealed a weak security measure to the leadership as well as the society as a whole. (31) A widespread unrest took place in Bangkok and other provinces. Security forces, police in particular, failed to prevent such violence. The act of terror threatened life of all, fire were set to destroy government buildings and private properties while explosive weapons and devices, grenades, and the machine guns spread all over. Rally Crackdown Red Shirts (30) Political conflicts and violence in March May 2010 in Bangkok, demonstrators and the security forces spread the fearful atmosphere all over the society and caused the death of more than 90 lives during those 3 months. Yellow Shirts (28) The bloody crackdown on demonstration led by People Alliance for Democracy (PAD) in front of the parliament on October 7, 2008 by the security forces caused several death and casualty. So far, there is no progress on the prosecuting of the case. The National AntiCorruption Commission investigated the case and indicated that Somchai Wongasawat, Chavalit Yongchaiyuth, and Pol.Gen. Patcharawas Wongsuwan were responsible for the tragic act. Investigation Process (30) So far, there is no such credible report on particular incidents

4.Special Laws and Judicial Procedure

incidents in April and May 2010 are ongoing so as to bring the perpetrators to justice. (31) Remedies have been provided to people affected by the protests. (31) The Independent Fact-finding Commission for Reconciliation was set up and its report and recommendations will be duly considered by the Government to bring fair treatment to all sides. The National Human Rights Commission has also set up a committee to investigate the facts concerning the aforementioned violent incidents. Judicial Procedure (26) The rights of individuals in the judicial process are guaranteed under various provisions of the Constitution which include, inter alia, the right of access to justice, the right to a prompt and fair trial and the right of injured persons, the accused, defendants and witnesses in criminal cases to protection and assistance. (27) Measures have been put in place to disseminate information on the judicial system to the public and enhance public access to justice on an equal basis. (28) Unequal access to justice for the poor remains a challenge. (32) Thailand is in the process of reforming its justice process, including the police, prosecutor and the Court with the aim of promoting public participation and increasing access to justice.

the Crackdown, is still in power, so the NHRC and the Truth and Reconciliation Commission are not independent from the government. (13) Article 17 of the Emergency Decree poses as an obstacle in holding state officials accountable by justifying its decisions by using vague phrasings, i.e. that the state officials were acting within good faith.

Judicial Procedure (7) The Courts of Law are increasingly regarded with distrust by a growing number of citizens due to the recent alleged double standards in the decision of several cases. (14) Human rights contraventions have been evident with the handling of arrests, with abuses extending from torture to the planting and meddling of evidence, forced confession, issuance of arrest warrants with unclear photographic evidence, and denying detainees contact with relatives. Further violations include denying rights to fair trial, including denying the access to lawyers, denying the right to temporary bail by reasoning that the detainees might escape or commit their crimes again, placing bail amounts beyond the level that families can afford, resulting in trauma and attempted suicide of several victims. Furthermore, detainees in penitentiary hospitals are put on shackles. Detainees have also been placed in informal detention venues.

Judicial Procedure (19) Law enforcement is still a major problem in the criminal justice system, opening loopholes for abuse of power, misconduct, unfair treatment and individual rights violation. Law enforcement is still a major problem in the criminal justice system, opening loopholes for abuse of power, misconduct, unfair treatment and individual rights violation. (23) The budgetary allocation to the police, prosecutors, court, Correction Department under Ministry of Justice seems to be imbalance and inappropriate. Legal Aid received very little attention from the State. (In 2011, the National Police Office got 75% of the budget while Ministry of Justice only 17%, Prosecutor 6%, Court 2%, National Human Rights Commission 0.2% while the Law Council of Thailand got only 0.06% from the total budget.)

Special Laws (29) The enforcement of special security laws in certain Southern areas has been undertaken with extreme caution to ensure that it does not lead to human rights violations. Efforts are underway to reduce the use of special laws in areas where violence has declined.

Death Penalty (33) Thailand has abolished the death penalty for persons below 18 years of age, and does not apply the death penalty on pregnant women and persons with mental illness. (33) The death penalty is imposed only on

Martial Law, Administrative Decree on the State of Emergency and the National Security Act (4) Three draconian laws, namely the Martial law, the Emergency Decree on Public Administration in Emergency Situation, and the Internal Security Act (ISA), allow for the restriction of many rights and liberties of Thai citizens. (8) The RTG has used aggressive laws, ie draconian, to govern the Thai people, imposing rule by law rather than respecting rule of law. Such actions have had negative impacts on the Thai people, with human rights abuses rising over the past few years. (9) The Declaration of the Emergency Decree on 7 April 2010 after a group of protesters stormed the Parliament calling for the Thai Government to cease interruption of the primary media channel of the UDD group was contradictory to international law, since the incident was a short disorder created by a group of protesters. Regular laws to control the situation could have been used by state officials as the incident was not a direct threat to the survival of the nation nor the basic functioning of the parliament. (10) The Declaration of the Emergency Decree not only breached the spirit of international law, but it gave the Thai army direct executive power through the establishment of the Centre for the Resolution of Emergency Situation (CRES). The Emergency Decree severely violated basic human rights, including media censorship, restrictions on the freedom of association and freedom of movement, and most importantly, the right to life and the freedom from torture, which are nonderogable rights, even during emergency situations. (11) Under article 4(3) of the ICCPR, as a member state, the RTG has the duty to immediately

Martial Law, Administrative Decree on the State of Emergency and the National Security Act (20) Human Rights in Criminal Justice of individuals are being violated by the imposition of national security laws namely the Martial Law Act, Administrative Decree on State of Emergency and the National Security Act by allowing Searching, Arresting, Detaining of persons without the court warrant. (20) Several reports the possibility of detainees being tortured during that period, e.g., the case of Imam Yapa Kaseng who died in custody. (20) The National Security Law prevents the suspects from access to fair trial, or to be in front of the court. The National Security Law prevents the suspects from access to fair trial, or to be in front of the court. It is possible to be detained up to 84 days if they are charged with serious crime according to the Criminal Code, which contradicts the international standard. (24) Suppressive laws including Martial Law Act B.E. 2457 (1914), Administrative Decree on the State of Emergency B.E. 2548 (2005) and the National Security Act B.E. 2551 (2008) had been enacted quite regularly during the unrest in the last 3-4 years. Imposition of these special decrees has accelerated violence both in the South and other main cities as well as Bangkok. Death Penalty (25) Death Penalty is still the ultimate sentence in Thai Laws. The Government did not support the Moratorium of Death Penalty at the UN General Assembly in 2008.

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persons who have committed serious crimes, and royal pardons are sought and granted on various occasions. (33) Thailand attaches importance to the process of national consultation on the death penalty. Women and Judicial Procedure (74) Measures have been adopted which include; the setting up of investigation rooms specifically for women in police stations; the use of policewomen in the investigation process; and the setting up of special court rooms for abused women.

5.National Human Rights Commission (NHRC)

inform the other State Partiesthe provisions from which it has derogated and of the reasons by which it was actuate. In practice, the Abhisit government informed other state parties of the provisions it had derogated only once on 10 April 2010, even though the Emergency Decree had been extended 3 times in some areas (26) Under the Emergency Decree, detainees have been kept in unofficial places of detention for up to 7 days, for no more than 4 times visits from relatives and public lawyers have been limited to 30 minutes per session, which is considered below the minimum standards of human rights under international law. Impunity (26) The undue power given to the authorities under the Emergency Decree have resulted in the harmful consequences towards the Thai people because of impunity of authorities from civil, criminal, and disciplinary offenses. Selection Process and Participation (5) The National Human Rights Commission of Thailand (NHRC), following the military coup in 2006, has proven to be less transparent and partial as an independent human rights institution due to revisions made to the Thai constitution (2007) regarding the selection process of NHRC commissioners. (5) Such selection is now determined by a smaller permanent selection committee comprised of high-ranking representatives. This committee has heavily favored conservative candidates, selecting commissioners with inadequate experience to effectively promote and protect human rights. Performance of NHRC (5) The current NHRC is largely viewed to be progovernment, leading to disappointment and low

Selection Process and Participation (13) The National Human Rights Commission (NHRC) of Thailand was established under the 1997- Constitution and the National Human Rights Commission Act (1999). (13) However, the 2007-Constitution excluded Civil Society from the Selection Committee. Such lack of transparency affected the performance of the current Commission. (75) The Constitution 2007 limited the participation of the civil society and academic community.

Performance of NHRC (74) NHRC had recommended the Government for further action but seldom got

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confidence in the credibility of the body amongst the human rights community. (5) The information that has been gathered has not been made readily available to the public, which generates skepticism on the transparency, and impartiality of the body.

6. Human Rights Defenders

(56) Human Rights Defenders (HRDs) in Thailand face many threats, such as direct physical threats, enforced disappearance (such as the case of Somchai Neelaphaijit), and convictions of lese majeste for political purposes. (56) HRDs are also not given help at the local level. In addition, there are serious concerns about the death of HRDs in Southern Thailand. Direct and indirect threats to HRDs mean that the RTG cannot protect their welfare. There have been recommendations from the UN SRs that the government promote and protect HRDs and give opportunities for HRDs to be involved in policymaking on human rights.

positive response especially on the problems caused by the wrong-doing of their officials. (75) Current NHRC had been seen as a bureaucratic institution rather than an independence body with credible, effective, accessible, accountable and resourceful as guided by the Paris Principle on NHRIs. (22) The outstanding 48 cases of May 1992 disappearances, Trade Union Leader, Thanong Poti-arn (June 1991), Somchai Neelaphiajit (March 2004) the case was delayed. Recently, the final verdict at Appeal Court on March 11, 2011 absolved the State of any criminal responsibility in the enforced disappearance of Somchai Neelapaijit. (22) Kamol Laosopaphant (October 2008) including more than 30 cases from the Northeastern province of Kalasin and a number of cases from the deep south provinces. The fate of the victims of all cases was unknown. (70) During the last 10 Years since 2001, almost 30 Thai Human Rights Defenders were brutally executed or forced disappeared. Most of the cases couldnt brought the perpetrators to justice even some of them were government officials, security officers or powerful politicians. (70) At present, 5 cases related to Human Rights Defenders including Charoen Wataksorn (environmentalist from Prachuab Kirikhant), Phra Supoj Suvajo (an environmentalist Buddhist monk from Chiengmai), Somchai Neelaphaijit (Human Rights lawyer), Kamol Laosopaphant (an anticorruption advocate from Khon Kaen). There was no progress but draw back due to the distortion of the cases and evidence since

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7.Inhumane or Extrajudi cial Treatment and Punishment

Torture (35) Torture and punishment by cruel or inhumane means are prohibited under Section 32 of the Constitution. (35) The Criminal Code specifies various criminal acts which fall under the ambit of torture as defined in Article 1 of the CAT. The country is working to include the definition of torture and make it an offence under Thai law in order to be in line with the CAT. (36) The Criminal Procedure Code prohibits the use of torture in criminal proceedings, including obtaining a confession and the use of evidence

Torture in the Three-Most Southern Provinces (25) At the Ingkharayuthboriharn Army Camp, Pattani province, Thai authorities have reportedly been responsible for torturing detainees to death, including the example of Imam Yapha Kaseng, and the case of Sulaimam Naesa. (26) Torture and other ill treatment have become systematic and unlawful detention of claimed suspects more frequent, in significant part due to provisions of martial law and the Emergency Decree in effect in the area.

most of the cases had closely link to some powerful personalities. (71) Mrs. Pikul Phromchand is now under risk due to her active role in filing the case against the police head and the security officers in the province which involve more than 20 cases related to abduction and execution. (71) Social workers and Human Rights Advocates who dealt with sensitive cases or border conflicts and humanitarian work also faced intimidation. (72) Other Human Rights Defenders are being threatened by the libel suit. Some others including journalists are being hunted by the gunmen of those influential persons. (73) So far, the Government still didn't have concrete plan to protect Human Rights Defenders in response to the declaration and the recommendations of the Special Representative of the Secretary General on Human Rights Defender, Ms. Hina Jilani, who visited Thailand in May 2003. Torture (18) Thailand ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and entry in to force on November 1, 2007. Thailand made an interpretative declaration and reservations in Articles 1, 4 and 5 as well as the first paragraph of Article 30 (18) Polices abuse of power in custodies has not reduced. Some detention centers are overcrowded, some prisoners are still under shackled. However, officials sometime allow the inmates to beat the new comers. Enforced Disappearance (15) A Human Rights lawyer, Somchai Neelaphaijit, who was defending the suspects

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obtained through unlawful means in Court. (36) Persons subjected to torture by officials during investigation have the right to bring the case to Court in accordance with the Criminal Procedure Code. (36) Victims of torture also have the right to seek redress and compensation under both criminal and civil law (38) Military and police authorities have issued orders to all levels not to torture accused or suspected persons. (38) Cases concerning torture or disappearances are subjected to the judicial process. (38) Human rights training courses have been provided for military and police officers and relevant officials. Shackles and Imprisonment (37) The law prohibits the use of restraints on a prisoner unless he or she is a threat to himself/herself or others and to prevent escape. (37) Any decision to use restraints on a prisoner will be re-assessed by a committee every 15 days. (37) The law prohibits the use of restraints as a form of punishment. The use of restraints on prisoners over 60 years of age and female prisoners is also prohibited. (37) Regarding the condition of prisons and detention centres, Thailand has continued to improve conditions in these facilities to bring them in line with penological, legal and human right7 principles.

was abducted and disappeared on March 12, 2004. (22) Enforced Disappearance, so far, is not much interested even though the violation is obstructive to judicial procedure at the high level. See more in Human Rights Defenders no. (22) Extrajudicial Killings (17) The Government campaign on Drug War in early 2003 caused over 2,500 deaths. The report pointed out that almost half of the victims are innocent. So far, there was no due process to look into detail over the cases especially those who are responsible over the brutal act.

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8. Rights of Refugees, Ethnics, Indigenous and Stateless Persons

Children and Education See Rights of the Child on the Children and Problems with Legal Status topic and Economic, Social and Cultural Rights and the Right to Development on the Rights to Education topic. Ethnic Groups (90) Long-term migrants are able to obtain the status of a legal migrant and their offspring Thai nationality, in accordance with the Nationality Act and the Management Strategy on the Problem of Status and Rights of Persons. (93) However, challenges remain in terms of equal access to health and education services due to language, cultural and geographical barriers. The nationality and personal status determination process has seen slow implementation due to lack of understanding of laws and regulations on the part of Government officials, including negative attitudes toward these persons. See more in Economic, Social and Cultural Rights and the Right to Development on the Freedom to Religious Practice, Belief and Culture topic no. (88), (92) Displaced Persons and Asylum Seekers (102) Although Thailand is not a Party to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, it continues to host approximately 110,000 displaced persons from Myanmar in 9 temporary shelter areas for humanitarian reasons. (102) Have a close cooperation with the donor community, the UNHCR and various NGOs in order to protect and promote the basic rights of these persons and

Children and Education (46) Rohingya children have no access to education, are denied birth certificates, and have inadequate access to health care. See more in Rights of the Child on the Children and Problems with Legal Status topic. Stateless persons (47) There are approximately 2.5 million stateless persons residing in Thailand, some of which have been examined and documented through civil registration. However, there are groups that have yet to be examined who are susceptible to violations of numerous rights.

Children and Education See Rights of the Child on the Children and Problems with Legal Status topic.

Refugees (42) The Thai government does not allow the usage of refugees as a de facto term but uses the term persons affected from combat giving the RTG latitude to fall from its responsibility to abide by international human rights standards on the treatment of refugees. (42) Thailand is not a state party to the 1951 Refugee Convention and 1967 Protocol Relating to the Status of Refugees. (42) There has not been an official process to register around 57,000 new refugees in temporary

Ethnic Groups (40) Their invisible status invites discrimination. Even though recently the State grants legal status to some ten thousand ethnic persons, a large number of stateless people still face the same but heavier problems (43) The Government amended the law on Thai Citizenship (B.E. 2008) by adding Article 23 to return Thai citizenship to those ethnic minorities who lost their Thai citizenship under the 13th Decree of the coup on December 13, 1972. But there are still 480,000 people with invisible status, they have no access to public services and the justice process does not protect them. See more in Economic, Social and Cultural Rights and the Right to Development on the Freedom to Religious Practice, Belief and Culture topic no. (34), (42) Refugees (18) Over 90 women and children are still detained at the Immigration Detention Center in a very crowded room. Most of them were treated as illegal immigrants while some of them were seeking a refugee status from the UNHCR. (45) A large number of refugees cross borders and some entered from the Andaman coast in the South. The State officials could not handle these refugees and many times pushed them

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find durable solutions for them, including third country resettlement. (103) Vocational training is provided to the displaced persons. (105) The Government aims to be more engaged in the management of the temporary shelters, including in the provision of education and the enhancement of the quality of life of the displaced persons in order to prepare them for their eventual return to their country of origin in safety and dignity. (106) Thailand is aware of the specific challenge posed by the situation of asylum seekers in urban environments. Solutions for this group are being sought, based on humanitarian principles and in line with the Immigration Act of 1979. (106) The Government has cooperated with the UNHCR on access to monitor the living conditions of these persons based on human rights principles. Healthcare (91) Persons belonging to ethnic groups who are in the process of being granted Thai nationality benefit from the Universal Healthcare Coverage Scheme as with other Thai nationals. (103) Thailand has collaborated with various NGOs in establishing clinics and providing medical treatment and healthcare to the displaced persons and nearby Thai communities. Those with serious medical conditions will be sent to nearby hospitals, while the Ministry of Public Health has conducted disease prevention and immunization activities.

camps since 2009, ordering a halt to the screening process with the UNHCR. (43) Since there are frequent refugees who flee human rights violations and conflicts into Thailand, the government has not come up with a policy to protect refugees. (43) Camps that have been set up as temporary shelters for refugee have extended their stay to as long as 26 years. Refugees in these camps cannot exercise their basic human rights. (44) Asylum seekers entering Thailand are often treated as illegal migrants and detained at the Immigration Detention Centre (IDC). The UNHCR is unable to give them assistance, or coordinate resettlement with third countries. (44) The RTG continues to contravene International Law by expelling asylum seekers and refugees, including vulnerable groups and the elderly, to their country of origin though there are in situations of high risk of facing violence and abuses, such as in the case of Lao Hmong and the Karen people. (45) The problem with the Rohingya situation in Thailand started since 2008 when two boats carrying 91 Rohingya people were intercepted in Thai territory. Those determined as Bangladeshi or Burmese nationals were sent back to Bangladesh and the Thai-Burma border respectively, while the remaining 45 are still being held at the Immigration Detention Center in Suanphlu district. (45) Their future remains unclear because the RTG does not have any concrete policy for this group. Because of their stateless status, their rights remain grossly violated and the UNHCR has no access to the Rohingya peoples. (45) In January 2011, two boats carrying Rohingya people were intercepted, the Thai authority re-

out of the country. This is a violation of the non-refoulement principle. (46) At the end of 2008, the Royal Thai Army has sent 4,500 Hmong back to Lao PDR. Among them 158 already gained the status of refugee and many seek shelter. (47) The Thai Government forced exit 166 Karen refugees on December 25, 2009. It is the same site where the Government forced out at least 360 Burmese refugees (December 8, 2009) and 650 people (November 17, 2009) and 2,500 people (November 10) (44) Rohingya entered Thailand in periodical waves, totally there are several thousands. It has been a problem for many years but no progress in redressing. Nobody is responsible for them.

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routed the boats to the ocean and they were later found to be frail and unconscious upon arrival at the Islands. (46) The Burmese authorities do not recognize many of Rohingya people as Burmese citizens which affectively turns them into stateless persons; status that threatens their security and livelihood and subject them to regular money extortion by Thai authorities. Three thousand Rohingyas have been denied migrant worker status.

9. Labours and Migrant Workers

Overview (43) The Constitution guarantees the right of workers to receive security and welfare. (43) The Labour Protection Act of 1998 (2008 amendment) is the main law specifying the rights and duties of both employers and employees, with provisions governing employment and minimum standards. Under the Act, all workers will be protected regardless of race, nationality or any other status. Labour Unions (44) The Government recognizes the importance of the rights of association and collective bargaining of union members. For this reason, Thailand intends to ratify ILO Convention No. 87 (on Freedom of Association and Protection of the Right to Organize) and No. 98 (on Right to Organize and Collective Bargaining. Efforts have been made to harmonize national legislation with these Conventions in preparation for ratification.

Overview (59) The number of employment was 37.1 million which 13.8 million were from formal sector (37.3%) and 23.3 million were from informal sector (62.7%). Within 23.3 million from informal sector, 11.09 million were the women workers.

Labour Unions (49) The rights to form a union and to collective bargaining is limited. Many unionists have had their employment terminated after trying to form unions. (49) Sub-contract workers are not entitled to form unions.

Labour Unions (60) Right to organize and form the union is still problematic for the workers. (33) Police and Security Forces took a harsh measure against the laid-off workers from Triumph Company by applying a high frequencies radio wave loud-speaker (L-RAD) to attack the demonstrators causing the ear damage and casualty

17

Welfare and Safety (45) In December 2010 the Government approved an increase in the minimum wage averaging 6.35 percent benefiting millions of Thai and migrant workers. (49) Thailand has implemented a broad and rights-based health policy covering about 9.8 million workers and employees in the formal sector. (46) The Occupational Safety, Health and Environment Act of 2011 ensure that employers provide suitable working conditions. (47) The Government has extended social security coverage under the 1990 Social Security Act to approximately 24 million workers in the informal sector. Informal Sector Workers (47) Thailand has enacted a law to protect workers in the agricultural sector, and has extended protection for home workers through the enforcement of the Act on the Protection of Home Workers of 2010. (47) A draft regulation on the protection of domestic workers is under consideration. (47) Workers outside the labour system such as taxi and motorcycle taxi drivers and street vendors will be assisted through low interest loans to reduce their cost of living. Overseas Workers (48) The Ministry of Labour aims to prevent them being exploited by agents or unlicensed recruitment agencies, which will be prosecuted and punished according to the law. (48) Fairer interest loans are offered to

Welfare and Safety (49) The minimum wage in Thailand is currently between 159-215 baht per day which is insufficient in sustaining a family of 4. (49) Workers, who are entitled to Social Security, have difficulty accessing quality healthcare and experience discrimination in medical treatment quality among other forms of social security schemes.

Welfare and Safety (63) Social Security Act B.E. 2553 (2010) Article 40 is the only channel for those involved in the informal sector.

Informal Sector Workers (49) Thai workers who are sub-contract workers are unprotected under the Labor Protection Acts (1997 and 2010).

Informal Sector Workers (61) Ministerial Regulation on the Protection of Home Workers B.E. 2547 (2004) and the Ministerial Regulation on the Protection of Agricultural Workers B.E. 2548 (2005) are not effective enough since there is no enforcement mechanism. Some jobs are at risk and health hazardous. The worker couldnt access to the Social Security Fund and other relevant public services. (62) Home Workers Protection Act B.E. 2553 is to be effective on May 16, 2011. Although this Act provide the protection on the wage that shouldnt go lower than the Labor Protection Act as well as the responsibility of the hirer (employer) on health and safety of the work, the Act failed to address the promotional aspect as proposed by the informal sector networks. The definition on Home based work was confined to industrial sector only but ignoring the Contract Farming in

18

help reduce the cost of going to work abroad. The Overseas Workers Aid Fund has been providing assistance for abandoned overseas workers (48) There are currently 13 labour offices abroad. Migrant Workers (64) Children of migrant workers under 15 years of age can be registered along with their parents (94) Thailand has long been a transit and destination country for over 2 million migrant workers (95) Thailand has concluded Memoranda of Understanding (MOUs) with Cambodia, the Lao PDR and Myanmar in order to provide a formal channel for migrant workers from these countries to legally work in Thailand. Workers entering the country under these MOUs will be provided with visas and work permits for two years, with a possible extension for another two year period. (96) Registered migrant workers are entitled to basic health insurance and protection under three laws, namely, the 1998 Labour Protection Act, the 1990 Social Security Act and the 1994 Workmens Compensation Act. Since 2004, the registration processes have taken place 6 times (99) Migrant workers are entitled to protection from abuse by their employers under the 2008 Employment of Aliens Act. However, corruption, extortion and other mistreatment of migrant workers by law enforcement officials also needs to be seriously tackled by the agencies

agriculture sector. (65) Children of the workers in the Informal Sector always spent their free me to assist their families for such production.

Migrant Workers (1) Thailand has yet to ratify the Convention on the Protection of the Rights of Migrants Workers and Member of their Families (MWC). (1) An estimated 2 million plus of whom work and live in Thailand with very limited rights and protection. (50) Migrant workers whose nationalities have been verified can be employed as legal migrant workers, but in practice, the government still cannot ensure rights and welfare to legal migrant workers. (50) Undocumented workers have problems with minimum wage, human rights abuses, and access to labor protections, rights and welfare. (50) Migrant workers do not enjoy basic services from the Thai state. Business sectors, brokers and officials can systematically exploit migrant workers. The Ministry of Labor cannot control the costs of brokers in the National Verification. (51) Migrant workers constantly face obstacles with the civil registration system. Particularly, when they request marriage registration with Thai nationals, civil registrars often require additional documents at the officials' discretion, even though such documents are not required by the law. (50) Migrant workers cannot form unions. (38) Migrant workers with disabilities caused by work hazards cannot access rehabilitation services while waiting for compensation.

Migrant Workers (66) Migrant Workers and the Families who are holding valid passport and got the work permit almost a million. Another 1.5 million had no such documents and their rights are being violated in various forms.

19

10. Sexual Orientation and Gender Identity

concerned. (97) In 2010 the Government began to implement the policy requiring all registered migrant workers to undergo the nationality verification process. On completing the process, they will be issued with a certificate of nationality or passport from their home countries. (98) Efforts have been made to widely disseminate information on the rights and duties of employers and employees under the labour law in Myanmar, Laotian and Cambodian languages so as to enhance migrant workers access to this information. Training is also provided for labour and other relevant officials. (100) The Ministry of Public Health provides treatment to all workers regardless of their legal status. The Ministry aims to reach out to this group by providing health promotion, prevention and treatment, including immunization for children of migrant workers at their communities. (101)Thailand is considering integrating the issue of migrant workers in the draft 11th National Economic and Social Development Plan (77) Thailand is in the process of drafting a gender equality promotion bill which will prohibit discrimination on the ground of sexual orientation. (77) It is the intention of the Constitution to prohibit unjust discrimination based on gender identity, and a persons sexual orientation is not a crime. (77) People with gender identity issues still have problems in accessing some

(34) The 2007 Constitution forbids discrimination based on sexual identity and diversity. However, there is no legislation that recognizes sex change and supports same-sex marriages resulting in a wide range of discrimination against homosexual couples. (36) Thai military policies state "mental illness" as the reason for discharging transgender individuals from military services. Subsequently this causes difficulties for them in obtaining

(32) In 2009, a pride parade was blocked in Chiang Mai by Red Shirt protesters, who physically confined lesbian, gay and transgender activists for a few hours, under the threat of violence. (50) The laws and policies of the government of Thailand do not expressly discriminate on the basis of sexual orientation or gender identity. They discriminate by omission. (51) No legal recognition of same sex

20

basic rights due to discrimination, which employment. needs to be dealt with further. (35) There has been no real effort to include sex education in schools to help counter discriminatory social attitudes on issues of sexual orientation and gender identity. (35) LGBTI people do not receive adequate provision of physical and mental health care services. (37) Thailand has failed to support LGBT rights through various UN resolutions and statements.

11. Rights of the Child

Rights of the Child (60) Since becoming a Party to the CRC in 1992, Thailand has enacted new laws and amended more than 17 pieces of legislation to bring them into alignment with the CRCs provisions. (60) The most notable ones are the Child Protection Act of 2003 and the Act and the Procedure for the Juvenile and Family Court of 2010 that guarantee the rights of youth and children to a fair administration of justice. (61) Local administrative organizations are given a significant role in child protection and development like child protection committees and child and youth councils (62) The Government has set up a national committee on early childhood development. This focuses on appropriate

Rights of the Child (39) The RTG still lacks effective measures to deal effectively with social issues facing children (including the high rate of teen pregnancies and orphans in the south) (40) HIV infection among younger people is increasing and those under 18 cannot access the Voluntary Counseling Confidentiality Testing (VCCT) because the Medical Council of Thailand demands parental consent prior to the test.

relationships resulting in a wide range of discrimination against homosexual couples. (51) Thai military policies state mental illness as the reason for discharging transgender individuals from military services. (51) No real efforts to include sex education in schools to help counter discriminatory social attitudes on issues of sexual orientation and gender identity. (51) LGBT people do not receive adequate provision of physical and mental health care services by government and private health sectors. (51) Thailand has failed to support LGBT rights through various UN resolutions and statements. (51) LGBT presence in television and films is often subject to arbitrary banning and censorship. Rights of the Child (54) There are dozens of committees, subcommittees, task forces, etc., responsible to work on child and youth issues at the national level. But there is no plan/strategy to coordinate or understand the real problems. (54) The UN recommendations to make World Fit for Children has been implemented since 2,000 but thus far, there is no concrete result. (55) There are over 660,000 children and youth found addicted to drug. (55) Each year, about 50,000 children and youth committed crimes and have gone through the criminal court process. (55) Children and youth rights are violated when emergency law was declared for security reason during political rallies in cities and political unrest in Deep South.

21

development for children from 0-5 years of age by providing welfare for mothers and their children in terms of nutrition, healthcare and early childhood development centres. Special care is also given to children with disabilities. Violence against Youth and Children (65) Violence against children remains an important challenge, whether in the forms of domestic violence, child pornography, child sex abuse, or the involvement of children with narcotic drugs. (66) Telephone hot lines and public and private shelters have been set up with multi- professional teams as well as NGO networks providing support to abused children and those at risk of being abused. Child Labour (67) Thailand has made considerable progress in tackling the problem particularly through awareness raising activities and the establishment of child labour prevention networks down to the village level. A National Committee on the Elimination of the Worst Forms of Child Labour, chaired by the Prime Minister, has been set up. (67) The 1998 Labour Protection Act (2008 amendment) prohibits the employment of children under the age of 15. (68) Street children remain an important challenge. The Government and NGOs have been helping these children by providing teachers, counseling, shelters, as well as bringing them into the educational system and reintegrating them with their families.

(56) There are 100,000 children and youth affected by HIV/AIDS. Teenager newly acquired HIV are about 80,000. (56) Many specific cases of violating children's rights to privacy in the mass media that the State has no appropriate measure to deal with such problems.

Child Labour (49) On children, the RTG does not recognize child labor as Thai children are a part of the education system. In practice, child labor can be found in small enterprises and agricultural sector.

22

Children under Violation in the ThreeMost Southern Provinces (63) Efforts have been made by concerned State agencies to promote their development and protect them from violence in the area. As a result, in 2010 the number of children affected by violence significantly declined to the lowest figures since 2004. (63) Protection for schools and teachers has been provided to ensure children the right to education. (63) For children and youth who have committed crimes relating to security, the Government is fully aware of the importance of applying the juvenile justice system to such persons rather than the special security laws. Children and Problems with Legal Status (64) In 2010, Thailand announced the withdrawal of its reservation to Article 7 of the CRC, which guarantees, among others, the right of the child to be registered immediately after birth. (64) Children of migrant workers under 15 years of age can be registered along with their parents, which allows them to stay in Thailand legally and be entitled to various basic rights. (64) There is the possibility for them to obtain the nationality of their country of origin by virtue of jus sanguinis (right of blood), supported by their birth registration and nationality verification of their parents. (104)All children in the temporary shelters are entitled to be registered at birth.

Children under Violation in the Three-Most Southern Provinces (28) There have been a reported 5,111 children orphaned due to the loss of their custodian. Moreover, children age 13 and above have lost lives and been detained in the army camps with adults. (28) With the violence in the restive South, teachers remain to be assaulted and schools are frequently shut down, which discontinues the education for students. (28) Abuse of drugs in the Deep South has been rampant, with possible explanations leading towards certain groups efforts in making drugs a tactic in deterring youth from being engaged in a political conflict.

Children under Violation in the Three-Most Southern Provinces (56) A large number of children affected by unrest in Deep South and impact of Tsunami could not access to services.

Children and Problems with Legal Status (47) Thailand has begun the process of categorizing stateless persons under the refugee group classification by providing them with birth certificates upon birth. (51) Status of children who were born in Thailand from parents who did not pass nationality verification are automatically treated as illegal immigrants by the law. Despite the 2007 amendment of the Nationality Act, which allows a beneficial status to be granted to these children, the Ministerial Regulation to provide the guideline to such a provision has not entered into force.

Children and Problems with Legal Status (43) The law has not been amended to grant Thai citizenship to children whose parents are refugee or themselves refugees.

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12. Rights of Women

Policy on Rights of Women (69) The Thai Constitution guarantees equality of all persons before the law, as well as equal rights between men and women. Thailand has amended and enacted laws and developed mechanisms to help promote and protect the rights of women. (69) The country is in the process of withdrawing its reservation to Article 16 of the CEDAW on marriage and family life. (70) The National Committee on the Policy and Strategy for the Advancement of Women, chaired by the Prime Minister, is the central body responsible for policies and measures on women. (71) The 10th Women's Development Plan (2007-2011) highlights several priority areas to enable women to fully realize their human rights. (71) Chief Gender Equality Officers (CGEO) and Gender Focal Points (GFP) have been appointed in Government ministries to help promote gender equality and mainstream a gender perspective into the work of the respective agencies. (72) One notable initiative to promote the rights of women is Her Royal Highness Princess Bajarakitiyabhas advocacy of the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders, or Bangkok Rules. (73) The proportion of women in politics and public administration still remains low. The Government has carried out measures to promote greater womens

Women under Violation in the Three-Most Southern Provinces (29) More than 2,188 women (as of Sep, 2010) became widows as a consequence of the conflict. (29) They have been accused of being significantly involved in the separatist movements, which makes women as likely to be detained as men. (29) Sexual violation, including the rape of women and girls is widespread in the South; this issue is deemed as an extremely sensitive and outlawed one in the Islamic communities in the deep-South.

Policy on Rights of Women (35) Thailand has national womens machinery, progressive laws and policies on women, and nice statistics on women's achievements. But discrimination and violation of womens human rights has intensified and become even more complex. (36) The current national womens machinery is a setback from the previous one: having been put under the Ministry of Social Development and Human Security, it has no authority to ensure synergy in implementing laws and policies effectively. (37) Ministry of Social Development and Human Security has recently authored Gender Equality Bill whereby, discrimination or violation of womens human rights is not allowed except when it is for public interest, religious and academic reasons. (39) Currently, women in public decision making positions at the national and local levels are below 20%.

24

participation in policy-making (73) The proportion of women leaders in Thai civil society organizations is comparable to that of men. Women also play a leading role in campaigning for better human rights. (74) Violence against women remains a challenging issue. Various measures have been amended and developed to address this problem, such as a nation-wide campaign to stop violence against women; the setting up of the One-Stop Crisis Centre (OSCC and emergency hotlines and shelters to assist and rehabilitate victims of violence. (74) A specific plan for the development of women with disabilities has been drafted to help empower them. (76) One of the main obstacles in the promotion and protection of the human rights of women and gender equality lies in the negative stereotyping of women and gender roles within society. The Government aims to address this problem (77) Thailand is in the process of drafting a gender equality promotion bill, protecting women from discrimination. Sexual Reproductive Health (75) The National Policy and Strategy on the Development of Sexual Reproductive Health has been developed to address the problem for children and youth as an effective preventive measure. (75) Thailand is also in the process of developing the Draft Reproductive Health Protection Act to promote and protect the sexual reproductive rights of all women. It also addresses the right to education of

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13. Human Trafficking

pregnant teenagers to enable them to continue their studies in schools. (107) The problem of human trafficking in Thailand is a complex one as a country of origin, transit and destination. The problem affects the most vulnerable groups, especially women, girls, boys, migrant workers and ethnic groups. It also takes various forms, such as trafficking for sexual exploitation, labour exploitation and forced begging. (108) The fight against human trafficking began in earnest in the late 1980s and has been declared a national agenda since 2004. Relevant laws, policies and mechanisms have been constantly developed to protects all victims of trafficking regardless of gender, nationality or legal status, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. (108) The major progress being the Prevention and Suppression of Human Trafficking Act of 2008. (109) Thailand has undertaken the fight against human trafficking based on the 4 Ps 1) Policy : A National Committee have been set up to oversee anti-human trafficking efforts in an integrated manner. A national strategy on the prevention and suppression of trafficking in persons has been drafted and the Operation Centre on Human Trafficking has been established at all levels. 2) Prevention: Campaigns have been carried out to raise awareness through various media channels. June 5 of every

(32) The Thai laws are ineffectual in helping those (21) On human trafficking, nothing has been who are emotional and physical victims of done to the wrong-doers, i.e., companies, commercial sexual exploitation. middlemen as well as corrupt State officials. (32) The victims of the commercial sexual exploitation are not getting sufficient assistance, especially among the alien human trafficking victims. (32) The commercial sexual exploitation network includes officials themselves.

26

14. Rights of

year has been declared the national antihuman trafficking day. 3) Protection: The Children and Family Homes have been set up in all 76 provinces across Thailand, providing primary assistance for victims of trafficking. There are also the 24-hour Hotline Centre and 9 Protection and Occupation Development Centres. 4) Prosecution: The AntiHuman Trafficking Division has been set up under the Royal Thai Police. (109) Victims of trafficking have been allowed to remain temporarily and work in the country as stipulated by the law in order to facilitate the prosecution of traffickers. (110) Thailand has concluded MOUs at the Mekong sub-regional and bilateral levels with its neighbours on joint efforts to address the problem of human trafficking and protect and assist the victims. (111) Thailand has been successful in addressing certain aspects of the problem. Nevertheless, as the forms of human trafficking have changed and become more complicated, suppression remains a challenge. (112) A Sub-Committee to Prevent and Suppress Trafficking in the Fishing Sector has been set up to address the problem in a sustainable and concrete manner. (113) The Government has extended an invitation to the Special Rapporteur on trafficking in persons, especially women and children to visit the country in 2011. Protective Mechanisms Protective Mechanisms Protective Mechanisms (78) The Thai Constitution guarantees the (2) On the Convention on the Rights of Persons (48) The State has a passive perspective on the

27

the People with Disabilities

equality of all persons before the law, and prohibits unjust discrimination against a person because of his or her disability. (79) The Persons with Disabilities Empowerment Act of 2007 and the Persons with Disabilities Education Act of 2008. (79) The National Committee for the Empowerment of Persons with Disabilities, chaired by the Prime Minister and a sub-committee has been set up in every province of the country. (81) Social protection mechanisms for persons with disabilities have also been implemented in various forms. These initiatives have been strengthened by the participation of various stakeholders with disabilities, in line with the fundamental concept of disability-inclusive development. Education and Employment (55) Children with disabilities are entitled to free education from birth up to undergraduate level with due regard to their special needs. Special education centres in every province provide support for children with disabilities. (79) The Persons with Disabilities Empowerment Act of 2007 and the Persons with Disabilities Education Act of 2008. (80) The Regulation on the Employment of Persons with Disabilities, which requires public and private organizations to hire persons with disabilities at a ratio of 1 disabled person to every 100 employees. Welfare (78) The Thai Constitution guarantees the

with Disabilities, though has been ratified (2008) handicapped treating them as helpless or sick by the RTG, little advancements have been made. people. The independent committee has not yet been established to monitor the implementation. (38) Thailand has enacted the Disability Act (2007), but the government has taken a passive approach on this issue.

Education and Employment (38) People with disabilities to have limited access to education and employment.

Welfare (38) Disability allowance at 500 Baht per month is

Welfare (49) There are still some limitation and

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15. Economic, Social and Cultural Rights and the Right to Developme nt

right of persons with disabilities to access welfare, public services and appropriate assistance from the Government. (80) Provision of a Disabilities Allowance of 500 Baht per month to all registered persons with disabilities. (80) Provision of sign language service to facilitate access to various services; legal and other assistance; promotion of disability-friendly facilities; tax benefits; and ICT services which enhance access to information for persons with disabilities. Right to Development and Poverty Eradication (39) Thailands approach to development and poverty reduction is guided by His Majesty the Kings Sufficiency Economy philosophy, which is at the heart of Thailands 10th National Economic and Social Development Plan (2007-2011). (40) The poverty rate has been declining continuously, which has resulted in Thailand achieving MDG Goal 1 on eradicating extreme poverty and hunger. The poverty rate has been reduced from 33.69 per cent in 1990 to 8.12 per cent in 2009. (41) The Government places importance on assisting low-income and small-scale farmers to get out of poverty through various policies (41) The National Farmers Council has been set up. Education on household budget planning has also been provided so that farmers may be freed from financial burdens. (92) Ethnic people have been provided their right to development mainly through

insufficient for basic survival.

obstacles such as the paveway and facilities that are not suitable for physically challenged persons.

Right to Development (31) Big developmental projects create conflict between supporters and detractors. Threats include defamation, display and use of weapons, and threats to life. (31) When the projects severely affect the peoples health, the state and entrepreneurs refuse to pay compensation. Demanding compensation through court procedure is a protracted process. (53) Thai people in several regions of the country have had limited participation in planning development projects and as a result have received negative environmental and community impacts, including poisonous toxins from waste, job insecurity, and threats to sustainable lifestyles and culture. (53) The government has been unable to protect people from such impacts and no sustainable remedies have been provided as compensation. (54) The proprietors of big development projects are the principal parties that receive the benefits from these projects. However, they have violated the rights of the people living in the surrounding communities in their participation at all levels, from the time that the Environmental

Right to Development (41) Under the Act for Promotion and Conservation of Environment, 1992, 15 villagers of the provinces of Trang and Patthalung were arrested. (42) The mega project on dam construction in Upper North and West, e.g., Salawin Dam, will severely affect the livelihood of communities in Sob Moey district, Mae Hong Son province. They are ethnic groups with displaced status.

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royally sponsored projects. The projects have significantly increased the living standards of ethnic communities. Rights to Education (53) Thailand is implementing an education for all policy. All children must receive 9 years compulsory education and are entitled to receive 12 years basic education under the Constitution. This is further reinforced by the 15-year free education programme for all regardless of nationality. (54) Children with disabilities are entitled to free education from birth up to undergraduate level with due regard to their special needs. Special education centres in every province provide support for children with disabilities from birth, with a view to enhancing their quality of life and enabling them to co-educate with other children. (55) Muslim children in the Southern Border Provinces receive education that is consistent with their way of life, identity, culture and specific needs. The Government continues to focus on improving educational standards and promoting vocational training to achieve better job placements. A number of scholarships are provided to students to enable them to further their education. (56) As for students living in remote areas, ICT is used to manage groups of schools, with one main school acting as a hub to assist other schools in providing remote education to students. Distance and adult learning will be further promoted. (57) Challenges still exist in terms of the

Impact Assessment (EIA) has been appraised until consultations with relevant stakeholders and correspondingly the revisal of project plans. The inclusion of affected communities is necessary in the development of these projects, including the dissemination of accurate information to the people of these communities. The lack of participation or involvement in the decisionmaking process, and the biased information provided by the benefactors of the projects has caused surrounding communities to be misguided and suffer from the repercussions.

30

quality of education and ensuring equal access. (58) Non-Thais and persons without a clear legal status, including those belonging to ethnic groups, children of migrant workers as well as children who unlawfully enter the country are also entitled to 15 years education free of charge. However, much needs to be done for them to have equal access to education. (104) Children living in the temporary shelters receive education equivalent to grade 1 to grade 10. A standard curriculum both in Thai and English languages is currently being developed for further accreditation. Rights to Health (49) Three main health security systems have been provided to all Thais, namely: (1) the Civil Servant Medical Benefit Scheme; (2) the Social Security Scheme; and (3) the Universal Healthcare Coverage Scheme. (52) Thailand is also mindful of protecting the right to health of persons without a clear legal status. (50) The Government has improved the Universal Healthcare Coverage Scheme by increasing the budget to allow for a higher cost per person. (50) Health centers at the sub-district level have been upgraded to Health Promotion Hospitals across the country. (50) The Government has also provided training to almost one million Community or Village Health Volunteers. (51) The protection of the rights of HIV

Rights to Health Rights to Health (40) Health care services for migrant workers (69) Impact from FTA and Privatization of health (Burmese, Laotian, and Cambodian) do not cover service affected health care program seriously. HIV medical care, except to prevent the motherto-children transmission. (40) People living with HIV face discrimination in society for example, men with HIV are not allowed to be ordained as Buddhist monks.

31

infected persons has been addressed in the National AIDS Strategic Plan (20072011). Care and treatment for HIV/AIDS is already covered under the Universal Healthcare Coverage Scheme. (51) A monthly allowance of 500 Baht is provided by the Government to persons with HIV/AIDS. (51) Thailand is also promoting access to treatment for disadvantaged or other marginalized groups, such as prison inmates and migrant workers. (51) Thailand continues to promote positive attitudes toward persons infected by HIV/AIDS. (52) Discrepancies still exist between benefits under each health security system. Rights of Elderly Persons (83) Thailand has become an aging society with the proportion of the elderly. It is expected that by 2030, the proportion of the elderly population will increase to approximately 25 per cent. (84) Thailands policy with regard to older persons is guided by the Constitution, the 20- year second National Plan for Older Persons (2002-2022) and the 2003 Act on Older Persons, which is in line with the 2002 Madrid International Plan of Action on Ageing. (84) The Older Persons Act guarantees the rights of the elderly and the establishment of the Older Persons Fund which provides zero interest loans. (85) The second Plan focuses on long-term development. The National Commission on the Elderly, chaired by the Prime

32

Minister. (85)Approximately 6 million elderly persons are currently benefiting from this scheme (the Old Age Allowance). (86) The Government has enacted the National Savings Fund Act to serve as a mechanism to encourage all persons of working age to voluntarily contribute their savings. This will enable them to receive a lifelong monthly pension after retirement. (87) The Government plans to require the local administrative organizations to contribute financially to elderly savings in the future. The Elderly Home Care Volunteer Project was also introduced as a mechanism at the local community level. Freedom to Religious Practice, Belief and Culture (89) The Thai Constitution guarantees the right of traditional local communities to enjoy their own culture, traditions and local knowledge and the right to participate in the management and use of natural resources and the environment. (93) As most ethnic groups live on land that does not have a title deed, the Government is considering to allow the ethnic communities to legally live on and make use of the land under community land title deeds.

Freedom to Religious Practice, Belief and Culture (34) According to the Constitution, Thailand guarantees freedom of religion. However, discrimination against religious minorities persists such as in the case of Muslim women forbidden to wear Hijab in schools.

Freedom to Religious Practice, Belief and Culture (34) Authority in Samut Prakarn province banned the celebration of Mon National Day with no clear reason.

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II. RECOMMENDATIONS

Issues 1. Freedom of Expression

Royal Thai Government

-

Civil Society Coalition and Peoples Empowerment Foundation

(22) Reform the Defamation Laws by decriminalizing defamation and strengthening of legal exemptions for defamation. (22) Reform the Lese-Majeste Law and Computer Crime Act by lessening the maximum sentence of 15 years to levels in line with other constitutional monarchies. (22) Adding exemptions or exclusions from guilt and making prosecution contingent upon consent of the king, queen, or heir-apparent; and by abolishing the law completely. (30) Adopt laws for the prohibition and prevention of torture and other ill-treatment, incorporating the main elements and implementing the provisions of the UN Convention against Torture. (30) Pass legislation expressly criminalizing torture and other ill-treatment. (30) Prosecute all those responsible for torture and similar offences. (30) Establish a fact-finding committee, consisting of people from all different sectors, with results of the investigation made transparent and available to the public. (30) Release all suspects that have insufficient evidence against them and give compensation to suspects who have been wrongfully detained or found not guilty.

Civil Society and Human Rights Coalition of Thailand (CHRC)

(26) Urges the Government to review and examine the root causes of problems rather than mere censoring. The Government has to ensure that freedom of expression is one of the key fundamental freedoms in a democratic society base on Human Rights Principle and the Rule of Law.

2. Situation in the Three-Most Southern Provinces

3. Freedom of Assembly

(30) Although the promotion of justice and development have helped reduce violent incidents in certain areas, further efforts are required to improve the justice process so as to address the problem of impunity and bring justice to all concerned. (128) Accelerating efforts to address the situation in the Southern Border Provinces through peaceful means, reconciliation, understanding, the rule of law, human rights, development and the administration of justice. (128) Promoting movement toward ending the use of special laws in the area and to focus on using civilian means to address the problem. (15) Reveal the facts related to the April-May (P.10) Guarantee the rights to peaceful assembly. crackdown and hold perpetrators accountable. The state has obligation to ensure non-violence

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and Association

4. Special Laws and Judicial Procedure

5. National Human Rights Commission (NHRC) 6. Human Rights Defenders

(28) Legal proceedings and legal empowerment of the poor need to be strengthened so that they have greater awareness of their rights and have more opportunities to seek legal assistance from the State. (34) Former inmates are still subjected to prejudice and discrimination by society. Measures should be developed to assist this group of people to reintegrate into society and realize their right to sustainable livelihoods. -

(15) Do not take any actions to grant amnesty to the RTG, the army, or state officials who have violated human rights during the crackdown. (15) Provide sustainable compensation for the injured and families of the deceased. (15) Allow relevant UN Special Rapporteurs to conduct country visits to investigate incidents related to the crackdown. (15) Allow local and international organizations to visit the detainees in prisons. (30) Cease invoking the Emergency Decree of 2004 as it conflicts with the Constitution of Thailand and the basic principles of human rights, and instead, focus on the criminal trial laws and processes for the prosecution of perpetrators. (30) Amend the Emergency Decree by repealing Article 17, which grants impunity to state officials.

action from all parties. (30) The truth of what really happened on April 10 and May 19, 2010 needed to be revealed The Government has obligation to ensure peoples safety even though the unidentified non-state actor armed groups were involved

(23) Requests the State to allocate more resources to support an effective and efficient legal aid scheme. (24) Repeal all these existing laws since the criminal code is enough. (25) CHRC strongly urges the Government to review its stance and take a supportive role in illegalizing the death penalty and find appropriate measures to abolish it finally.

(76) Take up an initial role to amend the constitution regarding the Selection Process and Committee for NHRC Commissioners. (76) Refrain from influencing or controlling of NHRC through budget and resource allocation to make sure NHRC can work independently. (76) The independent monitoring mechanism of the NHRC is to be in place. (56) Should comply with the recommendations of (71) The Witness Protection Scheme provided the UN SR on HRD, including giving protection to by the DSI is needed to be improved to safe HRDs. lives of those who are in danger. (56) If there were to be violations or violence committed against HRDs, the government should trace the perpetrators and ensure justice as quickly as possible.

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7. Inhumane or Extrajudi cial Treatment and Punishment

(38) Cases concerning torture or disappearances are subjected to the judicial process which still needs to be accelerated in order to bring the perpetrators to justice and ensure justice for the injured parties. (38) There is also a need to increase knowledge and awareness of concerned officials about the countrys obligations under the CAT. (127) Accelerating reform of the justice system, mechanism and process in order to ensure good governance, respect for and protection of the rights and liberties of the people. (131) Promoting public understanding and recognition of the diversity of ethnic groups in Thai society and their basic rights in order to reduce inequalities and discrimination within society. (131) Promoting wider dissemination of the CERD.

(30) Adopt laws for the prohibition and prevention of torture and other ill-treatment, incorporating the main elements and implementing the provisions of the UN Convention against Torture. (30) Pass legislation expressly criminalizing torture and other ill-treatment. (30) Prosecute all those responsible for torture and similar offences.

(17) Call on the Government to set up an independent body to investigate over those atrocities and bring justice to the victims. (18) Strongly urged the RTG to work out a comprehensive measure to stop the use of torture as a tool for forced confession. (17) Urged the Government to withdraw the reservation of Articles 1, 4, 5 and 30. In addition, RTG should ratify Optional Protocol to allow the Prevention Committee to visit the detention centers. (22) Calls upon the Government to ratify the International Convention on the Protection of All Persons from Enforced Disappearances and to make domestic laws available in conformity with the convention.

8. Rights of Refugees, Ethnics, Indigenous and Stateless persons

(48) Allow related agencies involved in the (45) Urges the Government to ratify the registration of unregistered and newly arrived Convention on the Status of Refugee 1948. refugees access to refugees. (48) Cancel the detention of asylum seekers. (48) Become a member to the UN Refugee Convention. (48) Allow organizations working to protect refugees to give assistance to the vulnerable groups. (48) Prevent local officials from expelling refugees into further danger. (48) Formulate clear policies in assisting in the repatriation of refugees and assisting the relevant agencies to be involved in analyzing the situation for the safe return of refugees, allowing them to remain in Thailand if the situation in their home countries is not safe. (48) Give opportunity to refugees to receive basic rights. (48) Recognize human trafficking problem that persists among the Rohingya population in

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9. Labours and Migrant Workers

(46) Legal cases relating to occupational hazards need to be processed swiftly. (46) Information on worker rights still needs to be continuously disseminated. Workers should be empowered to better access the justice process. (99) Law enforcement still needs to be strengthened to provide adequate protection for migrant worker. Corruption of migrant workers by law enforcement officials also needs to be seriously tackled. (101) Thailand will also assess its readiness to become a Party to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

Thailand and establish a legal framework and effective mechanisms to deal with the issue. (48) Work toward a third-country solution to resettle Rohingya refugees. (48) Establish an appropriate registration system for stateless people. (48) Make amendments to the law to protect stateless persons and refugees from persecution, guaranteeing them basic human rights in accordance with universal standards. (48) Ratify the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. (52) Ensure protection and welfare for subcontract workers and ensure that illegitimate children will enjoy equal welfare opportunities. (52) Revise social security services to be on par with other healthcare services. (52) Sign ILO Conventions 87 and 98 at the earliest opportunity. (52) Provide education welfare to cover children of Thai and migrant workers. (52) Eliminate all forms of exploitation of migrant workers, open a migrant labor registration and ensure all fees related to the process are reasonable. (52) Promptly issue the Ministerial Regulation to determine status of children of undocumented parents. (52) Ensure that the right to register a marriage of migrant workers can be exercised and that the registrars will only ask for documents as required by the law. (52) Increase minimum wage to at least 421 baht.

(60) Ratify the ILO Convention 87 and 98. (63) The expansion of the article 40 (oft he Labor Protection Act B.E. 2541 (1998) is needed to fulfill the right to social security (64) Child Care Center should be set up in the industrial area and communities. Legislation and sufficient budget allocation is needed. Participation in the Child Care Center management of the workers organizations and community is essential. (65) Set up the plan to ensure the work safety and children development in this particular Informal Sector. (66) The State need to have the comprehensive policy to solve the problems such as nonresident status, employment, health insurance, accessible to basic rights and children development and protection (67) Set up the Human Rights Protection measures for the Migrant Workers in informal sector especially on health care and prevent human trafficking. (68) Review the Free Trade Agreement and improve the policy to promote quality of life, community and the cultural life rather than

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10. Sexual Orientation and Gender Identity

(41) Provide concrete programs of enforcement, public education and sex education on diversity issues aimed at reaching full recognition of the equal rights of LGBTI in all areas of life. (41) Recognize the new gender of transsexuals in all official documents. (41) Recognize same-sex relationships in parallel with the recognition of opposite sex relationships. (41) Abolish military policies that prescribe transgender people as "mentally ill". (41) Provide funds for the study of health care needs of and improve health care services for LGBTI communities. (41) Proactively support equality rights for IGBTI in its domestic laws and policies and in its work within ASEAN and the UN.

11. Rights of the Child

Violence against Children and Youth (61) Master plans on child protection need to be established at the local and community levels with encouragement to work more closely with the local child and youth councils. (65) This problem requires effective law enforcement as well as awareness and understanding of the laws and the exercise of child sensitivity by law enforcement officials. (65) Effort needs to be redoubled to help bring misled children back to school and to promote the role of families,

Children under Violation in the Three-Most Southern Provinces (41) Put an end to children in the 3-southern provinces from being held in custody. (41) Help families and communities to take care of children who have been affected by violence. Equality and Non-Discrimination (41) Enact a general anti-discrimination law. (41) Provide children under 18 with access to voluntary HIV tests. Child Labours (52) Provide education welfare to cover children of Thai and migrant workers to bring them access to the education system.

making profit alone. (P10) Ratify the Convention on the Rights of the Migrant Workers and members of their Families (52) Enact a general anti-discrimination law. (52) Enact a law and implement necessary policies for the full recognition of the changed sex for transsexuals for all purposes. (52) Enact a law to recognize same-sex relationships on equal basis with opposite-sex relationships. (52) Advise all media outlet that arbitrary banning and censorship based on sexual orientation and gender identity is unconstitutional. (52) Provide funds for the study of health care needs of and improve health care services for LGBT communities. (52) Proactively support equality rights for lesbians, gay men, bisexuals and transgendered individuals (a) in its domestic laws and policies, (b) in its work within the Association of South East Asian Nations and (c) at the United Nations. (58) A representative may be appointed to report on a specific situation, especially on protecting children from all forms of cruelty (57-58) Specific groups such as stateless children, children without nationality and children traumatized by political unrest in Deep South need special measures to deal with their specific problems. (57) Special attention must be paid to children and youth who are accused of committing criminal offences related to political rallies and political unrest in Deep South. They should be trialed under the principles of international laws and the universal agreement on human

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12. Rights of Women

communities and schools in preventing, protecting and assisting abused children. (65) There is a need to include the definition of child pornography in the relevant law. (66) A situation analysis of violence against children has been conducted, the results of which will help guide the formulation of a national policy. Street Children (68) This problem still needs to be continuously tackled through a systematic and effective strategy. Child Labours (67) There is a need to strengthen the work of labour inspectors. Measures to bring more migrant children into the education system are also needed. (76) The Government aims to address this problem through various means, such as: mainstreaming human rights and gender equality at all levels of education and encouraging the media to help raise awareness about gender equality. (76) Efforts have been made to engage men in addressing the problem of violation of womens rights.

Children and Legal Status rights. (52) Promptly issue the Ministerial Regulation to determine status of children of undocumented parents and revoke any law that automatically renders them illegal immigrants.

(36) Since both women and gender are crosscutting issues, there is a need for a core agency to coordinate the multiple efforts to mobilize the State structure. (37) Remove those three exceptions to meet its commitment to CEDAW (discrimination or violation of womens human rights is not allowed except when it is for public interest, religious and academic reasons.) (38) Take serious attempt to pass the Reproductive Health Bill drafted by the Ministry of Health. An independent mechanism should be set up within the Prime Ministers Office to mainstream gender into the budgetary process and to monitor development policies because human rights violations are partly the result of gender bias. (39) Promote gender equality attitude in politic and decision making process.

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13. Human Trafficking

14. Rights of Persons with Disabilities

15. Economic, Social, Cultural

(111) As the forms of human trafficking have become more complicated, there is a need to strengthen law enforcement and build the capacity of law enforcement officials.Corrupt officials have to be severely penalized. Pending human trafficking cases should be swiftly addressed in order for the victims to receive compensation and to bring perpetrators to justice. (112) In order to address the problem in labour trafficking in the fishing sector, a study is being carried out on the feasibility of setting up an Employment Centre for the Fishing Industry. (57) Children with disabilities need further support so that they can co-educate with other children without being discriminated against. (82) There is a need to increase social awareness on the rights of persons with disabilities. (82) Need to be assisted in accessing rights and welfare in accordance with the law. (82) (Need to be) Provided equal opportunities in education and employment. (82) The lack of disability-friendly facilities in public places and the inaccessibility of facilities and services are practical challenges that require greater attention. Right to Development and Poverty Eradication (39) The draft 11th Plan (2012-2016) continues to focus on people-centred development as well as people participation and empowerment to

(33) Efficiently tackle human trafficking problems and hold those who are involved in the networks accountable. (33) Increase the punishment for child commercial sexual exploitation. (33) Improve the universal treatment system, even for non-Thais, including but not limited to the prevention of re-abusing the victims by the community or the state officials. (33) Take measures to improve life-quality of trafficked prostitutes and to prevent and heal the victims of human trafficking.

(41) Cooperate with disabilities organizations to create equal education and job opportunities (41) Tackle inequality in proper health service and increase allowances for people with disabilities; (41) Make rehabilitation services accessible to migrant workers; (41) Cooperate with disabilities organizations to determine national-scale strategies for reducing the gap between laws and actual practice.

(48) Honor their human rights like others. (49) Guarantee their rights to access to public services by supporting various mechanism and instruments. This includes physical buildings, public transportation, as well as airport, public bus, toilets, department stores, schools, and universities

Right to Development (33) Set up a fund to financially protect victims of development and to take care of those whose health are affected by development projects (55) Instituting a body that deals with such issues. (55) Ensuring greater participation of all affected

Right to Development (69) All Mega Projects need prior study on Health Impact Assessment (HIA) along with Environmental Impact Assessment (EIA), Social Impact Assessment (SIA) and Human Rights Impact Assessment.

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Rights and Right to Develop ment

achieve the ultimate goal of social equality and justice. (40) Under the 10th National Economic and Social Development Plan, Thailand is committed to further reducing this rate to 4 per cent by 2011. (42) There is a need to address the fundamental structural problem of inequality between rich and poor to enable the people to enjoy their right to development on an equal basis. (42) Efforts in this regard involve decentralization of power to enhance participation of local communities in their development (42) The State has to work to amend laws and regulations to guarantee the effective participation of people in the community. (124) (...by) the Government in line with the Constitution by promoting public engagement and transparent discussions and dialogue. The work of the human rights defenders in safeguarding the rights of the people in the communities needs to be protected. (125) Ensuring social justice, reducing socio-economic disparities and uplifting the peoples well-being through developing the welfare system and structural reform of the country on political, economic and social fronts. Rights of Elderly Persons (88) It is the wish of elderly persons in Thailand for the Government to promote their right to work, right to health and the use of their knowledge, skills and expertise in the development process.

stakeholders in the decision-making process of mass development projects. (55) Granting of substitute lands for all affected stakeholders. (55) Ensure that the information provided to all affected stakeholders of the project be impartial and accurate. (55) Authorize an independent center to research proposed projects, investigate and monitor performance, and gather information from communities on the impact of proposed projects. (55) Ensure that laws and regulations, as well as environmental national action plans, are not dismissed in the implementation of these projects and require for environmental assessments to be done regularly and in a timely manner.

(69) Access to medicine, qualifies medical service and health information of all peoples including the migrant workers, stateless, refugees and indigenous people/ ethnic minorities, LGBT and the Peoples Living with HIV. (69) Establishment of such Occupational Health Care Institute is a concrete step to build up capacity to cope with the newly emerged occupational diseases. (69) Health Security should provide to Migrant Workers, Stateless persons and members of their families.

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(88) The Government needs to find ways and incentives to encourage families and communities to care for the elderly. (88) Knowledge on their rights as provided by law should be widely disseminated among the elderly. Rights to Health (52) Discrepancies still exist between benefits under each health security system. This needs to be improved so that all persons can access the same standard of medical treatment. Rights to Education (56) Distance and adult learning will be further promoted to help those previously lacking opportunities to pursue higher education. (57) Further efforts are needed to improve the quality of education and teachers, including expanding education opportunities for poor children and those living in remote areas by promoting schools within local communities. (57) Children not in the education system or who drop out from schools will be assisted to further their education. (57) Children with disabilities need further support so that they can co-educate with other children without being discriminated against. (57) The 15-year free education programme needs to be strengthened to ensure that children do receive education free of charge without any costs. (58) Currently, the Ministry of Education is promoting greater awareness among schools across the country about these childrens right to enroll in public schools

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as well as seeking measures to help them adapt and stay in school for a longer period.

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III. HUMAN RIGHTS PROTECTION AND PROMOTION MECHANISMS

Royal Thai Government

International Human Rights Mechanisms (17) Thailand was among the first 48 countries to endorse the Universal Declaration of Human Rights on 10 December 1948. (18) Thailand is currently Party to 7 core international human rights instruments, namely: 1.) the International Covenant on Civil and Political Rights (ICCPR); 2,) the International Covenant on Economic, Social and Cultural Rights (ICESCR); 3.) the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and its Optional Protocol; 4.) the Convention on the Rights of the Child (CRC) and its two Optional Protocols on the Involvement of Children in Armed Conflict and on the Sale of Children, Child Prostitution and Child Pornography; 5.) the Convention on the Elimination of All Forms of Racial Discrimination (CERD); 6.) the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT); and 7.) the Convention on the Rights of Persons with Disabilities (CRPD). (18)Thailand is also Party to the 4 Geneva Conventions of 1949. Most recently, Thailand has become a Party to the United Nations Convention against Corruption on 31 March 2011. (19) Thailand is seriously considering signing the International Convention for the Protection of All Persons from Enforced Disappearance (CED), and

Civil Society Coalition and People's Empowerment Foundation

International Human Rights Mechanisms (1) Thailand has yet to ratify at least two major international Conventions 1.) the Convention on the Protection of All Persons from Enforced Disappearance (CED), which has serious ramifications on the Thai populace, including Thai-Malay Muslims in the three southern-most provinces and other dissent; and 2.) the Convention on the Protection of the Rights of Migrants Workers and Member of their Families (MWC), which also has far reaching repercussions on Thai citizens and unregistered foreign migrant workers (an estimated 2 million plus of whom work and live in Thailand with very limited rights and protection). (2) Regarding a number of Conventions that have been ratified by the Thai state, the government has yet to pass organic law to make rights protection a reality, such as laws on torture. (2) . As far as the International Covenant on Civil and Political Rights (ICCPR) is concerned, the Thai government has submitted an Initial Report on 22nd June 2004, after a six-year delay. More notable is the absence of any attempt by the Thai government to disseminate details about the report to the wider public. (2) On the International Covenant on Economic, Social, and Cultural Rights (ICESCR), the initial report was due on December 5th, 2009, but the Royal Thai Government (herein referred to as RTG) has yet to draft it.

Civil Society and Human Rights Coalition of Thailand (CHRC)

International Human Rights Mechanisms (4) The Royal Thai Government (RTG) has ratified and acceded to 7 Human Rights instruments: 1.) International Covenant on Civil and Political Rights (ICCPR) 2.) International Covenant on Economic, Social and Cultural Rights (ICESCR) 3.) Convention on the Eradication of Discrimination against Women (CEDAW) 4.) Convention on the Rights of the Child (CRC) 5.) Convention on the Eradication of Racial Discrimination (CERD). 6.) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) 7.) Convention on the Rights of Persons with Disabilities (CRPD). (22) Enforced Disappearance, so far, is not much interested by the RTG. (18) Thailand made an interpretative declaration and reservations in Articles 1, 4 and 5 as well as the first paragraph of Article 30. (6) Thailand has not been successful in submitting most periodic reports to relevant treaty bodies on time from. Only the reports to CEDAW, CRC and initial report on ICCPR had been submitted. (7) The General Comments and Recommendations made by the Human Rights Committee at the 2307 session (Document CCPR/C/SR/2293-2307 of July 28, 2006) have not been implemented by the Government.

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ratifying it in the future. (20) The country has ratified 14 conventions of the International Labour Organization (ILO), namely Conventions Nos. 80, 116, 104, 105, 127, 14, 19, 29, 88, 122, 100, 182, 138, and 159, and intends to ratify Conventions Nos. 87 and 98. (16) Thailand is committed to the people-centred ASEAN Charter and regional human rights mechanisms within ASEAN. The country stands ready to support the work of the Thai representatives in the ASEAN Intergovernmental Commission on Human Rights (AICHR) and the ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC)

(2) On the Convention on the Rights of Persons with Disabilities, though has been ratified (2008) by the RTG, little advancements have been made. The independent committee has not yet been established to monitor the implementation as suggested in Article 34-39 of the Convention. (59)We welcome the RTGs effort in their pledges and commitments; 1.) the Second National Human Rights Plan (20092013); 2.) 3 other Conventions: - CERD - CAT - CRPD - 2 Optional Protocals: OP-CRC on the sale of children, child prostitution and child pornography, and on the involvement of children in armed conflicts 3.) their repeal on certain reservations of Article 7 in the CRC (59) There are still concerns over some of the reservations the RTG has made to the Treaties, for instance, 1.) the reservation of Article 16 and 29 of the CEDAW 2.) of Article 22 of the CRC 3.) of Articles 4 and 22 of the CERD 4.) of Article 30 of the CAT (59) We urge the RTG to ratify the OP-ICESCR International Mechanisms and Domestic Impact (57) On the SRs comment on the FOO/FOE in Thailand (referring to P. 2369 of the report), the RTG responded, on 30 April 2009, stating that the execution of the Criminal Code section 112 was an effort to protect national security. The RTG has frequently used laws that promote national security as foremost, and has often discounted the civil and political, and the ESC rights of the Thai people, which are fundamental principles. (57) The RTG should balance human rights with state

(4) Thailand signed the Rome Statute of International Criminal Court (ICC) in 2000 but has since taken no action to ratify the treaty. (12)The Government submitted its Pledge and Commitment for the candidacy of the Human Rights Council since February 2010. After the successful election on May 12, 2010, the Government joined the Human Rights Council. This Human Rights initiative is a progressive move. (80) Thailand played a vital role in the drafting process of the ASEAN Charter and the formation of ASEAN Inter-governmental Commission on Human Rights (AICHR) based on ASEAN Charter. However, it is not clear how RTG support its representative to be able to function effectively in promoting and protecting Human Rights in the region. (81) Thailand was elected as a new member of the Human Rights Council on May 12, 2010. And the permanent representative was elected as the Chair of the Council from June 2010-June 2011

International Mechanisms and Domestic Impact (4) Many provisions under the Martial Law Act and the Emergency Decree do not follow international standards of fair trial. (19)Law enforcement is still a major problem in the criminal justice system, opening loopholes for abuse of power, misconduct, unfair treatment and individual rights violation. Such violation is clearly identified in the ICCPR and the Convention against Torture and other cruel, inhuman or degrading treatment or punishment as well as the provision on

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Domestic Laws (12) The Constitution of the Kingdom of Thailand of 2007 enshrines human dignity, equality without discrimination as well as the rights and liberties of persons as stipulated in the Universal Declaration of Human Rights. The Constitution also guarantees the rights of the community to manage and make use of natural resources. (12) The provisions on rights and liberties in this Constitution can be directly invoked to bring a lawsuit in case of human rights violation. (13) Thailand is committed to promoting democracy in order to provide an enabling environment to achieve human rights and liberty for all. The Constitution guarantees the rights of the people to participate in politics, governance, formulation of public policy, as well as economic and social development planning. (13) Various independent check-and-balance mechanisms have also been set up under the Constitution. These provisions support the cause of democracy and human rights in which the public and civil society are driving forces as manifested by the political, social and economic

security. (60) The RTG should allow the SRs on arbitrary detention, extrajudicial executions, FOE, the independence of judges and lawyers, enforced or involuntary disappearances, and on torture to investigate the human rights situation in Thailand. (59) We urge the RTG to immediately follow the recommendations as laid out in the SR-HRD Report to Thailand, and to actively and effectively implement their human rights commitments and pledges. (60) We urge the United Nations to provide financial support to the Thai civil society and Thai peoples organizations on human rights via the United Nations Human Rights Fund. Domestic Laws (3) Although Article 45 of the Thai Constitution guarantees freedom of expression, in practice, the existence of Lese Majeste Law (Article 112 of criminal code) and the Computer Crimes Act B.E 2550 renders Thai citizens unable to critically discuss the monarchy institution. Most in custody under these two laws have not been recognized as prisoners of conscience. (8) The RTG has used aggressive laws, ie draconian, to govern the Thai people, imposing rule by law rather than respecting rule of law. Such actions have had negative social, political, and economic impacts on the Thai people, with human rights abuses rising over the past few years. (4) The RTG is vetting a new legislature to limit and control freedom of expression, such as the employment of the Traffic Act, the Thai Court has not attempted to oppose these developments. The RTG is currently considering passing the Public Gathering Bill; the underlying content to this Bill restricts rather than promotes the right to association. (4) The Martial law, the Emergency Decree on Public Administration in Emergency Situation, and the Internal Security Act (ISA), allow for the restriction of

Human Rights as defined by the Constitution, Articles 29 and 32. (9) Thailand has not yet invited the special procedural mandate holders such as the Special Rapporteur or Human Rights Working Group to visit Thailand. Only the Special Representative of the Secretary General on the Human Rights Defenders, Ms. Hina Jilani, was able to visit Thailand in May 2003, but did not receive enough attention from the Government.

Domestic Laws (5) The 1997 Constitution was the first constitution to include human rights provisions, albeit limited, for individuals. After the military coup detat in September 2006, the 1997 constitution was abolished and replaced by an interim one in 2006 and then the 2007 Constitution. The 2007 Constitution seems better in enumerating human rights but still remains problematic on several points. (20) Human Rights in Criminal Justice of individuals are being violated by the imposition of national security laws namely the Martial Law Act, Administrative Decree on State of Emergency and the National Security Act by allowing Searching, Arresting, Detaining of persons without the court warrant. () Besides, it is possible to be detained up to 84 days if they are charged with serious crime according to the Criminal Code, which contradicts the international standard. (24) Suppressive laws including Martial Law Act B.E. 2457 (1914), Administrative Decree on the State of Emergency B.E. 2548 (2005) and the National Security Act B.E. 2551 (2008) had been enacted

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developments in Thailand. (15) Apart from State mechanisms, the Constitution further provides space for civil society organizations to play a role in the protection of human rights in the country, by supporting networks of groups of people to monitor State power at all levels and to express their opinions and demands.

many rights and liberties of Thai citizens. These laws go against the spirit of the constitution, and though the RTG is vetting a new legislature to limit and control freedom of expression.

Domestic Human Rights Mechanisms (14) Thailand has developed various mechanisms for the protection of human rights, including independent bodies and mechanisms established under the administrative, legislative and judicial branches. Notable mechanisms include: the National Human Rights Commission of Thailand; the Office of the National Anti-Corruption Commission; the Ombudsman; the Rights and Liberties Protection Department, the Ministry of Justice; the Department of Peoples Rights Protection and Legal Aid, the Office of the Attorney General; the Parliamentary Committee on Justice and Human Rights; the Parliamentary Committee on Vulnerable Groups Affairs; the Court of Justice; and the Administrative and Constitutional Courts.

Domestic Human Rights Mechanisms (5) See National Human Rights Commission (6) Human rights NGOs have become largely divided along the red-vs-yellow political line, causing them to ignore HR principles when acting in loyalty to a red or yellow position. (7) The Courts of Law are increasingly regarded with distrust by a growing number of citizens due to the recent alleged double standards in the decision of several cases, (58) he Second National Human Rights Plan (20092013) pays great emphasis on the open participation from stakeholders in every sector, which is considered a big leap for the Thai civil society; however the actual participation process is incomprehensive, not prolonged, unsystematic, hierarchical, and lacks proper consideration of the peoples opinions.

quite regularly during the unrest in the last 3-4 years. (26) The Lese Majeste law has been used as a tool to punish political dissents. (37) Ministry of Social Development and Human Security has recently authored Gender Equality Bill whereby discrimination or violation of womens human rights is not allowed except when it is for public interest, religious and academic reasons. (41) On October 1, 2004, the Department of National Parks, Wildlife and Plants, Ministry of Natural Resource and Environment, declared a model to assess the value of certain environmental loss due to clearing the forest that happened under the Act for Promotion and Conservation of Environment, 1992. This has already happened in 2009 when 15 villagers of the provinces of Trang and Patthalung were arrested and the court imposed excessive fine for this penalty. Domestic Human Rights Mechanisms (13) See National Human Rights Commission (14) the Department of Rights and Liberty Protection (DRLP) was established under the Ministry of Justice to be responsible for promoting Rights, Liberty and Justice Administration. (15) The recommendation from the National Reconciliation Commission (NRC) led by former Prime Minister Anand Panyarachun, was not well accepted and implemented. (23) The budgetary allocation to the police, prosecutors, court, Correction Department under Ministry of Justice seems to be imbalance and inappropriate. Legal Aid received very little attention from the State. For instances, in 2011, the National Police Office got75% of the budget while Ministry of Justice only 17%, Prosecutor 6%, Court 2%, National Human Rights Commission 0.2% while the Law

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(60) The RTG, in collaboration with the civil society, should provide education to the Thai people on human rights mechanisms, ensuring that the dissemination of this information be reached to all target groups.

Council of Thailand (legal aid provider) got only 0.06% (11) The Second National Human Rights Action Plan (NHRAP) covering 2009-2013 was adopted by the cabinet in October 2009. The Prime Minister Abhisit Vejjajiva launched the National Action Plan on July 19, 2010 to engage all ministerial departments in this campaign. However, it is not clear how the Action Plan will be enacted and implemented accordingly. (36) having been put under the Ministry of Social Development and Human Security (MSDHS), it has no authority to ensure synergy in implementing laws and policies effectively. (77) Previous Governments didnt response positively to the reports and recommendations from the National Human Rights Commission. However, even the current Government just acknowledged but didnt take much active role in response to substantive recommendations made by the NHRC and civil society (78) So far, Ministry of Justice and Ministry of Foreign Affairs seek collaboration with Human Rights NGOs on some particular issues. However, collaboration needs to be strengthened at both policy and implementation levels. (82) Policies also put in place when the cabinet (October 2009) approved the 5-year National Human Rights Action Plan (NHRAP) covering 2010-2014. There is no clear mechanism for such implementation.