The Ministry of Foreign Affairs of the Kingdom of Thailand noted with dismay the World Report 2018 recently released by Human Rights Watch (HRW). The report generally contains sweeping and ungrounded allegations as well as politically biased accusations. Like last year's report, the narrative missed the prevailing facts on the ground and intentionally ignored progresses, positive developments and efforts undertaken by the Thai Government. 

 

In fact, since last year, the Foreign Ministry has set up a regular channel to interact with a number of civil society organizations, including HRW in Thailand. At the meetings, representatives from National Council for Peace and Order (NCPO) as well as agencies concerned participated and sincerely exchanged views and information. Regrettably, information provided at those meetings which can readily clarify many points raised in the report have not found its way to HRW writers who may sit elsewhere across the world drafting the report, ignoring once again positive developments on the ground. Worse, in reality, it is more often than not disregarded. 

 

Thailand realizes that, like any country, there is still room for improvement in terms of human rights promotion and protection. That is why the Government has, since last November, declared human rights as a national agenda for the years 2018-2019. Human rights in other words will be mainstreamed in and strengthened by all national endeavours. 

 

The new Constitution of 2017, which passed national referendum at 61% approval rate in August 2016, reaffirms Thailand’s human rights commitment by underlining the principles of equal rights and protection under the law, non-discrimination, prohibition of torture, and freedom of religious beliefs, among others. It also upholds the rule of law, stipulates the administration of justice and the provision of legal assistance to ensure better access to justice for all. 

 

Efforts have also been made to continue to relax some measures and restrictions that were put in place to maintain law and order after years of political conflicts and violent street protests. For example, offences previously under the jurisdiction of the Military Court have all been transferred under the Judicial Court of Justice, if committed on or after 12 September 2016. 

 

The draft Act on Prevention and Suppression of Torture and Enforced Disappearance has been approved in principle by the Cabinet in May 2016 and deliberated by the National Legislative Assembly in March 2017 and was sent back to the Ministry of Justice for further improvement. The draft Act is currently under review by relevant Government agencies and subject to a public hearing in line with Section 77 of the Constitution. Meanwhile, under the instruction of the Prime Minister, the Committee to Receive Complaints and Investigate Allegations of Torture and Enforced Disappearance was established in June 2017 with the mandates to receive complaints, perform fact finding, provide assistance and remedies, and protect the rights of people affected by acts of torture or enforced disappearance.  

 

The enactment of the National Human Rights Commission Act is another effort to strengthen the commission to meet standards set out under the Paris Principles. Views and comments by various interested parties including NGOs and the Office of the High Commissioner for Human Rights (OHCHR) in Bangkok were also received and taken into account during the drafting process. 

 

On business and human rights, the Government has made continuous efforts to promote human rights principles in the business sector and raise awareness among all relevant stakeholders. Particularly, the Declaration on Cooperation to Promote the UN Guiding Principles on Business and Human Rights (UNGP) was signed by relevant ministries, business chambers, the National Human Rights Commission, and the UN Global Compact Network Thailand. The Ministry of Justice has set up a National Committee designated to move forward a business and human rights agenda in line with the UNGP. The process of drafting a national action plan on business and human rights is ongoing and expected to be completed by the end of this year. Thailand is also receiving a visit of the UN Working Group on Business and Human Rights this year, after a long absence of visits of UN human rights mandate holders, testifying to the Government's full commitment and transparency in this regard. 

 

In the area of justice, we have tried to strengthen our delivery of justice. Thanks to a strict case management policy, trials have been accelerated. In the first half of 2017, 99% of cases at the Court of First Instance and the Court of Appeal were adjudicated within one year. 

 

In addition, the Justice Fund and the Anti-Trafficking Fund have been established to provide victims not only monetary remedies but also necessary assistance for victims, such as rehabilitation, reparation, and reintegration to the society. 

 

Drug prevention and control policy has also been adjusted towards a more health-based approach, stressing a balance between supply and demand reduction and taking into account cross-cutting issues such as human rights, youth, children, women and communities while applying drug policy. Voluntary drug treatment and rehabilitation has been promoted. Proportionate sentencing principle is applied for minor drug offenders.  

 

On migration issues, Thailand has been cooperating closely with key international organizations especially the International Organization for Migration (IOM) and the Office of the United Nations High Commissioner for Refugees (UNHCR) to provide legal protection, and access to services and care to those with genuine need for protection. Our contribution is repeatedly acknowledged by the two world organizations. 

 

Thailand has, for the past 4 decades, provided shelters to over 1,000,000 displaced persons from various countries. We still provide care, services and shelters for approximately 100,000 displaced persons from Myanmar today. Additionally, we also shouldered a large group of maritime irregular migrants from Myanmar and Bangladesh, as well as play host to approximately 7,000 Persons of Concern of UNHCR in urban settings today. 

 

Despite the heavy burden on our resources, we continue to work closely with all partners based on human rights and humanitarian grounds including UN bodies and CSOs on key issues, such as an effective screening system for victims, refugees and asylum seekers, alternative approaches to detention with a particular emphasis on the best interest of the child and family, campaigns to end statelessness, expansion of regular, safe, legal and orderly migration pathway, to name but a few. 

 

Over the past few years, Thailand has practically turned over a million of undocumented migrant workers to documented ones, enabling them to be legally protected and to have access to healthcare from the Thai public health system. Migrant children also have access to education in Thai school system. IOM has often cited Thailand as a true champion in migrant health access. 

 

Additionally, labour MoUs with Thailand’s immediate neigbours have expanded more avenues for legal labour migration. To date, there are now more than 550,000 migrant workers who are working in Thailand under the MoU arrangements. 

 

On the legislative front, enactment of the Royal Ordinance on Bringing Migrant Workers to work with Employers in Thailand (2016) and the Royal Ordinance on Foreign Workers Management (2017) are some key examples of the Thai Government’s efforts to improve and ensure that Thai labour standards are in line with international ones. Furthermore, Thailand is also hard at work towards ratifying within 2018 ILO Convention No. 188 concerning Work in Fishing and Protocol to Convention 29 concerning forced labour. 

 

The Government also attaches importance to capacity-building and technical cooperation in support of the promotion and protection of human rights. Year round training workshops on human rights standards and obligations have been organized for security, military, and law enforcement officers nationwide. 

 

These are only a few examples of the steps that Thailand has taken in the promotion and protection of human rights which are once again dearly missing from the HRW 2018 Report, not surprisingly given HRW’s obvious political bias. 

 

Nonetheless, Thailand reaffirms our commitment to continue to promoting and protecting human rights in line with our international obligations for the benefits of our people and the Thai society. While we shall continue doing so, it is equally important for all to fully assume responsibility to respect the rule of law, peace and security of the nation, and rights of fellow citizens. We do not condone those who claim to work for human rights, and in the name of human rights with hidden agenda and we find such actions deplorable.