Revoke Emergenc declaration & restore human rights and rule of law in Thailand
We, the undersigned 30 organizations, groups and networks, are extremely perturbed about the deterioration of human rights and universally recognized freedoms in Thailand .
In response to people’s exercise of their freedom of expression, opinion and peaceful protest, the government of Thailand had responded with force and violence, that to date has resulted in about 88 deaths, majority of whom were civilians, and injured some 1,800 people.
On 7/4/2010, the Thai government invoked Thailand's Emergency Decree on Public Administration in Emergency Situation, B.E. 2548 (2005), and placed Bangkok and 23 other provinces under a State of Emergency, allegedly to deal with the anti-government peaceful protests led by the United Front for Democracy against Dictatorship(UDD). The ‘red-shirt’ protest was crushed by the Thai government using the military on 19/5/2010. On 6/7/2010, the Thai government has unreasonably extended the state of emergency in 19 provinces, including Bangkok citing, the reason for doing so was "to prevent possible violent or unlawful activities."
On 13/7/2010, the Thai government announced that the emergency decree in the three southern border provinces of Pattani, Yala and Narathiwat for another three months, from July 20 to Oct 19. These regions have been under a state of emergency for the last 5 years.
Thailand's Emergency Decree On Public Administration In Emergency Situation
The declaration of a state of emergency allows the Prime Minister and his Council of Minister wide powers that include prohibition of movement, assembly, peaceful protest, freedom of expression, flow of information, restriction on press freedom, arrest and detention without trial for up to 30 days, power to summon persons to go to the authorities and/or to produce documents, power to violate privacy of personal communications and to suspend any contact or communications.
The United Nations Human Rights Committee that considered Thailand’s Emergency Decree, and in their report [CCPR/CO/84/THA/2005] did say that it , “….does not explicitly specify, or place sufficient limits, on the derogations from the rights protected by the Covenant [International Covenant on Civil and Political rights] that may be made in emergencies and does not guarantee full implementation of article 4 of the Covenant. It is especially concerned that the Decree provides for officials enforcing the state of emergency to be exempt from legal and disciplinary actions, thus exacerbating the problem of impunity. Detention without external safeguards beyond 48 hours should be prohibited (art. 4)….” As the Emergency Decree has not been amended, these observations are still valid today.
On 18/7/2006, the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, issued a press release calling on Thailand "to repeal emergency regulations that violate human rights law". The Special Rapporteur also noted that the government had "failed to act on previous calls to bring its emergency regulations into compliance with human rights law" and that, "The emergency decree makes it possible for soldiers and police officers get away with murder… Impunity for violence committed by the security forces has been an ongoing problem in Thailand , but the emergency decree has gone even further and makes impunity look like the official policy."
Arrest & Detention
The government, using the powers it has under the Emergency Decree, have arrested and detained over 400 persons without charge for up to 30 days in unofficial places of detention. The Emergency Decree removes the right to challenge a detention before a court (habeas corpus). Moreover, the Emergency Decree fails to provide sufficient protection to prevent abuse and mistreatment. Unlike Thailand 's Criminal Procedure Code, the Emergency Decree provides no assurance of prompt access to legal counsel and family members, or effective judicial and administrative safeguards against the mistreatment of detainees, as required by international law.
What is most disturbing is that these arrests are still continuing, and it has now extended to persons who were not even directly involved in the unrest but also persons who have expressed some opinion on the situation in Thailand . Human Rights Watch recently also stated that they have “…received disturbing reports that journalists, photographers, and medical volunteers have also been ordered to report to the authorities after they publicly stated that they witnessed abuses committed by the security forces.”
The numbers of persons that have been arrested by reason of a violation of a Regulation, Notification or Order under the Emergency Decree, which is an offence that, if convicted, carries a penalty of ‘…imprisonment for a term not exceeding two years or to a fine not more than forty- thousand baht, or to both…’. is also not known.
Press Freedom & Freedom Of Expression
The right to freedom of expression is essential for the functioning of democracy and guaranteeing other fundamental human rights. However, section 9(3) of the Emergency Decree allows censorship for extremely vague reasons such as "causing misunderstanding of the emergency or affecting the public morals of the people", which can easily be used to limit legitimate political expression. We are troubled by the fact that the government’s Center for the Resolution of Emergency Situations (CRES) has applied restrictions on free expression rights both in the area where an emergency situation has been declared and throughout the entire country. There are reports that more than 1,000 websites, a satellite television station(PTV), online television channels, newspapers, magazines, and community radio stations have been closed down.
PTV (also known as People Channel), a satellite TV station, has been closed under the state of emergency.
The government had also blocked at least 36 websites under the state or emergency including Prachatai (www.prachatai.com), Sameskybooks (www.sameskybooks.org), Norporchorusa (www.norporchorusa.com) and Weareallhuman (www.weareallhuman.net). It is said that the order came from the Ministry of Information and Communication Technologies (MICT). Any attempt to access the affected sites from within Thailand yields the message “This website has been blocked by ICT & TOT.”
The recent violence has also resulted in the deaths of 2 foreign journalists, Hiroyuki Muramoto and Fabio Polenghi and injuries to at least 8 other journalist. The recent Investigation Report issued by Reporters Without Borders in July 2010 entitled ‘Thailand License to Kill’ raises much unanswered questions about actions of the Thai military and other unidentified persons during the recent unrest. It is disturbing to note that to note that autopsies are still not available, and investigations into these incidents have yet to be completed.
On 13/7/2010, Prachatai said that as the government was hunting for people making comments online, it had decided to close the web board for the safety of users. This is yet another example of the killing freedom of expression and violation of privacy in Thailand using the Emergency Decree.
Transparency requires that the Thai government reveals in detail the list of websites, blogs, e-mail accounts and other internet services that they have invaded, hacked and/or tampered with in its exercise of the powers it has under the Emergency Decree.
Independent Inquiry
There is a need that there be an independent inquiry into all the deaths, injuries and damages to property caused during the recent unrest. It is not proper and will be unsatisfactory for the Thai government to have their own internal investigations, given also the fact that many of the accusation of wrong doing seem to be levied against the current government and its military. It may be best that the United Nations or the ASEAN, be called to conduct an open public inquiry into the unrest, which must definitely include separate inquiries into each of the deaths and serious injury cases. Alternatively, an international panel of reputed persons could be tasked to do this.
This inquiry must also try to identify the alleged armed persons, who the Thai government claims are part of the red shirt protesters, and is the justification for the use of live bullets in the crackdown on the protesters. The inquiry must also identify those responsible for the actions of damaging public and private property. The possibility that ‘agent provocateurs’ were involved must be considered.
In the interim, Thailand must assure that the evidence is not tampered with and/or destroyed. Proper autopsies need to be conducted. It was disturbing to note that in the case of Fabio Polenghi, the Italian photographer, his body was cremated even before the family members were supplied with a thorough autopsy – thus, depriving them the right to request/conduct a second autopsy.
Adequate Compensation For Victims
Whilst the Emergency Decree states the officials protects from ‘civil, criminal or disciplinary liabilities’, it ‘…does not preclude the right of a victim to seek compensation from a government agency under the law on liability for wrongful act of officials…’ A closer reading states that these persons are not protected if their actions/omissions were not done in good faith or was discriminatory or excessive or unreasonable. There should be no protection certainly for those who shot unarmed persons, and in some cases more than once. There should be no justification for the shooting of medical personnel and members of the press.
As such, we the undersigned organizations, groups and networks called upon the government of Thailand to :-
* Immediately revoke the declaration of emergencies in Thailand ;
* Immediately and unconditionally release all persons detained under the Emergency Decrees;
* Restore full press freedom and freedom of expression by allowing all television/radio stations, publications, media portals, blogs, etc, especially those that were shut down by reason of the Emergency Decree and/or the recent fiasco in Thailand , to immediately function normally without any conditions and/or restrictions.
* Reveal in detail the list of websites, blogs, e-mail accounts and other internet services that they have invaded, hacked and/or tampered with in its exercise of the powers it has under the Emergency Decree, and provide adequate compensation.
* Constitute an independent international panel of inquiry to conduct an open public inquiry into the unrest, which must definitely include separate inquiries into each of the deaths and serious injury cases.
* Pay adequate compensation for the loss of life and injury to victims and/or their families/dependents during this fiasco,
* Pay adequate compensation for the deprivation of liberty under the Emergency Decree,
* Pay adequate compensation for loss and damage of property, including also loss of business and/or income which was caused by reason of actions and/or omissions of the government and its officials during this fiasco and/or during the period of Emergency,
* Repeal immediately the Emergency Decree on Public Administration in Emergency Situation, B.E. 2548 (2005)
Charles Hector
For and on behalf of the following 30 organisations
ALIRAN, Malaysia
Asia Pacific Mission For Migrants
Asia Pacific Research Network
Asian Regional Exchange for New Alternatives (ARENA)
Association Of Indonesian Migrant Workers In Hong Kong , Hong Kong
Burma Campaign Malaysia
Center for Orang Asli Concerns (COAC), Malaysia
Clean Clothes Campaign - International Secretariat
Community Development Centre (CDC), Malaysia
Friends of Asia, South Korea
IMA Research Foundation , Bangladesh
JERIT (Jaringan Rakyat Tertindas), Malaysia
Labour behind the Label
Malaysians Against Death Penalty and Torture (MADPET)
Migrants Center in Gyeonsan , South Korea
Migrant Forum in Asia (MFA)
Migrants Trade Union( MTU), South Korea
Network of Action for Migrants in Malaysia (NAMM)
Parti Rakyat Malaysia (PRM)
Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS), Malaysia
Persatuan Sahabat Wanita Selangor, Malaysia
Pusat KOMAS, Malaysia
Shan Refugee Organization (SRO) Malaysia
Solidarity with Migrants, South Korea
Tenaganita, Malaysia
The Filipino Women's Organization in Quebec
UCCP CO-mission worker with PRRK, Philippines
Writer Alliance for Media Independence (WAMI), Malaysia
Workers Hub For Change (WH4C)
Working People Association, Indonesia
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In response to people’s
In response to people’s exercise of their freedom of expression, opinion and peaceful protest, the government of Thailand had responded with force and violence, that to date has resulted in about 88 deaths, majority of whom were civilians, and injured some 1,800 people.
Now there has been another death... the 89th?
Now, exclaims the Bangkok Post in audible relief, a bomb blasts hope of lifting decree.
Who are we to think has set this bomb? Pol Gen Panupong said, "[T]here were few people in Thailand who possessed the skills to assemble a bomb of this nature". And all military men, no doubt.
I'd look at the Thai military... at the CRES itself straight away... if I were charged with investigating this crime.
Who are we to think has set this bomb? Surely people with no qualms at the cold-blooded assassination of innocent Thais. The CRES fits that bill.
Who are the "beneficiaries" of the death of Thawatchai Thongmak, the 89th victim massacred in Bangkok over this spring and summer? The CRES has been concerned at the clamor from all quarters to end its monstrous Emergency Decree, the evil spawn of Thaksin.
Unsolved murders are the norm in Thailand, this may be just one more. Or someone may found and charged.
But who are the "masterminds" of this bombing?
The Bangkok Post, stooges of the military for six decades, gleefully asserts that "it becomes clear that the blast has removed all hope of ending the state of emergency anytime soon."
After the May-situation in
After the May-situation in Bangkok, I read a lot to make my thesis, Violence, Political Culture and Military Power in SEA, perfect, but I found that the details of many articles were against each other like therekre some bias in those articles, eventhough the writers in the same university. Such like, Peter Warr and Andrew Walker, who work in the same Australian National University (ANU). Especially, last week when Peter Warr wrote an article in East Asia Forum to identify who Redshirts are and they understand Gandhi or not. So, who I can beleieve and who will make a histry education worthless. Thank you.
Why, Ben, as a senior
Why, Ben, as a senior student, would you expect all academics in a relatively free country to speak with the same voice? If that is what you seek, your Hons program has failed to teach ideas about critical thinking. A good student doesn't "believe". Rather they assess, criticize, debate and come to a conclusion based on the available arguments and evidence.
Why, Ben, as a senior
Why, Ben, as a senior student, would you expect all academics in a relatively free country to speak with the same voice? If that is what you seek, your Hons program has failed to teach ideas about critical thinking. A good student doesn't "believe". Rather they assess, criticize, debate and come to a conclusion based on the available arguments and evidence.
The destruction of Thai
The destruction of Thai democracy
There are many people who used the red shirts as the vehicle of their own ambitions, from Thaksin to Seh Saeng on down. The red shirts cannot be effective until they lead themselves.
The charge that the PAD is undemocratic is in no need of proof. The charge of the red shirts not being democratic must be leveled against the non-leader "leaders" of the movement.
Why were none of the decisions taken by "the red shirts" arrived at democratically? Why was there never a vote at "their" rallies over the course of action that should be taken?
Because the people in control of the rallies, the "leaders" according to Peter Warr and the MSM, were and are interested in the red shirts as the means to their own ends and in democracy only as a weaponized word with which to smite their enemies.
The red shirts, the people who wore and wear the red shirts, are alive and well and in the majority in Thailand. They will generate their own leadership and when they do they will be unstoppable. They will take their country in hand and make of it what they will.
Mr. Lee I find your comments
Mr. Lee I find your comments to be a gross generalization of the facts. You claim that the entire Red Shirt leadership was purely self serving but you offer no facts to substantiate such claims. How would it be possible to hold a "vote" during such a fluid event? The rally participants were also made up of Bangkok residents and had to come and go depending on their work schedules or private lives. To hold a mass vote of thousands of Red Shirts would be time consuming and inefficient.
To say that the Red Shirts did not pick their own leaders is incorrect. While, there was not an official vote to pick leaders, the participation of tens of thousands of Bangkokians and rural Thais affirms that these leaders were fully supported by the majority of people. If they had not supported these leaders they would not have come in the first place. You also forget that many of Red Shirt leaders were formerly elected officials that had been banned under a military installed judiciary. The fact that these leaders won elections at the ballot box adds to their legitimacy in the Red Shirt movement.
You are correct that some of the Red Shirt leadership is self serving but the majority of the leaders sacrificed much and continue to sacrifice still. Seh Daeng gave his life for the movement and others have given their freedom and economic security to continue their noble cause. It must also be noted that 2nd and 3rd tier leaders are currently jailed, being hunted or assassinated in the provinces.
Your comments really are a slight to the lay Red Shirt followers. The continued perception that they were and are provincial hicks easily duped is bigoted and condescending. While, they might not have the educational degrees of academics they certainly understand that they live under severe inequality.
History shows us that all democratic movements are not without their mistakes, violent element, and self serving charlatans. Many journalists continue to reference Ghandi but they forget that his followers slaughtered thousands of Muslims during their struggle for democracy. Ghandi was not a perfect non-violent leader.
Mr El Bee: I refer chiefly to
Mr El Bee: I refer chiefly to Thaksin and his hirelings and hangers on as the false "leaders" of the red shirts. I agree that Weng and some of the others seem to be genuinely a part of the red-shirted cause.
Democracy's the challenge, isn't it? Every evening there were huge crowds present at Ratchaprasong, harangued by endless speeches covering the same ground over and over again.
Every red shirt was issued a membership card upon payment of a fifty baht membership fee and that card could have served as the credential for voting. Voting would have given a good sense of the feeling of ordinary red shirts and, as importantly, exercised the sinews and muscles of the body democratic. Going through the motions strengthens the habit and creates expectations for the future. That it was not undertaken at all demonstrates that the authors of those endless harangues had not democracy in mind.
That many of these hacks were in "leadership" positions before and after the judicial coup decapitated the PPT demonstrates the defensive nature of voting in Thailand more than it demonstrates any sort of positive popular choice.
My remarks are not in any way meant to slight the lay red shirts... who are not "followers" at all, in my view, but nascent leaders themselves, doing the best they can with what they have. They have, as we Americans have, no possibility of representation from their political class, and so have constantly to choose those who seem likely to do them the least immediate harm. The red shirts came out to support their cause, not their leaders.
You go to protest with the "leaders" you have, to paraphrase what's his name... the criminal Bush's first criminal Secretary of War. I would not have picked Seh Daeng as an exemplar of democratic virtue. I think of him as a consummate opportunist, himself the slayer of Thais in Isaan.
I certainly agree that the road to democracy is a rocky one. I furnished the article above in response to Ben Connely's citation. What struck me about it was not its impossible invocation of Ghandi but the bald assertion by an agricultural economist from Australia (scratch any anthropologist in Australia and you'll find an economist, apparently) that an election is absolutely necessary by November, if not sooner.
Which is, of course, the reason for the Thai red spring of 2010, the reason the red shirts took to the streets to begin with.
I agreed with much Mr LB says
I agreed with much Mr LB says so I am relieved JFL in reply has noted that "Weng and some of the others seemed to be genuinely part of the Redshirt cause" because this is how it appeared to me.Commentators elsewhere though have speculated that Thaksins influence was the main cause for the Red leaders not accepting the early election baited by Abhisit.Sighting a split between Veera and the rest siding with Thaksin.I dispute this only because of gut feeling and think that this life and death struggle must be more than just about duty to an employer.( if he was their "employer")Victory was their goal and without victory for the Reds,there would be no victory for Thaksin.A decision about tactics rather than allegincies.They appeared to have their own minds,and Nattuwat Saigur speeches were exceptional, emotional and seemed to come straight from the heart. I have to admit on the other hand that Thaksins name was used quite frequently on stage in the early stages of the demo.But to say Thaksin was pulling the strings 100% would be in my opinion slanting a story aka Thai MSM ..As I say Victory must have been everyones main goal......and yes it will come one day.
...and a good idea to have a
...and a good idea to have a democratic vote by cardholders...
Commentators elsewhere though
Commentators elsewhere though have speculated that Thaksins influence was the main cause for the Red leaders not accepting the early election baited by Abhisit. Citing a split between Veera and the rest siding with Thaksin. I dispute this only because of gut feeling...
I think that's all anyone of us on the outside has on this "bungle".
I note Jutaporn's apparent instrumentality in blurring the focus of the rally and its subsequent collapse just when victory was within grasp.
I note that Jutaporn was bailed, unlike the others.
I have a gut feeling that he, like Newin, was made an offer... that he found just too attractive to refuse.
Yeah... an election would have been nice. The reds could have had one and decided what to do themselves.
But the reds were sold out by their "leaders". Again.
Just my gut feeling...
There is NO WAY Abhisit and
There is NO WAY Abhisit and the elite would have given the Red movement the chance to form a goverment.I said Abhisit "baited" them with November elections because this was just a cynical move to get them out of Ratchaprasong then postpone the election and inprison them without the wasted expense of the high velocity bullets.The leaders choices then were to get ripped off without a fight,knowing Abhisit is a compulsive liar.Or hope that the crowds and army would revolt.Or the only realistic hope that international mediation could somehow force the goverment into retreat.I sincerly hope your hunch is wrong JFL about Jatuporn by the way.
I think the "offer" of
I think the "offer" of elections in November was lawyerly contingent and designed to fail. The task before the red shirts at the time was to get Abhisit to provide dates certain for the dissolution of the parliament and for the ensuing election... or not. In the event that the dates were provided the red shirts were to declare victory, return home, and prepare for the election. In the event not, the red shirts were to stick by their demands and wait the government out.
Instead the "leaders" purposefully, it seems to me and in coordination with Suthep, muddied the waters and snatched defeat from the jaws of victory. Why? The only reason I can see is betrayal.
You may argue that the government may have given dates certain for dissolution and election, got the red shirts out of town, and then betrayed them. That may well have been the case, but it still would have led to victory for the red shirts, for they would truly have had one million people on the streets of Bangkok when the government reneged... an international party, joined by tourist kids from Ko Samui! or they'd have had an election.
Jatuporn seems to have been at the center of the collapse. Jatuporn walks free today while Weng and the others are in unbailed, imprisoned, in irons.
My gut feeling is the reds were betrayed by Jatuporn and others of their "leaders". Will we ever know... ?
P.Thai: Govt to stay on until
P.Thai: Govt to stay on until next April
Why next April? Is that the deal that Chalerm has cut with The Regime? It's hard to take Chalerm seriously as a "servant of the people".
It's impossible, in fact. He is the man with the violent sons who literally get away with murder, is he not? The man who originally "sold" Thaksin his license to steal via AIS?
I don't doubt for a moment that he would sell out anyone and anything in a heartbeat if it looked like it would pay.
This is the kind of "leadership" the red shirts have got to replace with bona fide phrai if they are to have any chance at all of accomplishing their political aims.
A transition from the present Regime to one led by the likes of Chalerm will be out the fire and into the frying pan, at the very best. Or, more likely, a miss and a fall back into the flames.
US Grows Isolated on
US Grows Isolated on Aggressive War
Though the Thai
By the numbers the massacre
By the numbers the massacre in Bangkok was a monstrous crime, generating massive trauma for the Thai people.
I'm sure you got the idea.
Has Prachatai been un-blocked
Has Prachatai been un-blocked by ICT and CRES because this great portal has decided to remove its web-board ?
I have no doubt that is true.
I have no doubt that is true. But I'm sure the unblocking is not the quid pro quo for the portal's being dropped.
Remember that The Regime is in the position to lock up the principals of Prachatai and to throw away the key... as always, crushing non-compliance with Regime guidelines via persecution for lèse majesté.
I imagine that a "promise" not to imprison the principals has been made in return for pulling the plug on the web-board.
I imagine Prachatai is like rape-victim. In "disgrace" at having been so vilely dealt with at the filthy hands of thugs.
The problem with accepting assurances from the blackmailer, the rapist, that "this will be the last time" is that such assurances come from unprincipled thugs. They mean nothing. The "beauty" of lèse majesté persecutions is that there is no statute of limitations on "crimes" of lèse majesté. They go on forever. One is never free of the stigma. it is rather like being charged with having a criminal essence, like that of being a Jew in Nazi Germany. You cannot stop being a Jew. You are Jewish "in your genes". The prosecution can be resumed at any time. We are dealing with inquisitors and torturers... there are no bounds to the evil lengths to which The Regime will go to stifle descent.
The web-board was in Thai. We are allowed to babble here in English... it lends a thin veneer of tolerance to The Regime. If I'd written this in Thai I'd be in the gulag. Or the principals of Prachatai would be. Better yet... they'd be threatened with being in the gulag. Much more effective to dry up the spring than to swat a bug floating in its stream.
I have no criticism of Prachatai. They have already proven their mettle. They are better people than I am. But I think that they, that all of us, need to find some way, as a rape-victim does, to wash off the filth of our assailants.
Folks clinging to the
Folks clinging to the delusion that Thailand is not under military rule must give it up.
US swoops to grab Bout
Behold, beware Myanmar's
Behold, beware Myanmar's fourth empire
Behold, beware the new
Behold, beware the new Siamese empire