Human Rights Promotion in Thailand

The Universal Declaration of Human Rights and other International
Instruments on Human Rights

- In 1948, together with other 47 United Nations member states, Thailand voted in favor of the Universal Declaration of Human Rights, which has served as the foundation for the protection of the inherent dignity, and the equal and inalienable rights of all peoples.

-   Thailand  adheres  to  the  principles  enshrined  in  the Universal Declaration of       Human Rights.

- Thailand has been proactive in becoming a Party to international human rights instruments and has already acceded to five core UN human rights instruments as follows:

1) Convention on the Elimination  of  All  Forms of  Discrimination  against Women (CEDAW) on 8 September 1985 and its protocol in 20 December 2000

2) Convention on the Rights of the Child (CRC) on 26 April 1992 and is in the process of taking necessary measures at the domestic level to sign and ratify its two Optional Protocols (the Optional Protocol on the Involvement of Children in Armed Conflict and the Optional Protocol on the Sale of Children, Child Prostitution, and Child Pornography)

3) International Covenant on Civil and Political Rights on 29 January 1997 (ICCPR)

4) International Covenant on Economic, Social and Cultural Rights (CESCR) on 5 December 1999 and

5) International Convention on Elimination of All Forms of Racial Discrimination (CERD) on 28 January 2003.

- Thailand is also considering signing and ratifying the Convention against Torture, Degrading and Inhumane Treatment.

Commission on Human Rights

- Thailand was, for the first time in history, elected as a member of the United Nations Commission on Human Rights for the period between 2001-2003.  Although the country’s  membership in CHR has already ended, Thailand  continues to be committed to pursue an active and constructive role in the CHR to the extent the observer status would allow to.

- Thailand’s positions in the CHR reflect national human rights principles which are 1) To support the promotion and protection of human rights in all its aspects-civil and political rights, economic, social and cultural rights and the right to development; 2) To encourage the international community to assist national efforts to promote and protect human rights; and 3) To support further study of the evolution of human rights issues such as implications of globalization and reform of international financial organizations on human rights.

- Thailand supports human rights dialogue to enhance cooperation on human rights.  Thailand also supports the efforts of the international community in the elaboration of human rights standards to enhance the protection and promotion of human rights.

The Thai Constitution

- The Thai Constitution B.E. 2540 (1997) is renowned for its democratic and participatory drafting process from the beginning. Consequently, the Constitution fully reflects the people’s aspiration towards human rights and human dignity.  It is known as the “People’s Constitution” among Thais.

- The Constitution, approved by the Parliament in July 1997, incorporates many provisions contained in the international human rights conventions and covenants to which Thailand is a party.  Section 4 of the Constitution clearly stipulates that “The human dignity, right and dignity of the people shall be protected.”  All people can enjoy equal rights and fundamental freedoms irrespective of their origin, race, language, sex, age, physical or health condition, personal background or social standing, or religious belief.  Article 28 of the Constitution also provides that a person can invoke the provisions of the Constitution to bring a lawsuit or to defend oneself in court.  In addition to access to judicial system, new mechanisms have been set up to guarantee the effective protection of human rights such as the Parliamentary Ombudsmen, the Administrative Tribunal, the Constitutional Court and the National Commission on Human Rights.

Government’s Policy on Human Rights

- The current government emphasizes the importance of people’s participation in all dimensions of administration – policy formation, implementation, monitoring and evaluation.

- The government is committed to building capacity of local community and grassroots people, particularly in rural areas.  Several projects are being implemented country-wide to alleviate their hardship and poverty, to increase their accessibility to public welfare and funds which are crucial to empowering their economic and social rights, including the right to development.  Among the many projects are the 30 baht (less than one US dollar) for necessary medical treatments, the village funds for local development, the people’s bank for micro credit, the One-Village One-Product Programme and the project on housing for the poor.

- As a result of the bureaucratic reform in October 2002, the Ministry for Social Development and Human Security has been set up.  The Ministry serves to coordinate social development and to ensure human security of the people.

- Also as a result of the bureaucratic reform, the Department for the Promotion and Protection of the Rights and Liberties of the People has been established under the Ministry of Justice.

National Commission on Human Rights (NHRC)

- The Commission began functioning on 13 July 2001 as provided for by the 1999 National Human Rights Commission Act in accordance with Articles 199-200 of the 1997 Constitution.

- The Commission, a public independent agency, comprises 11 Commissioners appointed by His Majesty the King upon the advice of the Senate. Its main responsibilities are to advise and map out policies to promote and protect human rights as prescribed in the Constitution, legislation and human rights treaties to which Thailand has acceded. 

- Although the Commission does not have the authority to directly punish or prosecute a guilty party, the Commission has powers and duties, among others, (1) to promote the respect for and the practice in compliance with human rights principles at domestic and international levels; (2) to examine and report the commission or omission of acts which violate human rights or which do not comply with obligations under international treaties relating to human rights to which Thailand is a party, and propose appropriate remedial measures to the person or agency committing or omitting such acts for taking action. In the case where it appears that no action has been taken as proposed, the Commission shall report to the Parliament (National Assembly) for further proceeding; and (3) to propose to the National Assembly and the Council of Ministers policies and recommendations with regard to the revision of laws, rules or regulations for the purpose of promoting and protecting of human rights.

- The current Chairperson of the Commission is Professor Saneh Chamarik who is a retired lecturer and a well known academician.

Other Important National Institutions

- Apart from the NHRC, other important national institutions which were set up by the 1997 Constitution and whose functions are also essential to the promotion and protection of human rights include the following:

The Constitution Court  -  set up in 1988, as stipulated by Articles 255-270 of the Constitution. The Court consists of the President and 14 judges appointed by His Majesty the King;

The Office of the Parliamentary Ombudsman-  set up in 2000 as stipulated by Articles 196-198. The Ombudsman shall not exceed 3 in number and shall be appointed by His Majesty the King upon the advice by the Senate; and

The Administrative Courts-  set up in 2001 in accordance with Articles 276-280. The Administrative Courts comprise the Supreme Administrative Court, the Apellate Administrative Court and the Administrative Courts of the First Instance. The Judicial Commission of the Administrative Courts consists of (1) President of the Administrative Court as Chairman; (2) nine members who are administrative judges and elected by administrative judges amongst themselves; and (3) three qualified members, two of whom are elected by the Senate and the other by the Cabinet of Ministers.

National Human Rights Plan of Action

- The National Master Plan of Action on Human Rights is a result of the work of the National Committee to Commemorate the 50th Anniversary of the Universal Declaration of Human Rights. The Plan, which was approved by the Cabinet on 17 October 2000, was developed in consultation with the civil society. Six public hearings were conducted in 6 major provinces throughout the country: Chiang Mai, Pitsanulok, Khonkaen, Ubon Ratchathani, Songkhla and Bangkok.
 
- The Plan identifies activities for 20 target groups (children, women, stateless persons, HIV/AIDS-infected people, prisoners, farmers, workers, etc.) and 11 target fields (education, public health, natural resources and environment, housing, religion, information, etc.) with designated implementation government agencies and time frame.  Public administration reform, which was launched in 2002 resulting in the dissolution and/or merger of formerly existing governmental agencies as well as the creation of new ones, caused some delay in the full implementation of the Plan.

- Pursuant to the new structural reform, the Department of Rights and Liberties Protection, was created under the Ministry of Justice and assigned to serve as focal governmental agency responsible for the overall implementation of the Plan. During the year 2004-2005, the Department has been undertaking a national revision of the Plan to catch up with the public administration reform. The revision, which is expected to be completed during the first half of 2005, include people participation in updating the Plan, the establishment of a National Implementing Committee and reallocation of work to concerned agencies, particularly governmental agencies.

Promotion and Protection of the Rights of Children in Thailand

- As party to the Convention on the Rights of the Child, Thailand fully adheres to basic rights and principles for the best interests of the child.  The National Economic and Social Development Plan has given priority to human development, including child protection and participation.  Indicators such as Social Indicators (Basic Minimum Needs), Indicators on Child and Youth Development and Indicators on Child Rights were introduced as guidelines for the effective protection of children’s right.

- With regard to other international instruments related to human rights,  Thailand also ratified, among others, the following

(1) ILO Conventions-  ILO Convention No.29 on Forced Labour in 1969, ILO Convention No. 182 concerning the worst forms of child labour in 2001, ILO Convention No. 138 concerning the minimum age for admission to employment on 11 May 2004.

(2) Hague Conventions- The Hague Convention on the Protection on the Civil Aspects of International Child Abduction on 9 August 2002, and the Hague Convention on Protection of Children and Cooperation in Respect of Inter-country Adoption on 1 August 2004.

(3) UN Convention on Organized Transnational Crimes- Thailand signed the said Convention on 13 December 2000 and later signed on 21 December 2003 two related Protocols- namely, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children and the Protocol Against the Smuggling of Migrants by Land, Sea, and Air.

- Nevertheless, children in Thailand, similar to those in other countries, are faced with new threats to their right to life, survival, development, well being and welfare.  Several measures such as law reform and international co-operation have been continuously introduced to cope with these crimes and violations against children.  These include the enactment of the Act Concerning Measures of Prevention and Suppression of the Trafficking in Women and Children to combat syndicates of organized trafficking both nationally and internationally; the Prevention and Suppression of Prostitution Act to toughen the punishment of those who exploit children aged below 18 years regardless of consent; the Amended Criminal Procedure Code concerning pornography to cover offences committed on boys as well as girls.  Another important achievement is the enactment of the Child Protection Act which came into effect on 30 March 2004 which is intended to provide protection for children from all forms of abuses, exploitation, violence and gross negligence by clearly stipulating that any child below the age of 18 is protected by the State.

- Other preventive measures such as education programs and social measures, including the rehabilitation of the child victims have also been implemented.

- Furthermore, Thailand attaches great importance to the outcome of the 27th Special Session on Children. Accordingly, Thailand’s draft “National Strategy  and  Plan  of Action for a World Fit for Children” for the year 2005-2015 has been  formulated on the basis of the framework of the final document adopted by the  27th Special Session, with the addition of certain aspects which are pertinent to the situation in the Thai society.  Public hearing processes on the draft National Strategy and Plan of Action have been completed and it is expected that the revised draft would be ready for submission to the Cabinet of Ministers for approval in early 2005.

- Under the newly established Ministry of Social Development and Human Security, the Office of Welfare Promotion and Protection of Children, Youth, the Vulnerable, the Disabled and the Elderly was set up to promote and protect the rights and welfare of the children.  The Office was transformed from the National Youth Bureau, formerly under the Office of the Prime Minister.  The Office promotes and protects children’s welfare and rights.

Women’s Rights in Thailand

- Respect for women’s equal rights and dignity is well reflected in Thai legislation, policy and practices.  The Constitution clearly stipulates that men and women shall enjoy equal rights.  Unjust discrimination and treatment against women are, therefore, prohibited.  Women’s roles and contribution are also well recognized in politics, commerce, trade, education, academia, agriculture and the home.  This is to guarantee that, in practice, women can express their concerns and initiate changes when and where their rights are not fully respected.

- On the Government side, the Perspective Policies and Planning for the Development of Women (1992-2011) was formulated to address constraints and vulnerabilities encountered by women, and also to identify strategies and actions for the full enjoyment of human rights.  Among areas of prime concern, the Plan targets the problems of women and poverty, violence against women, women and health, and women and sexual exploitation.  The Plan adopts an integrated, holistic and preventive approach.  Therefore, the Plan not only addresses the root causes of problems such as inequality of opportunity or the existence of environments unfavorable to women, but ensures that women are also empowered through programs of education and training, including participation in decision-making.

-  On the issue of human trafficking where women and girls are the primary       victims, Thailand has for several years undertaken various measures to  tackle simultaneously both domestic and cross-border sex trafficking by cooperating in partnership with other governments, international agencies, and non-governmental organizations at national, regional and international levels. The highest level of political commitment to the issue was further injected by proclaiming it as a national agenda.

- As a result of the 2002 bureaucratic reform, the National Commission on Women’s Affairs, formerly under the Office of the Prime Minister, was transformed into the Women’s Affairs and Family Development Bureau, under the Ministry of Social Development and Human Security.  The Bureau formulates policies and plans for the promotion and protection of women’s rights.  The Bureau also supports activities carried out by government agencies, state enterprises as well as NGOs in the promotion of women development.

Right to Development (RTD)

- Thailand adheres to the right to development as described in the United Nations General Assembly resolution 41/128 in 1986 entitled the Declaration on the Right to Development.  The right to development encompasses political and civil rights and economic, social and cultural rights.

- RTD is the right to a process of development, in which all human rights and fundamental freedoms can be fully realized in a progressive manner over time.  RTD is a process whereby people can be empowered and equipped with basic needs to live a decent life.

- Thailand attaches great importance to the implementation of the Declaration on the Rights to Development.  The country supports the continued discussion of RTD in the UN Commission on Human Rights (CHR) to find ways and means to realize RTD.

- To achieve the full realization of RTD, priority of rights is needed in accordance with each country’s development needs.  In this respect, right to education, health, food and housing are high on RTD agenda.  Right to health is now materializing by which every person needs to pay only 30 baht (less than 1 USD) to obtain necessary medical care and services.  Right to education is also fully implemented.  All Thai people are provided free basic education.

- Globalization plays and important part in the RTD process.  Coordinated policy and action among concerned agencies, be they financial institutions or development agencies, is needed to put a human face on globalization.  Thailand supports the debate on implications of human rights arising from international economic issues under the UN forum.  It is anticipated that political awareness can be realized and achieved out of this forum for further consideration and action by concerned agencies, including international financial institutions (the World Bank and IMF).

Human Rights Education

- The promotion and protection of human rights is an on-going process.  Its effectiveness cannot be solely achieved by becoming state party to international human rights instruments or reforming the national legislation.  Therefore, human rights education plays a significant role in the promotion and protection of human rights in Thailand.  Human rights education is also an integral part of the National Human Rights Plan of Action.

- Government agencies dealing with security and law enforcement are required to provide human rights training to their officials.  Both the Thai military and police have undertaken human rights training as one of their priorities.  Manual on human rights standards and videotapes on issues related to human rights have been disseminated to military and police forces.

- The Ministry of Education has also worked to integrate human rights principles into school curricula and activities at all levels.

ASEAN Human Rights Mechanism

- Thailand is supportive of the work of the Working Group for an ASEAN Human Rights Mechanism.  Thailand participated in the four  Workshops for an ASEAN Regional Mechanism on Human Rights, held in Jakarta in 2001 and 2004, Manila in 2002 and Bangkok in 2003.

Human rights co-operation within the Asia-Pacific Region

- Thailand supports development of human rights co-operation within the Asia-Pacific region.  The annual Workshops, which have been organized by the United Nations Office of the High Commissioner for Human Rights (OHCHR) and countries within the region, provide opportunities to exchange views and experiences, and to seek possible co-operation in a friendly atmosphere.
 
- Over the past few years, Thailand co-hosted 3 workshops within such framework i.e. the “Inter-sessional Workshop on National Human Rights Actions Plan in the Asia Pacific Region” in July 1999, the “9th Annual Workshop on the Promotion and Protection of Human Rights in the Asia Pacific Region”  in February 2001 and the “Intersessional Expert Meeting on National Human Rights Action Pland and Human Rights Education in the Asia-Pacific Region” in October 2004.

- Thailand fully supports the four major areas of regional co-operation as adopted by consensus in Tehran in 1998.  They are (1) national plans of action for the promotion and protection of human rights and the strengthening of national capacities; (2) human rights education: (3) national institutions for the promotion and protection of human rights; and (4) strategies for the realization of the right to development and economic, social and cultural rights.  Thailand also supports the follow up of the implementation of the Declaration and Plan of Action of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance.  The follow up of the Durban Plan of Action is now part of the major areas of regional cooperation.

- Thailand will participate in the 13th Annual Workshop to be held in Beijing, People’s Republic of China in 2005.

Related human rights issues

Human security

- Thailand shares the  view that human security encompasses freedom from want and from fear and protecting people from violent and non-violent acts.  Thus, human security is comprehensive in nature and intertwined with human rights and human development.  Human rights, human development and human security are mutually reinforcing factors.  They are fundamental principles in achieving sustainable human development. 

- Thailand is a strong advocate of human security and also a member of the Human Security Network (HSN) which comprises 12 member countries and one observer country .

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Department of International Organizations

Social Division

Tel. 0-2643-5065 to 6

August 2005