The Universal Periodic Review (UPR) of Thailand by the UN Human Rights Council

The Universal Periodic Review (UPR) is a cyclical review of the human rights record of the 193 United Nations member states. 

The UPR is a mechanism of the United Nations Human Rights Council (UNHRC) that reviews the human rights condition of all the member states every four and half years. Last reviewed Thailand’s human rights performance was in 2011, when a civilian-led government was in power.

The review  took place at U.N. headquarters in Geneva, is Thailand's first since the May 2014 military coup

On 12 May 2016, THAILAND came under severe criticism over the human rights situation in the country with international delegates of the United Nations Human Rights Council (UNHRC) raising serious concerns in Geneva.

At the UN's Universal Periodic Review (UPR) session

Several countries expressing their worries over Thailand repressive laws. Two areas were of great concern for many members. The first related to the death penalty. Thailand promised its abolishment, but instead the government widened the cases where its applicable.

Secondly, many European countries criticised the restrictions on freedom of speech and freedom of the press.  Thailand has the most repressive law on lese majesty, and it is widespread opinion that the junta is using this law to silence any kind of opposition, arresting anyone who criticises, even bluntly, the royal family or the government.

Germany, France and the United Kingdom, among others, also called for an end of civilian persecution in military courts.

US representatives raised a number of concerns over the role of the military court, the restriction of people's freedom in the referendum law, the lese majeste law, freedom of expression, and Article 44 of the interim constitution. 

The Thai delegation led by Justice Ministry permanent secretary Chanchao Chaiyanukij toed the official line in responding to the questions and recommendations made by the UNHRC members, saying the junta needed to "limit" people's rights and freedom to maintain peace, law and order during the transition period.

Moreover they stated that for the referendum on the new constitution in August they are putting in place measures to engage with the citizens. Volunteers will go door to door to give the draft of the constitution that will be voted and to raise awareness on the issue. If the draft will be accepted, the government will accelerate the democratic transition.

Human Rights Watch (HRW) statement

Human Rights Watch released a statement titled "UN Review Highlights Junta’s Hypocrisy" 

On February 12, the Thai government submitted a report to the Human Rights Council, saying that it “attaches utmost importance to the promotion and protection of human rights of all groups of people.” However, the National Council for Peace and Order (NCPO) junta has severely repressed fundamental rights with impunity, tightened military control, and blatantly disregarded its international human rights obligations.

“The Thai government’s responses to the UN review fail to show any real commitment to reversing its abusive rights practices or protecting fundamental freedoms,” said John Fisher, Geneva director. “While numerous countries raised concerns about the human rights situation in Thailand, the Thai delegation said nothing that would dispel their fears of a continuing crisis.”

The NCPO junta, led by Prime Minister Gen. Prayut Chan-ocha, has engaged in increasingly repressive policies and practices since taking power in a May 2014 coup. Central to its rule is section 44 of the 2014 interim constitution, which provides the junta unlimited administrative, legislative, and judiciary powers, and explicitly prevents any oversight or legal accountability of junta actions.

Instead of paving the way for a return to democratic civilian rule as promised in its so-called “road map,” the junta has imposed a political structure that seems designed to prolong the military’s grip on power. A draft constitution, written by a junta-appointed committee, endorses unaccountable military involvement in governance even after a new government takes office.

The government has enforced media censorship, placed surveillance on the Internet and online communications, and aggressively restricted free expression. It has also increased repression against anyone openly critical of the junta’s policies or practices. For example, in April, military authorities detained Watana Muangsook, a former minister, for four days for posting Facebook comments opposing the draft constitution, for which a referendum is scheduled for August 7.

Since the military takeover, the government continues to prosecute those it accuses of being involved in anti-coup activities or supporting the deposed elected government. At least 46 people have been charged with sedition for criticizing military rule and violating the junta’s ban on public assembly. On April 28, eight people were arrested and charged with sedition and computer crimes for creating and posting satirical comments and memes mocking General Prayut on a Facebook parody page.

The government has made frequent use of Thailand’s draconian law against “insulting the monarchy.” The authorities have brought at least 59 lese majeste cases since the May 2014 coup, mostly for online commentary. On December 14, 2015, the junta brought lese majestecharges in military court against a man for spreading sarcastic Facebook images and comments that were deemed to be mocking the king’s pet dog. Military courts have imposed harsh sentences: in August 2015, Pongsak Sriboonpeng received 60 years in prison for his alleged lese majeste Facebook postings (later reduced to 30 years when he pleaded guilty), the longest recorded sentence for lese majeste in Thailand’s history.

Since the coup, the junta has summoned at least 1,340 activists, party supporters and human rights defenders for questioning and “adjusting” their political attitude. Failure to abide by an NCPO summons is a criminal offense subject to trial in military courts. Under junta orders, the military can secretly detain people without charge or trial and interrogate them without access to lawyers or safeguards against mistreatment. The government has summarily dismissed allegations that the military has tortured and ill-treated detainees but has provided no evidence to rebut these claims.

The government has increased its use of military courts, which lack independence and fail to comply with international fair trial standards, to try civilians – mostly targeting political dissidents and alleged lese majeste offenders. Since May 2014, at least 1,629 cases have been brought to military courts across Thailand.

Thailand’s security forces continue to commit serious human rights violations with impunity. No policy makers, commanders, or soldiers have been punished for unlawful killings or other wrongful use of force during the 2010 political confrontations, which left at least 90 dead and more than 2,000 injured. Nor have any security personnel been criminally prosecuted for serious rights abuses related to counterinsurgency operations in the southern Pattani, Narathiwat, and Yala provinces, where separatist insurgents have also committed numerous abuses. The government has shown no interest in investigating more than 2,000 extrajudicial killings related to then-Prime Minister Thaksin Shinawatra’s “war on drugs” in 2003.

Thai authorities as well as private companies continue to use defamation lawsuits to retaliate against those who report human rights violations. The authorities have also brought trumped-up criminal charges against human rights lawyers to harass and retaliate against them. For example, on February 9, Bangkok police brought two charges against human rights lawyer Sirikan Charoensiri connected to her representation of pro-democracy activists in June 2015. There has been no progress in attempts to bring to justice perpetrators in the killing of land rights activist Chai Bunthonglek in February 2015, and three other activists affiliated with the Southern Peasants’ Federation of Thailand, who were shot dead in 2010 and 2012.

In November 2015, an international accrediting body recommended downgrading the status of Thailand’s National Human Rights Commission based on concerns about its ineffectiveness, lack of independence, and flawed processes for selecting commissioners.

Thailand signed the Convention against Enforced Disappearance in January 2012 but has not ratified the treaty. The penal code still does not recognize enforced disappearance as a criminal offense. Thai authorities have yet to satisfactorily resolve any of the 64 enforced disappearance cases reported by Human Rights Watch, including the disappearances of prominent Muslim lawyer Somchai Neelapaijit in March 2004 and ethnic Karen activist Por Cha Lee Rakchongcharoen, known as “Billy,” in April 2014.

Although Thailand is a party to the Convention against Torture, the government’s failure to enact an enabling law defining torture has been a serious impediment for enforcement of the convention. There is still no specific law in Thailand that provides for compensation in cases of torture.

Thailand is not a party to the 1951 Refugee Convention and its 1967 Protocol. Thai authorities treat asylum seekers as illegal migrants subject to arrest and deportation without a fair process to make their claim. The Thai government has forcibly returned refugees and asylum seekers to countries where they are likely to face persecution, in violation of international law and over protests from the UN refugee agency (UNHCR) and several foreign governments. These include the deportation of two Chinese activists to China in November 2015 and 109 ethnic Uighurs to China in July 2015.

Thai authorities have regularly prevented boats carrying ethnic Rohingya from Burma from landing, providing rudimentary assistance and supplies and returning them to dangerous seas. In May 2015, raids on a string of camps along the Thailand-Malaysia border found Rohingya had been held in pens and cages, abused, and in some cases killed by traffickers operating with the complicity of local and national officials. Thailand hosted an international meeting to address the thousands of Rohingya stranded at sea. However, unlike Malaysia and Indonesia, Thailand refuses to work with UNHCR to conduct refugee status determination screenings for the Rohingya, and instead holds many in indefinite immigration detention.

The Thai government has stepped up anti-human trafficking measures. However, migrant workers from Burma, Cambodia, and Laos remain vulnerable to abuses by traffickers facilitating travel into Thailand, and employers who seize workers documents and hold workers in debt bondage. New temporary ID cards issued by the Thai government to migrants severely restrict their right to movement, making them vulnerable to police extortion. Trafficking of migrants into sex work, bonded labor, or onto Thai fishing boats for months or years remains a pressing concern.

“No one should be fooled by the Thai government’s empty human rights promises,” Fisher said. “UN member countries should firmly press Thailand to accept their recommendations to end the dangerous downward spiral on rights by ending repression, respecting fundamental freedoms, and returning the country to democratic civilian rule.”

In Thailand

Key Pheu Thai Party figure Chaturon Chaisang stated that the UPR report on Thailand was the most embarrassing one, as it placed the country in the international spotlight for human rights violations. He said, "Thailand not only failed to pass the test at the UN session, the country also became a laughing stock," 

"As a Thai citizen, who feels violated by all the government's measures and actions, I confirm what international communities have raised in the forum that human rights violations in Thailand are a matter of grave concern," he said. 

Chaturon was prosecuted in the military court for resisting summons by the junta soon after the 2014 coup. He is banned from travelling abroad and his passports have been revoked. 

Thai human rights organizations held a seminar on human rights at a Bangkok coffee shop as a live broadcast of UPR played on a screen.

Sunai Phasuk, a researcher at Human Rights Watch in Thailand, said that in the eyes of the international community, Thailand is a military state and abusing human. 

Sunai responsed in the UPR regarding the use of a military court to try civilian cases. He said it was false and insincere. The representatives said that only a small number of civilians had been tried before the military court. Sunai said, in fact, at least 1,000 civilians had been tried by the military court according to UN records. 

The outcome report of the UN Human Rights Council Universal Periodic Review

HRW report 2016: Annual review on human rigts on Thailand

Human Rights Watch has just released its annual report, which includes a country chapter on Thailand. Nothing unexpected at all in the dismal report on Thailand under the military dictatorship. HRW’s report is below:

View the full report of Human Rights Watch on Thailand

The ruling National Council for Peace and Order (NCPO)—led by Prime Minister Gen. Prayut Chan-ocha—took power in a coup in May 2014.Despite initial promises to restore democracy within one year, the junta in 2015 exercised increasingly dictatorial power and continued to systematically repress fundamental rights and freedoms.

Deepening Authoritarianism

Instead of paving the way for a return to democratic civilian rule as promised in its so-called “road map,” the junta has created a political system that seems designed to prolong its grip on power.

On March 31, 2015, nationwide enforcement of the Martial Law Act of 1914 was replaced with section 44 of the interim constitution. Section 44 provides unlimited administrative, legislative, and judiciary powers to Prayut in his capacity as the NCPO chairman without any oversight or accountability. The interim constitution also absolves anyone carrying out actions on behalf of the NCPO of all legal liability.

Growing opposition to military rule prompted junta leaders to claim that Thailand was not ready for a constitutional referendum or a general election. The National Reform Council rejected the draft constitution on September 6, 2015, extending the junta’s rule to at least until 2017. In November 2015, the NCPO proposed that the new constitution should guarantee blanket amnesty for the use of military force to “protect national security.”

Freedom of Assembly and Expression

The NCPO has banned political gatherings of more than five persons. Since the coup, at least 80 people have been arrested and sent to military courts for organizing or taking part in peaceful public gatherings.

At time of writing, at least 27 people had been arrested and charged with sedition for criticizing military rule and violating the junta’s ban on public assembly, including 14 activists from the New Democracy Movement in Bangkok arrested in June 2015. On December 8, Thanakorn Siripaiboon, a 27-year-old factory worker, was arrested and charged with sedition and computer crimes for sharing Facebook infographics alleging corruption by Prayut and other junta leaders in the army’s Rajabhakti Park project.

The junta has also aggressively restricted free expression, using section 44 of the interim constitution.

In April, authorities suspended broadcasts by Peace TV and TV 24, accusing the stations of violating the NCPO’s ban on criticism of the military. In November, Fah Hai TV was shut down by authorities on the same grounds. Human Rights Watch’s Thailand webpage remains blocked in the country because authorities deem it a threat to national security.

Military units in Bangkok and other provinces forced the cancellation of more than 60 political events, seminars, and academic panels on political and human rights issues in 2015 on grounds that the events threatened stability and national security. The police and military enforced an NCPO order canceling report launch events by Human Rights Watch, Amnesty International, and the Thai Lawyers for Human Rights at the Foreign Correspondents Club of Thailand (FCCT) in Bangkok. 

In September 2015, Prayut ordered the revocation of former Deputy Prime Minister Chaturon Chaisaeng’s passport to punish him for his criticisms of military rule.

Criticizing the monarchy is a serious criminal offense in Thailand, and Prayut has made lese majeste (insulting the monarchy) prosecutions a top priority of the NCPO. Since the coup, 56lese majeste cases have been brought, 43 against individuals for online commentary. Military courts have imposed harsher sentences than civilian courts did prior to the coup. In August 2015, the Bangkok Military Court sentenced Pongsak Sriboonpeng to 60 years in prison for alleged lese majeste Facebook postings (later reduced to 30 years when he pleaded guilty). It was the longest recorded sentence for lese majeste in Thailand’s history.  

In December, the junta announced that individuals who share, comment on, or click “Like” on Facebook contents that authorities deem offensive to the monarchy would be prosecuted for lese majeste. Junta leaders also strongly criticized foreigners who commented on Thailand’s increasingly harsh and arbitrary enforcement of the lese majeste law, including remarks by the United States ambassador, deeming the commentary interference in Thailand’s domestic affairs.

Arbitrary Detention

At time of writing, the NCPO had summoned at least 751 people for questioning since the coup. Most were affiliated with the ousted Pheu Thai Party and the activist group United Front for Democracy against Dictatorship (UDD), known as the “Red Shirts,” but they also included politicians, activists, and journalists accused by the junta of involvement in anti-coup activities or insulting the monarchy. Failure to report to authorities following an NCPO summons is considered an offense subject to trial in military court. The junta has issued arrest warrants and revoked the passports of at least 10 exiled dissidents for failing to report to the authorities when summoned.

Under the provisions of martial law and, later, section 44 of the interim constitution, the military can secretly detain people without charge or trial and interrogate them without access to lawyers or safeguards against mistreatment. The NCPO has summarily dismissed allegations that the military has tortured and ill-treated detainees but has provided no evidence to rebut those serious allegations.

Human Rights Watch submitted a letter to the Thai government on November 24, raising serious concerns regarding conditions at the 11th Army Circle military base after the recent deaths of fortuneteller Suriyan Sucharitpolwong and Police Maj. Prakrom Warunprapa—both charged with lese majeste—during their detention there.

The use of military courts, which lack independence and fail to comply with international fair trial standards, to try civilians—mostly political dissidents and alleged lese majeste offenders—increased significantly in 2015.

Impunity

Prime Minister General Prayut has frequently stated that soldiers should not be condemned for violence connected to the military dispersal of UDD street protests in April and May 2010—in which 90 people died and more than 2,000 were injured—despite evidence that most casualties resulted from unnecessary or excessive use of lethal force by soldiers. No military personnel have been charged for killing and wounding civilians at that time.

The government, however, has expedited investigations into cases in which persons connected to the UDD used violence in 2010, and UDD leaders and supporters face serious criminal charges. In contrast, there has been little progress in investigating or prosecuting alleged rights abuses and criminal offenses committed by the People’s Alliance for Democracy (PAD), the so-called “Yellow Shirts,” and by the People's Democratic Reform Committee (PDRC) during political confrontations in 2008 and 2013-2014, respectively.

Violence and Abuses in Southern Border Provinces

Since January 2004, more than 6,000 ethnic Malay Muslims and ethnic Thai Buddhists have been killed in armed conflict in Thailand’s southern border provinces.

Even though there was a drop in violent incidents after a peace dialogue started in August 2015 between the Thai government and Barisan Revolusi Nasional (BRN) and other armed separatist groups in the loose Majlis Syura Patani (Mara Patani) network, both sides have committed serious human rights abuses and violations of the laws of war.

Separatists have killed at least 175 teachers during 11 years of insurgency and continued to target civilians in bomb attacks, roadside ambushes, drive-by shootings, and assassinations.

Thai security forces have not been prosecuted for numerous illegal killings, torture, and other abuses against ethnic Malay Muslims. In many cases, Thai authorities provided financial compensation to the victims or their families in exchange for their agreement not to pursue criminal prosecution of abusive officials.

Enforced Disappearances

There has been no progress in the police investigation to locate ethnic Karen activist Por Cha Lee Rakchongcharoen, known as “Billy,” who was forcibly disappeared after officials at Kaengkrachan National Park arrested him on April 17, 2014, in Petchaburi province.

Until today, Thai authorities have failed to satisfactorily resolve any of the 64 enforced disappearance cases reported by Human Rights Watch, including the “disappearance” and presumed murder of prominent Muslim lawyer Somchi Neelapaijit by a group of police officers in March 2004.

Thailand signed the International Convention for the Protection of All Persons from Enforced Disappearance in January 2012 but has not ratified the treaty. The penal code still does not recognize enforced disappearance as a criminal offense.

Human Rights Defenders

In September 2015, the Phuket Provincial Court acquitted Chutima Sidasathian and Alan Morison—journalists from the online newspaper Phuketwan—who had been put on trial for criminal defamation and breach of the Computer Crimes Act for publishing a paragraph from a Reuters special report on Rohingya boat people that the Thai navy alleged had implicated their personnel in human trafficking.

In June 2015, the Yala provincial prosecutor issued a non-prosecution order in a criminal defamation case against Pornpen Khongkachonkiet and the Cross Cultural Foundation, ruling that their open letter calling for an investigation into torture allegedly committed by paramilitary troops of the 41st Taharnpran Unit had been published in good faith.

Despite positive outcomes in the above-mentioned cases, Thai authorities and private companies have continued to use defamation lawsuits to retaliate against those who report human rights violations. On August 24, 2015, the Southern Bangkok Criminal Court indicted migrant rights activist Andy Hall on criminal charges in a lawsuit filed by Natural Fruit Co. Ltd., one of Thailand’s biggest pineapple processors, for a report alleging serious labor rights abuses at one of its factories.

Refugee Rights

Thailand is not a party to the 1951 Refugee Convention and its 1967 Protocol. Asylum seekers are treated by Thai authorities as illegal migrants, and subject to arrest and deportation.

Thai authorities continue to violate the international prohibition against refoulement (forcible return) by forcing refugees and asylum seekers back to countries where they are likely to face persecution. On July 9, 2015, defying pleas to the contrary from the United Nations Refugee Agency (UNHCR) and several foreign governments, Thai authorities forcibly returned at least 109 ethnic Uighurs to China. Their current whereabouts and well-being are unknown. In November, the Thai government repatriated human rights activist Dong Guangping and Jiang Yefei, both recognized as refugees by UNHCR and accepted for resettlement in Canada, to China.

In May 2015, Thai authorities discovered at least 30 bodies at an abandoned human trafficking camp in Songkhla province close to the Thai-Malaysian border. Police reports indicated the dead were ethnic Rohingya from Burma and Bangladesh who starved to death or died from abuses or disease while held by traffickers who were awaiting ransom payments before smuggling them into Malaysia.

The case led to the arrest of army Lt. Gen. Manas Kongpan together with 52 local politicians, community leaders, businessmen, and gangsters for trafficking. In November, Police Maj. Gen. Paween Pongsirin—the chief investigator in the case—resigned and left Thailand to seek asylum in Australia, claiming he was fearful of retaliation and that he had received no protection from his supervisors. 

On May 22, Thailand hosted an international meeting to address the thousands of Rohingya asylum seekers and migrants stranded at sea in small boats, but, unlike Malaysia and Indonesia, refused to work with UNHCR to conduct refugee status determination screenings or set up temporary shelters for those rescued.

Despite the peril faced by those on the boats, Thai authorities regularly took action to prevent boats carrying Rohingya from landing in Thailand. On many occasions, boats were intercepted and pushed back to sea after receiving rudimentary humanitarian assistance and supplies from Thai authorities.

Migrant workers from Burma, Cambodia, and Laos are vulnerable to abuses by police and government authorities and to exploitation by employers and criminals, including sexual violence and extreme labor exploitation. Trafficking of migrants into sex work or onto Thai fishing boats remained pressing concerns in 2015.

Thailand also continues to detain unaccompanied children and families with children, in violation of international standards.

Anti-Narcotics Policy

The junta has shown no interest in investigating extrajudicial killings related to past anti-drug operations, especially the more than 2,800 killings that accompanied then-Prime Minister Thaksin Shinawatra’s “war on drugs” in 2003.

Drug users are sent to “rehabilitation” centers, mostly run by the military and Interior Ministry, where “treatment” consists mainly of military-style physical exercise with little or no medical assistance for drug withdrawal symptoms.

Health

Residents of lower Klity Creek in Kanchanaburi province continue to be exposed to toxic lead from a now-defunct lead processing factory. On January 10, 2013, Thailand’s highest administrative court ordered the government to remove the lead from the creek, but Thailand’s Pollution Control Department has yet to begin a proper clean-up.

Sexual Orientation and Gender Identity

Thailand’s Gender Equality Act, a national non-discrimination law that specifically protects against discrimination on the grounds of gender expression, came into effect in September.

Key International Actors

The UN and Thailand’s major allies—including the US, European Union, and Japan—continued to urge the junta in 2015 to respect human rights and return the country to democratic civilian rule through free and fair elections as soon as possible. However, no international action has been taken against the junta for its failure to do so.

In November 2015, an international accrediting body recommended downgrading the status of Thailand’s National Human Rights Commission based on concerns about its lack of independence, ineffectiveness, and flawed processes for selecting commissioners. A downgrade would result in the commission losing its privileges to present views at the UN Human Rights Council.

After an August 17 bomb attack in Bangkok killed at least 20 people and wounded 125 others, Thai authorities arrested Bilal Muhammed and Meiraili Yusufu, ethnic Uighurs from China. The two suspects were put on trial in a military court trial for offenses including murder and illegal weapons possession.

The Trafficking in Persons Report of the US State Department kept Thailand in Tier 3 for another year for failing to combat human trafficking. In April 2015, the European Commission put Thailand on formal notice for not taking sufficient measures in the international fight against illegal fishing.

EU Parliament: The resolution on the the situation in Thailand 2015

Full Download :The resolution on the situation in Thailand.

08/10/20155

The resolution was tabled by the EPP, S&D, ECR, Greens/EFA, ALDE, GUE/NGL and EFDD groups.

Parliament stated it was deeply concerned about the deteriorating human rights situation in Thailand following the illegal coup of May 2014. It urged the Thai authorities to:

• lift repressive restrictions on the right to liberty and the peaceful exercise of other human rights, in particular those relevant to peaceful involvement in political activities;
• overturn convictions and sentences, to withdraw charges and to release individuals and media operators who had been sentenced or charged for peacefully exercising their rights to freedom of expression or assembly;
• revoke immediately Section 44 of the interim constitution and related provisions that serve as a basis for the Thai authorities to repress fundamental freedoms and commit human rights violations with impunity.

Members called on the Thai Government to comply with its own constitutional and international obligations as regards the independence of the judiciary, the right to freedom of expression, association and peaceful assembly, and political pluralism, especially in the light of the growing severity of its ‘anti-defamation’ laws.

Parliament asked the European External Action Service (EEAS) and the EU Delegation, as well as Member State delegations, to use all available instruments to ensure respect for human rights and the rule of law in Thailand, in particular by continuing to observe investigations and trial hearings of opposition leaders. It encouraged the EU and the Thai Government to engage in a constructive dialogue on matters relating to human rights protection and democratisation processes in Thailand and in the region. Members noted that the EU, which was Thailand’s third-largest trading partner, had put on hold fledgling negotiations with Thailand for a bilateral free trade agreement (FTA), which commenced in 2013, and had refused to sign the Partnership and Cooperation Agreement (PCA) finalised in November 2013 until a democratic government was in place.

Parliament supported the EEAS and the Commission in maintaining economic and political pressure in order to ensure Thailand’s return to democratic governance, reminding the Thai Government, in this connection, that no progress should be expected on the FTA and PCA between the EU and Thailand as long as the military junta remained in power.

Members went on to take note of the measures taken by the Thai Government to comply with minimum standards for the elimination of trafficking and to put an end to endemic modern-day slavery in the supply chain of its fishing industry. They encouraged the government to implement these measures as a matter of urgency and to step up its efforts. The international community, and the EU in particular, should put all their efforts into fighting human trafficking, slave work and forced migration by advocating international collaboration on the monitoring and prevention of human rights violations relating to labour issues.

Lastly, Parliament welcomed the decision to dismiss the criminal defamation case against workers’ rights defender Andy Hall, an EU citizen and his subsequent release. It called for the computer crime and criminal defamation cases initiated against him at Southern Bangkok Criminal Court also to be dropped, asks the EU Delegation to continue to follow his legal situation closely and to attend his trial.

FIDH:Abuse of lèse-majesté law obstructs creative expression

FIDH 's report 4 June 2015:

The report, entitled Dark Ages - Violations of cultural rights under Thailand’s lèse-majesté law, explains how the country’s restrictions under Article 112 violate its obligations under the International Covenant on Economic, Social and Cultural Rights (ICESCR), to which Thailand is a state party. FIDH released the report on the occasion of the UN Committee on Economic, Social and Cultural Rights’ (CESCR) review of Thailand’s periodic report on 4-5 June in Geneva.

Article 112 of Thailand’s Criminal Code imposes jail terms for those who defame, insult, or threaten the King, the Queen, the Heir to the throne, or the Regent. Persons found guilty of violating Article 112 face prison terms of  three to 15 years for each count.
The report documents how Thailand’s overzealous enforcement of Article 112 has resulted in the country’s failure to comply with its obligation to respect and protect the right of everyone to participate in cultural life. Article 15 of the ICESCR guarantees this right.

The imprisonment of theater actors Pornthip Munkong aka Golf and Patiwat Saraiyaem aka bank on lèse-majesté charges for performing in a political play clearly illustrates the link between Thailand’s abuse of Article 112 and its failure to protect the right to participate in cultural life. Other individuals involved in that performance fled the country for fear of being arrested under Article 112.

In recent years, there have been several cases of lèse-majesté charges and incarcerations stemming from the publication of material related to the Thai monarchy. Under the National Council for Peace and Order (NCPO), the military junta that seized power in a coup on 22 May 2014, the number of detentions and prosecutions under Article 112 has increased dramatically. Thirteen of the 16 post-2014 coup lèse-majesté cases resulting in prison sentences presented elements related to the right to freedom of expression and to take part in cultural life. In many cases, lèse-majesté charges were filed against individuals who shared opinions and content related to the monarchy through Facebook. One lèse-majesté suspect, Siraphop Komarut, has been detained since June 2014 and remains behind bars
awaiting trial for writing a poem that alluded to revered  King Bhumibol Adulyadej.

Thailand has also routinely banned books and other publications that provide a critical perspective on King Bhumibol and other members of the royal family. The atmosphere of fear created by these measures has resulted in widespread self-censorship.
In addition, authorities have conducted a relentless and wide-ranging campaign to censor online content that is considered offensive to the monarchy. This trend has continued under the NCPO. Since 22 May 2014, authorities have blocked thousands of websites that allegedly defamed the monarchy. In early January 2015, the NCPO approved a draft Cyber Security Bill, which is aimed at legalizing pervasive controls over electronic communications. NCPO head General Prayuth Chan-ocha indicated that one of the objectives of the Cyber Security Bill was to crackdown on online lèse-majesté content. The proposed legislation envisions the establishment of a government-run committee that would have the authority to access information on personal computers, mobile phones, and other electronic devices without a court order.

“Censorship, prison, or exile are the most likely scenarios for those who criticize the Thai monarchy,” Mr. Lahidji said. “At the very least, Thailand must amend Article 112 of the Criminal Code to remove prison terms for offenses stemming from the legitimate exercise of the right to freedom of opinion and expression. Authorities must also stop censorship of online and printed material related to the Thai monarchy to ensure a free flow of ideas and information,” he urged.

FIDH’s report makes numerous recommendations to ensure that restrictions imposed on the right to participate in cultural life under Article 112 are compatible with Thailand’s obligations under the ICESCR.

The report is an updated version of the shadow report submitted by FIDH to the 55th Session of the CESCR.

Source: Thailand: Abuse of lèse-majesté law obstructs creative expression

Thailand seafood:The “yellow card” warning by the EU on April 21 2015

EU acts on illegal fishing: Yellow card issued to Thailand while South Korea & Philippines are cleared

Brussels, 21 April 2015

The European Commission has today put Thailand on formal notice for not taking sufficient measures in the international fight against illegal fishing (IUU).

As a result of a thorough analysis and a series of discussions with Thai authorities since 2011, the Commission has denounced the country's shortcomings in its fisheries monitoring, control and sanctioning systems and concludes that Thailand is not doing enough.

European Commissioner for Environment, Maritime Affairs and Fisheries, Karmenu Vella, stated: “Our EU rigorous policy on a harmful practice such as illegal fishing, together with our genuine capacity to act, is paying off. I urge Thailand to join the European Union in the fight for sustainable fisheries Failure to take strong action against illegal fishing will carry consequences.”

Today's Decision starts a formal procedure of dialogue with the Thai authorities to make them take the necessary corrective measures. They will be given six months to implement a corrective tailor-made action plan.

Should the situation not improve, the EU could resort to banning fisheries imports from Thailand. Such measure was taken in the past with Belize, Guinea, Cambodia and Sri Lanka. Imports from Belize were banned last year but due to the reforming efforts of the authorities they are now allowed.

On a more positive note, the European Commission acknowledges today that two fishing nations, Korea and the Philippines, have carried out appropriate reforms of their legal systems and are now equipped to tackle illegal fishing. It therefore stops the "identification" procedure that had started with a yellow card to Korea in November 2013 and the Philippines in June 2014.

Commissioner Vella noted that; "By using our market weight the EU is getting important players on board. Both Korea and the Philippines have taken responsible action, amended their legal systems and switched to a proactive approach against illegal fishing".

Since they were issued with warnings, both Korea and the Philippines embarked on a series of reforms to upgrade their fisheries governance. Their legal systems are now aligned to international law.

As a result of the action taken by Korea and the Philippines, the Commission has stopped formal discussions with the countries' authorities and looks forward to Korea and the Philippines becoming valuable allies on sustainable management within global and regional organisations.

Background

Between 11 and 26 million tonnes of fish, i.e. at least 15% of world catches, are caught illegally every year. This is worth between 8 and 19 billion euros. As the world's biggest fish importer, the EU does not wish to be complicit and accept such products into its market. The so-called 'IUU Regulation', which entered into force in 2010^[1], allows access onto the EU market only to fisheries products that have been certified as legal by the flag State concerned. When flag States are unable to certify their products, the Commission starts a process of cooperation and assistance with them to help improve their legal frameworks. The milestones of this process are the warnings (yellow cards), the green cards if issues are solved and the red cards if they aren’t – the latter leading to a trade ban.

Like Korea and the Philippines, in October 2014 also Fiji, Panama, Togo and Vanuatu got a green card, as they had solved the issues identified by the Commission. Formal dialogue is still ongoing with Ghana and Curaçao, which received formal warnings in November 2013; Papua New Guinea, warned in June 2014; and Solomon Islands, Tuvalu, Saint Kitts and Nevis, Saint Vincent and the Grenadines, warned in December 2014. Most of these countries are now cooperating constructively with the Commission, making significant progress in their fisheries management systems in order to curb illegal fishing.

By contrast, fisheries products caught by vessels from Sri Lanka, Guinea and Cambodia are banned from being imported into the EU. Belize was withdrawn from the black list in December 2014, after it adopted lasting measures to address the shortcomings of its fisheries systems.

The fight against illegal fishing is part of the EU's forceful drive to ensure sustainable ocean governance and to project globally the principle of sustainability, enshrined in the Common Fisheries Policy.

US Embassy, Bangkok: Thailand remains at ‘Tier 3’ on 2015 US TIP report

Statement on 2015 Trafficking in Persons (TIP) Report

July 27, 2015

Human trafficking is a complex, global challenge that requires cooperation, partnership, and sustained efforts on the part of all governments to achieve tangible progress and measurable results. The United States will continue to work closely with Thai government officials, law enforcement officers, and civil society actors in a spirit of partnership as Thailand works to combat human trafficking.

The State Department’s Trafficking in Persons (TIP) Report was released in Washington on July 27, 2015, and Thailand remains on Tier 3. The 2015 TIP Report covers governments’ anti-trafficking efforts from April 1, 2014 through March 31, 2015. Although Thailand took steps to improve trafficking-related laws and coordination between agencies working to combat human trafficking, Thailand did not undertake sufficient action during the reporting period required for tangible progress on its formidable human trafficking problem. TIP report rankings are made based upon a thorough evaluation of the country’s anti-trafficking record and is made without consideration of the country’s current political context.

We continue to urge Thai government officials to take bold steps to combat trafficking throughout the ongoing 2016 reporting period and beyond. We encourage the Government of Thailand to use its updated legislative framework and whole-of-government approach to expand efforts to proactively and consistently identify and assist labor and sex trafficking victims among vulnerable populations. We also encourage the Thai government to hold officials complicit in trafficking accountable and rigorously investigate and prosecute individuals, including those who commit forced labor abuses on fishing vessels or who commit sex trafficking crimes.

We welcome additional efforts by the Thai government since March 31 to fight trafficking in persons, including efforts to create special units within criminal courts to adjudicate trafficking cases and the arrests of dozens possibly involved in human trafficking crimes and other abuses against migrants in southern Thailand. Actions taken after March 31 will be covered in next year’s report.

We also recognize and commend the many committed individuals within the Thai government, law enforcement, and civil society communities who are working hard to reduce and eliminate human trafficking. We look forward to continued dialogue with the Government of Thailand on efforts to implement changes to the 2008 anti-trafficking law, Fisheries Act, and other ministerial regulations that aim to reduce human trafficking and improve working conditions.

Over the next year, we anticipate high-level engagement between U.S. and Thai officials both in Thailand and in international fora on this important issue. We will continue to provide specific technical assistance requested by the Thai government related to anti-trafficking investigations and prosecutions, as well as general support for building the capacity of its law enforcement and rule of law institutions, including joint regional training programs through the International Law Enforcement Academy in Bangkok. As in 2014, we will continue to partner with Thai law enforcement to combat cases of child sex trafficking. We will also continue to support local and international organizations that work with the Thai government and local authorities to combat human trafficking and to assist victims.

As part of our global efforts to combat human trafficking, the U.S. Government remains committed to working with the Royal Thai Government and the people of Thailand to address this significant challenge.

The 2015 Trafficking in Persons Report is available online here: