FOR IMMEDIATE RELEASE
An Open Letter to the Senate of Thailand by the Asian Human Rights
Commission (AHRC)
Prasobsuk Boondech
President
Senate of Thailand
Office of the Senate Secretariat
499 Sukpraprueit Building
Prachachuein Road
Bangsue, Bangkok 10800
THAILAND
Fax: +662 831 9211
**EXTREMELY URGENT **
Dear Mr. Prasobsuk
THAILAND: Senate must delay vote on NHRC
The Asian Human Rights Commission (AHRC) is writing to you out of
grave concern that if the Senate proceeds with a vote on the seven
persons nominated as commissioners of the National Human Rights
Commission (NHRC) of Thailand at the sitting on this Friday, May 1 as
the Senate Secretariat announced today, April 29, the new commission
will violate international standards on the procedure for selecting a
national human rights institution.
The AHRC already in a letter of April 25 to the chairperson of the
Senate selection committee for the new NHRC (copied to you) pointed
out that the selection process of the new commissioners has been
rushed, non-transparent, undemocratic and contrary to the basic
principles that the NHRC is supposed to represent. While we agree
that the appointment of new commissioners is a priority, it should
not be at the expense of public debate and measures to get the right
people for the job.
Unfortunately, as explained in that letter, everything seems to have
been done to keep the entire process and the names and backgrounds of
the selected candidates hidden from view. In the few days since, there
have been a few small steps taken to allow very limited public
awareness and comment on the nominees, steps that can only be
described as pathetic. For instance, after it was pointed out that
there was no form on the Senate website for members of the public to
post comments, on the afternoon of the last day given for the making
of comments, a form did in fact briefly appear on the site, only to
be removed before the following morning. By way of another example,
we have read news that the seven nominees will this afternoon be
presented to the media at the Senate premises. These sorts of paltry
measures do nothing to make the selection process meaningful and only
raise further doubts that the Senate will try to create the impression
that the process was in some way accountable when in fact it was the
very opposite.
The AHRC is aware that citizens groups in Thailand have already
voiced opposition to some of the candidates and the manner of their
selection and notes that these groups too were not kept informed of
the selection process or invited to comment. This is hardly
surprising given that the selection committee itself apparently did
not even meet the candidates before selecting them, and nor does its
report to the Senate contain any reasoning on the choice of these
seven over any other of the 133 applicants. For this reason the AHRC
iterates its concern that the manner of selection and composition of
the candidates stands in breach of the Paris Principles on National
Human Rights Institutions, adopted by the United Nations General
Assembly in 1993, that:
"The composition of the national institution and the appointment of
its members, whether by means of an election or otherwise, shall be
established in accordance with a procedure which affords all
necessary guarantees to ensure the pluralist representation of the
social forces (of civilian society) involved in the protection and
promotion of human rights, particularly by powers which will enable
effective cooperation to be established with, or through the presence
of, representatives of: (a) Non-governmental organizations responsible
for human rights and efforts to combat racial discrimination, trade
unions, concerned social and professional organizations, for example,
associations of lawyers, doctors, journalists and eminent
scientists..."
That the procedure for selection of candidates to the NHRC violated
this provision is manifest from the backgrounds of the seven
nominees, only one of whom has any manifest practical human rights
experience. The other six consist of persons with little if anything
to lend them to the job, among whom is a police general, a civil
servant, a judicial administrator and an industrialist. Furthermore,
three of these people are still serving in other parts of government,
and their appointment to the commission appears to violate the terms
of the Paris Principles that members of government departments, if
included in the NHRC "should participate in the deliberations only in
an advisory capacity".
Violation of the Paris Principles in selection and appointment of
nominees to the NHRC would have real consequences for Thailand. The
Senate should be aware that were the status of the NHRC under the
principles reviewed, The commission could be downgraded and lose its
rights to participate as a national human rights institution in
international forums, such as has happened to the Human Rights
Commission of Sri Lanka. Aside from this, it would further undermine
Thailand's already greatly diminished credibility on human rights
issues worldwide.
Finally, the AHRC notes along with domestic groups that the manner of
selection and backgrounds of particular candidates may be in breach of
provisions both under the Constitution of Thailand BE 2550 (2007) and
the National Human Rights Commission Act BE 2542 (1999).
In this period of political and social turmoil in Thailand, there has
simply not been enough time given or attention paid to the process of
selecting these candidates for the National Human Rights Commission.
If the Senate proceeds to a vote on Friday, May 1, then it will be
doing so contrary to both international and even domestic standards
on human rights and will throw the future of the entire commission
into doubt. Above all, it will be doing a great disservice to the
people of Thailand. We strongly urge you to postpone this vote until
such a time as the matter has obtained the public attention that it
deserves and a coherent debate on the role of the NHRC and the
candidates for commissionerships has followed.
Yours sincerely
Basil Fernando
Executive Director
Asian Human Rights Commission, Hong Kong
Cc:
1. Mr. Abhisist Vejjajiva, Prime Minister of Thailand
2. Ms. Jennifer Lynch, Chairperson, International Coordinating
Committee of National Institutions for the Promotion and Protection
of Human Rights
3. Ms. Margaret Sekaggaya, UN Special Rapporteur on human rights
defenders
4. Mr. Homayoun Alizadeh, Regional Representative, OHCHR, Bangkok
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Asian Human Rights Commission
19/F, Go-Up Commercial Building,
998 Canton Road, Kowloon, Hongkong S.A.R.
Tel: +(852) - 2698-6339 Fax: +(852) - 2698-6367 |
