Many of you may already knew that Thailand enjoyed the first constitution on June 24, 1932. It was the transition period from absolute monarchy to constitution monarchy. In the last 90 years, Thailand went through the Ups and Downs political upheaval, experienced social tension and economic hardship. One of the major incidents was the October 14, 1973 while freedom, rights and civil liberty became one of the keys national agenda. We just had a general election last month while the majority of people really hope that the country will be moving up from now on.
Through democratic evolution in Thailand, National Human Rights Commission (NHRCT) was established for the first time by the provision of the Constitution 1997. NHRCT was mandated to promote and protect human rights nationwide as an independent institution accountable to the parliament and general public. The National Human Rights Commission Act 1999 elaborated all key concern issues such as objectives, function and authority, composition of NHRC, qualifification, term of office, and the selection procedure as well as the investigation operation. However, due to some political reasons, the new NHRCT Act was adopted in 2017 with some constraints. The first National Commission was in place and started its function on July 13, 2001 under the leadership of the Chairperson, Professor Saneh Jamarick, a well-respected political scientist. The current commission was the fourth batch since 2001 with the 7 years term under the newly adopted NHRC Act 2017. Currently, NHRC Thailand is chaired by former Ambassador Pornprapai Kanchanarin and other 6 fellow Commissioners.
Talking a little bit about the role of the National Human Rights institutions (NHRIs) in the context of Global Human Rights Governance, the NHRIs have important role to encourage and ensure that such International Human Rights Standards and obligation (legally, morally and ethically) are able to uphold and being implemented successfully at national level. One of the key functions of the NHRIs is to receive complaints/appeal from general public either the victims of violation or other passer-by. In some cases, NHRIs might consider to take up the case and bring forward to investigate and conclude the findings. Recommendations will be made properly and address to particular concern persons or agencies related to the case as part of the promotion and protection of Human Rights.
In addition, based on our experience, collaboration of the NHRIs and the Civil Society Organizations, NGOs and concern groups is one of the key approaches to ensure effective monitoring, investigation, promotion and protection of human rights in the country. Dissemination of information and knowledge on Human Rights and building up Human Rights awareness and capacity are also important tasks the NHRIs need to pay much more a Fention.
International cooperation
Based on our experiences, since Human Rights is a universal concern, cooperation is one of the important dimensions to ensure such international standard, and efficient and effective implementation for the protection and promotion of Human Rights. Respect, Protect and Fulfill/Remedy, we believe, still a key human rights obligation of any state members and all state members to take up and uphold Human Rights collectively.
At the regional level in Southeast Asia, 6 existing National Human Rights Institutions namely, KOMNAS HAM Indonesia , Suhakam Malaysia, Philippines Commission on Human Rights, Myanmar Human Rights Commission, Ombudsman Timor Leste, and Thailand NHRC. They had been working together for some 16 years as a network knowing as the Southeast Asian National Human Rights Forum (SEANF). Fortunately, this year, NHRC Thailand is the Chairmanship of SEANF and will host the forthcoming Annual Assembly this September. The aims of SEANF are the plaIorm for mutual exchange and support including the share of information, capacity building, research and studies, advocacy on various key relevant human rights issues in the region.
At Asia Pacific regional level, NHRC Thailand is the member of Asia Pacific Forum on National Human Rights Institutions (APF-NHRI) since the early days. The Sydney-based, APF provide a lot of support to the members in term of information, experiences, technical and analytical skills as well as to strengthen cooperation among members. This to ensure that the members are able to operate in line with the Paris Principles 1991, the Guidelines of the National Human Rights Institutions in the Promotion and Protection of Human Rights, which is adopted by the UN General Assembly in December 1993. Paris Principles set out the 6 main criteria that the NHRIs require to. Mandate and competence, Autonomy from Government, Independence guaranteed by a Statute or Constitution, Pluralism, Adequate resources and Adequate Powers of Investigation. (In short: Independence, Efficiency, Accountability, Accessibility, Affordability, and Reliability, etc.)
On the part of the Inter-governmental cooperation at Sub-regional level, Association of Southeast Asian Nations (ASEAN) established the ASEAN Inter-governmental Commission on Human Rights (AICHR) on October 23, 2009 in conformity with the purposes and principles of ASEAN Charter (stated in article 14). Representative of each ASEAN Member States (AMS) forms the ASEAN body AICHR to be operated under the Term of Reference (TOR) determined by the ASEAN Foreign Ministers Meeting. There are also other ASEAN Human Rights body like the ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC, July 2012) which is reported to the ASEAN Ministerial Meeting on Social Welfare and Development (AMMSWD); ASEAN CommiFee on the Implementation of the ASEAN Declaration the Protection and Promotion on the Rights of Migrant Workers (ACMW, 2007).
Global Human Rights Governance: Strengthen Human Rights System:
Human Rights Council (HRC, 2006) was upgraded from the UN Commission on Human Rights (CHR, 1946) to be the main instrument in moving up the Human Rights Commitment of the global community.
Universal Periodic Review (UPR): A Peer-to-Peer system set up by the Human Rights Council to be one of the monitoring systems for all UN member states. Rotational report system will enable member states to report every 4- 5 years aKer the previous round of the review. However, in the last 16 years, there might be some area of improvement but still need a lot more efforts, commitment from the member states and broad participation of the key stakeholders including civil society, human rights defenders, academic, professional and mass media especially in the pluralistic democratic society.
Human Rights Treaty Bodies: Respected Human Rights Monitoring bodies were established once the treaty was entry into force. There are at least 9 international human rights covenants, conventions, treaties or the like.
Human Rights Indicator: An Important tool for self-assessment program on Human Rights performance
Human Rights Education: Some Missing Link – Seems there is no continuation after the first World Decade for Human Rights Education (1995-2004) and the Second World Decade for Human Rights Education (2005-2014). There is a strong need to reactivate and strategize to raise Human Rights Awareness and Consciousness. HRE is not only important at natitional level but regional and global level as well. Meaningful cooperation among inter-cultural, inter-religion might be affected and cause the conflicts if we fail to address HRE and raise Human Rights awareness substantively.
Human Rights Defenders: At the 50th UDHR, UN General Assembly adopted the Declaration on Human Rights Defenders on December 9, 1998.
Whereas the Declaration is not a legally binding instrument, it contains principles and rights that are based on human rights standards enshrined in other legally binding international instruments that are legally binding. Moreover, the adoption of the Declaration by the General Assembly by consensus represents a very strong commitment by States to its implementation.
Human Rights Court may be a possible body supplementing the role of International Criminal Court (ICC) which is established by the Rome Statute on ICC in 1998. The ICC basic mandate is to handle the gross violation of human rights under the 4 key basis: Crime Against Humanity, Genocide, War Crime and the Crime of Aggression.
However, Regional Human Rights Court are existing in Europe, Africa, the America, Central, Latin America and the Caribbeans, and so on. These can be the lessons learned for Asia Pacific countries to improve our performance to ensure that Human Rights, Justice and the Rule of Law are being upheld effectively.
Gap and Challenges ahead of us.
Denial of International Human Rights Obligations by the States
Critique over the Lip Services/ Anti-People/ Anti-Human Rights, etc.
Failure in transforming obligation into practical implementation
Common agreement on the Human Rights Building Blocks (NHRAP , NHRI4, HRE and RtD ,) is not yet really meet
However, as the National Human Rights Commission, we are also cooperating with relevant International Human Rights Mechanism in various aspects such as the technical assistance, capacity building, preparing shadow reports to the UPR process and particular treaty bodies in relation to and supplementing the state obligation in implementing of such programmatic response.
Regionally, NHRCT also actively involved and engaged with the Asia Pacific Forum on National Human Rights Institutions (APF-NHRIs), Southeast Asian NHRIs Forum (SEANF), and the ASEAN Intergovernmental Commission on Human Rights (AICHR), ASEAN Commission on the Rights of Women and Children (ACWC), since the beginning.
Last but not least, I would like to mention here that the current strategic policy plan of NHRC from 2021-2025, is focusing on 5 key areas namely, (1) Human Rights and Criminal Justice (2) Discrimination and Equity (3) Status of the Citizen, Statelessness and access to public services (4) Community Rights and the Rights to Environment and Natural Resources (5) Domestic Violence.
Conclusion:
A. Universality, Indivisibility, Interdependent, Non-Discrimination are the key principles for the Protection and Promotion of Human Rights Worldwide
B. Vienna Declaration and the Programme of Action is the new Human Rights Consensus made in 1993. It’s the time for all member states to renew their strong Commitment to uphold human rights. Earlier in 1945, the UN Charter stated the purposes of the United Nations in Article 1 (3) that “To achieve internatitional co-operation in solving international problems of an economic, social cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinctition as to race, sex, language, or religion.” Actually, 2025 is going to be the 30th year of Beijing Declaration and PlaIorm for Action, adopted on September 15, 1995. Thanks also to the PRC that played a critical role as the host country. It is another historical document we have to take this seriously.
C. Furthermore, the UN Declaration on the Human Rights Defenders 1998 stated the important role of Human Rights Defenders by Identifies human rights defenders as individuals or groups who act to promote, protect or strive for the protection and realization of human rights and fundamental freedoms through peaceful means; Recognizes the key role of human rights defenders in the realization of the human rights enshrined in the Universal Declaration of Human Rights and legally binding treaties and in the international human rights system; Represents a paradigm shift: it is addressed not just to States and to human rights defenders, but to everyone. It emphasizes that there is a global human rights movement that involves us all and that we all have a role to fulfil in making human rights a reality for all.
Today, 30 years ago, the World Conference on Human Rights (WCHR), was inaugurated in Vienna, Austria. Almost of the United Nations members states presented there, adopted the Vienna Declaration and the Programme of Action, after years of preparation and months long negotiation over the text. So far, it is one of important Human Rights documents besides the UDHR and other International Human Rights Treaties and Declarations.
Excerpt from Boonthan T. Verawongse's Speech at the "Forum on Global Human Rights Governance".
(Boonthan T. Verawongse is a Advisor, National Human Rights Commission of Thailand)
