Government admits law impinges on freedoms

Government admits law impinges on freedoms

Thailand has admitted to the United Nations that the lese majeste law curbs freedom of expression.

The country also admits alleged malpractices regarding migrant labour and the sometimes fatal harassment of human rights defenders.

The admissions are included in a 108-page report detailing government communications with special rapporteurs of the UN. It was recently made available ahead of the 23rd session of the UN Human Rights Council.

On page 24, there was a short reply on Dec 26, 2012 from the Thai government to the UN Special Rapporteur on Freedom of Expression Frank La Rue to questions about cases in Thailand.

Thailand replied that the 2007 Constitution contains the clause: The King shall be enthroned in a position of revered worship and shall not be violated.

No person shall expose the King to any sort of accusation or action, the official reply said.

It also said Section 112 of the Criminal Code, known as the lese majeste law, was largely applied in a manner and with a frequency which raises concerns. The severity of the punishments received, the absence of exemptions on constitutional or legal grounds and the force it exerts over the judicial system add to the chilling effect on free speech, it said.

Unlike regular defamation cases, which can only be initiated by the damaged party, lese majeste complaints can be lodged by anyone in Thailand, which has led to a sharp increase in cases over the last few years, the reply says.

Thailand conceded that from 2003 to November 2012, 58 lese majeste cases were documented.

The reply also provided the names of the accused which included 11 foreigners.

Though the report itself would not be discussed during the June session of the UN Human Rights Council, member states and non-governmental organisations may refer to this communication during the session, most probably when the UN Special Rapporteur delivers his speech on June 3, a diplomatic source said.

The general communications report also included references to cases of torture in the South, maltreatment of migrant labour and killings of human rights defenders.

In March 2013, Thailand replied to a question about alleged torture and ill-treatment by military officers resulting in death. The reply admitted to the case of Pvt Wichean Phuaksom, who on June 1, 2011 was physically abused and tortured by 10 soldiers at a military training centre in Krom Luang Naradhiwas Rajanagarindra military camp, in Cho Airong district of Narathiwat province.

The abuse was said to be punishment for missing a military exercise. On June 5, 2011 Pvt Wichean died of renal failure as a result of his injuries.

On migrant labour the Thai government replied in February this year to UN questions about alleged negative consequences of the deadline of the nationality verification process for workers from Myanmar.

The reply was that the nationality verification process for Myanmar workers had to be completed by Dec 14, 2012. After the deadline, registration of irregular workers in Thailand would no longer be possible, and that all five Myanmar temporary nationality verification centres would be closed and no longer issue passports or visas.

Only legal workers from Myanmar who enter under a memorandum of understanding process would be permitted. Thai law enforcement authorities would return irregular workers to Myanmar, the reply said.

The nationality verification process has been the subject of previous communications.

In March, Thailand told a UN special rapporteur about the alleged killings of two female human rights defenders - Montha Chukaew and Pranee Boonrat - who were involved in a land dispute between their village and a palm oil company.

The women, who were also members of the Southern Peasants' Federation of Thailand, were shot dead on Nov 19, 2012 by unknown assassins near their village of Khlong Sai Pattana in Surat Thani province.

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