Former Supreme Court judge What Tingsamitr, 65, has taken the chairmanship of the troubled National Human Rights Commission (NHRC). Here he explains his roles and responds to critics’ doubts of his knowledge and experiences on human rights protection.
What makes you think you could act as a human rights commissioner?
I’ve been working as a judge for 35 years and in that position, I’ve helped solve human rights problems as well. I’m not seeking fame and money as I have already attained this. I received the highest royal order (4th tier) 12 years ago. Here, the NHRC is facing bigger and perhaps more stressful work, but I am volunteering to use my experiences for the benefit of the people.
What Tingsamitr, chairman of the National Human Rights Commission
Those pre-judging me should allow me to work first. It has only been less than a month but we’ve done a lot of work already (issuing two key statements).
If we want a nationally known person, it may be better to select a movie star. But in legal circles I’ve been teaching perhaps ten thousand law students for decades, especially in the areas of trademarks and intellectual property rights. I was on the chief bench in the Supreme Court and my last position was senior Supreme Court judge. Is this graded as under-qualified?
I’m not bothered if anyone will say I’m pro- or anti-junta. All of my friends across the political spectrum know I uphold the law as the ultimate answer to any problem. When the coup makers assume the top authority in the country, their orders have de facto become laws and if we try to refer to something else it will cause more turbulence in the country.
What are the main sources of the human rights problems in Thailand?
The NHRC is operating under a different human rights context from where it started 16 years ago. When it was first formed, the socio-political conflicts were just starting. The NHRC's second evolution saw a deeper divide in Thai society with various forms of violence — shootings, bombings, protracted protests, etc.
The coup was of course unlawful as it breached the law, but it doused the riots and attacks. Saying this doesn’t mean I support the coup; now that the situation seems be getting warmer again.
The responsibility of each NHRC batch varies according to the circumstances. What needs to be dealt with now are the results of cumulative problems. Our task is to make people in the country who think differently come to certain norms of co-existence without having to overthrow or kill one another.
It’s not easy and perhaps Thailand needs another generation to pass these bitter conflicts.
Some mocked the NHRC as being too soft. But we stick to principles such as using designated courts (instead of the military court), access to relatives, lawyers and lawful detention, and no arbitrary exercise of power.
I don’t want the NHRC to create new conflicts.
So what will be framework guideline for your six-year term? Will you take the cue from the UN and international NGOs on the lese majeste and military court/prison issues?
I don’t think we have to visit the temporary prison inside the 11th Military Circle. We have to first discuss the issue within the NHRC. But as it is inside the military compound, it’s certainly not convenient for detainees and relatives to visit.
So many things are happening now, but we may have to verify what is really happening and establish some facts (before making a move). Of course, the NHRC can address obvious and immediate issues right away.
While we are under special circumstances (coup government), we may not get absolute human rights but at least basic rights should be observed and protected.
The NHRC is not an executive body — in justice or administrative works, but we examine the issues and make recommendations to relevant government agencies.
Our power to lodge a lawsuit has not yet been fully reaffirmed. That’s why we need a new law or an amendment to the old NHRC law.
Our priorities are to fine-tune the different understandings in society about the meaning of human rights; the state thinks they have authority, the protesters think they have rights, for example.
Reconciliation may not be the word. Do we think having a new country in the North or South is really a solution?
Those against or pro-coup and lese majeste laws are both extremists. If we abolish the (monarchy protection) clause, what about another protection clause for a foreign monarch or head of state? Or should we amend the law for a softer penalty?
This could be further discussed but the main priority is to ensure people in the country first understand the basic common ground on human rights.
So what are the steps?
We may have to split the sub-committees receiving complaints and issuing the screened/concluded complaints; and sub-committees on civil and political rights.
We can change the working modalities if that doesn’t work. We will have something like KPI for all the commissioners including myself to measure time and money spent on each issue.
We will try to set up more permanent networks in all regions apart from the one in the South. We don’t have the budget to establish local offices to receive complaints.
Concerning the downgrading (by the International Coordinating Committee of National Human Rights Institutions) we have informed them what steps have and need to be taken. But it may not be in time for the 28-day deadline on Dec 22.
But there is still the possibility of blocking the final vote (downgrading) in March. Currently, we have suggested to the Constitution Drafting Committee to widen the NHRC screening committee to include member(s) of civil society and academia. Who knows, there may be a miracle in issuing the law amendment in time for the downgrading rectification.
Achara Ashayagachat is a Senior News Reporter, Bangkok Post.