The human rights condition in Thailand is paradoxical. A liberal mindset does not regard the country as a democracy. Instead, it sees it as one lacking in freedom of expression and constantly violating the rights of its own citizens.
On the opposite spectrum, more than a few Thais firmly believe they enjoy all forms of freedom -- too much, perhaps, some would say. Regardless of ideological leaning, opinions and news on human rights in Thailand display various opinions ranging from facts, half-truths, and fake news to conspiracies and even fantasy. That said, the idea of human rights in Thailand is based on the eye of the beholder, Thais or foreigners. Meanwhile, looming in the background is the ever-present and powerful lese majeste law known as Section 112 of the Criminal Code.
The country's human rights record will again be the subject of hot debate and close scrutiny over the next few months as it bids (for a third time) for a seat on the United Nations Human Rights Council (UNHRC) for 2025-2027. Prime Minister Srettha Thavisin reaffirmed Thailand's candidacy at the United Nations General Assembly in September. The election of new UNHRC seats will be held at the UN headquarters in New York in October 2024.
Looking back, it was a painful lesson for Thailand during its second attempt for the period covering 2015 to 2017. No one in the Yingluck government saw the 2014 coup coming. The military takeover took its toll on Thailand's bid due to the far-reaching political and diplomatic repercussions. The international community, including friends in the West and the region, turned their back on Thailand.
After Thailand held a much-awaited and long-delayed general election in March 2019, then-prime minister Prayut Chan-o-cha thought the country had shaken off its dictatorial image following the military's seizure of power in 2014. With key military officials elected in the new government, the death knell had already been sounded.
But Thailand thought it was worth going for that second bid for a UNHRC seat, albeit with some strong internal objections. Gradually, to prepare for the third bid, the second Prayut government attempted to recoup what was lost under his watch, especially the issues related to human rights and its role in international human rights. Thailand is a party to eight out of the nine core human rights treaties. One of the biggest achievements was the ratification of the Protection of All Persons from Enforced Disappearances. However, overall implementation and amendments of domestic laws continued to lag behind. Both Thai and foreign annual reports on human rights conditions have identified the same problem.
For instance, when the Prevention and Suppression of Torture and Enforced Disappearance Act 2022 was about to take effect in February 2023, the then government postponed the enforcement of some articles, such as 22 and 25, citing more time for police to obtain a budget to purchase videos in vehicles and for police to record the arrest and interrogation as well as educate law enforcers.
Unsurprisingly, the Pheu Thai-led government views UNHRC membership as an affidavit that Thailand has turned a new page in its democratic development and protection of human rights. The Thai foreign ministry, which spearheads the current campaign, has reiterated time and again that Thailand has advanced in terms of human rights protection and its role in promoting international human rights, particularly promoting gender equality within the UN system, including in peacekeeping forces.
Back in 2018 and 2019, when the international community became more receptive to positive domestic developments, Thailand put human rights on its national agenda. Saranrom Palace later stated that Thailand had also become an example of countries that had been successful in protecting the health and social rights of vulnerable groups during the Covid pandemic. At least the human security aspect of public health care has raised the country's international profile markedly.
This time, the stakes for winning UNHRC membership are high. Succeeding will be a new indicator that the country has recovered and gained the trust of the international community concerning human rights. If elected, it would be a crucial time for Thailand to play a role on the world stage during a time of international crises. Further elaboration on Thailand's ambition was made last month by Vice Minister for Foreign Affairs Sihasak Phuangketkeow at a UN conference on human rights in New York.
Mr Sihasak, who served as former president of the UNHRC in 2010-2011, shared his experience and provided some useful recommendations. He reiterated the importance of the promotion of dialogue and constructive engagement in its response to country situations and addressing challenges. He also pointed to the need to rationalise the work of the UNHRC to make it more effective and credible as well as to allow it to work on issues that need attention, not just issuing condemning statements as it has often done.
Another area of importance would be in the field of technical cooperation and capacity building. He added that enhanced coordination between the UNHRC and other organs of the UN, especially the UN General Assembly and the UN Security Council.
Whatever the outcome of Thailand's effort, it is appropriate now to quote Prof Vitit Muntabhorn, a great Thai scholar on human rights: "Human rights are inherent to all persons, irrespective of their origin(s) and status. As part of the global family, let us respect the reality and beauty of human diversity based on that universality." His views certainly represent the Thais' inspiration.