Tag Archives: ASEAN

Thailand’s “unsubstantiated” police abuses

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Thailand’s representatives to the United Nations still cling to the outdated idea that if they turn up at a big get-together and make nice comments about how they cherish human rights, then everyone will think things are fine in the land of smiles.

Not surprisingly, they are unhappy when other people tell a different story. So last March, when the Asian Legal Resource Centre addressed the U.N. Human Rights Council concerning Thailand, they weren’t at all pleased.

The Hong Kong-based group told the council that the police are the top abusers of human rights in Thailand, for which they enjoy impunity. The center did not make this statement frivolously. It has for years worked closely with people in the country on dozens of cases that speak to this fact, and it is aware of and has documented hundreds more. Many cases it cannot publicize because to do so would put lives at risk.

Notwithstanding, the government representative, Sihasak Phuangketkeow, claimed that the center’s remarks were “unsubstantiated.” Although his defense of his country’s record was not in itself surprising, the vehemence of his response was remarkable given the piles of evidence to the contrary which groups have accumulated and presented to international bodies over the last decade.

This week the center had a chance to rebut his claim. Continue reading

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Double legal standards jeopardize Thailand

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"We want to complain about a missing husband. He left home to join the Red Shirts and went missing." "He went missing on the day the army broke up the mob?" "No. On the day the police summoned him."

At a meeting of lawyers and jurists in Hong Kong this week a participant from Thailand identified the key issue for her country’s legal system as political control of the judiciary. Her statement was remarkable not because it revealed something that other participants didn’t already know, but because not long ago few professionals from Thailand willingly admitted that their laws and courts operate according to double standards. Now, few can deny it.

The double standards have been all too apparent this month. Following protests that forced leaders of the Association of Southeast Asian Nations and partner countries to flee from a summit venue in Pattaya, the incumbent prime minister, Abhisit Vejjajiva, imposed a state of emergency as blockades and violence spread in Bangkok. The army deployed. A court promptly issued arrest warrants for the red-shirted demonstrators’ leaders. Some were quickly rounded up and detained, while others went into hiding.

By contrast, the yellow shirts that took over Government House and two international airports for an extended period last year were allowed to stay put until the government was forced out through a court ruling on a narrow question under the army-imposed 2007 Constitution. No soldiers came to eject them. The legal process took weeks to move against the organizers. When the new prime minister was questioned on the authorities’ inactivity he disingenuously said that it was a matter for the police, not him. The criminal inquiries have been repeatedly postponed and at no time have the yellow shirts’ leaders been held in custody. One of them, businessman Sondhi Limthongkul, last week survived a shooting attack on his car.

Although the ousted Thaksin Shinawatra regime undermined the work of the upper courts, it was the 2006 military coup that brought them back firmly and openly under executive control. The coup leaders shut down a senior court, appointed a tribunal in its stead, had it go after the former premier, declared themselves immune from prosecution and proclaimed all their orders lawful. After voters re-elected Thaksin allies to the lower house of parliament (top judges are now responsible for the upper), it took two absurd legal cases against successive prime ministers for the coup-makers to finally get a government after their own heart, rather than one that the electorate wanted. The judges responsible for the verdicts included men who owed their jobs to the generals.

The double legal standards in the handling of rival political camps have done nothing to diminish the likelihood of further bloodshed and uncertainty in the near future. On the contrary, the obvious differences in how the yellow shirts and red shirts have been treated will only encourage government opponents to resort to increasingly extralegal means to get their way. Both sides and their backers have the aptitude and means for violence. Thanks to the politicizing of Thailand’s courts, now they have more appetite for it too.

Source: Thai courts’ use of legal double standards encourages extralegal means by opposition

Where are Burma’s neighbours?

In the days since Cyclone Nargis passed through Burma on May 2 and 3, bringing a tidal surge with it to the delta region that has literally swept away hundreds of villages, it has become painfully obvious that the country’s government is completely unable to deal with what has happened.

In the immediate aftermath of the storm, local residents in somewhat affected areas, including Rangoon, banded together to do everything from clearing roads to distributing emergency supplies of water and food. In many rural areas, monks have taken charge as thousands of people have converged on monasteries, which are among the sturdiest buildings and which often have stockpiles of donated wood, food and other necessities.

The lack of any official presence in these parts has been striking in a country where government agents, in and out of uniform, are normally omnipresent. But the absurdity, ineptitude and persistent greed that characterize so much administrative conduct in Burma have in some areas become most apparent after soldiers, police and bureaucrats have finally turned up.

In one part of Rangoon, a fistfight reportedly broke out when outraged locals saw that water tankers were delivering supplies to the homes of council members and military officers but not to anyone else.

At Pazundaung, a unit of soldiers went to nearby houses to ask for machetes with which to cut fallen trees. Their commander demanded a car to oversee his men and shopkeepers were called upon to give chains with which to drag timber from the road.

In the worst affected areas, flattened villages and ruined crops are still littered with bodies and not a single person has turned up to assist. Many places, such as Laputta, remain partly submerged and the numbers of the dead and missing not yet entered into the daily rising tallies.

So where are Burma’s neighbors? Not long after the storm struck, the Association of Southeast Asian Nation’s secretary-general, the former foreign minister of Thailand, Surin Pitsuwan, called on the other nine member states to give generously, and hoped the same of its partners, which include heavyweights China, South Korea and Japan. (See news of his latest statement.)

His appeal seems to have fallen on deaf ears. Continue reading

Teachers do time while ASEAN toes the line

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In most countries teachers with talent and commitment are valued; in Burma some are jailed.

U Aung Pe is one. Last month he walked out of the central prison, and kept going all the way back to his town 17 miles away. After three years he needed fresh air, he told a journalist by phone.

Aung Pe’s crime was to have taught underprivileged children without a license. In fact he had had one, but couldn’t get it renewed as he didn’t get along with the local education board. He says that its officials had kept asking for extra payments, which he refused, pointing out that he had rented a room at his own expense and was tutoring orphans and poor students for free.

He was arrested in February 2005, and charged under a 1984 law on tuition, which stipulates prison terms for offences such obtaining a permit improperly, unauthorized advertising, and holding private lessons inside school premises. He was convicted in August.

But the court’s verdict betrays the real reason that Aung Pe was put behind bars; a reason not covered by the tuition law at all. Continue reading

What the junta has lost

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The reports of car crashes, court cases and actresses’ haircuts that normally comprise the television broadcasts on Hong Kong’s aboveground trains last week gave way to the images seen all over the world of monks leading their people in prayer and protest at Burma’s military rulers.

In this city known for large and orderly public marches, people watched the inevitable bloodshed on Rangoon’s streets with both bewilderment and horror. A senior Buddhist leader, not known for his outspokenness, was moved to say that those responsible would surely go to hell — the killing of a monk being one of five sins from which there is no immediate redemption.

The facade of twinkling pagodas and tenacious development that the junta has tried to construct over the last two decades has come crashing down. No one inside the country, and no informed person outside, was fooled by that exterior; however, it had allowed the ruling council to go about its personal business with relatively little unwanted attention. No more.

Continue reading