Regime in for tough grilling by UN panel

A Thai delegation is expected to face a flurry of questions Wednesday on the country's human rights violations under military rule at a UN rights forum in Geneva, which will be broadcast live to the kingdom.

Several countries have already submitted questions ahead of Thailand's second human rights review by the UN Human Rights Council's Universal Periodic Review (UPR) Working Group in Geneva Wednesday, the agency said on its website.

Among the countries are Australia, Belgium, the Czech Republic, Germany, Liechtenstein, Mexico, the Netherlands, Norway, Slovenia, Spain, Sweden, Switzerland, Britain and the US.

The issues raised against Thailand include the expansion of internal policing powers for the military; addressing reports of torture and ill-treatment by security and military officials; cases involving lese majeste; the use of the death penalty; cases of enforced disappearances; martial law and special emergency laws in southern border provinces; and discrimination and racial profiling against ethnic Malays.

Fourteen nations have signed up to question Thailand during the Universal Periodic Review in front of this UN Human Rights Council - especially about the lese majeste law, use of military courts and diminished freedom of speech. (File photo, UNO)

They also include freedom of expression and assembly; judicial inquiries into the killing of journalists; combatting human trafficking; respect for the principle of non-refoulement; eradicating forced labour; steps to ensure migrant workers' rights and access to social services; the rights of migrants and refugees, particularly Rohingya; and the Aug 7 constitutional referendum, according to the website.

"What steps has Thailand taken to ensure that freedoms of expression and peaceful assembly will be respected in the run-up to the August constitutional referendum? What additional steps will the government take to allow the general population to openly discuss and debate the merits of the draft," the US delegation asked in a list of advance questions on the UN agency's website.

"Why is the Computer Crimes Act being used instead of the criminal defamation law and to what extent is the judiciary showing discretion in applying the laws in defamation cases?" said one of the five questions submitted by the British delegation.

With regards to trials by military courts after the 2014 coup, the Netherlands asked how many civilians have been tried in military courts; how many people have been sentenced, charged or arrested for lese majeste crimes; and how many civilians have been summoned to military camps or received a house visit by the military.

All UN member states are subject to a UPR every four and a half years, with other member countries offering suggestions on ways to address specific concerns. The first review of Thailand's human rights record was in 2011, when the Royal Thai Government accepted 134 recommendations out of the 172 recommendations received, according to UN data.

Thailand, whose delegation is led by Justice Ministry permanent secretary Charnchao Chaiyanukit, is one of the 14 states being reviewed by the UPR working group during its current session, which ends on Friday.

Prime Minister Prayut Chan-o-cha said exercising special powers under Section 44 of the interim charter is part of information Thai delegates are prepared to present in Geneva.

"I do not worry about it. I do this for the country," said Gen Prayut.

Foreign Minister Don Pramudwinai said Thailand has always agreed upon and supported human rights issues.

Thai delegates are ready to give explanations about the issue and Thailand sent delegates to present the matter voluntarily, the minister said.

He noted Thailand has been praised for ensuring the protection of children, the underprivileged, the disabled and women.

However, based on civil and political rights, it is necessary to maintain order and ward off chaos in the country, Mr Don said.

Responding to concerns that human rights issues would be used as a pretext for trade sanctions against Thailand, the minister insisted that will not happen, adding that each country has its own measures to ensure order.

Mr Don's comment was echoed by Justice Minister Paiboon Koomchaya, who said "the government has its own reasoning on ways to take care of our country".

Meanwhile, Anon Chawalawan, head of the freedom of expression documentation centre at iLaw, said the UPR is merely one tool among others that human rights activists may use to campaign or pressure the government.

International treaties are usually not legally binding and do not have sanctions, while the UPR process itself is based on the government's voluntary decision to accept or reject recommendations made by other countries, Mr Anon said.

"What is at stake is the country's reputation in the international arena," he added. The process could persuade the Thai government to take action under recommendations given but it is not obliged to do so.

New Democracy Movement activist Rangsiman Rome, who met with representatives of the UN Office of the High Commissioner for Human Rights in Bangkok Tuesday, called for the junta's human rights record to be investigated closely.

"The prime minister may act as if he doesn't care about the UN, but the Thai government will try to save its reputation," Mr Rangsiman said.

However, the Thai delegation faces a difficult task in defending itself, he added. "The UN agencies have been closely monitoring human rights violations in this country and evidence against the junta is damning."

The Geneva panel will be webcast live at 2pm at Black Box cafe in Bangkok, followed by panel discussions that will include local rights activists, UN officials and foreign diplomats.