#Thailand: EU says Thai junta 'risks silencing debate' over constitution

Thailand’s military junta has been given a marathon dressing-down by foreign states.  The condemnation of the junta’s human rights record came from UN member states attending the Universal Periodic Review (UPR) review in Geneva, writes Martin Banks. 

Several UN members expressed concern over the deteriorating rights situation since the military took power in a May 2014 coup.  Some urged the military to review controversial laws, such as a royal insults law, that rights groups say have increasingly been used to silence critics.

The junta should "allow all Thai people to fully participate in the political process," the United States said in a brief statement, calling for the elimination of "mandatory minimum sentences for lesé-majeste”.

Thailand is one of 14 countries which were questioned at the UPR on Wednesday, a cyclical review of the human rights record of the 193 United Nations members.  Among other critics was Belgium which asked when Thailand will stop trying civilians in military tribunals.

Norway, herself a kingdom, went so far as to recommend that Thailand abolish altogether its controversial law against defaming the monarchy.  Veronika Bard, on behalf of the Swedish Government, urged Thailand to “explicitly prohibit in law any form of corporal punishment or other cruel or degrading punishment of children in all settings”, which also had support from several UN states.

Sweden made a recommendation “to develop, enact and implement a national action plan on business and human rights in order to implement the UN Guiding Principles on Business and Human Rights”.  The Swedish statement also included an encouragement for “the government of Thailand to fully co-operate with the UN in Thailand, and to follow through on its standing invitation to all special procedures.

“Finally, we ask the Thai government to ensure the space for civil society to operate without undue restriction.”

The recommendations from Sweden and many other UN-states are based on a National Report on the Human Rights situation conducted by the Thai state and shadow reports from different NGO’s.

Reaction to the UPR was swift, with veteran UK MEP David Martin telling this website: “The findings of the UN Human Rights Council on the situation of freedom of expression in Thailand is worrying. Freedom of speech is an essential precondition for democracy and the constitutional debate will be a sham unless people are free to openly express their views."  In a tweet, UN Human Rights Asia voiced concern about “violence against women and children” in Thailand.

On Friday (13 May), an EU spokesman told EU Reporter: "The European Union has repeatedly urged Thailand to uphold the principles of freedom of speech and assembly, in particular in view of the upcoming referendum on the draft constitution (to be held on 7 August). Recent measures taken by the Thai authorities risk silencing the debate.”

He added: "The EU expects the Thai authorities to accept and implement the recommendations in the Universal Periodic Review of the UN Human Rights Council, in particular in relation to these issues."

Thai government pledges to the United Nations Human Rights Council Wednesday were "meaningless," Human Rights Watch said.  The military government has stepped up prosecutions of those accused of defamation, handing down harsher sentences.

The latest crackdown comes as the military government prepares to put a widely criticized military-written constitution to the public in August. Thai authorities on Tuesday released on bail eight activists arrested in April over Facebook comments critical of the junta and the draft constitution.  Facebook rejects allegations of leaking information to the junta.  wo of the eight activists face separate charges of royal insult. They were charged on Wednesday with insulting the revered monarchy in private Facebook messages.

Thailand's strict royal defamation law makes it a crime to defame, insult or threaten the king, queen, heir to the throne or regent. Those found guilty face prison terms of up to 30 years for each offence.

Willy Fautre, of HRWF, a leading NGO, said: "The poor human-rights record of Thailand has recently been denounced at the UN Universal Periodic Review in Geneva, and rightly so. Human Rights Without Frontiers congratulates all the UN member states which made strong recommendations highlighting the total disregard of the basic principles of democracy, the rule of law and human rights by the military regime in place in Bangkok. This is a strong signal sent by the international community to the military junta."

Rights groups say the junta has tightened its grip on power and severely repressed rights in the past year. It has jailed critics, introduced new laws aimed at curbing freedom of speech, censored the media and restricted political debate.  The military government has stepped up prosecutions of those accused of defamation, handing down harsher sentences.

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