Marwaan Macan-Markar has written an important article for IPS on the (non-)response of Amnesty International and Human Rights Watch to ongoing lese majeste oppression in Thailand. Here is an extract:
AI [Amnesty International] broke its long silence on lese majeste when Darunee’s case began in June this year. It criticised the court for ordering a closed trial of the proceedings, which a judge on the bench justified as a “matter of national security.”
But AI stayed clear of raising concerns if the law infringed on the right to freedom of expression. Public statements delivered earlier by HRW [Human Rights Watch] have also studiously avoided this fundamental right.
“We have felt that working in a more private capacity than in a public way is the most appropriate and the most effective response on the lese majeste issue to date,” says Benjamin Zawacki, South-east Asia researcher for AI. “There is an implicit knowledge of the sensitivity of this law.”
“There are competing interests at stake; one is the right to freedom of expression. But you have an institution here that has played an important role in the protection of human rights in Thailand,” Zawacki explained in an interview. “We can see why the monarchy needs to be protected.”
The Bangkok-based Zawacki admitted, however, that the law has been abused. “The lese majeste law, as is currently applied in the last three years, has been used for the suppression of free speech for largely political purposes and not for the protection of the monarchy, for which the law was drafted,” he says.
The Asian Human Rights Commission has been more outspoken.
And, in one of his email circulars, Jiles Ungpakorn writes:
In my view, there is little point in writing letters to the Thai authorities about this. However, what would be more useful is to write to Amnesty International and demand that they start taking up and campaigning for lese majeste prisoners in Thailand.
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It is time for all the international groups or organizations to look deeply into Thailand before this country is turned into another Myanmar.
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“most effective response” > Can Mr Zawacki please inform us what the concrete effects of this AI strategy have been to date? Thank yo.
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AI’s silent position may have made some sense in cases where a pardon was likely or at least possible, eg Harry Nicolaides’s and the Jufer case. Allowing the Thais to release Harry in their own good time, in a face-saving way, appeared to work … in the end. Whether a more vociferous approach would have been quicker or slower, or unsuccessful, is anyone’s guess.
But what is the chance of a pardon now for the recent unfortunate Thais convicted of LM ? Have Thais been pardoned in the past ? I don’t even know. If not, the point of silence as a strategy is moot.
As it stands, many international voices (media, governments) appear guilty of a double standard – what is unacceptable for non-Thais is not worth complaining about when Thais are the victims.
And from the BKK AI rep …
“But you have an institution here that has played an important role in the protection of human rights in Thailand … We can see why the monarchy needs to be protected.”
Maybe this obsequious position is part of the “soft” strategy. But for anyone setting an asian studies exam in the near future, can I suggest …. “The monarchy has played an important role in the protection of human rights in Thailand. Debate”.
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The same issue is taken up at Political Prisoners in Thailand. Their conclusion is: “AI should be ashamed of its position in Thailand on this issue. Amnesty International is hindering human rights, not helping them.” I agree.
The local AI chapter had been taken over by PAD people at one time. Maybe they continue to control it at that level. But then we have Zawacki’s comments, suggesting a more systemic problem for AI.
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AI’s website has this headline from Sept. 1: “Sri Lanka jails journalist for 20 years for exercising his right to freedom of expression”, and this from Aug. 11 (on the AI Thailand website): “Daw Aung San Suu Kyi’s new sentence ‘shameful’ ” – quoting AI’s Secretary-General.
About Da Torpedo, AI is silent. It is not only strange, it is suspicious.
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Here are a few emails addresses to begin petitioning AI – maybe New Mandala could start one up –
[email protected]
[email protected],
[email protected]
[email protected]
And let’s get a few things right here –
Pre the 2006 coup Thailand Amnesty International openly courted the PAD, with senior Thai AI people appearing on stage at PAD demos.
For a branch of AI to have been anywhere near a group whose avowed aim was a military coup and suspension of democracy is flabbergasting.
Secondly, the Amnesty office in London made the Thailand branch withdraw a statement in late 2008 from their website which supported the PAD. This is the same PAD other human rights groups were declaring as “fascist” at this time.
Thirdly, Ben Zawacki, seems to be very proud of his secretive discussions and connections with the Thai elite.
Yet, these connections have produced nothing substantive – political oppression is growing, freedom of speech is disappearing and executions have recently begun again.
Bizarrely, AI criticised the secrecy of Da Torpedo’s trial but then seemed to have colluded with this secrecy by not even mentioning the outcome of the trial (a draconian 18year prison sentence)!
Amnesty’s regional credibility is on the line – if human rights are seen to be trampled on in Thailand – a Western ally – why on earth should Burma etc listen to anyone? Da Torpedo’s imprisonment is as bad as anything in Burma and needs to be roundly and completely condemned by human rights activists and groups everywhere in the world.
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For years no one pays much attention to the Amnesty International reports that document all sorts of atrocities by law enforcement and in jails in which people are severely harmed or lose their lives. This trend really reached a height during the rule of police colonel Thaksin.
But when a few people can’t control their mouths and are made public examples of, then Southeast Asian Studies academics jump on a bandwagon and are suddenly interested in Amnesty International. What a stunning lack of consistency. No wonder why the general public is not very interested in what you have to say.
The general public also does not seem to be very interested in lese majeste issues in the way Southeast Asian Studies academics are, nor was Thaksin who has become there new cause celebre nor were his cronies who served as PMs earlier this year. Most of the LM suits were initiated under them.
Perhaps Amnesty International is trying to tell you guys to pay more attention to the real abuses that take place each year.
Thailand has fantastically wide freedoms of speech regarding the HR abuses that really count, that reached a new height during the Thaksin regime.
I’ll never forget when Thaksin tried to pressure an Akha voting rights activist up north by sending the police against members of her family.
Time to wake up and use your memory, flip flop academics.
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As usual, jonfernquest is wrong. Persons he calls Southeast Asian Studies academics cited AI reports on Thailand, including during the Thaksin period. Some random examples from a quick Google:
McCargo and Ukrist, Thaksinization: footnote 68, p. 245.
McCargo, Tearing the Land…: several references.
Arnold and Hewison, Journal of Contemporary Asia, 2005.
Munger, NY Law School Law Review, 2007.
Pasuk and Baker, Thaksin, several references.
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Hang on – plenty of journalists and academics railed against Thaksin’s HR abuses Fernquest.
The only person posting here with a short memory is yourself.
Instead of endlessly trolling against any voices that dare to upset your romanticised view of regal Thailand, why don’t you actually try and do something constructive. Putting pressure on AI over LM is a very valid and worthwhile strategy.
And if you don’t see the sense of revoking a law like LM then your railing against Thaksin’s use of it rings completely and utterly hollow. Such a law should not be available to ANY Thai ruler.
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Someone sent me a message with this suggestion
“Maybe someone should put something on Amnesty Blogs about this – it’s open to anyone: http://tr.im/y0fO”
Might be a really good place to begin a campaign and if Amnesty censored it would look even worse for them.
Just a thought!
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jonfernquest:
1. Can you cite evidence supporting your statement “For years no one pays much attention to the Amnesty International reports that document all sorts of atrocities by law enforcement and in jails in which people are severely harmed or lose their lives” ?
2. We’re not all “Southeast Asian Studies academics” here. But aside from your unwarranted slur against academics and the rest of us who care, can you deny there’s also “a stunning lack of consistency” in Amnesty’s total silence on the lese majeste cases? Are you actually saying AI is silent now because “no one” paid attention to them before? I think AI would be offended by such an accusation.
3. Are the current LM suits — Daranee, Giles Ungkaporn, Suwicha, Prachatai, etc. — more justifiable to you because they were initiated by post-Thaksin governments?
4. If “Amnesty International is trying to tell you guys to pay more attention to the real abuses that take place each year,” maybe Amnesty International would say so. Are you speaking with inside knowledge?
5. Maybe you’re right that “Thailand has fantastically wide freedoms of speech regarding the HR abuses that really count, that reached a new height during the Thaksin regime,” but (1) does that mean that 15 years in prison for lese majeste (or the longer terms under the new Computer Crimes Act that the police are so enthusiastic about) does not “really count”? and (2) what has the government done in response to the freely expressed criticisms of HR abuses “that really count”?
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hi Ben Zawacki, Perhaps you could have a quiet word next time you are having tea at the palace
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Thailand’s LM laws are a disgrace. Thailand has some of the world’s toughest defamation laws – these ought to be enough.
And I certainly do not support the foul, threatening language used by Da Torpedo – she should have apologised.
But Thailand risks becoming :
1) an international laughing stock, as a result of the LM laws.
2) and far more seriously – Thailand could become a country boycotted similiar to Burma currently, and apartheid South Africa previously.
Thailand’s elite, both legitimate and non-legitimate, funells much of its’ wealth – well-gotten or ill-begotten – via banks such as the Siam Commercial Bank, The Bangkok Bank, the Thai Military Bank, then into the western world via other banks such as HSBC. These could become targets of a boycott such as hit
Apartheid-supporting Barclays.
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Alarming progression of state-sponsored prosecution against a wide number and type of media, and those who use that media, has been taking place. Beginning with a growth of lèse majesté cases during the Thaksin Shinawatra administration, and further increasing since then, new legislation has been enacted by the Thai state to stifle expression, instill fear and reluctance to express opinion, and to implement measures against those who not only produce material the Thai state finds offensive, but also those who are in receipt of such material and who pass it on to others.
Undoubtedly part of the reason for this shocking progression of oppression on the part of the state – ostensibly for interests of national security – is that the Thai judicial system has not been used to establish meaningful protections for individuals and groups who seek to express themselves. Such absence in the United States many decades ago created the American Civil Liberties Union (ACLU) which took advantage of the powers of the courts then and to date to establish effective arguments, decided by courts and then made into meaningful protections, that helped guarantee civil rights and among other liberties, that of freedom of speech.
Thailand is, in this writer’s opinion, in dire need of the equivalent of its own civil liberties union, organized by NGOs and legal experts, to work toward sustainable protections and liberties that reflect those maintained in true democracies. Such a Thai Civil Liberties Union would add veracity to a noble cause to help pave the way toward a society where rights are not at the mercy of an oppressive state.
I would appreciate any input from especially Thais in this regard. A few foreigners have mentioned this idea of a Thai Civil Liberties Union, modeled along the existing USA model, but so far there seems to be a deafening silence. Is it because Thais are afraid, or they know that it would not be effective, or they have better things to do, etc.?
Any comments would be appreciated.
Frank G Anderson
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Frank: intersting that you rais these questions on the very day that the chair of Union of Civil Liberty is seen at Prachatai on this issue. There is some debate there and Political Prisoners in Thailand had some comments. I agree with you that things have deteriorated very rapidly. When are the Democrat Party going to eliminate their own name as an offence against the monarchy?
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Ralph:
Good question! Speaking of Democrats here in Thailand, Abhisit was really promising good things for democracy but has not only been shown as a lame duck, he has gone out of his way to prove that his foreign education did not inculcate a sense of justice and democracy that he supposedly went abroad to acquire, at least in part. But I have seen this behavior in the past in other places – in the US as well. People go abroad to learn something, and come back to prove they are still loyal to the status quo.
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Frank: Excellent point about Abhisit. A friend of mine has made the following point: most Thais might be excused for lacking a deep understanding of the rights of free thought and expression, the right and freedom to criticize authority, what democracy means, etc., but Abhisit was born and educated and spent a substantial amount of time in the UK and he surely has a deep understanding of these concepts, and — my friend emphasizes — he KNOWS that his lack of support (or worse) for these things is wrong.
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[…] of the Thai regime. The international community, and bodies such as Amnesty International (whose tacit acceptance of lese majeste imprisonments is problematic), need to implement a coherent campaign where it is made clear that the Thai regime […]
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[…] of the Thai regime. The international community, and bodies such as Amnesty International (whose tacit acceptance of lese majeste imprisonments is problematic), need to implement a coherent campaign where it is made clear that the Thai regime […]
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[…] of the Thai regime. The international community, and bodies such as Amnesty International (whose tacit acceptance of lese majeste imprisonments is problematic), need to implement a coherent campaign where it is made clear that the Thai regime […]
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I asked AI Thailand for an explanation as to why they remain silent on LM cases on my facebook account(several times).No answer.But they did eventually communicate with me by sending me an application form to join AI Thailand.Trouble was the age limit was 25.(Do you really have the worldly exp and drive at 25 ?) I’d jolly well take them up on their offer if I wasn’t double the age. I do realise of course this reply might have been a bit of leg pulling by them or some of AIT “junior”staff to keep me quiet.Very unsatisfactory state of affairs all round if you ask me.
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[…] has a longer history in Thailand of effectively supporting the monarchy through”understanding” the need for lese majeste r… and even issued a comment praising Abhisit for establishing a committee that has been used to […]
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Darren
are you saying that the maximum age specified was 25?
amazing, so how old are Ben and the supine board members of AIT?
I assume certain of the Thai elite prefer younger, compliant people to deal with but didnt realise that AI would be a recruiting ground….
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[…] prisoners) and Amnesty International, whose Thailand researcher, Ben Zawacki, has previously suggested some support for the use of lese majeste, are finally confronted with a case that they can’t shut their […]
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[…] earlier thoughts on lese majeste should not be forgotten. We have felt that working in a more private capacity than in a public way […]
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[…] gegen den тАЮMissbrauch“ dieser Gesetze zur Ausschaltung anderer politischer Gegner wandte (siehe hier). In den Jahresberichten von 2007-2010 findet sich lediglich die Erw├дhnung einer ├дu├Яerst […]
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[…] Ben Zawacki, has been repeatedly questioned regarding to comments he once made that appeared to defend the use of the lese majeste law. He was also queried for seemingly colluding with Abhisit-era Thai government officials when […]
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