Thailand: NHRC opposes enforcement of state of emergency

The National Human Rights Commission of Thailand (NHRC) has monitored the eruption of violent situations with worries and grave concerns, especially the government’s handling of the problem.

On 29 August 2008, the NHRC made recommendations to the Government in its statement entitled “The Government should cease the use of violence, and should examine and review its legitimacy and responsibility”.

In the statement, the NHRC has clearly make its position clear that it disagrees and opposes any use of violence, exercised by whatever party. In particular, the NHRC urges the government to totally cease violence since it does not solve the problem but merely serves to expand the scope of demonstration and fighting by the people.

The violent incident erupting in the early morning of 2 September 2008 resulting in death and injuries caused distress to the nation. Although the police and military officers have managed to control the situation, the government still used it to justify the imposition of the state of emergency in Bangkok.

While the NHRC recognizes the government’s responsibility in solving the problem, but the state of emergency declared by the Government will worsen the situation and escalate the violence.

Previously, the NHRC has continuously warned the Government against using the Emergency Decree on Public Administration in the State of Emergency B.E. 2548 (2005), and opposed on 29 March 2007 the use of such Decree in Bangkok.

Therefore, on this occasion, the NHRC again opposes the enforcement of the decree in Bangkok as declared by the Government today, which significantly prejudices the protection of people’s rights and freedoms.

The NHRC recommends not only that the Prime Minister should revoke the state of emergency in Bangkok since it will not only worsen the situation, but also overlook the fundamental problem of the country, namely, the application of the state of emergency overrides the role and responsibility of the Parliament and politicians in checking and balancing the administrative power to ensure that it uses the state power legitimately in accordance with the spirit of the Constitution.

Date: 2 September 2008

Source: National Human Rights Commission of Thailand