The Committee on the Elimination of Racial Discrimination today concluded its consideration of the combined fourth to eighth periodic report of Thailand, during which its Experts raised questions about the situation of indigenous peoples, migrants, asylum seekers and stateless persons.
A Committee Expert said that in the border areas in Thailand as well as on the coast, racial discrimination had been seen, based on ethnic, religious and political reasons. Many migrant workers and asylum seekers from neighbouring countries had an “illegal” status, and a considerable number of them, including children, were stateless. A large number of indigenous peoples who lived in the forest or coastal areas were discriminated against. Hate speech, stereotyping, and racial profiling against ethnic groups and indigenous peoples prevailed. There were many reports that the Government authorities, including the military and police officers, collected DNA samples from some ethnic groups and indigenous peoples without their informed consent, and used facial recognition technology, and other measures, which were all considered as racial profiling.
Responding to those questions and comments, the delegation said that Thailand did not condone racism or any practice of racial discrimination. Although there was no specific law on hate speech or racist propaganda, insulting others or committing an act of insult were offenses punishable under the Thai Criminal Code. In the case of Thailand, although the context of the term “indigenous” did not apply to the country, the 2017 Constitution accorded protection and promotion of human rights of all groups, without discrimination, including the right not to be subjected to forced assimilation or destruction of their culture.
DNA collection had been used for two particular purposes, and one of them was in the southern provinces for crime prevention. The question had been asked about the use of DNA to identify the origins of stateless persons. That had been done all over the country; if persons had evidence to be Thai, procedures would ensue accordingly. Birth registration and naturalisation aimed to reduce and protect stateless persons, and provide them with legal rights and access to public services. Birth notification, personal records and identification cards for non-Thai citizens were available to stateless persons, to allow them to stay in Thailand legally and apply for naturalisation. Children born in Thailand to non-Thai parents, including stateless children, were entitled to birth registration.
Wisit Wisitsora-at, Permanent Secretary, Ministry of Justice of Thailand and head of the delegation, presenting the report, said that Thailand had a zero-tolerance policy against discrimination. The Ministry of Justice was working on a draft Act on Anti-Discrimination, the first special law that would provide comprehensive protection against discrimination. Thailand maintained its interpretation of the term “indigenous peoples” as referring to those who were pre-settlers or had lived in the area in the pre-colonial period, which was not applicable in the case of Thailand. However, Thailand continued to accord full legal recognition and non-discriminatory treatment for all 62 ethnic groups in the country. To concretely address the statelessness problem, Thailand had conducted free and voluntary DNA sample collection for persons without legal status or nationality, with the aim of verifying their origins. In 2022, at least 800 non-status and stateless persons would be targeted to be registered through that campaign, which focused on the hill-tribe villagers in the northern part of Thailand, as well as in other remote areas.
The delegation of Thailand consisted of representatives of the Ministry of Justice; the Ministry of Foreign Affairs; the Ministry of Interior; the Ministry of Public Health; the Internal Security Operations Command, Division 4; the Royal Thai Police; the Office of the National Security Council; and the Permanent Mission of Thailand to the United Nations Office at Geneva.
Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee’s one hundred and fifth session and other documents related to the session can be found here.
The Committee will next meet in public on Tuesday, 23 November at 3 p.m. to begin its consideration of the combined twenty-second through twenty-fourth periodic report of Denmark (CERD/C/DNK/22-24).
Report
The Committee has before it the combined fourth through eighth periodic reports of Thailand (CERD/C/THA/4-8 ).
Introduction of the Report
WISIT WISITSORA-AT, Permanent Secretary, Ministry of Justice of Thailand and head of the delegation, introducing the report, said that Thailand had become a State party to the Convention in 2003 and since its entry into force had endeavoured to fulfil its obligations under the Convention. The preparation process of the report before the Committee had been conducted from 2014 through 2018, with the meaningful participation of all stakeholders, and under the supervision of the National Committee for the Promotion of the Implementation of the Convention. Nine consultative platforms had been held in Bangkok and other regions to disseminate information on the initial report and the Committee’s observations. The provisions of the Convention were not directly applied in Thailand, but the country had a zero-tolerance policy against discrimination. The protection provided by international instruments had been enshrined in a number of domestic laws, especially the 1997 Constitution and subsequent Constitutions.
The 2017 Constitution provided protection against a wide range of forms of discrimination, as it prohibited discrimination on the basis of difference in origin, race, language, sex, age, disability, physical or health condition, personal status, economic and social standing, religious belief, education, or political views. As such, the 2017 Constitution was a stepping stone to the 2018-2037 National Strategy, which promoted development based on social and cultural diversity.
The Ministry of Justice was working on a draft Act on Anti-Discrimination, the first special law that would provide comprehensive protection against discrimination. The draft Act on Protection and Promotion of the Way of Life of Ethnic Groups also represented significant progress. It contained the following important principles: protection of cultural rights; capacity building for ethnic groups; and equality in the face of ethnic differences. In addition, various government agencies had jointly implemented a Plan to Promote Co-Existence under Multicultural Society in Thailand, which aimed to raise awareness and create better understanding of cultural diversity in the country.
Various proactive efforts to support the protection and promotion of the rights of ethnic groups included inter-agency cooperation in providing legal assistance and other necessary services. Justice Clinics around the country provided legal advice, complaint management, mediation, witness protection, and financial assistance to injured and accused persons in criminal cases, including in remote areas. Having joined Member States in the adoption, in 2007, of the United Nations Declaration of the Rights of Indigenous Peoples, Thailand nevertheless maintained its interpretation of the term “indigenous peoples” as referring to those who were pre-settlers or had lived in the area in the pre-colonial period, which was not applicable in the case of Thailand. However, Thailand continued to accord full legal recognition and non-discriminatory treatment for all 62 ethnic groups in the country.
On the topic of stateless persons, Thailand was developing a National Screening Mechanism to identify people in need of protection and grant them legal status, temporary stay in Thailand, as well as access to basic services. To concretely address the statelessness problem, Thailand had conducted free and voluntary DNA sample collection for persons without legal status or nationality, with the aim of verifying their origins. In 2022, at least 800 non-status and stateless persons would be targeted to be registered through that campaign, which focused on the hill-tribe villagers in the northern part of Thailand, as well as in other remote areas. In addition, Thailand was working with the United Nations Refugee Agency on a “Statelessness Reduction and Community Sensitisation Project”, which complemented the Government’s efforts in awareness-raising and the provision of legal and administrative support to individual applicants.
Thailand had managed to register over two million undocumented migrant workers, enabling them to be legally protected and entitled to receive social services. During the COVID-19 pandemic, Thailand had allowed migrant workers from neighbouring countries to stay and work in the country. Thailand supported global solidarity in promoting equitable and universal access to safe and effective COVID-19 vaccines and countermeasures. The Ministry of Public Health aimed to accelerate vaccination among migrant workers, and target groups included migrant workers along the border areas, as well as those in temporary shelters for displaced persons. The economic impact of the pandemic would not lead to the delay or denial of justice. Through its Justice Fund, all necessary services, namely the cost of bail, lawyer fees, court fees, forensic examination fees, and other expenses related to trial, were provided free of charge to those in need. Thailand was committed to the promotion and protection of human rights, and looked forward to a constructive dialogue, and to learning from the Committee.
Questions from Committee Experts
CHINSUNG CHUNG, Committee Member and Country Rapporteur for Thailand, welcomed the delegation from Thailand and expressed appreciation for the country’s submission of its updated common core document in November 2021, and its replies to follow-up and early warning and urgent action procedures. However, the Thai Government had submitted only two periodic reports since it ratified the Convention and it should strengthen its efforts for the timely fulfilment of its reporting obligations.
Noting that Thailand was mostly a destination country of migrant workers and refugees from neighbouring countries, Ms. Chung said that although there were various human rights issues, Thailand hosted significant numbers of migrant workers, refugees and asylum seekers, and she congratulated Thailand for those positive efforts. Thailand neighboured several countries, including Malaysia, Myanmar, Lao People’s Democratic Republic and Cambodia. In the border areas with those countries, as well as on the coast, racial discrimination had been seen, based on ethnic, religious and political reasons. Many migrant workers and asylum seekers from neighbouring countries had an “illegal” status, she said, and a considerable number of them, including children, were stateless. A large number of indigenous peoples who lived in the forest or coastal areas were discriminated against. Those groups’ enjoyment of human rights was hindered by unsustainable and non-human rights-based development. Most development policies were made without free, prior and informed consent of the people who had lived in affected areas for generations. There were also reports of forced evictions without proper compensation as a result of construction and development projects, with the complicity of transnational corporations. The Committee also noted that hate speech, stereotyping, and racial profiling against ethnic groups and indigenous peoples prevailed.
The human rights situation had further deteriorated under emergency decrees and martial law. Reports of enforced disappearances, torture and ill-treatment, and racial profiling against people in the southern border provinces, as well as oppression of human rights defenders, were very concerning.
The Committee was critical of the fact that the progress for the realisation of human rights was very slow, Ms. Chung said. After the Committee adopted its last concluding observations in 2012, working groups on early warning and urgent action procedures of the Committee had received information from civil society organizations, and subsequently the Committee sent letters to the Thai Government in 2015, 2017, 2019 and 2020. However, the situation appeared not to have improved, and the Committee continued to receive reports of human rights violations in relation to the issues raised in those letters. The Thai Government still had not ratified several important international human rights instruments.
Turning to concrete questions, Ms. Chung asked the delegation to provide statistical data on the ethnic composition of the population. Noting that the National Human Rights Commission of Thailand had been downgraded to a “B” status, she asked the delegation to explain why that had happened. Did the Thai Constitution guarantee the rights specified in article 4 of the Convention to all Thai people, including ethnic minorities, indigenous peoples, and non-citizens? What barriers were faced in access to justice?
On the matter of hate speech and hate crimes, the Committee had received information that the Government continued to spread negative stereotypes about ethnic groups and indigenous peoples. What measures were being taken to address incidents of incitement to racial hatred and propagation of racist stereotypes, including incidents involving Government officials in the media, on the Internet, and on social media?
There were many reports that the Government authorities, including the military and police officers, collected DNA samples from some ethnic groups and indigenous peoples without their informed consent, and used facial recognition technology and other measures, which were all considered as racial profiling. Could the delegation respond to those reports? Could the delegation provide information about measures taken to address acts of judicial harassment, violence, threats, intimidation and reprisals against human rights defenders?
