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TITLE: THAILAND HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
THAILAND
Thailand is a democratically governed constitutional monarchy
with a history of frequent military coups and powerful
military-bureaucratic influence over political life. The King
exerts strong informal influence on carefully selected issues.
Thailand's return to democratic government was solidified in
1993, as the popularly elected civilian government has
revitalized the country's democratic institutions. After
prodemocracy protests were violently suppressed by the military
in May 1992, free and fair elections were held that September.
The military leaders responsible for the crackdown were removed
from their positions or demoted but have not been prosecuted,
although many were removed from their positions or demoted.
According to government and nongovernmental organization (NGO)
sources, approximately 48 protesters are still listed as
"missing." Prime Minister Chuan, a veteran legislator widely
respected for his strong democratic beliefs, heads a five-party
coalition that enjoys a 12-seat majority in the Parliament. He
has committed his administration to extending the benefits of
Thailand's rapid economic growth to all sections of the country.
The Thai security apparatus has wide-ranging legal powers,
largely deriving from past militarily controlled
administrations. The military has been supportive of the new
democratic government. Nonetheless, military leaders continued
to have an informal but influential role in internal politics,
especially in areas outside the capital. There continued to be
credible reports of summary executions and physical abuse of
detainees by police officers, as well as infringements by
security forces on the right of peaceful assembly. It is
unusual for victims or their families to initiate legal action
against the police or military, in part because convictions are
rare. Enforcement of a broad range of laws and regulations by
police is noticeably lax.
A newly industrializing country with a free enterprise economic
system, Thailand continued to enjoy remarkable economic growth,
averaging greater than 8 percent annual growth for the past 5
years. The Thai political system generally provides strong
protection for individual economic interests, including
property rights. Although the industrial sector is still
expanding rapidly, 65 percent of the population still lives in
rural areas and depends on agriculture as the chief means of
livelihood. There has been little progress in rectifying the
gap between urban and rural incomes.
Under the Chuan administration, the Government commitment to
human rights and civil liberties has become more pronounced.
The Government expanded protection of the right to freedom of
speech and assembly, increased the number of women in
government, sought to reduce child labor and prostitution, and
visibly supported human rights organizations operating in
Thailand. Government control of the media relaxed somewhat and
several new newspapers were established. Areas of human rights
abuse in 1993 included instances of extrajudicial killing and
abuse of criminal suspects by police along with government
failure to prosecute offenders; legal and societal
discrimination against women; violence (including trafficking
for purposes of prostitution) against women and children,
persistent widespread use of child labor, and selected
restrictions on free speech and press.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There is no credible evidence that criminal suspects are
systematically or regularly targeted for violence. However,
there continued to be credible reports by legal organizations,
reputable nongovernmental organizations (NGO's), and the press
that police summarily executed criminal suspects, particularly
in areas outside the capital. Reliable NGO sources who have
access to court records report that over 60 deaths occurred
either during arrest or while in police custody in 1992. These
figures represent only the 34 district courts (of a total 95)
that reported their 1992 statistics. It is difficult to
determine what percentage of police homicides were justified.
NGO legal advocacy groups pursued legal action against the
police in approximately 15 percent of the cases in 1993.
Official government statistics on the number of criminals and
suspects killed by police in 1993 were unavailable.
For example, on August 7, five police officers from Ban Pong
district, Ratchaburi province, were accused of killing a
vegetable exporter who ran a traffic light. The Ministry of
Interior (MOI) agreed to conduct an autopsy and initiate an
investigation into the incident. Relatives of the vegetable
vendor have retained an attorney to help track progress of the
MOI investigation, which was still in progress at year's end.
Although in the past there have been reports that police killed
detainees to keep them from reporting abuse to authorities,
there were no such cases reported in 1993. However, police
beat to death a demonstrator during protests against falling
rice prices. (See Section 2.b.)
Convictions of police in summary execution cases are rare, as
evidence is often lacking due to witnesses reportedly being
intimidated or paid not to testify. The law allows personal
suits against police officers for criminal actions taken while
making an arrest. However, due to flaws in the legal process
and ingrained cultural attitudes, victims or their families
rarely file suits against the police. During the initial
police inquiry, most police investigations routinely determine
that no wrongful action was taken on the part of the police;
judges generally follow the prosecutor's recommendations. In
cases of police homicide, a blood relative of the deceased has
the legal right to sue. If pursued by the family, the case is
handled by the same office, in some instances by the same
prosecutor, who has already ruled that no wrongful death
occurred. Reliable law advocacy organizations know of four
cases that were filed against the police for homicide in 1992.
There is no information to determine how many cases are settled
out of court, but in cases where suits are filed, the family of
the deceased often receives compensation from the Government
and the suit is dropped.
In August the Pattani United Liberation Organization (PULO)
Muslim separatist group was blamed for an attack on a train
that resulted in one death. In August and September a wave of
violence erupted in southern Thailand, resulting in the deaths
of several soldiers and one civilian. Muslims and particularly
PULO were blamed for the violence, but as of September, the
Government had not produced any evidence to link PULO to the
violence.
b. Disappearance
There were no new cases of disappearance in 1993.
After months of debate, NGO's, the MOI, and police officials
agreed on a list of approximately 48 "missing" protesters
following the military's violent suppression of prodemocracy
protesters in May 1992. Local investigations into their
whereabouts continue, and many family members and NGO's suspect
the majority are dead. An amnesty decree, reaffirmed in
November 1992 by the new administration, effectively protects
military leaders and protesters accused of criminal activities
during the May events from criminal prosecution. In response
to the decree, NGO's and the relatives of the missing filed a
civil suit against three of the top military leaders involved
in the May violence. At year's end, the court had postponed
the preliminary hearing on the suit while it considered a
petition by the plaintiffs that they be allowed to sue in forma
pauperis.
Also in response to the May 1992 violence, legislation was
passed in July requiring full Cabinet approval before military
force can be used to quell civil disturbances. There was no
progress in the cases of eight Cambodian criminal suspects who
disappeared after being turned over to Thai police in April
1992. With the closure of all Cambodian displaced person camps
earlier this year and the repatriation of all displaced Khmer
to Cambodia, the Government appears to have dropped this case.
No instances of disappearance at the camps for displaced
persons along the Thai borders were reported. On March 2, the
MOI charged a police lieutenant colonel with the kidnaping in
February 1990 of a Saudi Arabian businessman suspected of
involvement in the 1989 murder of Saudi Arabian diplomats in
Bangkok, but in September the charges were dropped. The
businessman and two other Thai suspects have been missing since
1990 and family members believe they are dead. The families of
the two Thai suspects claim that police repeatedly harassed the
men and eventually detained them to try to elicit a
confession. The police have no official record of arrests or
release of any of the three involved, but all were last seen in
police custody.
One lingering disappearance case that began in 1991, that of
Labor Congress of Thailand (LCT) President Thanong Po-An,
remained unresolved at year's end. The LCT continued to press
the current administration to make a more serious attempt to
locate Thanong. A government-appointed committee reported in
August that it had no additional evidence to determine the fate
of Thanong. It is widely believed that Thanong was kidnaped
and killed because of his criticism of the military regime that
took over the country in February 1991.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Although Thailand's Criminal Code forbids cruel, inhuman, or
degrading treatment or punishment, there continued to be
credible reports of police beatings of prisoners and criminal
suspects. Security forces do not use systematic physical abuse
or violence to target any particular group. However, criminal
suspects regularly complain of police attempts to secure
confessions or evidence through the use of torture such as
electric shocks.
In general, access to prisoners is not restricted. The foreign
prison population regularly receives visitors, and there are
scheduled visiting times for both Thai and foreign prisoners.
Solitary confinement is sometimes used to punish difficult
prisoners.
Conditions in most prisons do not, in general, threaten the
life or health of inmates. However, there have been continuing
unsubstantiated reports of sporadic physical abuse of both Thai
and foreign prisoners by prison guards in response to
disciplinary problems. International observers have commented
that conditions at the Suan Phlu immigration detention center
are so bad as to constitute cruel and unusual punishment,
noting extreme overcrowding and lack of medical care.
Immigration detention facilities are not administered by the
Department of Corrections and are not subject to many of the
regulations found in the regular prison system, such as those
mandating exercise and medical care or limiting length of
detention. Detainees are therefore held for extended periods
without being allowed to leave their cells or exercise and may
be incarcerated for an indefinite period of time. Thai
immigration law requires that prosecutors formally charge
detainees in court within 91 days of their detainment.
However, some detainees unable to put up bail or pay
deportation costs, or detainees whose countries refuse to
readmit them, can and have been held longer.
d. Arbitrary Arrest, Detention, or Exile
Thailand's Criminal and Penal Codes are based largely on
Western European models. Except in cases of crimes in
progress, arrest warrants are generally required. Specific
charges must be brought against detainees within 48 hours, but
police have the authority to extend the detention period to 7
days if required to complete an investigation. Detainees do
not have the right to have their lawyers present during
questioning.
There is a functioning bail system, but it is also evident that
judges have considerable discretion in determining eligibility
for bail. In a recent prominent case of an alleged plot to
assassinate the President of the Supreme Court, the presiding
judge denied bail to two of four co-defendants, releasing the
others (including the alleged mastermind) on bail. The only
legal basis for detention without specific charges for long
periods (up to 480 days) is the Anti-Communist Activities Act.
No one has been detained under the act's provisions since
1984. Nevertheless, some detainees at the Suan Phlu
immigration detention center reportedly have been held as long
as a year. In response to the amnesty decree, all remaining
detainees arrested during the May 1992 events were released
from police custody and charges were dropped.
Of the approximately 50,000 inmates in Thailand, it is
impossible to ascertain what percentage are pretrial
detainees. Prison officials do not maintain statistics on
sentencing and detention and pretrial detainees are not
segregated from the general prison population.
e. Denial of Fair Public Trial
The Thai legal system provides for the presumption of innocence
and access to courts or administrative bodies to seek redress.
The civilian judicial system has three levels of courts:
courts of first instance, courts of appeal, and the Supreme
Court. A separate military court hears criminal and civil
cases pertaining to military personnel as well as those brought
during periods of martial law. Also, Islamic courts hear civil
cases concerning members of the Muslim minority. A serious
flaw in providing due process rights is the lack of appeal from
decisions of a military court. Trials for misdemeanors are
decided by a single judge, although two or more judges are
required in more serious cases, in courts of first instance,
and by a panel of judges at the appellate level. While most
trials are public, the court may order a trial closed. This is
most often done in cases touching on national security or the
royal family.
Career civil service judges preside over the courts. Judicial
appointments and structures are not subject to parliamentary
review. Although generally regarded as independent,
commentators frequently charge the judiciary with venality and
complain of competition for preference among judges. In March
a former Supreme Court judge filed a malfeasance suit against
former Prime Minister Anand for failing to comply with a
resolution concerning the reassignment of judges. The lawsuit
stemmed from Anand's 1992 effort to increase executive branch
control over the Judicial Commission, which is responsible for
assigning judges.
The widely publicized lese majeste trial against Sulak Siwarak
began June 2 after his return from self-exile in December,
1992. The trial was open to the public and Sulak Siwarak
remained free on bail during the court proceedings; the trial
is expected to continue until mid-1994.
The trial continued in the lese majeste and secession case of
four Shiite Muslims, who have been held in prison since their
arrest in Pottanim in 1990. Suspects in other similar cases
have been released on bail, but repeated attempts to secure
bail for the four have been denied without justification.
The 10 officials of the former Chatchai government found to be
"unusually wealthy" filed suit to recover assets seized by the
former military junta, following a Supreme Court ruling that
the decree under which the assets were seized was
unconstitutional. In the wake of a subsequent lower court
ruling in favor of one of the plaintiffs, the Government
announced it would not appeal the order to return the seized
assets. It also decided that as a result of the precedent set
in this case, it would return the assets of all "unusually
wealthy" politicians (minus any outstanding taxes owed) without
waiting for the courts to rule on each case. At year's end,
the assets of most of the 10 politicians had been returned.
Defendants tried in ordinary criminal courts enjoy a broad
range of legal rights. Although they have no right to counsel
during the investigative phase of their cases, detainees are
granted access to a lawyer of their own choice before and
during the trial. A government program provides free legal
advice to the poor, but indigent defendants are not
automatically provided with counsel at public expense. Most
free legal aid comes from private groups, including the Thai
Lawyers' Association and the Thai Women Lawyers' Association.
Well-informed legal sources estimate that there are at most 10
political prisoners in Thailand. Political affiliation and
questionable evidence may influence the ability of the accused
to receive a fair trial or fair punishment.
The trial of 2 members of the outlawed Communist Party of
Thailand indicted in 1991 on charges of having joined in a 1982
plot to assassinate the Queen, the Prime Minister, and the army
commander continued in 1993. Ex-Major General Manun
Rupkhachon, accused of masterminding the plot, returned to
Thailand in November 1992 to face similar charges and was
released on bail. Little progress was made in the case since
his return; only two of 134 state witnesses have testified, and
several others refused to appear in court. Attempts to speed
up the judicial process were unsuccessful.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The law requires that police possess a search warrant prior to
entering a home without the owner's consent. However, search
warrants are issued by the police with prior approval only from
the MOI or provincial governor and are not subject to prior
judicial review. There have been credible reports that
officers sometimes endorse warrants in advance and then allow
their noncommissioned subordinates to apply them as needed.
The Anti-Communist Activities Act allows officials engaged in
"Communist suppression operations" to conduct searches without
warrants, but these powers rarely have been invoked in recent
years and were not invoked in 1993.
Thai society is essentially an open one; membership in
political organizations is voluntary and the unmonitored
exchange of ideas is generally permitted. However, it is
widely suspected that security services monitor persons
espousing leftist or controversial views.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for, and Thai citizens generally
enjoy, a substantial measure of freedom of speech, especially
with regard to criticism of government personalities and
policies. However, criticism of the royal family (lese
majeste), threats to national security (or advocating a
Communist system of government), or speaking in a manner likely
to incite disturbances or insult religion are not permitted
under the law.
The Government permits open criticism of its policies by both
journalists and private citizens. Privately owned newspapers
and periodicals practice some self-censorship especially with
regard to the monarchy and national security issues. Strong
criticism of political parties, personalities and the
Government is common and quite robust. In the past, there were
rare instances of journalists being killed in order to
suppress, or retaliate for, their reporting; there were no such
cases in 1993. In fact, journalists report they feel free to
comment on government activities without fear of reprisal.
The Government maintains tighter control over the electronic
media than it does over the print media. Radio stations are
government licensed and operated by government, military, and
private entities. They are required by law to broadcast
government-produced newscasts four times daily and a
military-produced commentary once a day. However, in 1993, two
prominent university stations refused to broadcast the military
commentary. There was no government retaliation for their
actions.
Although programmers are generally free to determine the
content and nature of television broadcasts, a government
committee set up in 1975 reviews television and radio
programming. It is common for internal censorship boards to
edit or "blackout" portions of programming deemed politically
sensitive. In January a popular politically oriented talk show
was censored because the frank and open conversation was
considered too controversial.
Authorization for the establishment of two new, privately owned
television channels was approved last year, and the bidding
process began in October. Of the existing five national
television channels, two are run by the army and three by the
Government. Two cable networks (totalling nine stations) are
available in the capital and operate without significant
government interference; satellite television is also available
in other areas of the country.
Representatives of the Thai film industry continued to
criticize the police-controlled film censorship board, which
regularly deletes all references in films to a number of topics
deemed politically sensitive or considered pornographic. Among
the topics subjected to censorship are police corruption,
criticism of the Thai military, misconduct by members of the
Buddhist clergy, and the 1976 student uprising. Thai domestic
publications continued to present a wide range of political and
social commentary in 1993.
Unless critical of the royal family or the monarchy, foreign
and domestic books normally are not censored and circulate
freely. The 1941 Press Law empowers the police Director
General to prohibit the import of printed matter deemed
dangerous to public order and morals. He publishes a list of
books barred from import in the "Royal Gazette" each year.
While the list mainly consists of literature widely regarded as
pornographic, it also still includes books written by
Communists. The Government imposed no new permanent or
temporary bans on the import of foreign publications during
1993; the last case of a foreign publication being barred from
import occurred in 1989. Academic and technical research was
conducted freely, including widely publicized research on
corruption in political parties and the police, in 1993 .
b. Freedom of Peaceful Assembly and Association
While the Thai legal system generally recognizes the right to
peaceful assembly, in practice government officials at times
act to restrict this right.
Official intolerance of public demonstrations appears highest
in rural areas, particularly in the northeast of the country.
Residents of these areas who stage peaceful public protests are
sometimes detained for inciting unrest and assembly of 10 or
more persons with intent to commit violence; rarely are
protesters actually charged. In one ongoing case, students
were charged with inciting unrest after arranging a protest in
which one student committed self-immolation; the trial began in
1990 and all defendants are free on bail.
In 1993 there was one notable incident of violence during a
peaceful protest. Thousands of farmers in Kamphaeng Phet
protested falling rice prices and their rally blocked the main
roads leading to the provincial hall. After several days of
peaceful protest, farmers allegedly injured several policemen
monitoring the scene. Police responded by beating the
protesters with batons, causing 25 injuries and one death.
After one farmer died from massive head injuries while in
police custody, local politicians demanded an investigation
into the killing. Soon after the incident, relatives of the
victim decided not to pursue legal action against the police
after receiving an amount equivalent to $4,000 from the
provincial administration. Local officials deny that the
compensation was awarded to the relatives to persuade them to
stop legal action. An interim report by the government panel
investigating the death that was leaked to the press in June
absolved the Government of responsibility for the violence. A
police probe to identify those officers responsible for beating
the farmer is ongoing.
Freedom of association is generally guaranteed for Thai
citizens as long as it is not perceived to threaten national
security. Private associations must register with the
Government, but permits are not required for private meetings
or gatherings unless held on public property.
c. Freedom of Religion
Freedom of religion is generally practiced and protected by law
and custom. The de facto state religion is Theravada Buddhism,
but other faiths are not restricted. Religious publishing,
regardless of faith, is allowed. Foreign clergy are permitted
to preach freely, although there are limits on the number of
foreign missionaries admitted.
There are no restrictions on religious ceremonies or
instruction, or on conversions from one faith to another, but
members of minority religious movements have on occasion been
subjected to legal action. One example of this has been the
ongoing trials (begun in 1990) of dissident Buddhist leader
Phra Potirak and his followers, who have been accused of
violating the law governing the Buddhist ecclesiastical
hierarchy and impersonating Buddhist monks or nuns. Phra
Potirak and his followers remain free on bail and have
continued their religious activities.
Like other private associations, religious groups are generally
required to register with the Government. Since the 1970's, in
an effort to limit the number of separate registrations by
Christian denominations, the Government has required Christian
church bodies to register with one of five umbrella groups.
Fixed numbers of work permits for Muslim and Christian
missionaries and religious workers are allocated to each
umbrella group.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The right of citizens to change their residence or workplace
was unabridged. Travel was restricted in certain border areas
where foreign or vestigial domestic insurgent groups remain
active. Longstanding restrictions on the travel and place of
residence of certain Chinese and Vietnamese aliens living in
Thailand remained in place in 1993. In addition, some
long-term noncitizen residents of Thailand must seek permission
from local authorities for domestic or international travel.
Foreign travel by women may be restricted by a new regulation
enacted by immigration authorities which requires women to list
their marital status. The Government states the new regulation
is intended to help reduce trafficking in women for purposes of
prostitution. There is also a law dating to the last century
that requires women to obtain their husbands' permission before
traveling outside Thailand. Available evidence indicates this
law is used only to combat trafficking in women for purposes of
prostitution. An additional, often criticized requirement that
female passport applicants under age 36 sit through a series of
interviews regarding their employment records and finances
remained intact. Passport applications by single Thai women
and children under the age of 14 must also be approved by the
Department of Public Welfare. These provisions are intended to
prevent the export of children for sale and women for purposes
of prostitution.
The Government has not revoked citizenship for political
reasons.
While not a party to international conventions on the status of
refugees, Thailand has acted impressively in the spirit of
those agreements by providing first asylum to over 1 million
people from Laos, Cambodia, and Vietnam since 1975.
In May Thai police and soldiers removed 563 Cambodians from the
Site 2 border camp and transported them to a U.N. High
Commissioner for Refugees (UNHCR) reception center in
Cambodia. The group had refused to join the UNHCR repatriation
convoys that returned 370,000 Cambodians from camps in Thailand
between April 1992 and April 1993. Although the return of the
563 was involuntary, they were not entitled to third country
resettlement, and there is no evidence that excessive force was
used.
Thailand continued to provide first asylum to Vietnamese and
Lao asylum seekers and to process them in accordance with the
Comprehensive Plan of Action (CPA) agreed to in Geneva in
1989. There were no reports of any pushoffs of Vietnamese
asylum seekers in 1993.
While there were unconfirmed reports of pushbacks of Lao asylum
seekers by Thai government officials in 1993, Lao asylum
seekers in Thailand continued to be screened under provisions
of the CPA to determine their eligibility for refugee status.
Thailand announced that all Lao camps are to be closed by 1995
and continued to cooperate with the UNHCR and Laos in a
trilateral program to facilitate the voluntary repatriation of
certain Lao in Thailand.
Official Thai policy since April 1, 1989, has designated
Burmese asylum seekers in Thailand as illegal immigrants
subject to deportation. However, senior Thai officials stated
on several occasions in 1993 that no Burmese recognized by the
UNHCR as a "person of concern" would be deported. In November
1992, the Government opened a first asylum camp in Ratchaburi
province, commonly referred to as the "Safe Area", for Burmese
dissidents residing in Bangkok. Residents of the Safe Area
have regular access to UNHCR which has concluded that the
conditions at the safe site meet broadly accepted international
standards for the protection and welfare of asylum seekers.
The camp provides legal status for eligible Burmese who have
been subject to arrest and deportation as illegal immigrants.
About 150 of the 738 Burmese explicitly authorized to live in
the camp resided there by year's end. Despite threats of a
crackdown, the majority of eligible Burmese refused to move to
the camp. Some cited a fear of summary deportation, while
others preferred the relative freedom of life in Bangkok. In
September the UNHCR temporarily withdrew its contractor from
the camp in response to acts of violence by a few residents
against her and her property.
Approximately 1,500 Burmese young people, students, and
dissidents live in camps along the Thai-Burma border. By
year's end, there were also about 73,000 ethnic minority
Burmese residing in some 30 camps in Thailand near the Burma
border. In 1993 there were increasing reports that some of
these camps served as support bases for combatant activities in
Burma by ethnic insurgent groups against the Burmese military.
On this basis, the Thai Government ordered the relocation of
several camps to Burma. The Thai Government continued to
permit voluntary agencies to provide food, medical, and
sanitation assistance along the border. Thailand also allowed
the UNHCR greater access to Burmese border camps in Thailand.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The right of Thai citizens to criticize and peacefully alter
their government increased in 1993. The democratically elected
coalition Government was generally successful in its efforts to
strengthen democratic institutions. Although Thailand's
history has been marked by frequent military coups and powerful
military-bureaucratic influence over political life, since the
May 1992 violence the military's role in politics has
significantly declined. The multiparty elections held in
September 1992 were widely deemed the most free and fair in
Thailand's history. Although future military intervention in
politics cannot be ruled out, the coalition Government of Prime
Minister Chuan is strongly committed to protecting democratic
principles. Thailand's current military leadership appears
genuinely supportive of the civilian government and of
democracy.
While there are no legal restrictions on political
participation, women are generally underrepresented in national
politics and in high governmental positions. However, the
number of women in local and national politics increased in
1993 as a result of more progressive government attitudes and
the 1992 MOI decision to abolish regulations that banned women
from serving as deputy district officers. In January the
Cabinet approved Thailand's first female governor and deputy
governor, and in March the first 13 women were appointed deputy
district officers by the MOI's Department of Local
Administration (DOLA). In May three more categories of civil
service positions were opened to women, and the first female
police major general was named in August. Also, in September,
a woman was named deputy minister of public health--the first
woman to be appointed to a Cabinet position by the current
Government.
Although there are no laws that prohibit participation of
ethnic and religious minorities, these groups remain noticeably
underrepresented in national politics. Ethnic minorities in
the north often lack documentation of Thai citizenship,
effectively barring their participation in the political
process. (See Section 5.)
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Local human rights organizations, which operated without
government restriction, were more visiblethan previously in
their attempts to press the Government to institutionalize
democratic reforms. Local human rights organizations have been
credited with helping to bring about changes in laws concerning
child prostitution, publicizing environmentally threatening
development, and promoting the status of women. They also
continued to pressure the Government to account for those still
missing after the 1992 demonstrations.
The Government took a more active role in human rights issues
in 1993 and has generally received positive assessments from
NGO's and other groups concerned with the protection of human
rights.
In February the Government allowed a group of seven Nobel Peace
Prize Laureates, including the Dalai Lama and Bishop Desmond
Tutu, to visit Thailand and advocate the release of fellow
Laureate Aung San Suu Kyi, who has been under house arrest in
Burma since 1989. The decision to allow the Nobel Laureates to
visit Thailand was significant as it reaffirmed the
Government's commitment to human rights, even in the face of
some military and civilian opposition.
International human rights NGO's have worked freely in Thailand
on potentially controversial and sensitive issues including
AIDS, narcotics, and refugees. Although the Government often
criticizes these groups for being politically motivated and
biased, it has not penalized or repressed human rights
observers.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
Women generally have equal legal rights, with specific
guarantees of equality with men in the areas of education,
matrimonial property, the right to choose habitation and
employment, and child custody. There has been a National
Commission on Women's Affairs since 1991. Inequality remains
in the area of domestic law. A man may sue for divorce on the
grounds that his wife has committed adultery, while a woman
faces the additional legal burden of proving her husband has
maintained or honored another woman in a manner equal to his
wife. There are no laws in place to punish men who refuse to
pay child support.
Though no Thai law specifically addresses domestic violence,
the Criminal Code's provisions on assault and abuse make both
spousal and child abuse criminal offenses. While reliable
statistics are hard to come by, one NGO that counsels abused
women states that in 1993, 175 cases of spousal abuse were
reported. This NGO notes that between 1980 and 1993, there
were an estimated 2,598 reports from battered wives. NGO's
concerned with these issues believe the number of abuse cases
is rising, and women's rights groups have set up counseling and
shelters for victims.
Although the Government denounces domestic violence, law
enforcement has not been vigorous; physical abuse often goes
unreported. There is no legal procedure to combat domestic
violence short of criminal prosecution. Rules of evidence
often make prosecuting such cases difficult, especially when
the victims are children. Due to these reasons and ingrained
cultural attitudes that permit spouse abuse, police are often
reluctant to pursue these cases. Private women's and
children's rights groups provide limited legal assistance to
victims of abuse.
Prostitution is acknowledged as one of the country's most
pervasive and troubling social problems. Estimates of the
numbers of women and children engaged in prostitution vary
widely. According to the Public Health Department, there are
approximately 75,000 prostitutes in Thailand. The large number
of temporary sex workers and the migratory nature of
prostitution in Thailand makes an accurate estimate of the
number of women involved in the sex industry difficult.
Several well-informed NGO groups estimate that the number of
prostitutes at any given time ranges between 200,000 and
500,000; other credible sources place the figure at close to a
million. However, all NGO's generally discount the 75,000
figure reported by the Government as grossly misleading.
Women engaged in prostitution typically come from poor rural
areas, particularly from the north. With scant economic
opportunities in their home villages, many turn to working as
prostitutes in urban areas as a way of fulfilling familial
obligations and improving the standard of living for themselves
and their families. It is common for procurers to advance the
parents of young women a substantial sum against their future
earnings; the money frequently is used to pay off debts or to
build a new house. The women are then obligated to work in a
brothel for a fixed period of time in order to pay back the
loan. No data are available on the number of women forced into
prostitution against their will. Human rights monitors believe
that the majority of the women who engage in prostitution are
not kept under physical constraint, although such cases exist,
particularly with women lured into prostitution from Burma.
In order to combat the lure of prostitution, the Government in
January set up a vocational training rehabilitation program to
keep women and children from reentering the sex trade. The
Government and NGO's also initiated efforts to educate women in
rural areas about the dangers of prostitution.
The trend of trafficking in women from hill tribes and
neighboring countries continued. Brothel operators reportedly
favor such women because they are cheaper to buy and their
inability to speak Thai makes them easier to control. In a
widely publicized brothel raid in Ranong in July, 150 Burmese
women were arrested by police as illegal immigrants and
prostitutes. Many of the women claimed they were tricked into
coming to Thailand by offers of employment. The women were
kept locked in dormitory style rooms, and many complained they
were physically abused by the brothel operators if they refused
to work as prostitutes. Because they are considered illegal
immigrants, the women have no right to legal counsel or health
care while imprisoned. Women's rights groups lobbied the
Government to allow them to provide basic health care to the
women until they are deported back to Burma, but were denied
access to the jail.
There have also been a number of well-documented cases of local
networks that "export" women for prostitution to such countries
as Germany, Japan, and the United States. Recent press reports
publicized the return of 2,000 Thai prostitutes who had been
working illegally in Japan. Recruiters reportedly receive
$12,000 for each prostitute who successfully enters Japan,
thereby making the export of women lucrative for both the
procurer and the women themselves, who can earn significantly
more money abroad.
Despite occasional high profile raids on brothels, laws against
prostitution have not been effectively enforced. In many
cases, brothels pay off local government representatives and
police. One NGO has reported publicly that it knows of many
instances where Thai police drove Burmese women into Thailand
in police vehicles and delivered them directly to brothels. In
the much publicized raid against brothels, hundreds of
prostitutes were arrested while very few brothel owners or
police were arrested. Of these, only a small number were
charged and even fewer prosecuted. There are currently four
laws designed to combat adult and child prostitution, but
observers note that these laws are rarely enforced. Under the
Penal Code, prostitutes are considered criminals, whereas
brothel owners, procurers, and clients are not subject to
criminal statutes. In September a Cabinet resolution was
passed to begin drafting a revision of the antiprostitution
laws to include customers, procurers, and brothel owners and to
reduce punishments for the prostitutes themselves. Poor
legislation, police corruption, and ingrained cultural norms
are widely blamed for the lack of effective measures against
prostitution.
Statistics compiled by NGO's concerned with women's issues note
that women represent half of the economically active
population; women outnumber men in nonfarm enterprises. Women
are also more likely to migrate to urban areas for employment,
and female workers dominate the primary export industries of
textiles, shoe manufacture, food production, and tourism.
The number of women in professional positions has increased,
and government regulations require employers to fix the same
wages and benefits for similar work regardless of sex.
However, discrimination in the workplace continue to exist, and
there is a significant gap between average salaries earned by
men and women as a result of the concentration of women in
traditionally lower paying jobs. In rural areas, sex
stereotypes are more pronounced with regard to employment and
social status, but even urban women face discrimination and
negative stereotypes.
NGO's concerned with the status of women became more active in
1993. Local NGO's have been credited with pressing the
Government to abolish discriminatory practices within the civil
service (see Section 3). Primarily privately financed and run,
women's organizations focus on providing legal assistance,
health care, and counseling for victims of abuse. These groups
report that while they receive generally positive feedback from
the Government and other NGO's, they face difficulty in
combating ingrained cultural stereotypes of women.
Children
There is widespread abuse of children in prostitution and child
labor. The Government is committed to eliminating child
prostitution, and the Cabinet passed a resolution in September
to begin revision of the existing Criminal Code to include
clients and procurers of child prostitution. As in the case of
adult prostitution, the current laws against prostitution have
not been adequately enforced. Although NGO's have attempted to
track the number of children involved in the sex industry,
there are no accurate statistics. In the past few years, NGO's
and government agencies have begun to counsel young people
about the dangers of prostitution and the threat of AIDS.
The Criminal Code provides for the protection of children from
abuse, and laws on rape and abandonment provide for harsher
penalties when the victim is a child. As in the case of
domestic violence against women, police are often reluctant to
pursue abuse cases, and rules of evidence makes prosecution of
child abuse cases difficult.
National/Racial/Ethnic Minorities
Progress in integrating ethnic minorities into Thai society has
been limited. Only half of the estimated 500,000 to 700,000
members of hill tribes are believed to possess documentation as
Thai citizens, which prevents them from exercising their basic
rights, including participation in the political process.
Advocates consistently cite the difficulties faced by many hill
tribe members in obtaining Thai citizenship as the primary
obstacle to their successful integration into society. The
hill tribe population has higher incidences of disease,
unemployment, drug abuse, and prostitution than other groups in
Thailand.
Vietnamese who entered Thailand prior to 1900 enjoy all the
rights of ethnically Thai citizens. However, the approximately
45,000 Vietnamese who fled Indochina in the 1940's and 1950's
and reside in northeastern Thailand live under a set of laws
and regulations restricting their movements, residences,
education, and occupations. As the threat to Thai national
security declined, the Government has seen it in Thai interest
to incorporate the Vietnamese population into Thai society.
The Government has pursued a more lenient policy toward
longtime Vietnamese residents in recent years and moved quickly
to process naturalization applications of approximately 30,000
third generation Vietnamese born in Thailand who became
eligible for citizenship in 1992. Vietnamese residents must
apply for permission to travel within Thailand or to study in
the universities, but permission is usually granted.
Noncitizen Chinese and their descendants who migrated to
Thailand in the 1960's and live in border areas must seek
permission from local authorities to travel.
Religious Minorities
Muslims represent a significant minority within Thailand as a
whole and constitute the majority in the four southernmost
provinces that border Malaysia. Although the Government has
attempted to integrate the Muslim community into Thai society
through development efforts and expanded educational
opportunities, recent violence in the south demonstrates that
divisions remain. The southern provinces are not only
separated by religion but by language and culture as well.
Discrimination against Muslims is widespread. There are no de
jure restrictions on Muslim participation in the political
process and several Muslims hold powerful positions within the
Government. However, Muslims remain underrepresented in
postsecondary education and consequently in many professions.
Following a spate of arson attacks and other violence in
southern Thailand in August 1993, security forces arrested and
charged four Muslim suspects believed to be supporters of the
separatist PULO. The trial of the first suspect arrested has
begun, but could take several years as over 40 prosecution
witnesses are scheduled to take the stand. The Government has
been criticized by some Muslims for its decision to try the
suspects in Bangkok in order to protect witnesses from being
intimidated. In the wake of the violence, army troops have
engaged PULO fighters in occasional skirmishes which have
produced minimal casualties on both sides.
People with Disabilities
Since the disabled rehabilitation bill was approved by
Parliament in 1991, the Government has taken few steps to
implement the bill's provisions. The bill established a quota
system and employer incentives for hiring the disabled, but did
not include provisions for special education or training in the
workplace. There are no laws or regulations mandating access
for disabled persons.
Section 6 Worker Rights
a. The Right of Association
The Labor Relations Act of 1975, as amended in 1991, grants
freedom of association only to private sector workers. The
1975 Act extends to these workers the right to form and join
unions of their own choosing without prior authorization; to
decide on the constitutions and rules of these associations and
unions; to express their views without government or employer
interference; to confederate with other unions; to receive
protection from discrimination, dissolution, suspension, or
termination by any outside authority because of union
activities; and to have employee representation in direct
negotiations with employers. However, no law explicitly
protects workers from discrimination due to their participation
in organizing new unions which have not yet been officially
registered. There are widespread reports that workers seeking
to organize unions face discrimination from employers. The
1975 Act specifically withheld from government workers the
right to form unions. Nonetheless, civil servants may and do
form "employee associations," which are influential in
determining salary scales, benefits, and conditions of
employment.
Since the advent of the democratically elected Chuan
Government, the labor environment has improved. On September
23 a new Ministry of Labor was created to take over functions
which were previously the responsibility of the Ministry of
Interior, reflecting a change from the traditional tendency in
the Government to view organized labor as a security problem.
In 1993 the Government also passed laws which improved
maternity and overtime benefits for state enterprise workers.
In April 1991, the military-appointed National Legislative
Assembly amended the 1975 Act to exclude state enterprise
workers, who represented half of organized labor in Thailand,
and enacted a new State Enterprise Labor Relations Act (SELRA),
which dissolved all unions in this sector. In place of unions,
workers in each state enterprise could form a single
"association" after at least 30 percent of the enterprise's
employees submitted a petition to the Department of Labor to
register such association. These associations may submit
employee grievances to management and propose changes in
benefits and working conditions, but may not negotiate wages.
Associations do not have the right to confederate or to join
private sector federations. Unofficial contacts between public
and private sector unions have continued, however, and the
democratically elected Government that took office late in 1992
has not interfered with these relationships. A number of
associations have maintained affiliations their predecessor
unions had with international labor organizations.
The SELRA, like the 1975 Act, denies all state enterprise
workers the right to strike. In the past, public sector unions
circumvented this prohibition by holding "extraordinary
meetings" which took workers off the job for days at a time.
The SELRA requires associations to hold general meetings only
on weekends and holidays, with severe sanctions for holding
unauthorized meetings during work hours. Also, under
Announcement 54 of 1991, both management and labor must select
outside advisers from those who have been certified by the
Ministry of Labor as having the requisite qualifications. The
ministry offers training courses for those not fully qualified
on the basis of prior experience. Advisers can be removed for
violations of the government-established standards. Labor
leaders maintain that government involvement in the selection
of labor advisers weakens their ability to organize and to
bargain collectively. Seven labor leaders from the state
enterprises have been certified as labor advisers, out of a
total of 600. However, many state enterprise labor leaders
refuse to apply to become labor advisers, believing that to do
so would lend credibility to a system which they do not want to
support. Announcement 54 also requires that a proposed strike
in the private sector be approved by a majority of the union
members in a secret ballot.
In November 1991, the International Labor Organization (ILO)
strongly criticized the SELRA. The ILO faulted it for
dissolving unions, transferring their assets, limiting the
number of associations which may be formed in each state
enterprise, setting unusually high minimum membership
requirements for associations, denying associations the right
to affiliate with private sector unions, and completely
forbidding strikes in state enterprises. Enforcement of these
restrictions, like enforcement of laws generally, is less than
complete. The ILO continues to request that the Government
rescind the law. The Chuan Government proposes to replace the
SELRA with a new version of the law which effectively restores
the rights enjoyed by state enterprise workers prior to the
promulgation of the SELRA. The proposed law has been endorsed
by state enterprise labor leaders. It has been approved by the
Cabinet and by the Juridical Council, but the last
parliamentary session in 1993 ended before the legislature
could consider the bill. The Government has said the new SELRA
will be a priority agenda item when the parliament reconvenes
in May 1994.
With respect to the private sector, under the 1975 Act the
Government has the authority "to restrict the right to strike
whenever a strike would affect national security or cause
severe negative repercussions for the population at large."
The Government seldom invokes this provision and did not do so
in 1993. However, local enforcement officers often threaten to
use this provision when dealing with strikes in progress. Thai
labor law also forbids strikes in "essential services," defined
much more broadly than the ILO standard. No strikes were
disapproved on those grounds in 1993.
Labor unrest has been relatively minimal since a period of
social upheaval in the mid-1970's. Because of the red tape
involved in getting government approval for a work stoppage and
the lack of understanding of proper labor procedures on the
part of many union leaders, the number of approved strikes has
averaged fewer than 10 annually for the past 15 years--there
were 7 in the first 6 months of 1993. Unauthorized strikes are
far more numerous, with 103 occurring from January to June. In
these work stoppages (deemed "unauthorized" because the law's
procedures had not been followed) management often ends up
making some of the concessions demanded by workers. However,
gains from such strikes are frequently won only at the cost of
excessive acrimony (by Thai standards) which could be avoided
by a more effective bargaining process. There were also seven
lockouts in 1993. In two of these instances, the Ministry of
Labor determined that management had not bargained in good
faith, as required by the 1975 labor law, so as to justify the
lockout.
Almost 60 percent of the work force is employed in the largely
unorganized agricultural sector. Even before the dissolution
of state enterprise unions, less than 3 percent of the total
work force, or about 12 percent of the industrial work force,
was unionized. Factors discouraging the growth of organized
labor are the antiunion sentiment and paternalistic approach of
employers, the Thai preference to avoid confrontation, and a
provision of Thai labor law permitting the formation of private
sector labor unions with as few as 10 members. This provision
has resulted in a proliferation of small, weak unions--about
700--grouped into 7 national federations. It also helped to
create a type of labor hustlers who formed small unions and
threatened strikes in order to extract payoffs.
While violence against labor leaders is rare, the 1991
disappearance of leading labor activist Thanong Podhiarn
remains unsolved. There are often reports of intimidation of
union leaders by management. In one highly publicized case,
the management at the Thai Durable Textile Company announced a
layoff of 376 workers to pave the way for increased
productivity. Those to be laid off included the senior local
union management. The Government intervened on behalf of the
workers, and the Interior Minister threatened to invoke the law
and order the company to reinstate the workers. The company
then agreed to offer a relatively generous severance package to
all workers to stimulate voluntary departures. More than 500
took the offer. However, six union leaders whom the company
insisted on dismissing at year's end were still fighting in the
labor court to keep their jobs.
Although there is a legacy of corrupt public sector union
leaders who were exploited by the military, politicians, or
employers for their own purposes, private unions generally
operate independently of the Government and other outside
organizations. The 1975 Act encourages this policy by
exempting union officials from prosecution in pursuing the
interest of their followers "provided that the activity does
not involve politics." Unions are free to associate
internationally with other trade union organizations and they
maintain a wide variety of such affiliations.
b. The Right to Organize and Bargain Collectively
The right to organize and bargain collectively is recognized
for Thai private sector workers under the 1975 Act, which
defined the mechanisms for such negotiations and for
government-assisted conciliation and arbitration in cases under
dispute. Despite the law, genuine collective bargaining
probably occurs only in 10 to 20 percent of workplaces which
are unionized. In practice, bargaining in most instances
continues to be characterized by traditional paternalistic
attitudes on the part of employers and a lack of education on
labor organization and/or willingness to be assertive on the
part of workers. Under the SELRA, state enterprise employees
may propose changes in working conditions, but not wages, to a
government-dominated labor relations committee in each state
enterprise. The ILO's Committee on Freedom of Association,
however, questions whether true collective bargaining takes
place within the labor relations committees established by
SELRA, since their proposals require approval by the relevant
ministry and enterprise.
The Government sets wages for both civil servants and state
enterprise employees. A system of labor courts created in 1980
exercises judicial review over most aspects of labor law for
the private sector. However, when courts determine that a
worker has been unjustly dismissed, they usually order
severance pay compensation rather than reinstatement. Workers
may also seek redress for their grievances from a tripartite
Labor Relations Committee.
The SELRA has no explicit provision allowing state enterprise
employees to appeal to the labor courts. Instead, they may
apply to an overall State Enterprise Labor Relations
Committee. Though no precise records are kept of the
determinations of the State Enterprise Labor Relations
Committee, it typically hears two or three cases a month and
labor leaders have not indicated dissatisfaction with the
treatment their concerns have received in this forum.
There are several special export processing zones (EPZ's) in
Thailand, with many more planned to stimulate the growth of
export-oriented industry. No separate labor legislation
applies to EPZ's, where wages and working conditions in fact
usually exceed national norms. There are some trade unions and
a few collective bargaining agreements in EPZ's.
In August 1993, the Government, for the first time intervened
to force resolution of a case where a private company was
refusing to bargain in good faith. Workers at the Thai
Pattraporn Company had been legally on strike for 10 months
when the Government called on both sides to reopen the factory,
prompting an illegal lockout. The Minister of Interior invoked
Article 35 of the Labor Act of 1975, which forced the Thai
Pattraporn Company to end the lockout. After reopening for a
time in accordance with the Government's order, the company
chose to close permanently rather than submit to arbitration.
c. Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced or compulsory labor except in
the case of national emergency, war, or martial law. The ILO
has criticized provisions of legislation which in theory could
punish with imprisonment or forced labor acts of labor
indiscipline, participation in illegal strikes, or propagation
of Communist ideology. At the request of the Government, an
ILO direct contacts mission went to Thailand in September to
investigate.
d. Minimum Age for Employment of Children
The legal minimum age for employment is 13. The law permits
the employment of children between the ages of 13 and 15 only
in "light work." The employment of children at night (10 p.m.
to 6 a.m.) is prohibited. The Government has estimated that
there are 100,000 children between the ages of 13 and 15 in the
labor force, but the actual number is probably much greater.
Stated government policy is to increase the minimum age to 14
by the end of the Seventh National Economic Plan in 1996, with
an expectation to raise the minimum to 15, the ILO standard, by
the end of the Eighth Plan in 2001. The Government has
initiated a teacher training and school construction program,
that when completed, will allow it to increase the number of
years of compulsory education from 6 to 9.
Child labor continued to cause considerable domestic and
foreign criticism in 1993. The Chuan Government has committed
itself to enforce the existing child labor laws. In June 1993,
the ILO, which in 1991 issued a "special paragraph" against
Thailand, welcomed the Government's commitment to eliminate
exploitation and illegal use of existing child labor but
stressed that much more needs to be done.
In 1992 the Department of Labor more than doubled the number of
inspectors specifically responsible for child labor issues. In
addition, the number of general labor inspectors increased from
500 to 618 in 1993. Prosecutions against employers for illegal
child labor rose from 7 in 1991 to 29 in 1992 to 34 in the
first 8 months of 1993. As of December, 22 violators had been
fined and two had been jailed. Nonetheless, police raids
continued to find children under age 13 working illegally and
others employed in dangerous, unhealthful, or otherwise harmful
circumstances. Enforcement of child labor laws remained
inadequate. There are no export industries in which child
labor is significant.
e. Acceptable Conditions of Work
A tripartite wage committee consisting of government, employer,
and worker representatives in 1993 again increased the daily
legal minimum wage. Minimum wage rates now vary between $4 and
$5 per day (100 to 125 Baht) depending on the cost of living in
different provinces. The wage is not adequate to support a
worker and his family, but as the Thai often live in extended
families with financial contributions from several members,
often including single members working away from home and
sending a portion of their wages back, the minimum wage
provides the basis for a marginally adequate standard of living
overall. Unskilled migrant workers who pour into Bangkok from
the poorer countryside often work at less than the minimum
wage, as do many in the agricultural sector. The Government
has not mandated a uniform workweek for the entire labor
force. Commercial employees work a maximum of 54 hours per
week, employees in industry 48, and those in "dangerous" work
such as in the chemical, petroleum, mining or other industries
involving heavy machinery 42. Transportation workers are
restricted to no more than 8 hours per day. Enforcement of
these standards is spotty.
Working conditions vary widely in Thailand. In medium and
large-size factories, government health and safety standards
are often maintained. However, in May 1993 fire broke out at
the Kader Toy Factory near Bangkok and nearly 200 workers lost
their lives in the worst factory fire in Thai history. The
majority of those who died were women, many of whom had brought
with them their children, who also perished. The tragedy was a
vivid reminder of the lax enforcement of safety standards that
continues to be all too common even in large enterprises. As
of December, the Government was pursuing actions against the
company owners in the courts. Thailand's large informal sector
is subject to even less effective inspection. Employers are
able to ignore safety regulations in part because workers do
not have access to safety and health standards and are thus
unable to report violations.
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