Outgoing National Human Rights Commission chairman on HRE in Thailand



'WE'VE LAID A FOUNDATION' 
Bangkok Post 
Friday, July 13, 2007 

Outgoing National Human Rights Commission chairman Saneh Chamarik
discusses the commission's successes and failures over the past six years
and the challenges ahead with Kultida Samabuddhi.

How do you grade the NHRC's performance? 

I'm only 50% satisfied. I wish we could do better on human rights
education and creation of a human rights-awareness culture in our society.

We've spent a lot of time investigating, writing reports and making
recommendations to the government. But we've failed to educate the public
about human rights. This is partly because we have so few staff.

What are the successes? 

Our success can't be judged from the number of cases we investigated or
the outcome. Our mission is more about creating social change, which
sometimes can't be measured. I am confident our society has become more
aware of human rights protection.

Saneh: Our mission is about social change

I think we've done a good job in laying the foundation for human rights
protection and investigation of abuses. We've set up an inquiry procedure
and a strong network of villagers and local administrators to monitor
human rights abuse.

We've also created public awareness of the community's right to manage
natural resources. That is, in fact, not regarded as a human right at the
international level.

Considering the scope of our work, I can say that Thailand's first
national human rights commission has been more progressive than in other
countries.

What are major problems? 

Government negligence in not taking into consideration our reports and
recommendations is the biggest problem. We investigated over 3,000 cases,
but the Thaksin government took only one for consideration, the
Thai-Malaysian gas pipeline, and sent it to parliament.

It was very discouraging during our first three years in office as the
government did not even inform us if they received our reports. Only in
the last three years did they bother to tell us that the document had
reached the prime minister's office.

What is the most significant case your commission has worked on?

The Thai-Malaysian gas pipeline. The commission looked into the violent
police crackdown on the project's opponents in Hat Yai in 2002. This is
the only case that was discussed in parliament, although it took over a
year to reach there.

Parliament, however, did not reach any resolution and later asked the
Constitution Court to consider the legitimacy of the NHRC's investigation.
The judges ruled that we have the authority and this was a milestone in
our work.

The commission's inquiry in this case was used by the project's opponents
to back their complaint of police use of excessive force, and the Songkhla
Provincial Court accepted the case for trial.

What can we do about the government's ignorance of the commission's
recommendations?

Public pressure is a key to make the government do or not to do something.
Therefore, we must strengthen civil movements and encourage the people to
pressure the government to respond to the NHRC's recommendations.

How can you cope with criticism that the NHRC sides with NGOs and
villagers?

I don't care about being labelled "NGO" because we know what we are doing.
We investigate the cases professionally. It is true that the NHRC has
worked closely with the NGOs in its investigations, but when it comes to
the conclusions of an inquiry we use our own judgement.

In six years you have dealt with thousands of human rights abuse
complaints. How do you feel about that?

I feel very moved by every case I work on. There were many cases where the
complainants or community leaders were killed while we were investigating.
Sometimes a conflict becomes more serious after the affected people lodge
a complaint with the NHRC. I feel guilty that I can't protect their lives.

What are your suggestions for the new commissioners? 

The new commission should consist of specialists in various fields. The
commissioners should share their knowledge and opinions with each other.
One of the problems I came across during my tenure is that each
commissioner chose to work only within their fields of interest. This
means our work lacks dimension and well-round information.

The NHRC has built a human rights road for our successors to follow. I
hope the next commission will carefully consider what we've created, and
if they find anything that is outworn or impractical they can just drop
it.

Source: http://www.bangkokpost.com/News/13Jul2007_news04.php 
© Copyright The Post Publishing Public Co., Ltd. 2007 






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