Joint Media Statement – 30/1/2018
THAILAND MUST RESPECT AND PROMOTE HUMAN RIGHTS, AND END
HARASSMENT AND SUPPRESSION OF RIGHTS OF “WE WALK…SOLIDARITY/FRIENDSHIP”
PARTICIPANTS AND SUPPORTERS.
Revoke summons against HR Defender Lertsak
Kumkongsak and 7
others member of People Go Network , and
cease investigation and actions against others
We, the 52 undersigned civil society
groups and organisations, and 2 others, are disturbed by the actions of the Thai
Military government, including the Royal
Police of Thailand, that are trying to inhibit the freedom of expression,
opinion and assembly by the “We Walk…Solidarity/Friendship ’ action of the
people(20/1/2018 – 17/2/2018), being a walk of 4 person teams from Bangkok to Khon
Kaen We are appalled by the recent summons issued against 8, including one of
walkers, on the alleged crime of ‘Political gatherings of five or more persons…’,
when clearly it is inapplicable to actions of less than 5, as in this case.
They are summoned to appear before the relevant authority on
31/1/2018(Wednesday)
People’s right to participate in governance of their own
country
It must be
stated that it is a fundamental right of people in a country to be able to
participate in the governance of the nation. This certainly includes the freedom
the of expression and the freedom of opinion, which naturally must include the
ability to lobby other people in that nation state, to support a particular
view point and/or to make particular demands that will impact how the country
is governed and administrated by the existing government.
Any good
government, governs in accordance with the will of its people, and if the
majority aspires for particular changes in polices, laws or governing
practices, then the government in power must rightly bow to the wishes of its
people – and, not simply ignore the people’s will and continue to govern the
nation in accordance to what the existing leader or a minority in control of
government wants.
As such, any
government must never try to supress any personal views and the ability to
lobby such opinions and ideas amongst the peoples of the country. This should
be the principle applicable in all nations, including democracies, countries
temporarily under military rule or even feudal regimes.
The government
of Thailand, even though still not yet returned to a democratically elected
government at this time following the military coup on 22/5/2014, have generally respected this
freedom of expression, freedom of opinion and the freedom of peaceful assembly
in this case when they allowed the ‘We Walk…Solidarity/Friendship ’ teams of 4
to walk since 20/1/2018 until 29/1/2018 (or now, if they are still walking).
However, the
Royal Police of Thailand and the government had done some wrongs, in violation
of these fundamental values, principles and human rights. These actions need to
be condemned, and the assurance of the Thai government need to be obtained to
ensure there be no further infringements of these fundamental rights and
freedoms, and that the rights of people involved in this “We Walk…Solidarity”
are protected hereafter.
‘We Walk…Solidarity’
On 20/1/2018, 3
teams of 4 persons, mostly women, began to
separately walk from Bangkok to Khon Kaen, some 450 kilometres, a journey that
will take about 28 days.
The action, ‘We
Walk…Solidarity’ is an initiative of an informal collaboration of a wide range
of groups including the Health Security Watch group and People Movement For
Social Welfare, Alternative Agriculture Network- Food Security, National
Recourse Network- Community Rights and the Academic And Lawyer Network Who
Observe On Constitution, Election And Right And Freedom Violation.
The objective of
the Walk is to make visible the current situation in Thailand, in particular
the insecurity and frustration with the increasing suppression of the right to
freedom of expression, the on-going and
growing dominance of the military government over all aspects of Thai society,
worsening standard of living, and the situation of human rights and justice.
The slogans of ‘We Walk…Solidarity/Friendship’ , such
as ‘We Walk with friends. We Walk to
meet friends. We Walk to open a space for those who have no other way to freely
tell their stories or be heard.’ reflect the peaceful nature of the Walk that
aims to increase awareness, build solidarity and develop a greater
participation of people in Thailand in the affairs of their nation. To achieve
this, there are also community meetings
planned for throughout the journey. People participation at all levels is
fundamental and essential in any democracy and/or government.
This is a
peaceful and democratic activity with each team consisting of just 4 walkers,
so as not to breach Thailand’s law that
prevents the assembly or procession of 5 or more persons UNLESS there is
government approval.
However despite
all the care taken to comply with the
current law of the land, and also the extra courtesy of informing the police even though
not required in law, the government of
Thailand, in particular the Royal Thai Police, have done(and are still doing)
certain things that are wrong, and in violation of the fundamental freedoms and
rights of the people. They are as stated below:-
20/1/2018 – Preventing the walk to commence by about 7
hours
a) ‘We
Walk…Solidarity’ teams of 4 walkers were prevented from leaving Thammasat
University, Rangsit Campus, Bangkok at the scheduled time of 9 am by a police blockade. They were delayed for about
7 hours, but finally they were allowed
to commence walking at about 4pm, and they started the first leg of
their 450km walk towards Ayutthaya. They will break their walk and rest at
different points on their walk;
21/1/2018 – Harassment
at wee hours of the morning, Arrest and Detention, Denial of Access of Lawyers
b) At about 4 am
on 21/1/2018, the police woke the We Walk teams who were resting for the night
in a temple in Ayutthaya. The police demanded the Walkers to produce their
Identity cards for inspection. A Support Vehicle carrying food, water and basic
first aid for the walking teams was stopped and searched without a warrant Not
only was the search legally
questionable, the action left Walkers
without access to water for some time.
c) 4 members of
the Support Team were then arrested and detained by the police for about 3
hours that morning. Immediate access to lawyers were denied. They were
subsequently released.
23/1/2018 – Summoning 1 Walker and 7 others for alleged breach of Peaceful Assembly
law
d) Warrants have
been issued under NCPO Order Number 3/2558 against 8 persons, including Pi Lertsak
Kumkongsak, one of the persons walking. The other persons summoned are
supporters of the ‘WE Walk…Solidarity’ initiative are Mr. Nimit Tieudom, Mrs. Nutchanart
Thanthong, Mr. Jumnong Nupian, Mr.Somchai Grajanseang, Ms. Sangsiri
Teemanka, Assist.Professor Dr. Anusorn Aunno and Mr. Ubon Yuwa. The 8 are human rights
defenders, women human rights defenders, community human rights defenders,
environmental rights advocates, health rights advocates and academic rights
activists.
They are now being
accused of allegedly breaching Order Number 3/2558 (3/2015) issued by, Prime
Minister General Prayuth, the Head of the National Council for Peace and Order
(NCPO), pursuant to section 44 of the
2014 interim constitution created while Thailand was under martial law. Section
44 gives the NCPO and its head unfettered power to do almost anything.
Specifically,
the alleged offence is a violation of Article 12 of Order 3/2558 (3/2015),
which states, "Political gatherings
of five or more persons shall be punished with imprisonment not exceeding six
months or a fine not exceeding ten thousand Baht, or both, unless permission
has been granted by the Head of the NCPO. or an authorized
representative." The 8 have been summoned to appear in front of the authority
on 31st January 2018 in Bangkok.
This means that Lertsak
Kumkongsak, one of the walkers walking to Khon Kean, will have to abandon his
walk mid-way, just to respond to this summons, and as such it can be seen as an
act with a mala fide objective of terminating the right of the ‘We
Walk….Solidarity’ walkers. It would have been more just and reasonable if such
summons only asked for attendance after the current “We Walk…Solidarity” had
ended.
Other Matters –
Wrongful harassment of Temples and others who had already consented to allow
the “We Walk…Solidarity’ participants place to rest and/or spend the night
along their journey to Khon Kean, to withdraw their permission.
Since the
ousting of the democratically elected government, the military government now
known as the National Council for Peace and Order (NCPO), have been changing
laws, policies and orders that are affecting the existing rights of
communities, including farmers and peasants, that has and will significantly
impact the livelihood and rights of the people. Such actions of an interim
military government, pending the return of a democratically people elected government
of Thailand is wrong. When there is such a coup, the role of the military or
military appointed government should be simply the maintaining of the status quo
– and certainly not the usurping or eroding existing human rights of the
people.
On 22/21/2018, four
members of the protest – Lertsak Khamkongsak, Nattawat Uppa, Wasinee Bunthee
and Nimit Tian-udom. Commenced a legal suit against the police for their alleged
wrongful actions(The Nation, 23/1/2018). As such, the government subsequent action
in issuing the summons under of Order 3/2558 (3/2015) seems to be a retaliatory
action. Such retaliatory action by the government is abhorred, as it propagates
a negative message deterring people to take action or file complaints against
the authorities and police when they do wrong, for if they do, the authorities
will thereafter come after them. That will only deter people from highlighting
injustices, rights violations and even wrongdoings committed by the government,
the military, the police and/or their officers. This is yet another reason why
the summons against the 8 must immediately be withdrawn.
The
Administrative Court issued an order on Friday night(26/1/2018) granting legal
protection for the People GO Network to continue their long march from
Thammasat University to Khon Kaen, which also included an order to the police
to perform their duty according to the Public Gathering Act to provide the
security the demonstrators needed until the march ends on February 17. Despite
this, the summons against the 8 to appear on 31/1/2018 has not been withdrawn.
THEREFORE,
a) We call on the government of Thailand, including
Prime Minister General Prayut, the head of the NCPO and the NCPO, and also the
Royal Police of Thailand, to respect the rights of the persons involved in this
legitimate “We Walk…Solidarity’ action;
b) We call for the immediate revocation of the Summons
to appear issued against Lertsak and the other 7 human rights on 23/1/2018 to
appear before the authority on 28/1/2018, for the alleged breach of the law on
peaceful assembly;
c) We call for
the immediate removal of harassment and/or threats against Temples and others
who graciously allowed the participants of the “We Walk…Solidarity” action
place to rest and sleep along the road to Khon Kean
d) We urge that the authorities immediately
discontinue all actions against participants and supporters of the “We Walk…Solidarity”, and to forthwith
apologize for any or all wrongdoings, and ensure that adequate compensation be
paid to the victims.
e) We call for action be forthwith to be taken against
the Royal Police of Thailand including Colonel Rittinan Puipanthawong and
Maj-General Surapong Thanomjit (the officer allegedly in charge of the police
that blocked the commencement of the walk in Bangkok on 20/1/2018), Maj-General
Sommai Prasit (the officer allegedly in charge of the harassment and arrest on
21/1/2018 in Ayutthaya) and Lieutenant Colonel Prusit Khalyhiran, the officer who allegedly caused
the issuance of the summons to be issued against the 8 on 23/1/2018);
f) We call on Thailand to respect, protect and promote
the human rights and fundamental freedoms of the people in Thailand
Charles Hector
Selma James
Dean Kendall
Ng Yap Hwa
For
and on behalf of the 52 groups and 2 individuals listed below
All African Women’s
Group, UK
ASEAN SOGIE Caucus
Association of Human Rights Defenders
and Promoters- HRDP in Myanmar
ATRAHDOM Guatemala
Bangladesh Group
Netherlands
Black Women’s Rape
Action Project, UK
Christian Development Alternative (CDA),
Bangladesh
Clean Clothes Campaign
Damn the Dams
Action Group, Malaysia
Defenders in Dordrecht
Disabled People Against the Cuts, UK.
Drew Glover and
Project Pollinate! Santa Cruz, CA, USA
Empower
Foundation, Thailand
End Solitary Santa Cruz, CA, USA
English Collective
of Prostitutes
Every Mother Is A Working Mother
Network/USA
Family Farm Defenders, USA
Focus on the Global South
Global Women's Strike, Ireland
Global Women’s
Strike, UK
Haiti Action
Committee
International Labor Rights Forum
International Wages
for Housework Campaign, UK
Legal Action for
Women, UK
MADPET(Malaysians Against Death Penalty
and Torture)
Malaysian Physicians for Social
Responsibility
Manushya Foundation
Migrant Care
Momentum
Oxford, Oxford, England
Monitoring Sustainability of
Globalisation
National Family Farm Coalition (USA)
North South Initiative
Parti Rakyat Malaysia(PRM)
Payday Men’s Network – USA
Payday Men’s
Network, UK
Persatuan Komuniti Prihatin Selangor
& KL
Red Thread, Guyana
Rescue Alternatives Liberia (RAL)
Streets Kitchen, United Kingdom
Teoh Beng Hock
Trust for Democracy, Malaysia
Terai Human Rights Defenders Alliance
(THRD Alliance), Nepal
The Farmworker Association of
Florida, Inc.
USPROStitutes Collective, USA
WH4C (Workers Hub For Change)
WinVisible (women
with visible and invisible disabilities), UK
Women Of Color Global Women’s Strike, UK
Women
in Saskatchewan of The National Farmers Union
Women For Justice And Peace in Sri Lanka
Women's
International League for Peace & Freedom (WILPF) Santa Cruz, USA
Yayasan LINTAS NUSA Batam – Indonesia
SOAS Students'
Union (London, UK)
SOAS UNISON (London, UK)
SOAS UNISON (London, UK)
Art Mitchells-Urwin - individual
Margaret Prescod, journalist with Pacifica Radio Network USA - individual
Margaret Prescod, journalist with Pacifica Radio Network USA - individual
.
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Some Background Information
General Prayuth and the Thai military staged a coup
on May 22, 2014, and created the National Council for Peace and Order (NCPO)
junta. On March 31, 2015, the nation-wide enforcement of the Martial Law Act
of 1914 was replaced with section 44 of the 2014 interim constitution, which
allows General Prayuth as the head of NCPO the authority to do almost
anything considered “necessary”. This exercise of power is not subject to
administrative, legislative, or judicial oversight or accountability. Section
47 goes on to state that all such orders are “deemed to be legal,
constitutional, and conclusive.” Section 48 further provides that NCPO
members and anyone carrying out actions on behalf of the NCPO “shall be
absolutely exempted from any wrongdoing, responsibility, and liabilities.”
Pursuant to the powers under this section 44, one
the order the head of the NCPO issued was Order Number 3/2558 (3/2015) of the
Head of the NCPO on Maintaining Public Order and National Security. Of
concern here, is Article 12 of this Order, that states “Article 12. Political
gatherings of five or more persons shall be punished with imprisonment not
exceeding six months or a fine not exceeding ten thousand Baht, or both,
unless permission has been granted by the Head of the NCPO. or an authorized
representative.
Summons issued against 8 We Walk members- https://prachatai.com/english/node/7580.
The 8 are now summoned to appear before the relevant
authority on 31/1/2018
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