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Human Rights under Attack - Overview of the human rights situation in Southern Thailand

by Working Group on Justice for Peace

Introduction

Justice and rule of law have been recognized by various government officials, academics, religious leaders and civil society actors as a key element to curbing the conflict in Southern Thailand. [1] Over the last four years, thousands have fallen victim to violence perpetrated by various militant groups and human rights abuses committed by state actors. [2] The incidences of violence also described as ‘daily killings’ in the media target innocent civilians and have become more brutal in nature. While state agencies and the media hold “militants” or “insurgents” responsible for acts of violence, often the villagers believe security officers are behind these crimes. Neither side has been held accountable for their actions and instead the cycle of retribution and violence continues with civilians left to suffer the consequences. Each incident of violence is meant to instill fear and insecurity among the population ultimately creating a veil of silence ensuring that each of the various armed groups remain ‘in control.’

The post-coup government’s initial encouraging signals [3] have turned out to be little more than lip service to reconciliation lacking any progress in addressing grievances voiced by the local population. With greater pressure on the government, from inside and out, to control the violence in the South, drastic measures in the name of counter-terrorism are being employed further exacerbating the demise of the local population. State policies, with their emphasis on massive military operations to ‘hunt down’ the militants have had far reaching negative impacts on the communities.

Due to rapid militarization, abuse of power and violations of human rights have been on the rise and complaints to local lawyers and human rights activists are rapidly increasing who themselves face threats and attacks. The region remains under martial law and emergency decree legislation which empowers soldiers to arrest and detain people without any clear evidence, and enforcement of law is not under the jurisdiction of the Administrative Court and therefore not subject to civil and criminal liabilities. With utter absence of rule of law and judicial procedures, a climate of impunity has been created in which everyone is under threat as armed groups from all sides continue to threaten and kill innocent people. As a consequence, villagers themselves feel the need to arm and defend themselves which greatly increases fears of sectarian and communal violence.

Calls on the government to withdraw draconian emergency laws, disarm para- military and civilian militant groups coupled with the need to address human rights abuses are loud and frequent. 5 As it has become utterly evident that the military operations have failed to curb the conflict, more peaceful approaches through which to win the hearts and minds of the population to cooperate with security personnel are called for. Yet, these calls continue to be ignored and a system is being consolidated that facilitates and allows for abuse and impunity from state agents rather than reduce violence.


[1] These elements formed the key recommendations of the National Reconciliation Commission’s Report “Overcoming Violence through the Power of Reconciliation” – a report commissioned by then-PM Thaksin Shinawatra to study the root causes of the conflict in Southern Thailand. The study was led by former PM, Mr. Anand Panyarachun, and included over one hundred well-respected academics, politicians and civil society leaders.

[2] According to Deep South Watch, the numbers of death and injury combined was 1,438 in 2004, 1643 in 2005, 1,877 in 2006 and 2,295 in 2007. Available at: www.deepsouthwatch.org.

[3] Then-PM Surayud Chulanont rendered an apology to the people of the South for the Tak Bai tragedy that had happened in October 2004 in which 78 protestors died in army trucks on the way to the military camp.



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