Thai Government asks for continued peaceful assembly, ready for dialogue

Thai Government asks for continued peaceful assembly, ready for dialogue

On 17 March 2010, members of Thailand’s National Human Rights Commission (NHRC) met with Prime Minister Abhisit Vejjajiva to discuss the present situation and to convey what had transpired at its earlier meeting with leaders of the United Front for Democracy against Dictatorship (UDD) on 16 March 2010.

Speaking at the press conference that followed, Dr. Amara Pongsapich, NHRC Chairperson, said that the NHRC welcomed the Government’s use of restraint and respect for people’s right to peaceful assembly, as well as its efforts to provide safety for the demonstrators and maintain regular coordination with them through Secretary-General to the Prime Minister Korbsak Sabhavasu.

The NHRC Chairperson highlighted points of convergence between the Government and the demonstrators, namely that the demonstrators would rally peacefully while the Government would ensure security and safety, and that there would be no blockade of key locations such as royal residences, government offices, hospitals, airports and embassies.

Noting that the demonstrators still have concerns and have asked the NHRC to convey their wish to have some space for dialogue, Dr. Amara said that the Prime Minister gave his reassurance that the Government has no intention of invoking the Emergency Decree, unless absolutely necessary, in which case the Government would ensure that it would not affect the basic rights of people and would act in accordance with international standards as well as international human right principles. At the same time, she noted that while the Government would continue to exercise restraint, it also has concerns that as the demonstrators comprise many groups espousing different tactics, this has made it difficult to ensure security for them and the public.

Dr. Amara also said that the Government has expressed its readiness to engage in a process of dialogue with protest leaders with a view to finding a political solution and ensuring peace and order under the condition that the rule of law must be respected by all sides.

In addition, the NHRC and the Government shared the view that the use of verbal expressions to make threats, incite violence, or encourage protestors to use violent means constitutes violation of rights.

Finally, the NHRC Chairperson affirmed her organisation’s readiness to play a facilitating role between the Government and the demonstrators and other sectors of society and hope this process will bring about normalcy.

On his part, Prime Minister Abhisit expressed his appreciation for NHRC’s role in helping monitor the human rights and safety situation of all amidst the on-going political situation and for its proposals regarding a code of conduct for both the authorities and the demonstrators to ensure peaceful assembly. He added that it is the Government’s duty to ensure public safety as well as peace and order, and that the Government remains ready to communicate and coordinate with the demonstrators to ease tension and prevent misunderstanding or risk of escalation of incidents.

Although the overall situation during the demonstrations has been peaceful, the Prime Minister noted that there exist some points of concern.

First, certain acts, such as the collecting and throwing of blood, were not completely lawful. Nevertheless, the Prime Minister said that the Government will enforce the law in such a way that would not create risk of escalating the situation.

Second, on the blockade of buildings, clear guidelines have already been provided by the Administrative Court’s ruling of 9 October 2008, which draws the line of what constitutes peaceful assembly to be protected by the Constitution and what does not. Additionally, the Prime Minister has asked the NHRC to consider that private residence should also be protected from such blockades.

Third, while it is understandable that certain expressions – sometimes improper or rude – may sometimes be used to arouse the mood of demonstrators, the use of verbal expressions that amount to making threats or are used to incite violence, is not appropriate and would not help make the rallies peaceful.

Finally, commenting on the dialogue with protest leaders, Prime Minister Abhisit said that he has no objection to such a proposal as the Government has always been open to a participatory process and stands ready to listen to the views of the public. Such a dialogue should, however, be conducted in accordance with mutually agreed rules and on the condition that the demonstrations remain peaceful. Should a violent incident occur, both sides would have to first resolve the incident before carrying on with the dialogue. He also asked that the dialogue be allowed to proceed without rushing to set out all the details, and that it should focus on an outcome that would address the present situation facing society, and not on any particular individual.