Sad record on abduction

The rule of law got a tiny boost last week. The National Legislative Assembly voted unanimously to ratify the 2006 International Convention for the Protection of All Persons from Enforced Disappearance. The name of the UN pact may be unwieldy but the aim is crystal clear and simple. It legally forbids governments and their agents from abducting and “disappearing” people.

By signing on to the convention, Thailand recognises that disappearing inconvenient and outspoken opponents is a bad thing. Until now, no government or regime ever had to admit this. The UN agreement defines such abductions and violence as against international law. It is, thus, a welcome act by the regime’s hand-picked lawmakers to make such a crime illegal in the eyes of the world.

It is, however, only a tiny first step against such acts. The disappearing of “enemies”, of state and local vested interests, is far too common. The 205 NLA members who were present and voted for ratification of the UN convention failed even to mention the greatest irony of the day. Their action came on the eve of the best-known forced disappearance by state authorities. That is the abduction and probable murder by policemen of the civil rights lawyer Somchai Neelapaijit — exactly 13 years ago yesterday.

But as tragically wellknown as Somchai’s disappearance is, the case is not even the tip of a shameful and literally deadly iceberg. Most of the country knows the case of Karen activist Porlajee Rakchongcharoen, better known as Billy. In 2014, he disappeared shortly after, or perhaps during, a dressing-down by then Kaeng Krachan National Park chief Chaiwat Limlikitaksorn.

Charoen Wat-aksorn opposed coal-fired plants in Prachuap Khiri Khan province, and was shot dead in 2004. Kamol Lansophaphan, of Khon Kaen, entered a police station in 2005 after telling friends he was going to give evidence of corruption, and was never seen again. Thares Sodsri was a prominent advocate opposing forest destruction in Ratchaburi province, and hasn’t been seen since Dec 1, 2006.

The problem is so striking, and so unimportant to authorities, that citizens have formed groups to highlight the lack of justice. In the deep South, there have been so many cases of “disappeared” citizens that a local committee has been formed to lobby on their behalf. Last year, the Human Rights Commission finally got a commitment from the Ministry of Justice to try to write specific prohibitions against disappearances into the Criminal Code.

This highlights a Thai problem. While there are promises about the future, and a pending law on torture and disappearances, the current constitution of the military regime makes no mention of disappearances or torture. In fact, while it first guarantees the state must protect “all human dignity, rights, liberties and equality”, it immediately adds, “subject to the provisions of this constitution”. This essentially means “at the whim of the regime”. There is no law barring torture or disappearance.

This needs to be fixed. The same NLA that ratified the UN convention last week could, and should, start repairs by passing and enacting the pending law covering both torture and disappearance. That would be a start.

The same could be said for the UN document itself. While it makes abduction and forced disappearance against international law, there is no enforcement. This is why some countries, including the US and Britain, have refused to sign what they consider a token statement with no power. Certainly, without enforcement at the national or international level, the quality of the convention is questionable.

The problem is so striking, and so unimportant to authorities, that citizens have formed groups to highlight the lack of justice.