NHRC ‘risks decline’ without autonomy
The National Human Rights Commission (NHRC) must work harder to prove its worth and the agency’s independence must shine through in the new constitution to save itself from further downgrades, leading academics say.
As the government addresses problems that led to the NHRC’s downgrade by the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC), the commission must take a proactive stand to prove it can work effectively, said the panel of academics at a forum held at Chulalongkorn University on Wednesday.
The forum was also attended by most NHRC members.
The ICC downgraded the NHRC from “A” to “B” status three weeks ago after its recommendations on what the commission should do to help promote human rights went unheeded over the past year.
Law professor Vitit Muntabhorn stressed the importance of the Paris Principles on independence, pluralism and effectiveness embraced by the ICC.
“I strongly recommend the NHRC’s independence must be enshrined in the draft constitution, including an accountable and transparent selection process,” said the Chulalongkorn University law professor.
He called for the executive branch to respect the NHRC mandate to document human rights breaches, which cover actions by law enforcement officers including the military.
“The world is looking at the Thai government and the country as a whole — not just the old or new commissioners,” he said.
Once the Paris Principles are implemented and the NHRC’s rights in defending human rights are improved, the downgrade can be reversed, according to Mr Vitit.
The academic also noted a drastic reduction in the number of those recruited to select the NHRC members, from 22 under the 1997 charter to only five now.
The current batch of NHRC members, who have a six-year tenure, was selected from June to August and their nomination was endorsed by the King on Nov 20.
Without improvement in the NHRC’s selection, its effectiveness and ability to uphold impartiality, the commission risks a further downgrade to “C” status and possibly eventually a purge from the 108member ICC, he said.
Mahidol University associate professor Sriprapha Petcharamesree said that Thailand in now among 26 countries with “B” status.
There are 72 countries with “A” status and four countries in the “C” category.
Ms Sriprapha said some problem areas that led to the downgrade could not be addressed by the commission.
In fact, they need the help of the government and parliament, especially with the amendment of the NHRC law and the commissioner selection process.
“But while waiting for things to improve, the commissioners should prove to the world that they are up to standard in examining human rights situations and protecting those at risk of being subjected to human rights violations.
“This is about gaining respect from the people,” she said.
The credibility of the commissioners must be earned by hard work and liaising with local and regional rights bodies, she said.
NHRC member Chatchai Suthiklom said the NHRC would meet the Constitutional Drafting Committee on Monday for talks, and later with civil society networks.
Concerning calls for the closure of the temporary prison at the 11th Military Circle in Dusit district following the deaths of some suspects in detention, Mr Chatchai said the NHRC may not visit the detention centre itself.
Instead the commission will convey its written recommendations on what to do with the prison to the government.
Meanwhile, former NHRC member Niran Pitakwatchara advised his successors to be active in examining and investigating human rights issues.
Mr Niran agreed the commissioners must work with the constitution drafters to ensure no dubious clauses slip into the final draft charter merging the NHRC with the Office of the Ombudsman as was proposed by the panel drafters in a controversial move early this year.