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NHRCT Work View : 425
Statement of the National Human Rights Commission of Thailand (NHRCT) The NHRCT urges all parties involving the assemblies to respect human rights and solve problems by peaceful means
          As there have been continuously political demonstrations of students and people in both public places and educational institutions since 18 July 2020, a group named the Free People Movement demands 3 changes, 2 principles and 1 dream while the Student Union     of Thailand calls for 10 demands related to the monarchy, and also student groups in schools show their three-finger gesture with white ribbon associating themselves with political demands and educational reform. Consequently, differences of opinion are widespread and deepening in the society.
          The National Human Rights Commission of Thailand (NHRCT) as an independent organ under the 2017 Constitution of the Kingdom of Thailand with duties and powers to promote respect and practice in accordance with human rights principles, has monitored the situations and assigned officials to observe the demonstrations. With concerns over the precarious situations which may lead to further conflicts, the NHRCT has the following recommendations:
                   1. According to the Constitution and international human rights obligations to which Thailand is party, a person shall enjoy freedom of expression and freedom of           peaceful and unarmed assembly. However, consuming such freedoms shall be subject to          the limitations of laws established to protect the rights or freedoms of others and to maintain the national security, public order or good morals.
                    The exercise of freedoms of opinion and assembly shall be protected with no offensive or abusive speech, gesture, or other acts inciting hatred, which are regarded as violation of human rights of others.
                   2. In accordance with the Convention on the Rights of the Child to which Thailand is party, children under 18 who are able of forming their own views have the rights to express those views freely in all matters affecting themselves. Such views must be given due weight in accordance with their age and maturity. Nevertheless, the exercise of their rights must respect the rights and reputation of others as well.
 
                   3. The NHRCT recommends the protestors to make their demands clear with reasons and grounded evidences, not to solely own their views and to abide by the Constitution and related laws.
                   4. The NHRCT urges protesters to comply with health safety measures in the situation of the pandemic of novel coronavirus (COVID-19). As the pandemic can cause widespread in gatherings without cautions and the use of shouting, the country may have to costly pay for medical treatment and loose confidence in fighting the disease internationally.
                   5. The State officials should observe the “10 Principles for the proper management of assemblies” prepared by United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association. For example, States shall respect and ensure all rights of persons participating in assemblies; any restrictions imposed on peaceful assemblies shall comply with international human rights standards; States shall facilitate the exercise of the right of peaceful assembly; the collection of personal information in relation to an assembly must not interfere impermissibly with privacy or other rights.
                   6. In case of children and youth participating in public assemblies, officials should arrange safety zone for them in order to ensure that they would not be subjected to violence in any circumstances. The executive officials of educational institutions should also provide the safe place, considering appropriateness in Thai context, for students to constructively share their views and opinions, such as specific place and time for the students to share their opinions in an academic environment. They should also comply with recent instruction of the Ministry of Education.
                   7. All parties should open up to listen to each other, respect different opinions, beliefs and faiths. It is an important value of our pluralistic society with collective accumulation for a long period of time. Each party should, therefore, avoid any act of incitement including physical and verbal violence, such as disdains and insults.
                   8. All parties should uphold human rights principles and resolve the differences by peaceful means, listen to sincere opinions of others, and seek a mechanism for consultation and negotiation to reach a mutually agreed solution for the common interests of the nation and the well-being of people as a whole.
Attachment

01/09/2020
เอกสารประกอบ : 20-08-63-NHRCT-Statemen.pdf

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