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Editors --- "Concluding Observations of the UN Human Rights Committee: Thailand - Digest" [2005] AUIndigLawRpr 85; (2005) 9(4) Australian Indigenous Law Reporter 126

CONCLUDING OBSERVATIONS OF THE HUMAN RIGHTS COMMITTEE: THAILAND

Consideration of Reports submitted by States Parties under Article 40 of the Covenant

84th Session of the Human Rights Committee

Document No CCPR/CO/84/THA

28 July 2005

1. The Committee considered the initial report of Thailand (CCPR/C/THA/2004/1) at its 2293rd, 2294th and 2295th meetings (CCPR/C/SR.2293-2295), held on 19 and 20 July 2005, and adopted the following concluding observations at its 2307th meeting (CCPR/C/SR.2307), held on 28 July 2005.

A Introduction

2. The Committee welcomes the high quality of the report submitted by the State party, while regretting that it was submitted with a delay of over six years. The Committee also notes with appreciation the written and oral information provided by the delegation in reply to the Committee’s questions. It expresses its appreciation for the high-level and competent delegation of the State party and its openness in providing information.

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C Principal subjects of Concern and Recommendations

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20. Notwithstanding the serious efforts undertaken by the State party to address the issue of trafficking in persons, including the establishment, in March 2005, of the National Committee on Prevention and Suppression of Human Trafficking, and while welcoming the planned enactment of the new law on human trafficking, the Committee remains concerned that Thailand is a major country of origin, transit and destination for trafficking in persons for purposes of sexual exploitation and forced labour. The Committee is also concerned that child prostitution remains widespread. The Committee notes with concern that certain groups are at a particularly higher risk of being sold, trafficked and exploited, which comprise of street children, orphans, stateless persons, migrants, persons belonging to ethnic minorities and refugee/asylum-seekers (articles 8 and 24).

The State party should continue and strengthen its measures to prosecute and punish trafficking offences, and to afford adequate protection for the human rights of all witnesses and victims of trafficking, and in particular to secure their place of refuge and opportunity to give evidence. The State party should enact the Suppression of Human Trafficking Bill without delay.

21. The Committee is concerned about the significant proportion of children, often stateless or of or foreign nationality in the State party, who engage in labour, and as explained by the delegation, are often victims of trafficking (articles 8 and 24).

The State party should strengthen the enforcement of the existing legislation and policies against child labour. Victims of trafficking must be afforded adequate protection. The State party should make every effort, including preventive measures, to ensure that children who engage in labour do not work under conditions harmful to them and that they continue to have access to education. The State party should take action to implement all policies and legislation for the eradication of child labour, inter alia, through public awareness campaigns and education of the public on the protection of the rights of children.

22. Notwithstanding the corrective measures taken by the State party, most notably, through the Central Registration Regulations 1992 and 1996, to address the issue of statelessness among ethnic minorities including the Highlanders, the Committee remains concerned that a significant number of persons under its jurisdiction remain stateless, with negative consequences for their full enjoyment of Covenant rights, as well as the right to work and access to basic services including health care and education. The Committee is concerned that their statelessness renders them vulnerable to abuse and exploitation. The Committee is also concerned regarding low levels of birth registration, especially among Highlanders children (articles 2 and 24).

The State party should continue to implement measures to naturalise the stateless persons who were born in Thailand and are living under its jurisdiction. The State party should also review its policy regarding birth registration of children belonging to ethnic minority groups, including the Highlanders and asylum-seeking/refugee children, and ensure that all children born in the State party are issued with birth certificates.

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24. The Committee expresses its concern about the structural discrimination by the State party against minority communities, including the Highlanders in particular, with regard to citizenship, land rights, freedom of movement and the protection of their way of life. The Committee notes with concern the treatment by the law enforcement officials of the Highlanders, in particular the forced eviction and relocation in the context of the 1992 Master Plan on Community Development, Environment and Narcotic Crop Control in Highland Areas, gravely affecting their livelihood and way of life, as well as the reports of extra-judicial killings, harassment and confiscation of property in the context of the ‘War on Drugs’ campaign. The Committee is also concerned about the construction of the Thai-Malaysian Gas Pipeline and other development projects which have been carried out with minimal consultation with the concerned communities. In addition, the Committee is concerned about violent suppression of peaceful demonstrations by law enforcement officers in contravention of articles 7, 19, 21 and 27 of the Covenant (articles 2, 7, 19, 21 and 27).

The State party should guarantee the full enjoyment of the rights of persons belonging to minorities which are set out in the Covenant, in particular with respect to the use of land and natural resources, through effective consultations with local communities. The State party should respect the rights of persons belonging to minorities to the enjoyment of their own culture, the profession and practice of their own religion, and the use of their own language in community with other members of their group.

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The full text of this document, and the full list of documents for the 84th session of the Human Rights Committee, are available online at <http://www.ohchr.org/english/bodies/hrc/hrcs84.htm> .

The full text of the International Covenant on Civil and Political Rights is available online at <http://www.ohchr.org/english/law/ccpr.htm> .