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Sat, January 27, 2007 : Last updated 22:58 pm (Thai local time)



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Home > Letters > Thailand urged to ratify UN Convention to prevent enforced disappearances





LETTERS TO THE EDITOR
Thailand urged to ratify UN Convention to prevent enforced disappearances

The International Commission of Jurists (ICJ) today urges the government of Thailand to reaffirm its commitment to ending and preventing enforced disappearances by signing and ratifying the International Convention for the Protection of All Persons from Enforced Disappearance and pass enabling laws giving effect domestically to the provisions of the Convention. The Convention was adopted by the United Nations General Assembly on December 20 of last year.

Allegations of disappearances in the three southern border provinces, where emergency and martial laws apply, and in the North and Northeast of Thailand have continued to be received.

In the majority of cases the perpetrator has not been identified. The government of Thailand should intensify efforts to prevent this heinous crime, investigate allegations and, where evidence is available, bring to justice before ordinary criminal courts those responsible for the crime.

The ICJ welcomes initiatives already begun by the government, such as the establishment of the National Legislative Assembly's committee to examine human-rights violations in the southern border provinces. The ICJ also welcomes the work of the National Human Rights Commission and the Justice Ministry in investigating cases of enforced disappearances during the past Government's "war on drugs" in 2003 and 2004. Although there have been no prosecutions so far, the ICJ hopes the government's official policy on reform of the justice system and its stated commitment to restoring the rule of law, with agencies such as the Justice Ministry already taking the lead, will result in prosecutions.

Thailand has a historical record of impunity for past enforced disappearances. The current violence in some provinces, combined with far-reaching emergency regulations, will contribute to an environment conducive to the return of the practice of enforced disappearance. Thorough and effective investigations of past enforced disappearances and bringing those responsible to justice would not only bring justice for past victims but also help deter future enforced disappearances.

International Commission of Jurists

Geneva

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S'pore officials' defence of city state's motives ring hollow

Re: "Claims that Singapore abuses its access to Thai training facilities have 'no basis in fact' ", Letters, January 26.

I see that we now have the director of public affairs at the Singaporean Ministry of Defence popping up like another jack-in-the-box to try to defend the embattled Lee Empire.

He adds to a bruised and bashed Ambassador Peter Chan's laughable letter published on January 18, 2006 ("Singaporean media are not controlled by the government"). That letter was followed by the equally ridiculous claim in his letter on May 19, 2006 ("Singapore's political system works for Singaporeans") that "Tens of thousands of Singaporeans attended the opposition rallies during the elections, to hear opposition candidates attack the government and its policies".

How many people are actually allowed to assemble in Singapore without a police licence? A paltry number. And in which "free" state do you need a police licence to assemble for a peaceful protest? Indeed the refusal to allow entry for 27 protesters who had been accredited by the World Bank for their meeting in Singapore in September caused Paul Wolfowitz, president of the World Bank, to be shamed into saying that such repressive measures damaged the city-state and calling them "authoritarian".

Sadly, Colonel Lim follows a deluge of discredited disinformation, so distant from the truth that even if the colonel's protestations were of the utmost rectitude there is scant chance that he would ever be taken seriously. Little of what representatives of Singapore have said in this section to date has any basis in fact.

John De Laurent

Bangkok

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Analysis of role of NVDRs differs from Act amendments

Re: "Interpretations of role of NVDRs in voting shares differ", January 26.

George Morgan's analysis on NVDRs was an interesting exercise. However, it was somewhat intuitive and not based on the wording of the articles in the amendments approved by Cabinet.

"Foreigners" under the amendments to the Foreign Business Act of 1999, include "a legal corporation with foreign persons or foreign entities having authority to exercise more than half of that corporation's total votes, pursuant to the law, regulations or agreement", (Article 3 (3) (a) of the Amendments).

Since foreigners owning NVDR units via the NVDR company have no authority to vote, the NVDR units cannot be counted as votes belonging to foreigners. Then who does own that portion of the votes? Under corporate law, the NVDR company still has the right to vote, though it has chosen through commitment to others not to vote. Since the NVDR company is a Thai company, its holdings do not cause those listed companies to be seen as being owned by "foreigners".

To prove George Morgan's intuition correct, that section of Article 3 of the draft Amendments would have to be modified by specifically regarding NVDR units as vested with foreign votes or even regarded as units with no voting rights. If so, then one could expect another bit of bad news that the punters in the Thailand bourse would love to do without.

Songdej Praditsmanont

Bangkok

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Govt's report card showing some glaring faults thus far

So in summary: the nominee issue, the Foreign Business Act and new Bank of Thailand restrictions have reduced foreign investment to a trickle. Not only that, the current government is also trying to meddle in the foreign affairs of other countries, particularly that of two of the biggest regional investors, and Japan has publicly expressed concerns about future investment in Thailand. Foreign investors have lost the ability to control a company they set up locally and are starting to leave, with the most common subject heard these days being investing in Vietnam.

As each business closes down, unemployment rises; this includes members of the middle class, who pay the majority of taxes. Reserve funds are low with large payments due soon, and housing is expected to take a 20-per-cent hit in the near future.

The interim operating licence for the new airport expires soon and will not be extended. Repairs require the complete rebuilding of the runways etc. This means a move back to Don Muang, a huge posted insurance bond to cover any flights or the closing of Thailand to foreign international flights.

No corruption case has yet to be made, police corruption is on the visible rise, and we still can't walk on many sidewalks. Tourism is down, and a large percentage of those still coming are slowly being encouraged to go elsewhere. The dual-pricing gap is increasing, and the problems in the South are getting worse.

Regardless of what he actually did and how bad he was, people who used to vilify Thaksin are starting to suggest that perhaps he wasn't so bad after all and they would now vote for him if he were to come back. The people do not have a constitution and are still under restrictive rule.

Christian Lloyd

Bangkok

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Suvarnabhumi 'face-saving' led to a national disgrace

Re: "Old Thai proverbs shed light on airport fiasco", Opinion, January 26.

The situation at Suvarnabhumi airport is of course a complete farce. I recall that just after the airport was opened, a letter was written to The Nation criticising it and other papers for printing negative stories about the airport (Airport coverage has overlooked the triumphs", October 6, 2006). The writer suggested that if you had "an ounce of Thai blood" you should desist immediately. That person must now be eating their words!

I hope this is a lesson to that person and others like them that blind nationalism does the country a great disservice and actually exacerbates problems. One who truly loves their country instead should identify what's wrong and complain about it to all and sundry. Too often we are faced with finding a cure when prevention had been possible all along. The irony is that often this nationalisation is associated with a fear of the country "losing face" when it is clear that the end result is a complete loss of face!

Neil Aitken

Norwich, United Kingdom

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CNN should not be looked to as one's sole source of news

Re: "Mysterious 'Rattaban' keeping an old lady from her CNN", Letters, January 24.

I don't know who "Rattaban" is. Maybe you should ask your maid Noy and she will explain it to you very slowly. Why do you care so much about American "Mac TV"? If you really like to be informed read the newspapers or look at real news on the Internet, on The Guardian's website for example. If you only watch CNN to see "that nice Hugh and that lovely Kristie" it might be better for you to go to America and look at them and all the other lovely characters live and in colour. Then you can shout every day: "I want my CNN back now" and you won't be bothering anybody in Thailand with your demands.

No CNN fan

Bangkok

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Unilateral US action not UN dithering needed in Burma

The United Nations is a debating organisation. The UN is useless in situations like the one going on in Burma. A comparable situation was happening in Haiti about The Chinese veto of the US-sponsored UN Security Council (UNSC) resolution on Burma was a blessing in disguise. The UNSC has not resolved any crisis in its history. What is required is unilateral action by the US. Our first preference is a negotiated political settlement with General Maung Aye. We will also develop viable policy options and do what must be done to restore freedom and democracy in Burma.

Myint Thein

Senior Adviser to the Burmese Resistance

Dallas, Texas

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