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Published on August 22, 2007

The Thai Cabinet's recent decision to ratify the United Nations Convention Against Torture is encouraging. For years, Thailand has said that it would do so but has failed each time to carry out its promise. The previous government pledged to do so as early as 2004, but nothing came of it. It is ironic indeed that it has taken the Surayud government, installed by the September 19 coup leaders, to go through with this bold undertaking. In doing so, the government has let it be known to the world that it finds torture to be an unacceptable practice. This will augur well with the government's plan to protect and promote human rights.

Two observations can be made concerning Thailand's historic move.

First of all, it is interesting that this latest endeavour also coincides with the government's ongoing efforts to reform the Royal Thai Police. It is an open secret that police and other members of the country's security forces have used various forms of torture during detentions. Torture has been used throughout Thai history as a means of extracting information and the so-called truth. During the communist insurgency in the 1960s and 1970s torture was often used to obtain information because security officials believed that genuine information could be obtained through such methods.

Indeed, Muslim human-rights lawyer Somchai Neelaphaichit disclosed in February of 2004 that his clients were tortured by the police. The news sparked a major uproar among members of the Thai public who normally did not pay any attention to torture. Subsequently, it led to the lawyer's disappearance a few weeks later. The investigation into his disappearance continues to this day.

At the moment, all security forces in the troubled southern provinces are told to comply with international norms. They have been instructed to approach any suspect with smiles and nice words. Furthermore, they are told not to use the provisions of the Emergency Decree, which is in force currently, in order to reduce cases of abuse and injustice. Innocent people have been arrested and punished without having done anything wrong through the misuse of these provisions.

Secondly, it has become obvious that the Surayud government wants to leave behind a legacy as an administration that respected human rights and promoted democracy.

Prime Minister Surayud Chulanont has been quite assertive these days to ensure that his government is not seen as a puppet for the Council for National Security (CNS). Earlier this year, the government approved the establishment of a regional headquarters of the International Commission of Jurists, an initiative which had been turned down by the previous government. He also instructed the Foreign Ministry to ensure that the convention is adhered to.

Surayud has to do more if he wants to be remembered as a defender of human rights. At the moment, Thailand scores very badly when it comes to three freedoms, specifically those of expression, association and assembly.

In the past year, Thailand has become one of the world's most filtered countries as far as the Internet is concerned. The Information and Communications Technology Ministry is doing Thailand a great disservice by blocking tens of thousands of websites. In the end, it will hurt online users more. Public rallies, which were once commonplace, now carry the threat of arrest and detention, as was the case with some members of pro-Thaksin groups.

The prime minister must prevail over these measures which have already dented Thailand's reputation on the international stage. Eventually the lack of a consistent approach by the Surayud government would self-destruct because there is no merit in adopting a dual approach to human rights and other freedoms.

Once the National Legislative Assembly passes the measure, Thailand will join the 144 countries that have ratified the 1984 treaty. As a signatory, Thailand must report periodically to the UN to demonstrate that torture is no longer practised. Any report alleging the country to have committed such an action would lead to further investigation by the UN. Thailand must also accept complaints filed by individuals who claim to be victims of torture.

Three loud cheers for this bold decision.