Mapping Table of Official UPR Documentation (A/HRC/WG.

6/12/THA/1,2 and 3)
1. Constitutional and legislative framework on human rights
National Report Compilation of UN Information Summary of Stakeholders' Information (A/HRC/WG.6/12/THA/1) (A/HRC/WG.6/12/THA/2) (A/HRC/WG.6/12/THA/3) International Obligations International Obligations International Obligations (17) Thailand was among the first 48 countries to N/A (Section I.A.and (1)) Thailand is not a party to: endorse the Universal Declaration of Human OP-ICESCR , ICCPR-OP1, ICCPR-OP2, OPRights on 10 December 1948 CAT, CRPD-OP, Convention on the Prevention and Punishment of the Crime of Genocide, Rome Statute of the International Criminal Court, Palermo Protocol and was invited to ratify: ICRMW, CED, four instruments on refugees and stateless persons, and the UNESCO Convention against Discrimination in Education. (18) Thailand is currently Party to 7 core (Section I.A.) Thailand has ratified Geneva international human rights instruments: (1) Conventions of 12 August 1949 and Additional ICCPR, (2) ICESCR, (3) CEDAW, (4) CRC and Protocols thereto, except AP I, II, III and ILO its two Optional Protocols: OP-CRC-AC and OP- fundamental conventions except Nos. 87, 98, 111. CRC-SC; (5) CERD; (6) CAT; and (7) CRPD . Thailand is also Party to the 4 Geneva Conventions of 1949 and the United Nations Convention against Corruption. (2) In 2006, the Committee on the Elimination of (19) Thailand is seriously considering signing Discrimination against Women (CEDAW) drew CED, and ratifying it in the future. attention to the fact that reservations to article 16 were contrary to the object and purpose of the Convention. (20) Thailand has ratified 14 conventions of ILO, namely Conventions Nos. 80, 116, 104, 105, 127, 14, 19, 29, 88, 122, 100, 182, 138, and 159, and intends to ratify Conventions Nos. 87 and 98.

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Constitutional Framework (12) The 2007 Constitution enshrines human dignity, equality without discrimination as well as the rights and liberties of persons as stipulated in the Universal Declaration of Human Rights.

Constitutional Framework N/A

Constitutional Framework (6) The 2007 Constitution was flawed in three significant ways: it was drafted by a militarilyappointed assembly; legalized the coup; and removed citizens participation from the selection processes of members of independent institutions, including the NHRC.

(12) The constitution guarantees the rights of the community to manage and make use of natural resources. The provisions on rights and liberties in this Constitution can be directly invoked to bring a lawsuit in case of human rights violation. (13) The Constitution guarantees the rights of the people to participate in politics, governance, formulation of public policy, as well as economic and social development planning. Various independent check-and-balance mechanisms have also been set up under the Constitution. These provisions support the cause of democracy and human rights in which the public and civil society are driving forces as manifested by the political, social and economic developments in Thailand. (15) The Constitution provides space for civil society organizations to play a role in the protection of human rights in the country, by supporting networks of groups of people to monitor State power at all levels and to express their opinions and demands. Domestic Legislation Relevant to Human Rights N/A

Domestic Legislation Relevant to Human Rights (3) The Covenant had not been fully incorporated into domestic law and that its provisions were not in practice invoked in courts of law. Challenges remained in timely enactment of enabling laws and mechanisms.

Domestic Legislation Relevant to Human Rights (7) Referred to the Martial Law Act B.E. 2457 (1914), Administrative Decree on the State of Emergency B.E. 2548 (2005) and the Internal Security Act B.E. 2551 (2008) as suppressive laws.

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(4) Security legislation such as the Internal Security Act (ISA), martial law and the Emergency Decree have negative implications on the rule of law, including due process guarantees, particularly regarding the Southern Border Provinces, where all three pieces of legislation were currently in force. (6) The 2007 Constitution further empowered the NHRC to take cases directly to court, in its own name and on behalf of those whose rights have been violated.

(8) Some provisions of international treaties had not yet been reflected in domestic laws, including on arbitrary arrest and detention, rights of detainees and extrajudicial execution.

2.National Human Rights Institutions and Policy Measures

National Report (A/HRC/WG.6/12/THA/1) National Human Rights Commission N/A Compilation of UN Information (A/HRC/WG.6/12/THA/2) National Human Rights Commission (5) The National Human Rights Commission of Thailand was accredited with A status in 2004, which was reconfirmed in 2008. (6) The 2007 Constitution further empowered the NHRC to take cases directly to court, in its own name and on behalf of those whose rights have been violated. Summary of Stakeholders' Information (A/HRC/WG.6/12/THA/3) National Human Rights Commission (12) The NHRC was questioned whether it complied with the Paris Principles and was referred to its ineffectiveness.

Other Human Rights Institutions and Policy Measures (14) Thailand has developed various mechanisms for the protection of human rights, including independent bodies and mechanisms established under the administrative, legislative and judicial branches. Notable mechanisms include: the National Human Rights Commission of Thailand; the Office of the National AntiCorruption Commission; the Ombudsman; the Rights and Liberties Protection Department,

(12) NHRC stated that the Government was slow in enacting the law allowing the Commission to discharge its additional functions prescribed by the 2007 Constitution. This draft law did not permit the NHRC to disclose any information obtained during the carrying out of its functions and imposed a penalty for such disclosure. Other Human Rights Institutions and Policy Other Human Rights Institutions and Policy Measures Measures (7) Thailand had established various (14) The Second National Human Rights Plan mechanisms to protect human rights, including a (20092013) emphasized open participation from National Committee on Human Rights Policy and stakeholders in every sector of society, however, Plan of Action; and issues of disparities and the actual participation process was incomplete, injustice were clearly addressed under the 11th unsystematic, hierarchical, and lacked proper National Economic and Social Development Plan. consideration of peoples opinions.

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the Ministry of Justice; the Department of Peoples Rights Protection and Legal Aid, the Office of the Attorney General; the Parliamentary Committee on Justice and Human Rights; the Parliamentary Committee on Vulnerable Groups Affairs; the Court of Justice; and the Administrative and Constitutional Courts. (16) Thailand is committed to regional human rights mechanisms within ASEAN. The country stands ready to support the work of the Thai representatives in AICHR and ACWC to enable these mechanisms to effectively protect the rights of the peoples of ASEAN. (14) NHRC indicated that since 2001, due to the lack of an effective monitoring and evaluation mechanism, the Second National Human Rights Plan was not seriously implemented by Government departments which were not held responsible for their inaction.

3. Cooperation with Human Rights Mechanisms (treaty bodies & special procedure)
National Report (A/HRC/WG.6/12/THA/1) Treaty Bodies N/A Compilation of UN Information Summary of Stakeholders' Information (A/HRC/WG.6/12/THA/2) (A/HRC/WG.6/12/THA/3) Treaty Bodies Treaty Bodies (Section II.A.1.)The initial report and second (16) Thailand had not been successful in report to the CERD were submitted in June 2011. submitting most treaty body reports on time. The initial report to the CESCR has been overdue since 2002.The second report to the HR Committee has been overdue since 2009. The combined sixth and seventh reports to the CEDAW have been overdue since 2010. The initial report to the CAT has been overdue since 2008. The combined third and fourth reports to the CRC were submitted in July 2011. The initial report to the OP-CRC-AC had been overdue since 2008 and was submitted in 2009. The initial report to the OP-CRC-SC had been overdue since 2008 and was submitted in 2009. The initial report to the CRPD is due in 2011. (16) NHRC highlighted that many recommendations of treaty bodies had not been implemented and many human rights issues remained to be addressed.

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Special Procedure N/A

Special Procedure Special Procedure (10) Thailand does not have any standing N/A invitation to the special procedures mandates. (Section II.A.2.) Special Representative of the Secretary-General on Human Rights Defenders visited Thailand between 1927 May 2003. Special Rapporteur on trafficking and Special Rapporteur on sale of children visits were agreeed upon in principle. Visits requested and not yet agreed upon include: Special Rapporteur on the right to health (requested visit in 2005); Special Rapporteur on freedom of opinion and expression (requested in 2004); Special Rapporteur on extrajudicial, summary or arbitrary executions (requested in 2005, reminder in 2008 and 2010); independent expert on minority issues (requested in 2006 and reminder in 2007) ; Working Group on Arbitrary Detention (requested in 2008); Special Rapporteur on adequate housing (requested in 2008); independent expert on access to safe drinking water and sanitation (requested in March 2010); Special Rapporteur on human rights and counterterrorism (requested in 2008 and 2010); Special Rapporteur on migrants (requested in 2008, reminder in 2010); Special Rapporteur on the right to food (requested in 2010); Special Rapporteur on human rights defenders (follow-up requested in 2008 and 2010). Office of the United Nations High Commisioner for Human Rights (11) The OHCHR regional office for Southeast Asia is hosted by Thailand in Bangkok. The Deputy High Commissioner visited the country in 2008 and in 2010 when Thailand hosted a seminar on the review of the Human Rights Council. Between 2007 and 2010 Thailand hosted OHCHR regional briefings on UPR, Office of the United Nations High Commisioner for Human Rights N/A

Office of the United Nations High Commisioner for Human RIghts N/A

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a regional OHCHR training on treaty body reporting and follow-up, a regional colloquium for judges, as well as training on the CRPD, CAT and CERD. OHCHR engaged in capacitybuilding activities on administration of justice, and trained members of Thai civil society organizations and national institutions on their role in promoting and protecting human rights (12) Thailand has contributed financially to OHCHR since 2000 and to the Trust Fund on Slavery in 20062008.

4.Equality and Non-Discrimination

National Report (A/HRC/WG.6/12/THA/1) Gender Inequality (69) The Thai Constitution guarantees equal rights between men and women and Thailand is in the process of withdrawing its reservation to Article16 of the CEDAW on marriage and family life. (70) To enable women to fully realize their human rights, there is the 10th Womens Development Plan (2007-2011) and there is the National Committee on the Policy and Strategy for the Advancement of Women as a central body for policies on women. (71) Chief Gender Equality Officers (CGEO) and Gender Focal Point (GFP) have been appointed in Government ministries to help promote gender equality. (73) The proportion of women in politics and public administration still remains low while the proportion of women leaders in Thai civil society organizations is comparable to that of men. Compilation of UN Information (A/HRC/WG.6/12/THA/2) Gender Inequality (13) CEDAW expressed concern at the persistence of strong stereotypical attitudes about the roles and responsibilities of women and men, disadvantaging position of women in several areas. (14) CEDAW stated that Muslim women in the south lacked access to education, social security, healthcare and economic opportunity. Many of them are subjected to early marriage and UNCT also pointed out that they have limited access to matrimonial property after the death of husbands. (18) HR Committee and CRC, with CEDAW noted that the certain provisions of the Nationality Law continues to discriminate against Thai women who marry foreign men. Summary of Stakeholders' Information (A/HRC/WG.6/12/THA/3) Gender Inequality (18) Discrimination and Violation of woman's human rights had intensified and become more complex.

(18) There are three exceptions in the "Gender Equality Bill" allowing discrimination against women.

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(74) Violence against women remains a challenging issue. Various laws and measures have been amended and adopted to address the problem. (74) As women with disabilities are among the most vulnerable to violence, a specific plan to help empower them has been drafted. (76) The main obstacles of gender equality lies in the negative stereotyping of women and gender roles within society. (77) Thailand is in the process of drafting a gender equality promotion bill which will protect women from discrimination and prohibit discrimination on the ground of sexual orientation. (77) People with gender identity issues have problems in accessing some basic rights due to discrimination. Discrimination against Ethnic Groups and Stateless Persons (64) Thailand announced the withdrawal of its reservation to Article 7 of CRC which guarantees the right of the child to be registered immediately after birth, including stateless children.

Discrimination against Ethnic Groups and Stateless Persons (17) The Special Representative of the SecretaryGenral on human rights defenders referred to reports that land farmed by the hill tribes was being taken over by private actors or the State due to lack of official proof of citizenship allowing them to claim their rights to land, education and health services, freedom of movement and employment.

Discrimination against Ethnic Groups and Stateless Persons (21) Invisible status of indigenous people and ethnic minorities leads to discrimination and misperception of threats to national security, to natural resources and drug traffickers.

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(64) Children of long-term migrants and those belonging to ethnic groups are entitled to apply for Thai nationality or the status of legal

Violations to the Rights of Child (61) Child protection committees and child and youth councils have been established at all levels, national to local.

(18) UNCT noted that the 2008 amendment to the Nationality Act is welcomed, but it cannot prevent statelessness because of gaps in the acquisition of nationality under the Act. (18) UNCT noted that even though universal birth registration was codified by the 2008 Civil Registration Act, as many as 15 percent of births remained unregistered. Violations to the Rights of Child (14) CRC noted that violence in Deep South has severe consequences and endangered the right of the child to life, survival and development. (15) CRC expressed concern about violations and discrimination against the child in several forms, particularly girl child, children of indigenous, religion or ethnic minority communities, children of refugees and asylumseekers, children of migrant workers, street children, children with disabilities, children living in rural areas, and in poverty.

(21) Not much progress in the naturalization of ethnic groups and former displaced Thai citizens.

Violations to the Rights of Child N/A

(67) The 1998 Labour Protection Act (2008 amendment) prohibits the employment of children under the age of 15. There are an establishment of child labour prevention networks down to the village level and also a National Committee on the Elimination of Worst Forms of Child Labour.

(68) The government and NGOs have been helping street children by providing teachers, counseling, shelters, as well as bringing them into the educational system and reintegrating them with their families. Discrimination against Disabled and HIV Infected Discrimination against Disabled and HIV Infected Discrimination against Disabled and HIV Infected Persons Persons Persons (78) The Thai Constitution guarantees the right of (16) UNCT noted Thailand's committment to persons with disabilities to access welfare, public attain the Three Zeros goal of UNAIDS and services and appropriate assistance. discrimination against and stigmatization of vulnerable groups inhibit the ability to reach prevention effort. There is also the high rate of AIDS affecting women engaged in prostitution. (79) Thailand has developed various laws to protect the rights of persons with disabilities and enhance their access to public facilities and services. (19) Disabled persons are prevalently discriminated in several forms.

(20) People living with HIV faced discrimination in society, being refused to be employed and study.

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(51) The protection of the rights of HIV infected persons has been addressed in the National AIDS Strategic Plan and the treatment is also covered under the Universal Healthcare Coverage Scheme. (51) Thailand is also promoting access to AIDS treatment for disadvantaged or other marginalized groups.

5. Right to Life Liberty and Security of Person

National Report (A/HRC/WG.6/12/THA/1) Death Penalty (33) Thailand has abolished the death penalty for persons below 18 years of age, and does not apply the death penalty on pregnant women and persons with mental illness. The death penalty is imposed only on persons who have committed serious crimes, and royal pardons are sought and granted on various occasions. Shackles and Imprisonment (37) The law prohibits the use of restraints on a prisoner unless he or she is a threat to himself/herself or others and to prevent escape. The use of restraints on prisoners over 60 years of age and female prisoners is also prohibited. Compilation of UN Information (A/HRC/WG.6/12/THA/2) Death Penalty (19) In 2010, Thailand abstained in the vote on General Assembly resolution 65/206 on a moratorium on the death penalty. In 2005, the HR Committee noted with concern that the death penalty was not restricted to the "most serious crimes". Summary of Stakeholders' Information (A/HRC/WG.6/12/THA/3) Death Penalty (22) In January 2010, the Minister of Interior announced a campaign to extend the death penalty to drug offences under three existing laws. At present there were 708 persons on death row with 339 of them for drug-related offences, 68 of whom were women.

Shackles and Imprisonment Shackles and Imprisonment (22) The HR Committee was concerned at the N/A overcrowding and general conditions of places of detention; and that the right of detainees of access to lawyers and members of the family was not always observed in practice. The Committee considered the duration of detention before a person was brought before a judge to be incompatible with the requirements of the Covenant.

(37) Regarding the condition of prisons and detention centres, Thailand has continued to improve conditions in these facilities to bring them in line with penological, legal and human right principles.

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Drugs Treatment N/A

Drugs Treatment (23) UNCT was concerned at recent reports of a new wave of compulsory drug treatment for more than 30,000 people in Thailand and the risk of a possible setback for the operationalization of the National Harm Reduction Policy.

Drugs Treatment (27) Thai drug users and suspected drug offenders faced stigmatization and an elevated risk of violence from the Governments hard line and anti-drug campaigns. The police maintained a list of drug offenders, which was used each time there was a campaign to round up drug offenders. (27) Government policy continued to subject drug users to compulsory treatment at centres run by the military and the Interior Ministry. Harmreduction services were not available in all prisons. Out of 30,020 female prisoners 17,170 of them were in prisons for drug offences. Human Trafficking (32) NHRC stated that, despite measures taken, the problem of human trafficking persisted with reports of corruption among officials and inability to prosecute traffickers.

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Human Trafficking (108) The fight against human trafficking began in earnest in the late 1980s and has been declared a national agenda since 2004. Relevant laws, policies and mechanisms have been constantly developed to protects all victims of trafficking regardless of gender, nationality or legal status, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. The major progress being the Prevention and Suppression of Human Trafficking Act of 2008.

Human Trafficking (26) The HR Committee expressed concern about trafficking in persons for purposes of sexual exploitation and forced labour, including child prostitution and about the significant proportion of children, often stateless or of foreign nationality who engaged in labour and were often victims of trafficking. Related concerns were expressed by CRC, the ILO Committee of Experts on the Application of Conventions and Recommendations (CEACR) in 2011 and CEDAW, including on sex tourism and child pornography.

(109) Thailand has undertaken the fight against human trafficking based on the 4 Ps1) Policy : A National Committee have been set up. A national strategy on the prevention and suppression of trafficking in persons has been drafted and the Operation Centre on Human Trafficking has been established. 2) Prevention: Campaigns have been carried out to raise awareness through various media channels.

(32) The 1996 Prevention and Suppression of Prostitution Act had created an environment where police and local authorities felt emboldened to take abusive actions against sex workers. Misrepresentation in media encouraged sectors of society to feel they can act against sex workers with impunity, hindering access to health services.

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3) Protection: The Children and Family Homes have been set up in all 76 provinces. There are also the 24-hour Hotline Centre and 9 Protection and Occupation Development Centres. 4) Prosecution: The AntiHuman Trafficking Division has been set up. (108) Victims of trafficking have been allowed to remain temporarily and work in the country as stipulated by the law in order to facilitate the prosecution of traffickers. (109) Thailand has concluded MOUs at the Mekong sub-regional and bilateral levels with its neighbours on joint efforts to address the problem of human trafficking and protect and assist the victims. Inhumane or Extrajudicial Treatment and Punishment (35) Torture and punishment by cruel or inhumane means are prohibited under Section 32 of the Constitution.

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Inhumane or Extrajudicial Treatment and Punishment (20) In 2005, the HR Committee expressed concern at the persistent allegations of serious human rights violations, including widespread instances of extrajudicial killings and ill-treatment by the police and members of armed forces, illustrated by incidents such as the Tak Bai and the Krue Se mosque incidents and the extraordinarily large number of killings during the "war on drugs".

Inhumane or Extrajudicial Treatment and Punishment (23) Thailand under various Governments had responded to protests with unnecessary and/or excessive force, including the suppression of protests related to the Thai-Malaysian natural gas pipeline and gas separation plant project; suppression of the protests in Tak Bai; and the dispersion of Red Shirt protesters in April and May 2010. (23) The police and security forces employed excessive force during security operations. Prominent examples included events in southern Thailand (including the 28 April 2004 Krue Se Mosque killings). Under the Thaksin Government, the war on drugs resulted in 2,800 killings in a three month period.

(36) The Criminal Procedure Code prohibits the use of torture in criminal proceedings. Persons subjected to torture by officials during investigation have the right to bring the case to Court in accordance with the Criminal Procedure Code. All accused will be physically examined when they are transferred to prison in accordance with penitentiary regulations. Victims of torture also have the right to seek redress and compensation under both criminal and civil law.

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(24) A polarization of Thai society emerged in 2006, reflecting the conflict between the Peoples Alliance for Democracy (PAD) and the United Front of Democracy against Dictatorship (UDD). In October 2008, two PAD supporters died and at least 440 others, including police, were injured. (25) Between 10 April and 19 May 2010, 74 protesters or passersby, 11 members of the security forces, four medics, and two journalists were killed during sometimes violent antigovernment protests in Bangkok and elsewhere in the country. Many UDD members had experienced torture and forcible interrogations, arbitrary arrest and detention and overcrowded detention facilities. (26) NHRC stated that the enforcement of special security laws in southern Thailand, over a long period of time, had given rise to human rights violations. There were reports on complaints of extrajudicial killings, enforced disappearance, arbitrary detentions and torture, including for obtaining confessions and numerous reports of torture and other ill-treatment at Ingkharayuthboriharn Army Camp in Pattani province and of unofficial detention centres where detainees were held without access to the outside world and thus were particularly vulnerable to torture and other ill-treatment. (31) Alleged that there were at least 21 unofficial detention sites. Government medical examiners were allegedly predisposed to provide inconclusive or vague reports on abuse. Conditions of detention often amounted to cruel, inhuman or degrading punishment, specifically when shackles were used; and there was a lack of judicial scrutiny and regular independent monitoring of detainees.

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(31) Expressed concern about the impact of violence on the Thai eastern border with a neighbouring country, especially the displaced. Violence against Children and Women (63) For Children in Southern Border Provinces, there have been efforts to promote their development and protect them from violence in the area. In 2010, the number of children affected by violence significantly declined to the lowest figures since 2004. Violence against Children and Women (24) In 2011, the Secretary-General stated that the United Nations had received information that pointed to the alleged involvement of children in activities of non-State armed groups and village defence volunteers (Chor Ror Bor). Violence against Children and Women (29) Referred to the persistence of childrens involvement in Chor Ror Bor (Governmentestablished village defence volunteer units), as well as their continued involvement in armed opposition groups in southern Thailand. NHRC stated that the detention and treatment of juveniles below 18 years was not in accordance with international standards. (24) UNCT stated that in the SBP ongoing (28) Malay Muslim women had been affected by violence is taking a high toll on children, in spite the violence in southern Thailand and faced of Thailands efforts to protect them. Children trafficking, domestic violence and health issues. have been subject to the application of martial More than 2,188 were widowed and sexual law and the Emergency Decree due to the special violations including rape of women and girls were legal mechanism under the security laws and the widespread. absence of special regulations for juveniles. (24) Physical abuse of children and psychological (30) Corporal punishment was lawful in the home damage as a result of searches, home visits, and alternative care settings and continued to be questioning, arrests and detention have been used in schools. reported. Children affected included those suspected of participating in or supporting any act that constitutes an emergency situation, and those whose family members have been suspected of participating in or supporting any aforementioned act. (25) UNCT noted that many child victims of domestic violence were placed in an institution and that limited investment by Thailand in the prevention of abuse, violence, neglect and exploitation perpetuated a cycle of violence against children.

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(65) Violence against children remains an important challenge, whether in the forms of domestic violence, child pornography, child sex abuse, or the involvement of children with narcotic drugs.

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6. Administration of Justice, including Impunity and the Rule of Law

National Report (A/HRC/WG.6/12/THA/1) Judicial Procedure (26) The rights of individuals in the judicial process are guaranteed under various provisions of the Constitution. (27) Measures have been put in place to disseminate information on the judicial system to the public and enhance public access to justice on an equal basis. (28) Unequal access to justice for the poor remains a challenge. Legal proceedings and legal empowerment of the poor need to be strengthened. (32) Thailand is in the process of reforming its justice process, including the police, prosecutor and the Court. Administration of Justice in Southern Border Provinces (29) Administration of justice is an important issue in the three Southern Border Provinces. The Government aims to address this matter based on the principle of reconciliation and by peaceful means. Compilation of UN Information (A/HRC/WG.6/12/THA/2) Judicial Procedure N/A Summary of Stakeholders' Information (A/HRC/WG.6/12/THA/3) Judicial Procedure N/A

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Administration of Justice in Southern Border Provinces (29) The HR Committee was especially concerned that the 2005 Emergency Decree provided for officials enforcing the state of emergency to be exempt from legal and disciplinary actions, thus exacerbating the problem of impunity.

(30) The Government has implemented the Master Plan for the Administration of Justice and the Strategic Plan for Development of Justice Process in the Southern Border Provinces of Thailand , and has set up various complaint mechanisms.

Administration of Justice in Southern Border Provinces (33) The continued use of overlapping special security laws in the south increased the militarys power at the expense of democratic accountability. The Government had used aggressive draconian laws to govern, imposing rule by law rather than respecting the rule of law and the courts of law were increasingly regarded with distrust. (36) The use of arrest warrants had allegedly led to re-arrests, arbitrary detention and forced participation in military camps, under the present administration of justice there was a long delay in the completion of trials in Southern Thailand and it was not easy for the under-trial prisoners to secure bail. (36) Fundamental lack of justice fuelled a feeling of state abuse among the indegenous Muslim Malay population in South Thailand.

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Political Unrest (31) With regard to Thailands political situation, investigations into the violent incidents in April and May 2010 are ongoing so as to bring the perpetrators to justice.

Political Unrest (31) UNCT commended Thailand for initiating a reconciliation process after the large-scale demonstrations and subsequent clashes between the UDD and the Government in April/May 2010. A Truth and National Reconciliation Commission (TRC) was established and investigations into the States handling of the protests were ongoing, which the United Nations was supporting. On 17 May 2010, the High Commissioner for Human Rights stressed that all parties should be made aware that they would be held accountable for their actions.

Political Unrest (37) Noted little progress in prosecuting government officials identified as being responsible for ordering police to use excessive force to disperse the PAD protesters on October 7, 2008. Also noted that, while UDD protest leaders protesters had been arrested and charged, impunity for the government security forces remained.

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Human Rights Defenders N/A

Human Rights Defenders Human Rights Defenders (27) In 2004, the Special Representative reported N/A that human rights defenders had been targeted for judicial prosecution. The Special Representative considered that the law was being applied selectively against defenders, with prosecutions initiated to deter defenders taking public action and to exhaust their time and finances, rather than to enforce the rule of law. Implication of Laws on Children and Women (32) Noting the high rate of women in prison, CRC was concerned that sentencing decisions did not consistently take into account the best interests of the child and women's role as mothers with child caring responsibilities. (33) In 2006, CRC noted that some existing legislation, for example the Penal Code regarding the minimum age of criminal responsibility (7 years), was still not in compliance with the Convention. Impunity (30) In 2011, UNCT noted that challenges to the administration of justice were linked to potential impunity for military, police and security personnel. Implication of Laws on Children and Women N/A

Implication of Laws on Children and Women N/A

Impunity N/A

Impunity (34) Highlighted that impunity of State officials continued to be a serious problem in Thailand. It stated that under the Martial Law Act, military personnel were immune from criminal

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prosecution and civil suits. Under section 17 of the Emergency Decree, officials were immune from civil, criminal or disciplinary liabilities so long as they were acting in good faith and in a manner not unreasonable to the circumstances. In practice, this clause was interpreted to provide immunity for actions taken pursuant to superior orders, in contravention of international standards (30) [Impunity was] Highlighted by the absence of successful prosecutions of State officials in a number of high profile incidents such as the deaths of 78 ethnic Malay Muslims in the Tak Bai incident of October 25, 2004; the disappearance of human rights lawyer Somchai Neelapaijit on 12 March 2004; the 2,819 extrajudicial killings that accompanied the 2003 war on drugs; and allegations in 2008 and 2009 that the Thai navy forced boats carrying Rohingya people from neighbouring countries back to international waters, which resulted in casualties. (35) Referred to cases of persistent impunity for torture, massacre and disappearance. The recent Appeal Court judgment in the Somchai Neelapaijit case absolved the State of any responsibility for his enforced disappearance. Regarding the 2004 police and army personnel killing of all 32 suspected insurgents who had fled inside the Krue Se mosque, the AttorneyGeneral issued a non-prosecution order on 10 February 2009 on the grounds that the force used was reasonable in the circumstances. In connection with the deaths by suffocation of 78 civilian protestors from Tak Bai during transit to a detention facility, and despite the findings that senior military officers failed to discharge their command responsibilities properly, the AttorneyGeneral issued a non-prosecution order in 2010, without explanation. The 2008 case of Imam Yapa Kaseng, in which an inquest hearing concluded that an imam was tortured and killed by members of the Thai military, remained at the investigative stage with no public information available.

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7. Right to Privacy
National Report (A/HRC/WG.6/12/THA/1) N/A Compilation of UN Information (A/HRC/WG.6/12/THA/2) (34) CRC concerned that identities and photos of child victims were presented in the media, ignoring the childs right to privacy. Summary of Stakeholders' Information (A/HRC/WG.6/12/THA/3) (40) No legislation recognizing sex change and same-sex marriages, resulting in discrimination.

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(35) CEDAW concerned that there are early marriages due to cultural norms and they are not provided educational opportunities.

(40) Transgender people had difficulties getting employment due to "mental illness" stated in military discharge documents.

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8. Freedom of Religion or Belief, Expression, Association and Peaceful Assembly and Right to Participate in Public
National Report (A/HRC/WG.6/12/THA/1) Freedom of Expression in General (21) The Constitution guarantees freedom of a person to express opinions, make speeches, write, print and publicize. Compilation of UN Information (A/HRC/WG.6/12/THA/2) Freedom of Expression in General (36) The Special Rapporteur on the right to freedom of expression raised his concern about restrictions to the right to freedom of opinion and expression in Thailand, mainly through the Emergency Decree, lese-majeste law and the Computer-related Crimes Act. (23) Press agencies and private organizations (39) The Committee of Experts reiterated that the attest to the free atmosphere that is conductive to Organic Law on Political Parties needs to be news reporting and the free flow of information. brought into conformity with the Abolition of Forced Labour convention that prohibited the use of forced labour as a punishment for expressing political views. (23) Freedom of expression is reflected in the establishment of community radio stations and cable channels around the country. Censorship and Freedom of information (21) The Official Information Act guarantees the public the right of access to official information and enables them to scrutinize the work of the Government. (22) A committee has been set up to draft the Rights, Liberty, and Media Professional Standards Bill with a view to protecting the rights and liberties of the media profession and news consumers. Censorship and Freedom of information (38) UNESCO noted that there remained heavy self-censorship on the subject of monarchy and judiciary and that the broadcast sector continued to be controlled by State and Government enterprises. Summary of Stakeholders' Information (A/HRC/WG.6/12/THA/3) Freedom of Expression in General (42) Since the 2006 coup d'etat, the government had greatly restricted freedom of expression, primarily to those who opposed the coup, support the deposed Prime Minister, or criticized the monarchy. (44) Powerful elites, companies and politicians frequently used both criminal and civil defamation to intimidate, bankrupt and imprision critics.

(46) Thai authorities, particularly security personnel, insurgents in southern Thailand and companies posed a serious threat to human rights defenders. Censorship and Freedom of information (42) There has been the increased use by the authorities of the Emergency Decree, the lese majeste law and the Computer-related Crimes Act in a growing trend of censorship to silence peaceful political dissent. (43) Thailand was assiduous in blocking access to web sites that carried a different message from the strictly controlled state media.

(44) Journalists tended to exercise selfcensorship on issues regarding the military, monarchy and judiciary.

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Lese Majeste Law (24) On freedom of expression in relation to the monarchy, a review process is underway to study aspects and the best way to enforce the relevant laws with fairness.

Freedom of Religion N/A

Lese Majeste Law (36) The number of lese-majeste cases being investigated and accepted by the courts are increasing and UNCT noted that more than 100,000 websites were shut down over the last few years. (37) Lese-majeste has been enacted not by any demand to protect the monarchy as one of Thailand's principal institutions. The King is not in a position to amend the law. Freedom of Religion N/A

(44) The Official Information Act fell short of international standard and the Official Information Commission was not independent. Lese Majeste Law (38) Highlighted the sharp increase in lse majest cases and the number of persons that may have been convicted.

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(42) Lese majeste law can be exploited against any activity that is considered a threat to national security. Freedom of Religion (41) There has been discrimination against Muslims practising their religion. The police dropped all charges against a former paramilitary ranger alleged to have been invloved in an attack in 2009 on the Al-Furqan mosque in which 10 Muslims were killed.

9. Right to Work and to Just and Favourable Conditions of Work

National Report (A/HRC/WG.6/12/THA/1) Legislation and Framework (43) The Constitution guarantees the right of workers to receive security and welfare in accordance with the law. Compilation of UN Information Summary of Stakeholders' Information (A/HRC/WG.6/12/THA/2) (A/HRC/WG.6/12/THA/3) Legislation and Framework Legislation and Framework (40) UNCT highlighted the ILO Committee of N/A Experts reference to the need to prioritize employment generation within the framework of a coherent economic and social policy. (44) Thailand intends to ratify ILO Convention No. (40) UNCT further highlighted the need for 87 on Freedom of Association and Protection of specific initiatives with respect to vulnerable the Right to Organize and No. 98 on Right to groups, including people with disabilities and Organize and Collective Bargaining. migrant workers, and the need to implement appropriate measures to prevent abuse in the recruitment and exploitation of migrant workers. (45) In December 2010, the Government approved an increase in the minimum wage averaging 6.35 percent.

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(46) Health and Environment Act of 2011 ensures that employers provide suitable working conditions. Informal Sector Informal Sector (47) The Government has extended social N/A security coverage under the 1990 Social Security Act to approximately 24 million workers in the informal sector. Overseas workers (48) As for Thai overseas workers, the agents or unlicensed recruitment agencies, which will be punished according to the law. The Overseas Workers Aid Fund has been providing assistance for abandoned overseas workers and to provide assistance to families of workers who die overseas. Vulnerable workers N/A Overseas workers N/A

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Informal Sector (48) 62.7 per cent of employed were from the informal sector and indicated that Contract farming in the agriculture sector was not protected by the new Home Workers Protection Act. Overseas workers N/A

Vulnerable workers (41) UNCT noted that migrant workers cannot set up trade unions of their own and they cannot stand for trade union office in organisations.

Vulnerable workers (47) The unskilled workers and those belonging to ethnic minorities without regular identity cards were being particularly disadvantaged in the labour market. (49) Thailand should enhance protections for groups whose rights are particularly affected by private sector activity, such as migrant workers and child labourers and pursue companies that violate labour laws, particularly in industries with a high incidence of human rights abuses, such as shrimp processing.

10. Right to Social Security and to an Adequate Standard of Living

National Report (A/HRC/WG.6/12/THA/1) Poverty and Development (39) Thailand has been strving to achieve all inclusive and equitable social and economic development through National Economic and Social Development Plan. Compilation of UN Information (A/HRC/WG.6/12/THA/2) Poverty and Development (44) CRC concerned that the north, northeast and Southern Border Provinces need allocations of resources. Summary of Stakeholders' Information (A/HRC/WG.6/12/THA/3) Poverty and Development (50) Inequality remains a serious problem leading to widespread violations of human rights. The people cannot access to resources and opportunity to self-development.

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(40) The poverty rate has been declining continuously, as a result of various public policies and programmes. (41) The Government places importance on assisting low-income and small-scale farmers to get out of poverty. (42) It is necessary to address the fundamental structural problem of inequality between rich and poor. Rights to Health (49) A broad and rights-based health policy has been implemented in several schemes.

(50) National reform process to address social injustice and inequality have not yet been concrete. (51) The government's exploitation of natural resources usually negatively affect people in rural areas, especailly in the term of land and pollution. (51) Community leaders who fight against megaprojects often face a life threatening situation while the perpetrators have not been prosecuted. Rights to Health Rights to Health (43) UNCT noted that abortion is legal in Thailand (52) Medical tourism causes negative impacts on only if performed by a physician for the sake of access to health service and inequality in the the womans health or for a pregnancy due to a public health system. sexual crime. The Reproductive Health Protection Bill has not yet been enacted. (44) UNDP report indicated that access to health service is skewed. Maternal mortality remained very high in the SBP while child malnutrition persisted among hill tribe people. (52) Migrants cannot access the generic drugs.

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(50) The Universal Healthcare Coverage Scheme has been improved by increasing the budget to allow for a higher cost per person. Health centres at the sub-district level have been upgraded to Health Promotion Hospitals. (52) Discrepancies still exist between benefits under each health security system. (75) For the problem of premature teen pregnancy, the National Policy and Strategy on the Development of Sexual Reproductive Health has been developed to address the problem and there is also the process of developing the Draft Reproductive Health Protection Act.

(53) Number of early pregnancies and related health problems and the suicide rate among adolescents is constantly increasing. (53) In the south, hospitals cut down their outreach services to the minimum due to lack of health personnel and violent attacks.

(53) In the south, the maternal mortality ratio was 3 times higher and the infant mortality was 30 percent higher than the national average.

Social Security for Disabled and Elderly persons Social Security for Disabled and Elderly persons (80) Regarding persons with disabilities, there are N/A provision of a disabilities Allowance

Social Security for Disabled and Elderly persons N/A

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of 500 Baht per month and the regulation requiring organizations to hire persons with disabilities at a ratio of 1 disabled person to every 100 employees. Several services for them have also been applied. (81) Social protection mechanisms for person with disabilities have also been implemented in various forms. (82) There is still a need to increase social awareness on the rights of persons with disabilities. The lack of disability-friendly facilities in public places and the inaccessibility of facilities and services are practical challenges. (84) Thailands policy with regard to older persons is guided by the Constitution, the 20-year second National Plan for Older Persons (20022022) and the 2003 Act on Older Persons, which in the line with the 2002 Madrid International Plan of Action on Ageing. (86) The government aims to enhance social and income security for older persons in the longer and more sustainable term by encouraging them to rely on their savings. The National Savings Fund Act is a mechanism to encourage all persons of working age to voluntarily contribute their saveings.

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11. Right to Education and to Participate in the Cultural Life of the Community
National Report (A/HRC/WG.6/12/THA/1) Access to Education (53) All children must receive 9 years compulsory education and are entitled to receive 12 years basic education under the Constitution. This is further reinforced by the 15-year free education programme for all, regardless of nationality. Compilation of UN Information (A/HRC/WG.6/12/THA/2) Access to Education (45) UNCT noted that the 15-year free-education policy to enable children to have equal access to quality education remains a challenge at all levels. Summary of Stakeholders' Information (A/HRC/WG.6/12/THA/3) Access to Education (54) Access to quality education in North and North-East region was still being impeded,including by linguistic barriers, and child abuse by teachers is concerned.

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(56) As for students living in remote areas, ICT is used to manage groups of schools, with one main school acting as a hub to assist other schools in providing remote education. (57) Further efforts are needed to improve the quality of education and equal access. Education for Children with Disabilities (54) Children with disabilities are entitled to free education from birth up to undergraduate level with due regard to their special needs. Education for Children with a Problem of Legal Status (58) Non- Thais and persons without a clear legal status as well as children who unlawfully enter the country are also entitled to 15 years education free of charge. However, much needs to be done for them to have equal access to education. (59) On education for displaced persons, vocational training is provided to them to foster skills that will become useful upon return or resettlement. Education in Southern Border Provinces (55) Muslim children in the Southern Border Provinces receive education that is consistent with their way of life, identity, culture and specific needs.

(45) UNCT noted that about 60 percent of children attend some form of pre-primary education. Almost half of the students do not finish the 12-year basic education cycle.

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Education for Children with Disabilities Education for Children with Disabilities (46) UNCT noted that the right to an education for N/A children with disabilities needed further emphasis. Education for Children with a Problem of Legal Status (46) UNCT noted that the education system did not provide adequate support to schools for allowing migrant and/or stateless children to study. Education for Children with a Problem of Legal Status (55) Not all schools outside the camp Mae La accepted children of undocumented migrants.

Education in Southern Border Provinces (47) UNCT noted that there has been a decline in attacks against schools in2010 as well as against students and teachers in the Southern Border Provinces. Military presence in schools remained a concern.

Education in Southern Border Provinces (56) Insurgents frequently targeted teachers and schools, as well as Malay Muslim teachers at government schools and Islamic school administrators who resisted insurgents' efforts to use classroom for indoctrination and recruiting. Schools were frequently shut down.

12. Minorities and Indigenous Peoples

National Report (A/HRC/WG.6/12/THA/1) Ethnic Minorities In General (89) All ethnic groups in Thailand enjoy equal protection under the law without discrimination. Compilation of UN Information (A/HRC/WG.6/12/THA/2) Ethnic Minorities In General (48) In 2005, the HR Committee expressed its concern about the structural discrimination against minority communities, in particular the Highlanders.The HR Committee was also Summary of Stakeholders' Information (A/HRC/WG.6/12/THA/3) Ethnic Minorities In General (57) Ethnic minorities children were being discriminated against and marginalized because of their distinct living habits and language.

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concerned about the construction of the ThaiMalaysian gas pipeline and other development projects which had been carried out with minimal consultation with the concerned communities. (90) People belonging to ethnic groups are socially integrated into Thai society on various fronts. (91) Persons belonging to ethnic groups who are in the process of being granted Thai nationality benefit from the Universal Healthcare Coverage Scheme as with other Thai nationals. (92) Ethnic people have been provided their right to development mainly through royally sponsored projects initiated by His Majesty the King. (93) However, challenges remain in terms of equal access to health and education services due to language, cultural and geographical barriers. Muslim Ethnic in Southern Thailand N/A

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Muslim Ethnic in Southern Thailand N/A

Muslim Ethnic in Southern Thailand (58) The violence in the Deep South was rooted in three main factors, one of them is the distinct ethnic and religious identity of the local population. (59) The Government had made no progress in limiting the power and influence of the military in the south, and that the army had made pressure not to accept any form of autonomy for the south after politicians proposed more self-rule to effectively end the insurgency.

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13. Migrants, Refugees and Asylum-seekers

National Report (A/HRC/WG.6/12/THA/1) Migrant workers (94) Thailand has long been a transit and destination country for migrants owing to the social and economic disparities that exist with some of its neighbours. Compilation of UN Information (A/HRC/WG.6/12/THA/2) Migrant workers (49) According to the UNCT, Thailand hosted over two million migrant workers from neighbouring countries. However, challenges in ensuring the promotion and protection of migrants rights were still significant. Summary of Stakeholders' Information (A/HRC/WG.6/12/THA/3) Migrant workers (60) Human trafficking for the purpose of labour exploitation involved an estimated 2 million illegal migrant workers. There are systemic problems that undermined or threatened workers rights and the weak administrative and human rights monitoring system that enabled exploitation, trafficking, violence and discriminatory practices by officials, employers and other private individuals against migrants. (60) Many of the problems faced by migrant workers arose from policies governing the registration of migrant workers: the nationality verification (NV) process and the Memoranda of Understanding. Migrants who were not registered or fell out of the system were considered by the Government as illegal, and could be subjected to arrest, detention and deportation.

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(95) Thailand has concluded Memoranda of Understanding (MOUs) with Cambodia, the Lao PDR and Myanmar in order to provide a formal channel for migrant workers from these countries to legally work in Thailand.

(49) Irregular migrant workers can be subjected to deception and human trafficking by means of debt bondage and physical abuse, particularly in fisheries, agriculture and as domestic helpers, as well as subjected to expulsions.

(96) The Government has given opportunities to irregular migrants from Cambodia, the Lao PDR and Myanmar to regularize their status through countrywide registration processes.

(49) Many children of migrants encountered challenges in accessing education. Surveys showed that women, who constituted the majority in the informal (especially domestic) sector, were very vulnerable to violations. The cases were seriously underreported due to the fear of deportation. (97) In 2010, the Government began to (49) Access to justice for migrant workers was implement the policy requiring all registered limited and available legal aid is not accessible to migrant workers to undergo the nationality the majority of migrant workers due to language verification process. barriers. (98) Labour inspection is carried out to ensure (49) According to the UNCT, even though there that working conditions are up to standard. some improvements; challenges in ensuring the Training is also provided for labour and other promotion and protection of migrants rights were relevant officials to enhance understanding about still significant. UNCT noted that the current the rights of migrant workers. Nationality Verification Process (NV) was limited to migrant workers.

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(99) Law enforcement still needs to be strengthened to provide adequate protection for migrant workers, especially with regard to the minimum wage and work safety.

(50) In 2011, the Special Rapporteur on migrants referred to reports that the pattern of arbitrary arrest, violence, abuse and exploitation of migrants was allegedly exacerbated by the Prime Ministers order of 2 June 2010 issued to set up a Special Centre to Suppress, Arrest and Prosecute Alien Workers Who Are Working Underground (No.125/1223).

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(100) The Ministry of Public Health provides treatment to all workers regardless of their legal status. (101) Thailand assess its readiness to become a Party to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Refugees and Asylum Seekers (102) Thailand continues to host approximately 110,000 displaced persons from Myanmar in 9 temporary shelter areas in 4 provinces along the border for humanitarian reasons. Refugees and Asylum Seekers (50) Concerns about the situation and rights of migrant workers and refugees, particularly those from Myanmar, were raised by the HR Committee and six special procedure mandate holders. Refugees and Asylum Seekers (61) There had been cases of specific ethnic minorities being repatriated as illegal economic migrants, which could be considered as refoulement; for example, the forcible return of 4,689 Lao Hmong, including 158 UNHCRdesignated persons of concern. Thailand failed to conduct independent investigations into instances in 2008, 2009, and 2011 when the Thai navy pushed boats laden with Rohingyas back to international waters, which allegedly resulted in hundreds of deaths. Of 46 Rohingyas held at the Immigration Detention Center in Bangkok since January 2009, without access to any mechanism for refugee determination or sufficient medical care, two died in detention.

(103) Thailand has collaborated with various NGOs in establishing clinics and providing medical treatment and healthcare to the displaced persons.

(50) Allegations of forced repatriation of Lao Hmong were raised by three mandate holders, with Thailand replying that there had been no report of any difficulties or persecution faced by returnees in 2008 and 2009.

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(104) Children living in the temporary shelters receive education equivalent to grade 1 to grade 10. All children in the temporary shelters are entitled to be registered at birth. (105) The Government aims to be more engaged in the management of the temporary shelters. (106) The Government has cooperated with the UNHCR on access to monitor the living conditions of asylum seekers based on human rights principles.

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