Draft ISA a Step Backwards from Human Rights and Rule of Law


(Bangkok, 03 July 2007) FORUM-ASIA is deeply concerned with the Thai
military government's plan to pass the draft Internal Security Act
(ISA). Late last month the draft ISA was given a green light by the
cabinet under the interim General Surayud Chulanont government.

The draft ISA is currently in discussion among the members of the
Council of State, the country's legal advisory institution, before
being submitted to the National Legislative Assembly (NLA) for further
reviews. This bill is seeking to revive the Internal Security
Operations Command (ISOC), a military-run organisation notorious for
its hawkish and fear-inducing campaign against civilians to curb
communism in 1970s. ISOC was responsible for many human rights abuses
during that period.

"The bill is a regressive step back from bringing human rights and
rule of law to the country, instead it is pushing the country into
another age of military rule. This act will grant power to the ISOC -
headed by the Army-in-Chief - over the power of the civilian
government", said Mr. Anselmo Lee, Executive Director, FORUM-ASIA.

Basic human rights such as the rights to freedom of movement, freedom
of assembly, and freedom of association will be prohibited if this
bill is passed. The bill also allows the Director of ISOC to arrest
and detain people in private venues, but not proper venues such as
police stations or internationally-accepted detention facilities, for
more than seven days without an arrest warrant. This is a direct
violation of the international human rights treaties to which Thailand
is a party.

By holding persons at private venues without proper facilities, where
lawyers, organisations inspecting prison conditions, families, and
medical staff cannot access, the government is allowing the
possibility of abuses, such as torture, to take place. Most
significantly, Paragraph 2 of the Article 26 gives authority to the
Director of ISOC and the government officers to "suppress individuals
causing an action which may pose a threat to national security".

The phrase ‘national security' is often misused in reference to state-
viewed securities as opposed to human security. Pro-democracy groups
and groups that voice their dissent about the military-drafted
constitution could mistakenly be seen by the military as a "threat to
national security".

The draft law also stresses that officials who use the authority in
accordance with this act are "exempted from civil and criminal law or
disciplinary actions", raising concerns of impunity for increased or
excessive use of force by the government officers.

"Given the number of existing grave cases of impunity and human rights
violations, which the security forces are believed to be involved in,
including the 2,000 people killed during the war on drugs in 2003, the
cases of torture and extra-judicial executions in Southern Thailand,
and the impunity cases of more than 20 human rights defenders (HRDs)
killed to date, the situation is likely to deteriorate once the bill
is passed." stressed Mr. Lee.

Thailand as party to the United Nations needs to uphold human rights
obligations by prohibiting such laws from being passed. Experience
from Malaysia and Singapore regarding similar legislations shows that
similar laws only increase human rights violations and abuses. Interim
Prime Minister Surayud, who has been vocal in his support of the ASEAN
human rights mechanism, needs to understand that once this bill is
passed the state human rights mechanisms, including the National Human
Rights Commission, will be undermined. If the bill is thoroughly
supported by the junta without recognising its consequences, the PM's
words will be just rhetoric without concrete concerns.

For more information, please contact:
Mr. Anselmo Lee, Executive Director, FORUM-ASIA, +662 391 8801,
Asian Forum for Human Rights and Development
Mr. Pokpong Lawansiri, Acting Southeast Asia Program Officer, FORUM-
ASIA,
+6686 603 8844, Asian Forum for Human Rights and Development