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UPDATE (Thailand): Army withdraws order preventing hundreds of people from returning to their homes in south

November 20, 2007

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

20 November 2007

[RE: UG-005-2007: THAILAND: Hundreds of villagers rounded up and detained in southern Thailand; UP-143-2007: THAILAND: Hundreds released from army detention prevented from going home; UP-145-2007: THAILAND: Three vocational training detainees rearrested; police threaten others]
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UP-154-2007: THAILAND: Army withdraws order preventing hundreds of people from returning to their homes in south

THAILAND: Arbitrary arrest & detention; emergency regulations; denial of freedom of movement & residence; internal displacement; declining rule of law
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END EMERGENCY DECREE IN SOUTHERN THAILAND
http://thailand.ahrchk.net/edecree

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Dear Friends,

The Asian Human Rights Commission (AHRC) has received information that hundreds of detainees in a "vocational training" camps have been released and returned home on 18 November 2007 after the Fourth Army chief, Lt-Gen Viroj Buacharoon backed down and reversed a six-month ban prohibiting them from entering for southern provinces (UP-143-2007). This is good news for this group of men, however the AHRC remains concerned that until the Emergency Decree over the southern provinces is lifted there will continue to be many grave human rights violations in the area.

UPDATED INFORMATION:

On 17 November 2007, the Fourth Army commander Lt-General Viroj Buacharoon withdrew an order that was prohibiting almost 400 men from the southern provinces from going back to their homes. Among them 384 had been released from "vocational training" in army-run camps (UG-005-2007, UP-143-2007, UP-145-2007 and AHRC-PL-048-2007). Although they were freed under orders from the courts they had been prohibited from entering the provinces of Yala, Pattani, Narathiwat and Songkhla for up to six months under the army order.

All the detainees have now returned home safely and all their family members and relatives have welcomed their arrival.

While the men who had been released was staying at the central mosque in Surat Thani, the police rearrested three of them on 3 and 4 November, taking them back into custody with an order issued by courts in Yala and Pattani, under the emergency regulations. Their relatives filed motions again to Yala provincial court and Pattani provincial court, giving the reason that the arrests were not in accordance with the emergency provisions and were outside of the courts' jurisdiction, as they were carried out in a province not under emergency rule (see UP-145-2007). The two courts released them again. The Yala court ruled that the police did not have enough evidence to keep them in custody and the one in Pattani ruled that the arrest warrant was issued based on incomplete information. The three men were released on November 9 and16 and were again taken back to the mosque in Surat Thani.

For some news and photographs of the detainees going home see Southern detainees go home.

BACKGROUND COMMENTS:
 
The emergency regulations over the southern provinces were introduced by the former prime minister to protect security officials there from prosecution. The UN Special Rapporteur on extrajudicial killings has commented that they enable army and police personnel to "get away with murder". The regulations have greatly inflamed the violence in the south since they were introduced over two years ago. They were recently renewed for the tenth time. It is thus crucial that the Thai government withdraws the Emergency Decree in the South.

For full details on the decree and violence in the south visit the campaign page.

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)

Document Type :
Urgent Appeal Update
Document ID :
UP-154-2007
Countries :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.