Commentary

HAS OUR CONSCIENCE GONE TO SLEEP?

The prime minister has decided to speak again. That's good. We cannot have
a dumb prime minister. But perhaps before he speaks he should reread the
constitution, specifically chapter 6 (The National Assembly), part 8 (The
National Human Rights Commission), sections 199 and 200. They read, in
part, as follows:

"The National Human Rights Commission (NHRC) consists of a President and 10
other members, appointed by the King with the advice of the Senate, from
the persons having apparent knowledge and experience in the protection of
rights and liberties of the people, having regard also to the participation
of representatives from private organisations in the field of human rights...

"The qualifications, prohibitions, selection, election, removal and
determination of the remuneration of members of the NHRC shall be as
provided by law...

"The NHRC has the powers and duties as follows:

"(1) To examine and report the commission or omission of acts which violate
human rights or which do not comply with obligations under international
treaties to which Thailand is a party, and propose appropriate remedial
measures to the person or agency committing or omitting such actions for
taking action. In the case where it appears that no action has been taken
as proposed, the Commission shall report to the National Assembly for
further proceedings;

"(2) To propose to the National Assembly and the Council of Ministers
policies and recommendations with regard to the revision of laws, rules or
regulations for the purpose of promoting and protecting human rights;

"(3) To promote education, research and the dissemination of knowledge on
human rights;

"(4) To promote cooperation and coordination among Government agencies,
private organisations, and other organisations in the field of human rights;

"(5) To prepare an annual report for the appraisal of situations in the
sphere of human rights in the country and submit it to the National Assembly;

"(6) Other powers and duties as provided by law.

"In the performance of duties, the NHRC shall also have regard to the
interests of the country and the public.

"The NHRC has the power to demand relevant documents or evidence from any
person or summon any person to give statements of fact including other
powers for the purpose of performing its duties as provided by law."

The similarities between US President Bush's war on Iraq and the prime
minister's war on drugs are too close for comfort. Everybody agrees the
Iraqi leader is a bad guy. Everybody agrees Thailand has a major drug
problem. But just as Mr Bush appears willing and eager to defy
international law, to go to war with Iraq without the moral and legal
backing of the United Nation's Security Council, Prime Minister Thaksin
Shinawatra appears willing to carry his war on drugs beyond the rule of law.

I support the prime minister's war on drugs. Previous governments have
ignored the pernicious impact of drugs which flow into Thailand from across
our borders, primarily from Burma. But even a war, at least in theory, can
be conducted according to the rule of law. There should be no short cuts
allowed. It is possible that as many as 1,600 Thais have died over the last
six weeks, gunned down by who knows who. Each one of these deaths must be
investigated and each report made public.

Our constitution is quite clear about this. Sections 31, 32 and 33
guarantee the right to liberty and life, prohibit cruel or inhumane
punishment, and declare that a suspect is presumed innocent until proven
guilty in a court of law.

If the government ignores our constitutional rights then independent public
agencies such as the NHRC have a duty to intervene quickly and firmly.

- - Kanjana Spindler is Assistant Editor, Editorial Pages, Bangkok Post.