Exploring the impact and significance of National Youth Day in Thailand.
Thailand celebrates National Youth Day on September 20. It is an opportune moment to reflect on Thailand's commitments and refusals concerning children's rights within the international arena. Thailand's responsibilities towards children as outlined in the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Rights of the Child (CRC), both of which Thailand has formally endorsed. The freedom of expression is clearly safeguarded in both the ICCPR and CRC.
ICCPR's Article 19 explicitly upholds freedom of expression, encompassing the "right to seek, receive, and share information and ideas, regardless of borders, through spoken or written word, artistic expression, or any chosen medium." Article 21 of the ICCPR also acknowledges the right to peaceful assembly, with restrictions allowable only under specific and stringent conditions. Likewise, CRC extends the protection of these rights to children when they exercise them.
During its 3rd Universal Periodic Review that was held in November 2021 in Geneva, Thailand received a grand total of 278 recommendations from fellow Member States within the Human Rights Council. While Thailand did endorse certain recommendations related to children's rights, it declined to support those concerning the criminalization of children's exercise of freedom of expression.
Thailand's rejection of suggestions related to children's freedom of expression, particularly in the context of Section 112 of the Criminal Code, aligns with the broader trend of the country's reluctance to endorse 19 recommendations about the rights of freedom of expression, peaceful assembly, and association. As an illustration, Thailand declined to endorse Norway's suggestion urging the protection of individuals, including political opponents, from judicial harassment. Additionally, Thailand did not back Austria's recommendation, which urged the safeguarding of the rights to freedom of expression and assembly, and the cessation of targeting civilians engaged in peaceful protests with criminal charges carrying excessive prison sentences. Furthermore, recommendations calling for a review or revision of Section 112 of the Criminal Code and other laws limiting free speech similarly did not receive Thailand's support.
In its address to the Human Rights Council on September 13, 2022, Thailand emphasized its dedication to upholding international commitments, including the ICCPR. Thailand also highlighted that the Thai constitution ensures the right to freedom of expression and assembly. However, it emphasized that the exercise of these rights must remain within the confines of the law and not encroach upon the rights of others.
As of September 20, 2022, a minimum of 283 children have faced charges and/or legal proceedings due to their political expressions. Among them, seventeen children have been subjected to charges and/or legal actions under Section 112. Furthermore, during the period from January 1 to September 15, 2022, at least 35 children experienced harassment by the authorities. It's important to note that these figures reflect only cases that TLHR has actively monitored. As Thailand commemorates National Youth Day on September 20, 2022, we must remain mindful of the challenges faced by these children.
While many people are gearing up for the forthcoming election, children particularly those who initially exercised their right to freedom of expression until they became targets of state actions continue to face criminal charges and extrajudicial harassment. It's worth noting that these children still lack the right to vote in the upcoming election. They will remain subject to such harassment unless and until the "adults" recognize that this approach is not a viable solution to address the political awareness and expression of these young individuals. Our children deserve better treatment for their bravery and contributions to the advancement of democracy in Thailand.
