UN HUMAN RIGHTS IN THE FIELD
UN HUMAN RIGHTS IN THE FIELD
A4 – Thailand: Victims groups are better
organized and are aware of their rights
to truth, justice and reparations. Law enforcement agencies are more transparent
in their functioning.
allowed them to have access to lawyers
and their families.
The Office facilitated meaningful participation and improved awareness of
rights-holders about their rights to truth,
justice and reparations by advocating
with relevant government authorities, accompanying the families of victims and
building the capacity of victims to access
complaints mechanisms.
PS3 – Relevant intergovernmental fora,
processes and mechanisms, including
the Human Rights Council, UN General
Assembly and Security Council, integrate
human rights concerns when they address situations of conflict and insecurity
in the subregion.
To enhance the awareness of law enforcement officials on the right to truth of the
families of victims and the right to access
to a lawyer and communication with a
family member, OHCHR was in close contact with the spokesperson and military
officials from the law enforcement department of the National Council for Peace
and Order. The Office also sent 10 official
letters to the Ministry of Foreign Affairs
(MOFA) during the year to raise concerns
about arbitrary arrests, detentions, incommunicado detentions, deportations and
the resumption of the death penalty. The
Office issued two public statements, in
February and June, regarding arbitrary
arrests and the resumption of the death
penalty and called for the right to information and the right to truth of the families
of victims. OHCHR accompanied two
families of victims to four meetings with
the Ministry of Justice’s DSI, the Office of
Public Sector Anti-Corruption Commission
and the Attorney General’s Office. As a
result of this continued engagement,
the DSI agreed to investigate the case
of a disappeared human rights defender
and provided witness protection for the
member of a victim’s family. In addition,
the authorities took steps to ensure the
rights to information and participation of
the two families by appointing a liaison officer. Moreover, in cases of arbitrary arrest
and detention of victims, the authorities
272 UN HUMAN RIGHTS REPORT 2018
Peace and Security (PS)
The Office helped to integrate international human rights norms and standards
into dialogue related to the conflict in
Indonesia and Thailand by strengthening the capacity of government, NHRIs
and civil society to engage with the international human rights mechanisms and
facilitate dialogue between these entities
at the national level.
In Indonesia, the Office helped to
strengthen the capacity of local civil society organizations in Papua and Maluka to
better monitor, document and report on
human rights violations. As a result, civil
society partners submitted information to
the Working Group on business and human rights, representing an important step
forward in engagement that supports their
advocacy.
In Thailand, the Office contributed to increasing the integration of human rights
into the work of government officials, including the military. In January, OHCHR
proposed a methodology for facilitating constructive dialogue between civil
society with the MOFA and the Internal
Security Operations Command (Region
4) in the Southern Border Provinces. The
recommendation was accepted by MOFA,
which continued organizing monthly
meetings with civil society organizations
to discuss human rights concerns. The
NHRCT increased its capacity to independently raise human rights issues in the
Southern Border Provinces and monitor
places of detention inside military barracks. It also increased its coordination
with the international human rights mechanisms through the Human Rights School
that was organized by the Office in May
and September.
PS5 – UN country policies and programmes, including UN Development
Assistance Frameworks (UNDAFs), successfully integrate international human
rights norms, standards and principles,
including the recommendations made by
international human rights mechanisms.
OHCHR provided systematic support
and contributed analysis and data on human rights issues to RCs and UNCTs in
Indonesia, Malaysia, Myanmar, Thailand
and Viet Nam in order to integrate international human rights norms and standards
into their work. The use of evidence-based
human rights analysis was strengthened
in UNCTs across the region for programmatic and policy interventions.
In addition, the Office strengthened the
capacity of UNCTs to undertake specific evidence-based political and human
rights analysis for advocacy purposes.
During the reporting period, analysis was
completed on regional legislation related
to “fake news” and its human rights impact
in the region, early warning analysis on
the National Registration of Citizenship
(Assam-India) and the rapid analysis of
human rights concerns related to the
enactment of the Cyber Security Law
(Viet Nam). OHCHR’s remote monitoring
of protests in Viet Nam, in June, and of
the student protests in Bangladesh, in
August, provided important information
to determine appropriate engagement
and advocacy efforts.
Development (D)
D3 – In the subregion, relevant ministries,
departments and parliamentary committees incorporate human rights standards
and frameworks when they fulfil their mandates on land, housing and poverty; they
give due attention to gender concerns.
The Office contributed to improving
the level of compliance of housing and
business legislation and policies with
international human rights norms and
standards by producing regional mapping studies, monitoring human rights
violations and supporting civil society engagement.
In 2018, on the occasion of the visit to
Indonesia of the High Commissioner for
Human Rights and the Special Rapporteur
on the right to food, the Office strengthened engagement and advocacy with the
government on land and housing rights
together with national institutions and civil society. Emblematic cases were raised
regarding various rights related to the environment, land, the extractive industries,
energy and infrastructure projects. This
enhanced the engagement of Indonesian
civil society with the UN Human Rights
mechanisms and deepened OHCHR’s
network with civil society.
In Thailand, the Office continued monitoring strategic lawsuits that were filed
against human rights defenders related to
business and human rights cases. OHCHR
observed four such legal proceedings
and trial sessions, between February and
July, and the Criminal Court dismissed at
least one of these cases. In November, the
National Legislative Assembly approved,
in principle, the adoption of an amendment of the Criminal Code that would
enable judges to dismiss cases that were
filed by companies against communities
affected by their activities.
During the reporting period, OHCHR organized a series of meetings with the Thai
Government, the NHRCT, the Ministry of
Justice and civil society organizations to
discuss the drafting process of the Thai
National Action Plan on business and
human rights. Through the meetings,
OHCHR worked with all stakeholders
to ensure that the draft was in line with
international human rights standards, including the recommendations issued by
the Working Group on business and human rights and the UN General Principles
on business and human rights.
D5 – Laws and policies on the environment, climate change, extractive
industries and urban planning comply
with international human rights standards
and the UN Framework Convention on
Climate Change. National institutions
and civil society organizations act to ensure that rights-holders can participate in
decision-making processes on the environment and climate change and engage
with duty-bearers and the private sector
on these issues.
As a result of interventions undertaken
by the Office, progress has been noted
with regards to environmental and climate policies and plans to protect and
fulfil international human rights norms
and standards.
At the regional level, OHCHR initiated its
engagement on climate change and human rights by broadening its partnerships
with regional and national counterparts
and by identifying partnerships and synergies with other UN actors, NHRIs and civil
society. The Office supported a regional
workshop that brought together NHRIs
from Asia and the Pacific. Participants
discussed the impact of large-scale development projects on marginalized
communities, including from the perspective of climate change. As a result, in 2019
UN HUMAN RIGHTS REPORT 2018 273
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