Universal Declaration of Human Rights Article 8
“It is important that the government provide more
incentives to attract qualified people to the justice system”
Commentary
Professor Vitit Muntarbhorn
42
Dignity and Justice for All of Us
Professor Vitit Muntarbhorn, a leading human
rights academic in Thailand, points out that
the case of Mr. Somchai Neelapaijit has
received a lot of interest from both domestic
and international organizations because it
concerns the violation of the rights of a
human rights defender. He offers three points
that could be drawn from this case. First, the
quality of government officials is a crucial
measure to prevent such misconduct.
Therefore, it is important that the government
provide more incentives to attract qualified
people to the justice system. Second,
Mr. Neelapaijit’s case points to a possible use
of extrajudicial means, hence the violation of
rights. Government officials must abide by the
rule of law at all times. Third, once an act of
violation has occurred, judicial responses at
the national level may lead to various
remedial measures, but these measures are
still perceived as inadequate to provide justice
where it is due. In cases where the
government fails to give effective remediation
to the victims, the United Nations
mechanism(s) could be taken into
consideration. Everyone has the right to
approach the United Nations for help if the
domestic-level remedies available to them are
insufficient to protect their human rights. Mr.
Neelapaijit’s case has been submitted for
consideration by the United Nations Working
Group on Enforced or Involuntary
Disappearances, which is in the process of
discussing the case with the Royal Thai
Government.
At present, Thai society is paying more
attention to victims whose rights are violated
by the State authorities, he says. Monetary
compensation is the common method that
the government uses, but justice is what the
victims need. According to Professor
Muntarbhorn, Thailand should become a
party to the Convention of the Protection of
All Persons from Enforced Disappearance, an
instrument which permits the United Nations
to monitor such cases. Such membership
would require that the government prepare
periodic reports to be submitted to the
United Nations regarding this problem. This
could be a first step towards establishing a
preventive mechanism against the violation
of the rights of people, especially of human
rights defenders.