THAILAND
Second periodic report dated 7 April 1997
Thailand, a country of roughly sixty-one million inhabitants, borders Myanmar (Burma), Laos, Cambodia and Malaysia in South East Asia. Thailand is the only country in Southeast Asia never to be occupied by a foreign power since its founding (in 1238). The country's official language is Thai, with a variety of ethnic and regional dialects spoken as well. The population is ninety five per cent Buddhist; Islam is its most significant minority religion. Thailand's main trading partners are the United States, Japan, Singapore and Hong Kong.
Thailand has long been considered one of the more advanced developing nations in Asia, both economically and because of its commitment to developing viable democratic political institutions. With an annual per capita Gross National Product (GNP) growth rate of at least eight per cent, continuously increasing foreign investment and a thriving export market, Thailand's "tiger economy" until recently was a model for other developing nations.
The Asian financial crisis, which began in Thailand in 1997 and spread quickly to other nations in the region and throughout the world, has resulted in a depreciation of the Thai baht by over eighty percent, leaving savings accounts and salaries worth a fraction of their original value. Unemployment has risen dramatically, and even those who remain employed face wage cuts and delayed payments. The once thriving middle class is now shrinking; disparities between rich and poor have been exacerbated. Thailand quickly implemented International Monetary Fund (IMF) restructuring demands in exchange for a US $17.2 billion aid package in August 1997, and some analysts predict that it will have the fastest economic recovery in the region.1 Even so, economists are now talking in terms of a ten-year recovery cycle.
Like other nations in the Association of South East Asian Nations (ASEAN), Thailand has traditionally prioritized economic growth over developing sustainable political institutions, "believing that political values follow automatically when living standards improve."2 Thailand's economic decline has resulted in a growing concern over whether the country's social service agencies possess the necessary resources to assist the most vulnerable sectors of society. The country's recent financial problems have also fuelled an increasing fear of political and social instability, in Thailand and throughout the region.
Political History
Until 1992, Thailand's government was characterized by frequent periods of direct military rule. A civilian, parliamentary system of government had emerged briefly in the 1980s, but in a coup d'etat the military took control of the country in February 1991. Military rule ended in June 1992 after massive demonstrations in Bangkok against the regime. Parliamentary elections were held in September 1992, resulting in the present system of civilian government with a bicameral legislature based on a proportional electoral system.
Both domestic and international human rights organizations applaud the drafting process and ratification of Thailand's newest constitution, ratified in October 1997. Drafted with considerable input from nongovernmental organizations and citizens, it is the first of Thailand's sixteen constitutions to be adopted by referendum.3
The current coalition cabinet, headed by Prime Minister Chuan Leekpai, took office in November 1997 amid mixed reactions from Thai citizens. The coalition government formed when the country's then elected prime minister, Chavalit Yongchaiyudh, resigned following intense criticism and a no-confidence vote. Many welcomed Chuan's leadership, feeling that his clean reputation was a welcome change from Chavalit, who was criticized for ignoring the importance of implementing strategies to improve the economic situation, as well as failure to purge his crony-dominated cabinet. Many human rights and political activists, however, felt that forcing an elected prime minister to resign and bringing in a nonelected leader was a violation of the constitution and citizens' rights.4 Some complained that, barely a month after ratifying a constitution, the country's leaders were already undermining Thailand's tenuous democratic political institutions.5
Although limited in its power, Thailand's monarchy plays a key role in mediating conflict and fostering stability in a country that has gone through seventeen coups, sixteen constitutions and seventeen prime ministers since the current monarch, King Bhumibol Adulyadej, assumed the throne in 1951. King Bhumibol has the right to veto any parliamentary bill, but his real exercise of power is more subtle. He has been described as having "a uniquely personal relationship with the Thai people,"6 and is considered to be the sole political figure who "possesses continuous political experience and has always adhered to constitutional properties."7 Many observers maintain that the king's approach to monarchy and the confidence he has cultivated contribute to Thailand's relative stability in the midst of economic crisis.8
Labor
Although Thailand's unemployment rate is difficult to determine, government officials currently estimate that it has reached two million,9 with at least 2,000 workers losing their jobs every day.10 The International Labor Organization predicts that the unemployment rate could rise to three million, or ten percent of the labor force, by the end of 1999.11 This represents at least a three fold increase over 1997, and most economists predict that the full impact of unemployment has yet to be felt.12 Many of Thailand's wealthier citizens have supplemented their incomes by selling their cars, clothing and other personal items. For the poor, however, the possibilities are more limited.13
The Asian financial crisis has particularly affected the employability of recent college graduates. The University Affairs Ministry has said that there will be 48,000 unemployed graduates by the end of next year.14 These recent graduates, most with little job experience, cannot compete with recently unemployed, experienced white collar workers who are willing to work for a fraction of their former earnings.15
Thai legislation does provide for severance pay when workers lose their jobs, but in practice it is rarely paid.16 A new labor protection law that came into effect in August 1998 provides better protection for employees and limits daily working hours.17 The new legislation is intended to bring Thai legislation into conformity with labor standards established by the International Labor Organization (ILO).18
Reverse Migration from Thailand's Cities to Villages
Migrant workers, traditionally coming from Thailand's villages as well as from poorer Asian nations, have played a critical role in fuelling the nation's "tiger economy." Many came from villages in Northeast Thailand, where job opportunities were limited, to work in blue and white collar jobs in Bangkok and other large cities and tourist destinations. Migrant workers fuelled Thailand's growing economy; they built Bangkok's skyscrapers and high rise condominiums and assembled automobiles.
Migrant workers have been among the first to lose their jobs in the crisis, thereby making them one of the most vulnerable population sectors in the country. Having lived and worked for years in urban centers, many are now forced to return home to their villages in hope of finding work there. Of the two million unemployed workers as of September 1998, 1.3 million are said to be Thai villagers who were working in the city, at least one million of whom have already returned home.19 The result has been "a dramatic change in the traditional village-to-city migration pattern that transformed Thailand from predominantly agricultural to mainly industrial societies in one generation."20
Rural communities lack the opportunities and infrastructure to provide for villagers who have lost their jobs in the cities. Thailand's farmers have been praised for their self-sufficiency and independence from government intervention, but many relied on relatives in the cities to send back money to help with the agricultural production process. 21 Since villagers can no longer depend on steady wages from the cities, "local people [can] not follow the ivory-tower ideal of self-sufficient farming because the structure of rural farming has totally changed."22
Returning to the villages, many migrants bring with them a host of new social and medical problems, formerly confined mainly to urban areas,23 for which rural social service agencies, village families and clinics are unprepared. Oxfam, World Bank and other organizations are currently conducting research on the impact of the crisis on school dropout rates, child labor, medical problems, poverty and hunger. These initial surveys indicate that "the human aftershocks of the crisis have been underestimated."24
Of the 3,306 rural children surveyed in a recent study by the Social Research Institute at Chulalongkorn University in Bangkok, thirty percent faced a higher risk of malnutrition than they did prior to 1996.25 Robbery and gambling in rural communities have increased by twenty percent, while drug addiction has risen by about thirty percent since the onset of the crisis.26 The majority of the 5,000 families surveyed were resorting to self-medication instead of going to doctors.27 One third of the children surveyed were being forced by their families to work in other areas of the country.28 Compounding matters further, the country's social safety-net programs have barely reached rural Thailand, despite the fact that local communities have felt the effects of the crisis for over a year.29
Human Rights
Thailand's new constitution contains provisions for freedom of association, movement, assembly, speech and religion. The new constitution also calls for the establishment of a national commission on human rights, which the government plans to have in place by the end of 1999.30 It has already developed an action plan for the creation of the commission with input from academics, grassroots organizations, the media and representatives of minority groups, as well as a public hearing.31
International and Thai-based human rights groups have cited poor prison conditions as a critical human rights issue facing the country. Although the country's criminal code prohibits degrading treatment or punishment, there have been credible reports that police occasionally beat criminal suspects to force confessions.32 The government made no clear effort to investigate or prosecute the perpetrators of this violence.33
Refugees
Thailand's most critical human rights problem for the past several years has been the government's treatment of refugees along the Thai-Burmese and Thai-Cambodian borders. Because Thailand has been one of the most politically stable countries in Southeast Asia, it attracts asylum seekers from throughout the region, particularly Myanmar (Burma), Cambodia and Laos. Although the government has an official policy of providing asylum to new arrivals,34 human rights organizations criticize Thailand for deporting or refusing entry to refugees, poor conditions in refugee camps, and lack of clear, legislated protections for refugees.35
Burmese nationals constitute the highest portion of asylum seekers; Thailand has provided temporary protection to over 100,000 refugees in camps along part of the Thai-Myanmar border since 1984. Cambodian refugees have arrived following a new wave of violence starting in July 1997. Currently, an estimated 84,000 displaced Cambodians are living along the western border between the two countries.36 Complicating matters, Thailand is host to over one million illegal migrant workers, about seventy five per cent of whom are Burmese. At least 250,000 migrants, mostly Burmese, have been deported since the financial crisis began, and human rights monitoring groups assert that many of the deported migrants were refugees.37
Thailand has been criticized for deporting foreign residents without considering whether they are legitimate candidates for refugee status. Thai legislation lacks a clear definition of the term refugee. Because of the lack of effective refugee status determination procedures, the government may be deporting people with a valid claim to refugee status. According to Human Rights Watch, Thailand has rejected new arrivals at the borders, and deported individuals who have good reason to fear for their lives and safety if they were to return to Myanmar or Cambodia.38
The government also has been criticized for not devoting adequate resources to housing refugees. Human rights monitoring groups have documented the detention of asylum-seekers and refugees in harsh conditions, including overcrowding, inadequate access to medical care and the failure to protect refugee camps on the borders from raids. Detained asylum-seekers have not been given an opportunity to challenge the legality of their detention as required by international standards.39
Media
Human rights advocates worldwide have praised Thailand in recent years for its continued and deepening commitment to freedom of expression. The country's new constitution makes it illegal for the government to censor, ban, license or restrict print or broadcast media, except by specific legislation in times of crisis. Newspapers and periodicals do practice some self-censorship, particularly with regard to the monarchy and national security issues. For the most part, however, the Thai press acts as an independent voice, free to question, investigate and criticize government policies and leaders.40
Endnotes:
1 "Aaron Says Thailand Will be First to Recover," FT Asia Intelligence Wire, 18 September 1998, on-line, Nexis, 20 September 1998. back
2 "Asian Crisis--Where Will it End," FT Asia Intelligence Wire, 16 September 1998, on-line, Nexis, 18 September 1998. back
3 Suchitra Punyaratabandhu, "Thailand in 1997: Financial Crisis and Constitutional Reform," Asian Survey, February 1998, on-line, Infotrac, 15 September 1998. back
4 Michael Vatikiotis, "Democracy First," Far Eastern Economic Review, 6 November 1997, on-line, http://www.feer.com, 1 October 1998. back
5 Michael Vatikiotis, "No Quick Fix," Far Eastern Economic Review, 13 November 1997, on-line, http://feer.com, 1 October 1998. back
6 Tony Gillote, "By Serving Democracy, Monarchies are Earning a Vote of Confidence," The Worldpaper, 13 November 1998, on-line, Nexis, 3 December 1998. back
8 Economist Intelligence Unit, "Thailand" 8 October 1998, on-line, Nexis, 3 December 1998. back
9 Keith B. Richburg, "Reversal of Fortune: East Asia's Economic Crisis is Sending Newly Urbanized Workers Back to their Rural Villages without Jobs or Hope," The Vancouver Sun, 18 September 1998, on-line, Nexis, 20 September 1998. back
10 Mary Jordan, "Middle Class Plunging Back into Poverty," Washington Post, 6 September 1998, on-line, http://www.washingtonpost.com, 8 September 1998. back
11 "Asian Crisis to Cost 10 Million Jobs This Year: ILO," Japan Economic Newswire, 24 September 1998, on-line, Nexis, 23 October 1998. back
12 Xu Haijing, "Unemployment yet to be Worse in Thailand," Xinua News Agency, 08 September 1998, on-line, Northern Light search engine, northernlight.com, 20 September 1998. back
13 Samuel Grumiau, "The Hidden Face of the Crisis," Trade Union World, 9 September 1998, 6. back
14 Xu Haijing, "Unemployment yet to be Worse in Thailand," Xinua News Agency, 08 September 1998, on-line, Northern Light search engine, northernlight.com, 20 September 1998. back
15 Samuel Grumiau, "The Hidden Face of the Crisis," Trade Union World, 9 September 1998, 6. back
17 "New Labor Law Seen to Benefit Women and Children Most," Financial Times Asia Intelligence Wire, 9 June 1998, on-line, Nexis, 15 August 1998. back
19 Keith B. Richburg, "Reversal of Fortune: East Asia's Economic Crisis is Sending Newly Urbanized Workers Back to their Rural Villages without Jobs or Hope," The Vancouver Sun, 18 September 1998, on-line, Nexis, 20 September 1998. back
21 Mary Jordan, "Middle Class Plunging Back into Poverty," Washington Post, 6 September 1998, on-line, http://www.washingtonpost.com, 8 September 1998. back
22 "Researchers Claim Government's Social Safety-Net Policy is Inefficient," The Nation (Bangkok), 21 October 1998, on-line, Nexis, 22 October 1998. back
23 Keith B. Richburg, "Reversal of Fortune: East Asia's Economic Crisis is Sending Newly Urbanized Workers Back to their Rural Villages without Jobs or Hope," The Vancouver Sun, 18 September 1998, on-line, Nexis, 20 September 1998. back
24 Keith Richburg, "The Path from Boom to Bust Leads Home," Washington Post, 8 September 1998, on-line, http://www.washingtonpost.com, 15 September 1998. back
25 "Researchers Claim Government's Social Safety-Net Policy is Inefficient," The Nation (Bangkok), 21 October 1998, on-line, Nexis, 22 October 1998. back
30 "Thai Prime Minister Calls on Private Sector to Promote Human Rights," AP Worldstream, 24 October 1998, on-line, Nexis, 26 October 1998. back
32 "Thailand Country Report on Human Rights Practices for 1997," U.S. Department of State, 30 January 1998, on-line, available at www.washingtonpost. com, accessed 13 November 1998. back
35 "AI Report 1998: Thailand," Amnesty International, available at http://www.amnesty.org, accessed 7 August 1998. back
36 Marisa Chimprabha, "Thailand: Bangkok not Ready to Sign UN Convention on Refugees," Bangkok The Nation, 26 May 1998, on-line, fbis, http://wnc.fedworld.gov, 5 September 1998. back
37 Keith B. Richburg, "Reversal of Fortune: East Asia's Economic Crisis is Sending Newly Urbanized Workers Back to their Rural Villages without Jobs or Hope," The Vancouver Sun, 18 September 1998, on-line, Nexis, 20 September 1998. back
38 "Burma/Thailand--Unwanted and Unprotected: Burmese Refugees in Thailand," Human Rights Watch, October 1998, on-line, available at: http://www.hrw.org/hrw/reports98, accessed 26 October 1998. back
39 "AI Report 1998: Thailand," Amnesty International, available at http://www.amnesty.org, accessed 7 August 1998. back
40 "Thailand Country Report on Human Rights Practices for 1997," U.S. Department of State, 30 January 1998, on-line, available at www.washingtonpost. com, accessed 13 November 1998. back
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