Address to the UDD: The Future Belongs to You!
ADDRESS TO THE UDD
Prepared remarks by ROBERT AMSTERDAM
BANGKOK, THAILAND
FEBRUARY 13, 2011
Dear Friends,
Thank you so much for the opportunity to speak to you today. It has been the honor of a lifetime to work with you over these past months. It is truly amazing to see that despite all the injustice, the violence, and the slander you have suffered, so many of you still have such faith in the rule of law. As you fight to bring freedom, justice, and democracy to Thailand, I am honored to take this journey with you. I am honored to work with you to bring down a regime that tries to murder, imprison, and censor its way out of heeding the people's cries for democracy. I am honored to work with you to take down a government that finds it easier to kill children, nurses, and journalists than to accept the result of an election. I am honored to work with you to tear down an ideology that celebrates injustice, impunity, and inequality, or knock down a system that puts the worst, most evil men in power and has the audacity to call them "good."
I am overwhelmed by the trust and faith you have placed in me, when I am only a lawyer. I would love to be able to promise you the success of every initiative we undertake on your behalf. But all I can promise you is this. So long as this government is in office, we will fight it every step of the way. So long as this regime is in power, we will stop at nothing to expose the crimes, the lies, and the injustices upon which its power is based. So long as the international community chooses to ignore the reality in Thailand, we will do everything in our power to remind the entire world that the Thai people also want democracy, that the Thai people also love freedom, and that the Thai people also have "universal rights."
Since my press conference in Japan, there has been much debate about the ICC application and the motives for bringing this forward.
We brought the application for a number of reasons. Firstly, I personally witnessed the horrors in Bangkok last May and was determined to record the carnage. I have been convinced for many years that recording the details of injustice ends injustice. In my work in Russia I have lost friends and seen evildoers go free. And I literally cannot exist in a world where evil goes free.
Our team understands very clearly that getting the ICC to act on our application is extremely difficult, as the ICC remains consumed by a series of cases where literally millions died.
Then last March the ICC issued the Kenya decision. The Kenya case did not involve a war, but rather a civil disturbance caused by post-election violence. Approximately 1200 died and the violence took place over weeks and not months. The judge who dissented against this case visited Bangkok recently.
The Kenya case helped our odds somewhat, but the fact remained that Thailand is not a signatory to the Treaty. I was in a group of Thais talking about this when one of them asked me if it helped if Mark Abhisit was British. The rest as they say is history. As of today, Mark Abhisit has failed to provide evidence that he has renounced his British citizenship, which he acquired at birth, confirming our contention that he has always been, and still is, a citizen of the United Kingdom. From everything we have seen, Mark Abhisit is subject to the jurisdiction of the ICC, as the ICC can prosecute nationals of states that signed the Treaty regardless of where the crimes took place.
Still, despite the fact that we have clearly established both the jurisdiction of the ICC and the admissibility of the Thai situation, it must be acknowledged that the odds that the case will be taken up by the ICC are low. In the event that our case is rejected, however, we can amass more evidence and re-file. AND WE WILL.
With or without the help of the ICC, we will continue to seek ways to end impunity and get justice for the victims of state violence.
Secondly, our team acts on behalf of the 19 men, the leaders of the Red Shirt movement, who are currently in prison and on trial on terrorism charges. They are completely innocent of these ridiculous charges, and yet they are being deprived of the right to mount a real defense in court. To save their lives, it is critical to document who the real terrorists are. The real terrorists are the people who ordered civilians to be killed in cold blood. We know who they are and we know where they are. Thanks to our application, now so does the rest of the world.
Thirdly our role is to shine a light on impunity which is why we set up the accountability website which can be found at www.thaiaccountability.org. Recently I flew to Geneva to act as counsel in a case brought before the Inter-Parliamentary Union by Dr. Wiboon. Dr Wiboon had done a great deal of work to demonstrate the core illegality of banning 215 Thai politicians for 5 years and disbanding four political parties based on dubious theories of collective guilt that the junta imposed in the 2007 Constitution at section 237. I am very pleased to inform you that on Friday Thai authorities were notified that the IPU will commence further inquiries concerning Dr. Wiboon"s filing.
Fourthly, this week we will commence a campaign to throw the Thai Democratic Party out of an organization called the Liberal International. Not just because they sponsor internet censorship or tow refugees out to sea, but because they cover up crimes against humanity.
Are these actions anti-Thai. No they are pro-Thai—they are just anti-Mark Abhisit, anti-Prayuth and anti-impunity. Every core elite fights to protect their own impunity. They use nationalism to do it. In the United States it's such a common tactic that they have a name for it—they call it wrapping yourself in the flag. Some countries have even been known to stage a war to divert attention from political scandals. It's so common they made a movie out of it called wag the dog. Dustin Hoffman was the lead actor. I believe we should send him footage from last week's border skirmishes.
The fact is that Thailand can only benefit from establishing a reputation as a country that upholds the rule of law no matter how difficult and painful that may be. And while granting state officials impunity in the name of "reconciliation" and "forgiveness" guarantees that the same tragedy will happen over and over again, it is only by coming to terms with the truth that the country can move forward as a unified, peaceful nation.
Now as to all these personal attacks against Robert Amsterdam launched by the government and the "news outlets" that function like the government's press agencies. Their agenda is to attack me personally and avoid addressing the work I do on your behalf, which they have no argument and no evidence to challenge. Over the past few months, we have produced hundreds of pages of material and evidence against the government in our White Paper, two submissions to the ICC, submissions to the IPU and the Liberal International, and dozens of blog posts. The government or the "ammart" press have failed to rebut a single fact contained in this documentation. That is for good reason— the facts are not on their side.
There has been a lot of talk lately in Thailand about reform and "reconciliation." As a lawyer with experience in countries where the rule of law is weak, I have a few suggestions about reforms that can help push the country in the direction of a lasting peace and democratic, constitutional rule.
"Reconciliation" requires first and foremost the strengthening of civilian power against the military and the "ammart." To this end, steps must be taken to: a) Bring the armed forces under civilian control; b) Enhance/modernize the democratic, representative institutions of the State; and c) Expand avenues for citizen participation in the democratic process;
Every constitution in Thailand has vested sovereign power in the people, but the reality has rarely matched the idea of popular sovereignty enshrined in the constitution. Popular sovereignty can only be made effective through a combination of: a) The reform of all three branches of government; b) The full realization of their independence and separation; and c) The removal of the overriding influence presently exercised by the armed forces, the civilian bureaucracy, and moneyed interests over the government.
The three branches of government must be repurposed in such a way as to make the priority of each to guarantee, for all inhabitants of Thailand, life, freedom, justice, security, peace, and the full development of the individual— and not, as it is now the case, the enforcement of an ideology that requires the systematic violation of each of these principles to protect the power and privilege of a small minority.
First, legislative authority must belong to the Thai National Assembly, both chambers of which must be composed of deputies elected directly by the people through universal and secret vote. The National Assembly should provide the broadest possible representation to the diverse interests in Thai society; such interests must be routinely reconciled/harmonized not through a false sense of "unity" imposed from above, but rather through pluralist competition, constructive debate, and compromise.
Second, one of the Thai State's major structural weaknesses is the faulty and discriminatory administration of justice. Antiquated legal practices, slow proceedings, and lack of supervision of officials of the judicial branch breed corruption and inefficiency. Moreover, the judicial branch suffers from extreme politicization, reflected in the consistent application of "double standards" in criminal proceedings as well as in the rulings of the Constitutional Court. The reform and modernization of the administration of justice should be geared towards preventing the judiciary from producing or covering up a system of impunity and corruption and guaranteeing the courts' impartiality/objectivity and equality before the law.
Third, the executive branch must commit to a new definition of "security." Security is not just the protection against external armed threats or threats to the public order. The security of the citizens and the state cannot be guaranteed unless the people of Thailand exercise the full range their political, economic, social and cultural rights. Social and economic inequality, poverty, discrimination, and corruption, among others, are a direct threat to democracy and peace.
In the interest of guaranteeing the population the appropriate measure of economic security, and of promoting the full realization of the potential of communities and individuals, Thailand must give legal sanction to social and cultural rights – among them, the right to education, the right to housing, the right to health, the right to equal pay for equal work, the right to a just remuneration, the right to rest and leisure, the right to form and to join trade unions, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other circumstances beyond his control. In accordance with the Universal Declaration on Human Rights, "motherhood and childhood" must be entitled to special care and assistance. Women must also be guaranteed a full range of reproductive rights.
The government must undertake any and all measures in its power to guarantee the effectiveness of these rights and their equal enjoyment by all members of society regardless of gender, ethnic background, or linguistic/cultural heritage. To this end, a welfare state providing the people of Thailand with essential services in fulfillment of their social and economic rights must be instituted, financed by a system of progressive taxation where the wealthy pay the largest share.
In matters of public security, more must be done to balance the collective right to safety against the civil and political rights of the population. To this end, the 2008 Internal Security Act must be repealed in its entirety. In addition, the 2005 Emergency Decree must be comprehensively reformed, such that it is brought in line with the requirements spelled out in the International Covenant on Civil and Political Rights, which limits the suspension of constitutional rights to instances when a public emergency "threatens the life of the nation." In Thailand, the state of emergency is only enforced when demonstrations "threaten the power of the ammart."
A new role and a new system of training must be formulated for the armed forces, such that the military never again turns its guns on the people and learns to respect human rights and the constitution more than the power of the generals. And the police must be modernized and transformed into a professional force – one that is properly trained in crowd control methods consistent with human rights standards and is respected by the population it is supposed to "protect and serve."
The strengthening of civilian power, moreover, requires that the ability of citizens to participate in society be enhanced, both by providing increased opportunities for citizen participation and by building up the people's capacity to participate in the democratic process regardless of economic background or social status.
In the interest of allowing the people of Thailand to fully express their opinions, and to have access to the widest possible range information about any social, political, economic, and cultural issues, the restrictions on freedom of speech currently in place must be lifted. All of them.
The renewed emphasis placed on active popular participation also requires a comprehensive reform of Thailand's educational system, such that its primary goal is not ideological conformity, but the development of the citizenry's full potential, individuality, and political efficacy.
With a view to facilitating community participation, reforms must be enacted to decentralize the government and thereby enhance the relationship between the State and the people. Not only should provincial and municipal governments be strengthened and empowered; provincial governors must no longer be imposed by the Ministry of Interior in Bangkok, but elected directly by the people they serve.
Finally, a sustainable peace can only be built on a foundation of justice — "understood as meaning accountability and fairness in the protection and vindication of rights, and the prevention and redress of wrongs." The United Nations' new guidelines on impunity moreover, establish not only a society's "inalienable right to the truth" and the victims' "right to know," but also specifically speaks to the "right to justice," which requires states to ensure "that those responsible for serious crimes under international law are prosecuted, tried and duly punished."
In Thailand as anywhere else, dealing with the past and administering justice for systemic abuses is the only basis upon which a prosperous, peaceful future can be built. As part of the reconciliation efforts, a real "Truth and Reconciliation Commission" – perhaps based on the South African model – must be instituted. The focus of the commission should not only be on the most recent episodes of state violence, but also on previous incidents such as the 1973, 1976, and 1992 massacres, which have so far gone unpunished.
A key aspect of our report to the ICC was the proof we put forward of the shameful government plans to murder your leaders and cover up its crimes to prevent the army and the civilian leadership from ever being brought to justice. One further way to attack this system of impunity is a letter writing campaign to the US Embassy with the words "We Count TOO." The US cannot support the protesters in Tahir Square and continue to legitimise a murderous Thai junta.
I want to state once again how privileged I feel to represent the Red Shirt Movement. It is staggering to me the faith you have placed in the rule of law as an instrument with which to further your legitimate grievances. It is difficult to contrast your sincere desire for reconciliation and justice with the military and the government's attempt to slander this movement and its leadership as violent or even "terrorist."
Let's not let the "ammart" get away with murder again— not this time. Let's end impunity— once and for all. Let's not allow Prayuth and the Army to control the future of Thailand. The future belongs to you!
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