Page 15 - Dignity and justice for all of us our voices are heard in Thailand
P. 15
more on the decision of the State. Communities lost control over the management of their natural resources, and their livelihood base
began to deteriorate. The concept of ‘community rights’ originated against this critical background. It highlights the fact that each
individual right is a part of and is dependable on the sustainability and the security of the community as a whole. We have so far seen
increasing demands to recognize such rights in this ‘third generation’.
The most recent serious development in support of the community rights concept occurred two years ago, when the United Nations
General Assembly adopted the Declaration on the Rights of Indigenous Peoples. Although the term ‘community rights’ is not
mentioned specifically, this Declaration aims to address the needs of indigenous peoples whose livelihoods closely depend on natural
resources. It refers, for example, to “the right to development in accordance with human needs and benefits”. This is precisely what the
communities across Thailand and in many other countries are calling for.
The Declaration on the Rights of Indigenous Peoples is a significant step forward for the global ‘human rights regime’. It also reminds us
that one of the challenges we should consider on the occasion of the 60th anniversary of the Universal Declaration of Human Rights is
how to better promote community rights – “the third generation of rights” – to be responsive to human and social predicaments.
These needs are constantly reflected in the voices presented throughout this publication, and which resonated vividly in the public
forum organized by the United Nations and the National Human Rights Commission in different regions of Thailand this year.
In Thailand, community rights are well recognized in the 1997 and 2007 constitutions. However, the application and enforcement of
community rights remain inadequate. The enjoyment of any kind of rights depends largely on the strength of the rightholders.
Community rights, likewise, will remain only a concept with no practical application unless communities are empowered to fully
exercise their rights. This is one of the priorities of the work of the National Human Rights Commission of Thailand.
Individuals and institutions at all levels have the obligation to ensure that all these different strands of human rights are integral and
respected. They should not be considered separately. It is important for us to realize that human rights depend on differing contexts
and circumstances, and thereby face different challenges and limitations in different countries.
The 60th anniversary of the Universal Declaration of Human Rights should be an opportunity for us to reflect on these different and
changing environments. This will allow us to pursue ways and means to strengthen the endorsement, protection and promotion of
these freedoms, enabling people to look after their own rights as they deem appropriate in varying contexts and circumstances.
Our Voices are Heard in Thailand 3