Page 73 - Dignity and justice for all of us our voices are heard in Thailand
P. 73

Article 13








                            “Thailand should have a judicial system that provides justice
                           and protects its people based on its international obligations”



                           Commentary

                                                                                                               Mr. Somchai Homla-or
                           Mr. Somchai Homla-or, an experienced human   is ‘narrow-minded’, as the Universal Declaration
                           rights lawyer, comments on the rights to     applies to all human beings and, in accordance
                           movement and change of place of residence that   with human rights ideology, the above are
                           affect three main groups of people in Thailand:   considered natural rights. Documents or
                           stateless people who have missed being       conventions, both national and international,
                           documented under the civil registration survey   should only serve as affirmation of these rights.
                           and those who are known as ‘people with coloured
                           IDs’ (such as the hill tribes or ethnic groups in the   In his view, Article 13 of the Universal Declaration,
                           north of Thailand, or Thai displaced persons in the   which states that persons have the right to choose
                           south); cross-border labourers from neighbouring   their place of residence and the right to
                           countries and countries in South Asia (the majority   movement, covers the rights of these people.
                           of whom are illegal immigrants, although some   These are not absolute rights, but are sensible and
                           have legal work permits and identification cards);   reasonable conditions and limitations based on the
                           and lastly, refugees, who in Thailand are called   needs of the state. These are different from rights
                           ‘displaced persons fleeing from civil strife’ and who   regarding religious beliefs and some other rights
                           live along the borders, including students from   which are fundamental, absolute rights which
                           Myanmar, and people who have been registered as   cannot be abused. The question Mr. Homla-or
                           camp residents and recognized as refugees. These   raises is whether the rights of these people are
                           three groups, combined with unregistered groups,   sensibly and reasonably balanced on the basis of
                           could account for millions of people.        the needs of the state.

                           These people do not have the rights and liberties   Mr. Homla-or believes that the rights of these
                           of Thai nationals, as they are not considered   people are unreasonably limited. For example, the
                           citizens. This interpretation, in Mr. Homla-or’s view,   fact that they are forbidden to leave the province



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