Thank you Mr. President,
Madam High Commissioner,
Human Rights Watch strongly supports your call for an independent and impartial investigation into the recent violence in Thailand. We urge the Thai government to demonstrate its commitment to justice by using such mechanisms as the National Human Rights Commission, a parliamentary inquiry, and an independent commission specifically appointed for the inquiry that includes credible and respected, yet disparate, voices representing a broad range of the political spectrum.
Human Rights Watch emphasized that any investigation should address abuses by both sides, particularly incidents in which people were killed or wounded. It should include acts of violence by United Front for Democracy Against Dictatorship (UDD) protesters (the "red shirts") and militants affiliated with the UDD against the security forces and civilians, and the destruction of property. Attacks by either side that targeted medical personnel, emergency responders and journalists should be thoroughly investigated. An investigation also needs to examine decisions by the security forces to fire live ammunition, and other possible misuses of force by officials. The authorities should hold accountable all persons found to have committed abuses, regardless of political affiliation or rank.
In addition, Human Rights Watch calls on the investigation to closely examine the enforcement of the Internal Security Act and the Emergency Decree on Public Administration in a State of Emergency. Thai authorities have detained hundreds of UDD protesters before, during, and after the dispersal operations on May 19. The government should provide a comprehensive accounting of all persons being held under the Emergency Decree, promptly charge those found to have committed crimes, and immediately release all others. We also condemn the statement by the director-general of the Department of Special Investigations, warning that undefined "terrorist acts" could be punished with death.
Human Rights Watch urges Thailand to rescind its broad restrictions on the right to freedom of expression. Thai authorities have used emergency powers to shut down more than 400 websites, a satellite television station, online television channels, and community radio stations, most of which are considered closely aligned with the UDD. This broad-brush and indefinite clampdown on the media violates Thailand's obligations to respect media freedom and freedom of expression, and should be lifted immediately.
We call on Thailand, as a newly elected member of the Human Rights Council, to be open to engaging with the council's reporting systems. Thailand should immediately respond to the standing request from the Working Group on Arbitrary Detention and the special rapporteur for freedom of opinion and expression and invite both to visit Thailand within the next three months.
Human Rights Watch strongly supports the High Commissioner's call for the creation of an independent international accountability mechanism for violations of international law during the internal armed conflict in Sri Lanka, which ended last year.
Last May in Colombo, President Mahinda Rajapaksa promised Secretary-General Ban Ki-moon that the government would investigate wartime abuses. Since then, the Sri Lankan government has not undertaken any meaningful steps to investigate serious and well-founded allegations of abuses, despite new evidence of atrocities during the fighting.
The Lessons Learnt and Reconciliation Commission, which President Rajapaksa established on May 15, 2010, falls far short of what is necessary to ensure accountability. The commission's mandate - focusing on the failure of the 2002 ceasefire - is very limited and does not explicitly allow an investigation into alleged violations of international law. The terms of reference do not provide for victims and witness protection program. The commission will not hold proceedings in public, raising questions about the transparency of the commission's work. And there are concerns about whether the commission will be impartial and independent. For instance the chairman of the commission, a former attorney general, came under serious criticism for his office's alleged interference in the work of the country's 2006 Presidential Commission of Inquiry.
Human Rights Watch is deeply concerned that at least 10 and possibly more participants in an aid flotilla bringing humanitarian assistance to the Gaza Strip were killed, and dozens more wounded, when Israeli commandos boarded the ships overnight and may have met resistance. The Israeli government should conduct a full, credible and impartial investigation into the incident and anyone found responsible for the unlawful or excessive use of force should be brought to justice. The almost total blockade of desperately needed humanitarian assistance to Gaza amounts to the collective punishment of the people of Gaza and is inconsistent with Israel's international obligations. The impunity for violations committed by all sides to the conflict in Gaza must end, including Israel's inadequate efforts to investigate and punish violations committed during the 2008-2009 Gaza fighting and Hamas's failure to conduct any such investigations or prosecutions.
