The Day to Celebrate Democracy: Part 2

Part II

This morning, December 10th 2008, five days after the Bangkok International Airports were given back by the PAD, I came across a noteworthy article during my usual morning coffee and I would wish to share with all of you. December 10th has another importance; it is the day of the Universal Declaration of Human Rights since 1948. Since the PAD started its long-winding protest, we all had heard of the phase ‘freedom of assembly/association’, stated in our newly revises Constitution. The following paragraphs, I would have to honour to share a piece of writing by Professor Vitit Muntarbhorn, a Professor of Law at Chulalongkorn University and a Special Rapporteur of the UN, on Thailand current situation, respect of human right, individual freedom, and pluralistic culture on the country.


"(First) there is the key challenge of the linkage between human rights and democracy. That nexus implies that the rights of the majority must be respected, while not overlooking the rights of minorities. While democracy involves more than the electoral process based on rule by the majority, rule by the majority is internationally the rule and not the exception.

The position adopted by some sectors of society that the majority should be sidelined because they are seen as less educated, from a lower economic stratum, and/or from a different geographical area, is contrary to human rights law and international practice.

While some rights such as the right not to be tortured are absolute and cannot by constrained under any circumstances, other rights, including the right to freedom of association/assembly, can be subjected to various limitations. The international human right to demonstrate must be exercised peacefully and it can be constrained, on the basis of the law (and not arbitrarily), when it is necessary to do so, the limitations being proportional top the risk, to be tested against the backdrop of what is permissible in a democratic society. These parameters indicate that while people have a right to be on the streets to demonstrate, they are not entitled to take over key facilities which are the lifeline of the local and international communities.

…December 10 thus provides key opportunity for much needed soul-searching in relation to our values, knowledge-base, attitude and behaviour and our commitment to democracy, peace and human rights”






Happy Democracy Day.





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Reference


Bangkok Post 'Human Rights During Times of Turmol" December 10, 2008