A COMPARISON OF THE ROLE OF HUMAN RIGHTS COMMISSIONS IN THE PREVENTION AND SUPPRESSION OF TORTURE AND ENFORCED DISAPPEARANCES IN THAILAND AND THE PHILIPPINES

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Jirasek Inthanin
Suntaree Buchitchon

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Abstract


         This study examines the roles and responsibilities of Thailand’s National Human Rights Commission and the Philippines’ Commission on Human Rights in preventing and addressing torture and enforced disappearances. Conducted as qualitative research, the study employs a document-based analysis that focuses on constitutional provisions, legislative frameworks, and international human rights conventions, including the Paris Principles, the Convention Against Torture, and the International Convention for the Protection of All Persons from Enforced Disappearance. By adopting a comparative approach, the research evaluates the effectiveness of each institution in fulfilling            its mandate within the context of international human rights standards.


         The findings indicate significant operational differences between the two commissions. The Commission on Human Rights of the Philippines plays a more active and dynamic role, with powers to conduct investigations, initiate legal proceedings, and carry out unannounced inspections of detention facilities. In contrast, the National Human Rights Commission of Thailand primarily acts as an advisory body, with its activities limited to reporting violations and promoting human rights awareness. The Philippine commission also offers extensive legal assistance and support to victims, ensuring alignment with global human rights expectations. These findings emphasize the need for Thailand to amend its legal framework to empower its human rights commission with broader authority, including direct action and comprehensive investigative powers. Strengthening Thailand’s commission in this way would enhance its ability to protect human rights, meet its obligations under international conventions, and provide adequate support to victims of torture and enforced disappearances.

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References

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