*Adopted by the Committee at its sixty-seventh session (3-21 July 2017).

Concluding observations on the combined sixth and seventh periodic reports of Thailand *

1.The Committee considered the combined sixth and seventh periodic reports of Thailand (CEDAW/C/THA/6-7) at its 1504th and 1505th meetings (see CEDAW/C/SR.1504 and CEDAW/C/SR.1505), held on 5 July 2017. The Committee’s list of issues and questions are contained in CEDAW/C/THA/Q/6-7 and the responses of Thailand are contained in CEDAW/C/THA/Q/6-7/Add.1.

A.Introduction

2.The Committee appreciates the submission by the State party of its combined sixth and seventh periodic reports, but regrets the delay of five years. It also appreciates the State party’s written replies to the list of issues and questions raised by the pre-sessional working group. It welcomes the opportunity to renew its dialogue with the State party, after the 11 years since the previous constructive dialogue, and expresses appreciation for the oral presentation by the delegation and the additional clarification provided in response to the questions posed orally by the Committee during the dialogue.

3.The Committee commends the State party on its large and multisectoral delegation, which was headed by the Deputy Permanent Secretary of the Ministry of Social Development and Human Security, Napa Setthakorn. The delegation also included representatives of the Ministry of Interior, the Ministry of Labour, the Ministry of Education, the Ministry of Foreign Affairs, the Constitutional Court, the National Legislative Assembly, the Royal Thai Police, the Committee on the National Commission on the Policies and Strategies for Women Advancement, the Southern Border Provinces Administrative Centre, the Permanent Mission of Thailand to the United Nations Office and other international organizations in Geneva.

B.Positive aspects

4.The Committee welcomes the progress achieved, since the consideration in 2006 of the fifth periodic report of the State party (CEDAW/C/THA/CO/5), in undertaking legislative reforms, in particular the adoption of the following:

(a)Prevention and Solution of the Adolescent Pregnancy Problem Act, in 2016;

(b)Gender Equality Act, in 2015;

(c)Female Title Act, in 2008;

(d)Anti-Trafficking in Persons Act, in 2008, and revisions thereof, in 2015 and 2017;

(e)Protection of Victims of Domestic Violence Act, in 2007;

(f)Criminal Code Amendment Acts, in 2007, inter alia, to criminalize marital rape and broaden the definition of rape and sexual assault; and, in 2015, to provide for the prosecution and punishment for rape of a minor, even if a court grants permission for the perpetrator to marry the victim;

(g)Criminal Procedure Code Amendment Act, in 2007, which, inter alia, reduced sentences for prisoners who are pregnant.

5.The Committee welcomes the fact that, in the period since the consideration of the previous report, the State party has ratified or acceded to the following international instruments:

(a)Optional Protocol to the Convention on the Rights of Persons with Disabilities, in 2016;

(b)Optional Protocol to the Convention on the Rights of the Child on a communications procedure, in 2012;

(c)Convention on the Rights of Persons with Disabilities, in 2008;

(d)Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, in 2007;

(e)Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, in 2006.

6.The Committee also welcomes the withdrawal, on 18 July 2012, of the reservation to article 16 of the Convention on the Elimination of All Forms of Discrimination against Women, as recommended by the Committee in its previous concluding observations (CEDAW/C/THA/CO/5, para. 12).

C.Parliament

7. The Committee stresses the crucial role of the legislative power in ensuring the full implementation of the Convention (see the statement by the Committee on its relationship with parliamentarians, adopted at the forty-fifth session, in 2010). It invites the National Legislative Assembly, in line with its mandate, to take the necessary steps regarding the implementation of the present concluding observations between now and the next reporting period under the Convention.

D.Principal areas of concern and recommendations

Constitutional and legislative framework

8.The Committee notes that, under the revised Constitution, which came into effect in April 2017, discrimination on various grounds, including sex, is prohibited and the principle of equality between men and women is guaranteed. It also notes the adoption of the Gender Equality Act in September 2015, in which gender discrimination, including direct and indirect discrimination, is defined and prohibited. However, the Committee expresses concern with regard to the following:

(a)Under section 17 (2) of the Gender Equality Act, exceptions are allowed with regard to the prohibition of discrimination on the basis of gender, namely on grounds of religious principles and national security;

(b)The prohibition of discrimination on the basis of gender in the Constitution and the Gender Equality Act does not apply in the southern border provinces, where special emergency laws continue to be applied.

9. The Committee recommends that the State party:

(a) Revise section 17 (2) of the Gender Equality Act to ensure that there are no exceptions to the prohibition of discrimination on the basis of gender;

(b) Ensure that all women and girls who live in areas that are subject to emergency laws are effectively protected from discrimination, both in law and in practice, recalling that the principle of non-discrimination is non-derogable and continues to apply even during times of armed conflict and in states of emergency, as indicated in the Committee’s general recommendation No. 28 (2010) on the core obligations of States parties under article 2 of the Convention.

Access to justice and remedies

10.The Committee remains concerned about the persistence of multiple barriers impeding women and girls from obtaining access to justice and effective remedies for violations of their rights, in particular for rural women, indigenous women, women belonging to ethnic and religious minority groups, and women with disabilities. Such barriers include:

(a)Social and cultural stigma, which deter women and girls from registering their complaints, in particular with regard to sexual and gender-based violence;

(b)Limited legal literacy and access to information on remedies that are available;

(c)Lack of gender sensitivity in the justice system, including negative attitudes of law enforcement officials towards women denouncing violations of their rights, leading to frequent failures to register and investigate complaints;

(d)Widespread and pervasive corruption, which continues to impede women’s access to justice.

11. Recalling its general recommendation No. 33 (2015) on women’s access to justice, the Committee recommends that the State party:

(a) Simplify the procedure for accessing the Justice Fund and ensure that it is available and accessible to all women, including rural women, indigenous women, women belonging to ethnic and religious minority groups, and women with disabilities;

(b) Eliminate the stigmatization of women and girls who claim their rights, by raising awareness on the part of women and men of their rights and enhancing women’s legal literacy;

(c) Disseminate information, in particular in rural and remote areas, about the legal remedies available to women regarding violations of their rights, including among Muslim women in the southern border provinces about the remedies available to them under the State party’s criminal justice system in addition to Islamic law;

(d) Strengthen the gender responsiveness and gender sensitivity of the justice system, including by increasing the number of women in the justice system and providing systematic, capacity-building training to judges, prosecutors, lawyers, police officers and other law enforcement officials on the Convention, as well as on the Committee’s jurisprudence and its general recommendations;

(e) Strengthen measures to combat corruption and effectively investigate allegations of corruption, and prosecute and punish corrupt law enforcement and judicial officials who obstruct justice, in order to restore women’s trust in the justice system;

(f) Ensure that religious and customary justice systems harmonize their norms, procedures and practices with the Convention, and provide capacity-building on women’s rights and gender equality to customary justice authorities.

National machinery for the advancement of women

12.The Committee regrets the lack of steps taken to implement the Committee’s previous recommendation to undertake an in-depth evaluation of the national machinery for the advancement of women and other institutional mechanisms to promote gender equality (CEDAW/C/THA/CO/5, para. 18) and expresses concern that the Department of Women’s Affairs and Family Development has been tasked with additional operational duties, thus further reducing its capacity to function effectively as the national machinery for the advancement of women. It is also concerned with regard to the lack of clarity regarding the mandate and responsibilities of the Department in the light of the new committees established under the Gender Equality Act, such as the Gender Equality Promotion Committee.

13. The Committee recommends that the State party:

(a) Clearly define the mandate and responsibilities of the Department of Women’s Affairs and Family Development and the bodies established pursuant to the Gender Equality Act and ensure that there is no undue overlap;

(b) Ensure that the national machinery has the authority and the human and financial resources necessary to work effectively for the promotion of women’s rights;

(c) Ensure the adoption and effective implementation of a gender mainstreaming strategy throughout all government agencies;

(d) Regularly monitor and assess the impact of the work undertaken by the Department of Women’s Affairs and Family Development to promote gender equality.

National human rights institution

14.The Committee notes with concern the lack of a clear, transparent and participatory process for selecting and appointing the members of the National Human Rights Commission of Thailand, which led the accreditation committee of the Global Alliance of National Human Rights Institutions to downgrade it to “B” status in November 2015.

15. The Committee recommends that the State party implement the recommendations made by the Global Alliance of National Human Rights Institutions in its report of November 2015 so as to enable the National Human Rights Commission of Thailand to effectively and independently carry out its mandate in accordance with the principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles) (General Assembly resolution 48/134, annex).

Temporary special measures

16.The Committee welcomes the inclusion of section 27 in the revised Constitution, which allows for the adoption of measures for the purpose of eliminating obstacles for women and girls to the enjoyment of their rights. However, it reiterates its previous concern (CEDAW/C/THA/CO/5, para. 21) that no temporary special measures have been adopted with a view to achieving substantive equality of women and men in all areas where women are underrepresented or disadvantaged, such as with regard to women’s participation in decision-making bodies and with regard to women in disadvantaged situations in the State party, such as women with disabilities, women from ethnic and religious minority groups, indigenous women, rural women, and older women.

17. The Committee reiterates its previous recommendation (CEDAW/C/THA/CO/5, para. 22) that the State party expeditiously introduce temporary special measures, in accordance with article 4 (1) of the Convention and the Committee’s general recommendation No. 25 (2004) on temporary special measures, to accelerate the realization of women’s substantive equality with men in all areas, in particular with regard to women’s participation in decision-making bodies, targeting women in disadvantaged situations, such as women with disabilities, women from ethnic and religious minority groups, indigenous women, rural women and older women.

Stereotypes and harmful practices

18.The Committee reiterates its previous