Rights during trial

Even if you are wrongfully accused and prosecuted, you have the right to be tried fairly. This includes the following rights which can be exercised during an investigation, examination and trial:

• The right of the accused to counsel during the pretrial phase, preliminary hearing, and trial itself. 
• The right to a public trial and to be present at that trial.
• The principle of presumption of innocence.
• The right to remain silent at all stages of the criminal justice process.
• The right to be tried expeditiously and fairly.
• The right to inspect the evidence and take copies of any evidence submitted.
• The right to inspect court files and take copies of those files.
• The right to inspect and obtain a copy of any statement provided during the investigation and any documents related to that statement.
• The right to appeal.

During your criminal trial

If you have been accused of sedition, there are several rights that you have during your trial.

Pretrial phase

If you are in the mid of a trial that you consider wrongful, there are various motions that you can raise to challenge the trial. 

• If there is an illegality in your arrest or detention, you can raise it with the investigating officer or the court, depending on who is holding you in custody.
• During your detention, you can also apply for bail. If you are in the custody of the investigating officer, the application for bail shall be submitted to the investigating officer. If you are in the custody of the court, then the application shall be submitted to the court. If it is refused, the refusal of bail must be based upon the grounds specifically provided by law, and you should be informed of those grounds. You can lodge an appeal against the bail denial to the Appeals Court. The decision of the Appeals Court is final; however, you are allowed to submit a new application for bail.
• If applicable you can raise concerns based on the ‘protection against Double Jeopardy’, enshrined in the Criminal Procedure Code of Thailand. 

Motion to dismiss the case

If you are accused of sedition, you can 

• Submit the facts, legal arguments and evidence to the Court to prove no prima facie case, according to Section 165/2. There is no prima facie case if the case before the court lacks merit. However, in this case, it will be you to prove that the case lacks merit.

Post-Conviction

You (and your defence counsel) have a right to appeal against the judgment of a court of the first instance.

As a last resort, you can lodge an appeal to the Supreme Court with regard to a judgment in a criminal case.

How can you be compensated if you are wrongfully accused? 

If you were wrongfully charged for sedition, you can file an application for restitution at the Victim Compensation and Restitution Board under the Victim Compensation and Restitution for the Accused Act (2001).

Your case has to fulfil the following criteria:

1. You are charged by the public prosecutor;
2. You are detained pending trial;
3. You are subsequently dismissed as innocent or discharged pending trial, or there is a final judgment that you are not guilty, or your act is not a crime.

The compensation might include a daily restitution award for the days of detention, medical expenses, including rehabilitation, if the illness has occurred directly, as a result of the criminal charge or confinement, a loss of earnings pending the trial and expenses for criminal defence.

You can file an appeal to the Court of Appeals if you are not satisfied with the board’s decision.

Once the charges against you have ended

Filing criminal report against a state official

If a state official charged you with sedition and initiates a criminal process against you, it is also useful to know that Thailand’s criminal law foresees punishment for the malicious exercise of duties by state officials. It also criminalises those who falsely accuse you of something and as a result harm your reputation.

More specifically, it is a criminal offence:

• If a state official gives false information about you to the authorities that ultimately cause you injury (Section 137 and 172).
• If a state official gives information of an offence you have allegedly committed while knowing they are false (Section 173) and with the malicious intention to subject you to punishment (Section 174).
• If a state official takes false information to charge you in Court for the commission of a criminal offence (Section 175).
• If a state official fabricates false evidence to trigger the initiation of a criminal case against you (Sections 179 and 180).
• There are further offences in relation to how state officials conduct their duties. For example, it is prohibited to wrongfully and injuriously exercise their duties (Section 157), to wrongfully register documents (Section 162) or to wrongfully execute prosecutorial or investigatory duties (Sections 200 and 201).

If you think that the state official who accused you of sedition has committed any of the criminal offences above, you can consider reporting the incident to the nearest police station. You can choose between informing the police and allowing the process to be moved forward by the prosecutor or initiating the prosecution yourself. More specifically, 

1. You can file a criminal report at the police station detailing all the relevant facts of the offence that you suffered, as well as the identity of the offender. The Prosecutor will then file the appropriate criminal case in court and you will have the option to file a motion to join them.
2. You can launch a private criminal prosecution by directly going to the Court. In that case, you will bear the cost of private case filing and you will not have to report the case to the police or involve the public prosecutor. In addition, you will have the burden of proving your case.

What can you expect? 

Under both options, during the criminal trial, you can apply to receive compensation because you are the victim. In addition, the court will decide on the appropriate punishment for the offender. The Prosecutor will have to prove that the offender is guilty ‘beyond a reasonable doubt.’ If you have launched a private criminal prosecution then you will have to prove the guilt of the offender. 

What if you are not satisfied with the outcome? 

If you are not satisfied with the outcome of the trial, you can submit an appeal to the Court of Appeal and a final appeal to the Supreme Court, within one month from the date on which the judgment is read. For that, you should first obtain permission from the judge who tried the case and from the prosecutor. In your appeal, you are allowed to raise legal issues, but usually not factual issues. This means that you cannot challenge the interpretation of facts or add new facts, but you can mainly challenge the interpretation of the law.

How can you be compensated for the harm suffered? 

There are different ways that you can be compensated for the harm suffered, namely:

• During the criminal trial, you can file a request for compensation from the accused, under Section 44/1 of the Code of Criminal Procedure. You are entitled to claim compensation if the offence that was carried out against you resulted in bodily or mental harm, personal liberty injury, reputation impairment or proprietary damage. For this request to be successful, you will have to pay the respective fees and the accused should not be indigent.
• You can file a civil lawsuit for tort against the offender before the Civil Court.
• If you have been a victim of a sexual offence, of an offence against life and body, including bodily harm, you can file an application for compensation, restitution or benefits at the Victim Compensation and Restitution Board under the Victim Compensation and Restitution for the Accused Act (2001). The application has to be filed in writing and should be filed within one year you experienced the offence. The compensation might include (1) the expenses necessary for medical care, including physical and mental rehabilitation; (2) compensation for the victim’s death (at the amount not exceeding 100,000 Baht); (3) loss of earnings; (4) compensation for other loss incurred under the discretion of the Board.

Filing a lawsuit after the proceedings against you have finished

If a state official has initiated criminal or civil proceedings against you alleging sedition, you can also consider filing a civil lawsuit for tort after you have won the case. 

In this lawsuit, you can argue that you have suffered harm due to the litigation and ask the offender for compensation.

You will have to prove that

1. The state official initiated a court process against you with direct intentions of intimidating you.
2. You can file an appeal to the Court of Appeals if you are not satisfied with the board’s decision.

What can you ask for? 

You can ask the court: 

• For an injunction. An injunction is when a court orders someone to do or stop doing a specific action. For example, the court can order your attacker to destroy the false documents created to wrongly accuse you. 
• For an order from the court directing the offender to stop or to perform any other appropriate act.
• For compensation of: 
  • Actual and foreseeable damages.
  • Psychological damages including mental distress (Supreme Court Decision No. 516/2555).
  • The costs of actual and future medical expenses linked to your attack.
  • Any loss, total or partial, of your ability to work both at present and in the future that is linked to your attack.
  • Any loss of your ability to provide services to eligible third parties. 
• Non-pecuniary loss.

Where? 

The location of the court with which you will have to your case depends on the location of the offence, the monetary value and the subject matter of your claim. See Resource Hub.

What if you are not satisfied/you do not agree with the judgment of the court? 

If you are not satisfied with the judgement of the Court of first instance, you can submit an appeal to the Court of Appeal within one month from the date on which the judgment is read. For that, you should first take the permission of the judge who tried the case and the prosecutor. In your appeal, you are allowed to raise legal issues, but usually not factual issues. This means that you cannot challenge the interpretation of facts or add new facts, but you can mainly challenge the interpretation of the law. Thai law foresees the possibility of a final appeal before the Supreme Court, within one month from the date on which the judgment of the Court of Appeal is read.

Challenging actions and decisions of the authorities

If you were brought to court on false sedition allegations by a state official or authority, you can also consider approaching the Administrative Court. 

You can file a lawsuit against the official or the agency where they are employed and claim that they have committed an illegal act, which violated your rights. You can further ask the court to order the agency to pay damages for tort liability.  

How to bring your case before the Administrative Court? 

You can file a lawsuit at the state Administrative Court of the first instance of your region within 90 days from the date the act that you are challenging, was known to you.

What if you are not satisfied with the Administrative Court decision? 

You can file an appeal to the Supreme Administrative Court.

What can you expect?

The remedies that the Administrative Court can provide you with, depending on the case are:

1. order revocation of an order of a state agency or official;     
2. order an administrative agency or State official to perform a specific duty;
3. order an administrative agency or State official to pay monetary compensation, deliver property wrongfully confiscated or perform or omit an act with or without prescribing the time and other conditions;
4. order a remedy towards the right or duty of the person concerned; or
5. order a person to act or refrain from any act in accordance with the law. 

Challenging the constitutionality of a provision

If the state has adopted a legal provision, that restricts your constitutionally protected rights, in this case, your right to freedom of speech, you can file a petition to the Constitutional Court, under Section 212 of the Constitution. With this petition, you can challenge the constitutionality of the legal provision above. To file it, your constitutionally recognised rights or freedom should have been violated. 

For example, if a law establishes restrictions to your freedom of expression that are disproportionate or unnecessary compared to legitimate state interests, you can challenge its constitutionality. The Computer Crimes Act carries sentences ranging from one to five years of imprisonment which is disproportionate to the aim they strive to achieve.

Rights and Liberties Protection Department (RLPD)

The Rights and Liberties Protection Department is a department of the Ministry of Justice, responsible for the rights of victims and witnesses. If you are a victim of wrongful prosecution for sedition, you can approach the RLPD and apply for compensation or legal counselling. 

When can you approach the RLPD?

You can approach the RLPD in various cases. For example:

• If you are a victim or defendant in a criminal case and you have problems accessing remedies and compensation. The Department RLPD provides State compensation for innocent victims’ injuries in the event of a crime committed by others and for accused persons who are declared not guilty based on clear evidence.
• If you are a witness in a case and you need protection.
• If you are a victim and you need free legal counselling. 

How? 

The RLPD has a free helpline and legal clinics at 81 locations throughout Thailand.

Justice Fund Act

Under the Justice Fund Act, you can file an application to the Justice Fund, if:

1. You need assistance in litigation for a case of human rights violation. The consideration of your application will be based on 
   1. Your behaviour
   2. Your status
   3. Opportunities to receive assistance under other laws
2. You want to petition for temporary release as an accused or defendant. The consideration on temporary release will depend on whether the person would cause trouble to witness, evidence or cause any danger. 
3. Your human rights were violated. The assistance grant will include compensation for: 
   1. The expenses for medical treatment, including psychological and mental treatment, you incurred due to the attack;
   2. The financial loss you suffered due to the death of the person whose rights have been violated; 
   3. The absence of income due to your inability to work following the attack; or 
   4. Any other damage as the Committee deems appropriate.

Damronghama Centres of the Ministry of Interior

If you were wrongfully charged with sedition and a civil servant was involved in your case,  you can file a complaint to the Damronghama Centre of your province. Those centres were established by the Ministry of Interior to receive complaints and petitions alleging ill-treatment by civil servants, employees of state enterprises under the supervision of the MoI, sub-district or village heads, or any staff/-bureaucrat/-employee from any administrative office. 

Damronghama Centres also receive labour complaints.

How? 

Complaints can be made in person at the centres or through the Hotline # 1567 (available 24/7)

What to expect? 

The centres serve as a referral mechanism to relevant government agencies and do not have the power to investigate or settle disputes.

Victim Compensation and Restitution Board

If you were wrongfully charged for an offence, you can file an application for restitution at the Victim Compensation and Restitution Board under the Victim Compensation and Restitution for the Accused Act (2001). The application has to be filed in writing and should be filed within one year after you experienced the offence.

Your case has to fulfil the following criteria:

1. You are charged by the public prosecutor;
2. You are detained pending trial;
3. You are subsequently dismissed as innocent or discharged pending trial, or there is a final judgment that you are not guilty, or your act is not a crime.

The compensation might include a daily restitution award for the days of detention, medical expenses, including rehabilitation, if an illness has occurred directly, as a result of the criminal charge or confinement, a loss of earnings pending the trial and expenses for criminal defence.

You can file an appeal to the Court of Appeals if you are not satisfied with the board’s decision.

Note that this compensation can also be claimed if the wrongfully accused person is dead by his/her relatives.

WorLorPor Committee 

Gender discrimination is forbidden under the Gender Equality Act 2015. If you have suffered due to the sedition charges, which can also be considered gender discrimination, you can file a complaint to the Committee on Consideration of Gender Discrimination (WorLorPor Committee) for consideration. The Committee might order the offender, namely government agencies or private organisations to take any appropriate actions as required by their powers and duties to end and prevent gender discrimination. 

Once the WorLorPor Committee has issued a decision that there has been gender discrimination, you will be entitled to the compensation and remedy. You can submit a request to the respective Department. Your compensation might include: 

• Compensation for loss of income during the period of inability to work as usual.
• Compensation for loss of commercial opportunity which can be calculated in terms of money. 
• Compensation for expenses on medical care including physical and mental rehabilitation.
• Compensation and remedy in other forms or characteristics.

Simultaneously, you can take legal action to demand compensation for violation of the court of jurisdiction. 

National Human Rights Commission

If your right to freedom of expression has been violated due to the sedition charges, you can consider approaching the National Human Rights Commission. The Commission is responsible to receive and investigate complaints of human rights violations by the state and propose adequate measures.

How to send a complaint?

You can submit your complaint:

• In person by going to the National Human Rights Commission Offices which are located in each district.
• Online via the commission's website. 
• You can download the complaint form and send it by email to help@nhrc.or.th. 

What should you expect?

The National Human Rights Commission does not have the power to implement its proposed measures, enforce its recommendations or punish companies. However, it can:

• Examine acts of human rights violation or those which do not comply with the country’s international human rights obligations; 
• Propose remedial measures to individuals or organisations concerned;
• File criminal lawsuits on behalf of victims; 
• Forward an issue to the Constitutional or the Administrative Court;
• Provide recommendations on the amendment of laws to the parliament or cabinet for the promotion of human rights;
• Report directly to the Prime Minister or the Parliament for further action if deemed necessary if agencies or persons do not comply with its recommendations.

Ombudsman

If your right to freedom of expression has been violated by a state official or more generally by a state authority, you can consider approaching the Ombudsman. The Ombudsman is responsible for investigating complaints and redressing grievances of individuals confronted with maladministration, negligence of duties or abuse of power by public authorities. For example, it can examine a complaint about a civil servant that violated the law by restricting your freedom of expression. 

However, if your case is currently examined in a court or if a final ruling has been issued on it, the Ombudsman will not be able to investigate it. 

What should you expect?

The Ombudsman does not have the power to implement its proposed measures or enforce its recommendations s. However, it can:

• Consider and investigate complaints for facts-finding; 
• Make recommendations for remedial actions;
• Submit a case to the Constitutional or Administrative Court;
• Report to the House of Representatives, Senate and the public. 

UN Human Rights Council Special Procedures

The Special Procedures of the UN Human Rights Council (‘Special Procedures’) are independent human rights experts (‘Rapporteurs’) and ‘Working Groups’ with mandates to report and advise on thematic human rights issues. 

With the support of the Office of the United Nations High Commissioner for Human Rights (OHCHR), special procedures can:

• Undertake country visits;
• Act on individual cases of reported violations and concerns of a broader nature by sending communications to states and others;
• Contribute to the development of international human rights standards; and
• Engage in advocacy, raise public awareness, and provide advice for technical cooperation.

In cases of business-related human rights abuses, you can draw the attention of your government and raise public awareness by submitting a complaint to the Special Procedures. You can submit a complaint to the Special Procedures if you have suffered abuse by the state or by a business. Where a business has caused harm, the state is also responsible for failing to protect you, investigate the harm, and/or provide remedies.

The UN has established various Special Procedures. In cases of attacks against human rights defenders that work on business and human rights issues, the most relevant are:

• Special Rapporteur on the situation of human rights defenders
• Working Group on the issue of human rights and transnational corporations and other business enterprises (also referred to as the “UN Working Group on Business and Human Rights”)
• Special Rapporteur on the promotion and protection of human rights in the context of climate change
• Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy, and sustainable environment
• Working Group on Arbitrary Detention
• Special Rapporteur on the extrajudicial, summary, or arbitrary executions
• Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
• Special Rapporteur on the rights to freedom of peaceful assembly and association
• Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
• Special Rapporteur on the rights of indigenous peoples
• Special Rapporteur on the right to privacy
• Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
• Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes

These are just a few of the Special Procedures. You can find a comprehensive list here.

In addition, in June 2022, the world’s first Special Rapporteur on environmental defenders was elected under the UNECE Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention). The function of this new Special Rapporteur is to take measures to protect any person experiencing or at imminent threat of penalisation, persecution, or harassment for seeking to exercise their rights under the Aarhus Convention. You can submit a complaint to the Special Rapporteur even if domestic remedies have not been exhausted and any information submitted will be kept confidential.  The new Special Rapporteur has various tools for resolving complaints and protecting environmental defenders quickly, including: 

• Issuing immediate protection measures; 
• Using diplomatic channels; 
• Issuing public statements; and 
• Bringing the matter to the attention of human rights bodies and the government concerned. 

Who can submit information? 

Information submitted to the mandate-holders may be sent by a person or a group of persons who claim to be the victim(s) of human rights abuses. Non-governmental organisations (‘NGOs’) can also submit information, provided they have direct and reliable knowledge of the alleged abuse. 

Under what conditions? 

Your communication should fulfil the following conditions:

1. Communications must not be exclusively based on mass media reports. 
2. The communication should contain a factual description of the alleged human rights abuses, especially any available information as to the date and place of the incidents, alleged perpetrators, suspected motives, and contextual information.
3. The communication should be submitted based on credible and detailed information.
4. Include full details of the sender’s identity, address, the name of each victim (or any other identifying information), or any community or organisation subject to the alleged abuse. In communications to governments, the mandate-holders normally preserve the confidentiality of their information source, except where the source requests that its identity be revealed. 
5. Indicate any steps you have already taken at the national, regional, or international level about the case. However, you do not need to have exhausted domestic remedies to have your allegation examined by Special Procedures.

How to submit information?

The application for all Special Procedures is the same. Upon receiving the information on your case, the UN will notify the relevant mandate-holders. Therefore, you do not have to choose the specific mandate holder for your case, but you must present your case so that all appropriate offices are notified.

Any communication addressed to Special Procedures mandate-holders must clearly indicate what the concern is in the subject heading of the message and be addressed to: 

Special Procedures Division c/o OHCHR-UNOG

8-14 Avenue de la Paix 1211 Genève 10, Switzerland 

Fax: +4122 917 90 06 

Email: urgent-action@ohchr.org (for complaints and individual cases) 

For any other information, email: spdinfo@ohchr.org  

You can find the link to the online submission here.

What should you expect? 

It is left to the discretion of the mandate-holder to decide whether to act in a given situation. Usually, the Special Procedure will investigate the case and send a letter to the government regarding the abuse that you reported. The letter will ask for clarifications. Where necessary, the Rapporteurs may request that the concerned authorities take action to prevent or stop the abuse, investigate it, bring to justice those responsible and/or make sure that remedies are available to the victim(s) or their families. In these letters, the Rapporteurs may also inform the state of the applicable human rights provisions. In cases where the state is repeatedly failing to reply, the mandate holder might issue a press release. Upon receiving information on abuses, mandate-holders may carry out visits to countries to investigate the human rights situation on the ground. 

Note that the Special Procedures Rapporteurs do not have the power or authority to enforce their views or recommendations.

Who can you reach out to for support? 

To increase exposure and collaboration with the OHCHR, it is recommended that you build relationships with your local OHCHR office. Thailand is covered by the OHCHR Regional Office for South-East Asia in Bangkok and the office often holds consultations with civil society. 

6th Floor, United Nations Building

Rachadamnern Nok Avenue

Bangkok 10200, Thailand

Tel: +66 2 288 1235

Fax: +66 2 288 1039

Email: ohchr.bangkok@un.org 

Website: link. 

If possible, it is also recommended to visit the OHCHR in Geneva or network with organisations that work directly with the OHCHR.  

The Complaint Procedure of the Human Rights Council 

What is the Procedure? 

It is a confidential procedure that aims to address consistent patterns of gross and reliably attested human rights violations in all UN member states, irrespective of whether they have ratified any particular treaty. It is useful for drawing attention to serious underlying problems and calling on the UN to investigate human rights situations in different countries. However, it is not a procedure that will provide a tangible remedy in a particular case.

Who can submit a complaint? 

The complaint must come from a person or a group of persons alleging a violation of their human rights and fundamental freedoms. In addition, NGOs are permitted to lodge a communication provided they have direct and reliable knowledge of the violations. 

Under what conditions? 

Your complaint will be admissible if the following conditions are met: 

1. It should include your name or the name of the organisation that is filing it. Its subject should be consistent with the Charter of the United Nations, the Universal Declaration of Human Rights (UDHR) and international human rights law. Your application should not be politically motivated.
2. Your complaint should give a complete description of the facts of the alleged violations, the rights that were violated as well as the perpetrator(s). It should not be based exclusively on mass media reports. 
3. You should attach to your complaint copies of all documents of relevance, especially administrative or judicial decisions on the complaints issued by national authorities. The language of the communication must not be abusive. 
4. Your complaint should not have already been dealt with by a Special Procedure, a treaty body, or any other UN or similar regional complaints procedures in the field of human rights. 
5. You should have first exhausted domestic remedies, (i.e., you should attempt to use the available national legal protections to seek accountability or reparation for the violation, appealing as necessary until the claim can be pursued no further at the national level), unless those remedies would be ineffective or unreasonably prolonged. You should demonstrate the steps you took to exhaust domestic remedies in your application.

Process for filing under that procedure? 

You should send your complaint to:

Complaint Procedure Unit

Human Rights Council Branch

Office of the United Nations High Commissioner for Human Rights

United Nations Office in Geneva

CH-1211 Geneva 10, Switzerland

Or by e-mail to cp@ohchr.org or to any country or regional office of the United Nations High Commissioner for Human Rights.

What should you expect?

After an initial screening is done, your complaint will be transmitted to the State concerned to obtain their views on the allegations of violations contained therein. You will be informed of the proceedings at the key stages and you might be asked to provide further information if necessary. The Human Rights Council will examine a report of your case confidentially (unless it decides otherwise) and may decide one of the following: to discontinue considering the situation when further consideration or action is not warranted; to keep the situation under review and request the State concerned to provide further information within a reasonable period; to keep the situation under review and appoint an independent and highly qualified expert to monitor the situation and report back to the Council; to discontinue reviewing the matter under the confidential complaint procedure to take up public consideration of it; to recommend to OHCHR to provide technical cooperation, capacity building assistance or advisory services to the State concerned. All material provided by individuals as well as the replies by the Governments remain confidential during and after the consideration by the Complaint Procedure.

Filing a communication to the Committee on the Elimination of Discrimination against Women, the Committee on the Rights of the Child, the Committee on the Rights of Persons with Disabilities

Some treaties also establish a ‘Committee’ which you can approach when your rights are violated. If abuse occurs in Thailand, the Committees of the following three conventions have the competence to investigate complaints:

• the Convention on the Elimination of All Forms of Discrimination against Women 
• the Convention on the Rights of the Child 
• the Convention on the Rights of Persons with Disabilities foresees a complaint procedure.

Therefore, if your rights as a woman, a child or a person with disabilities have been harmed by the threats, intimidation or harassment that you suffered, then you can file an ‘individual communication’ to the respective Committee.

• Women Committee on the Elimination of Discrimination against Women
• Children Committee on the Rights of the Child
• Persons with Disabilities Committee on the Rights of Persons with Disabilities

! Note that your rights can be violated

• By the state directly.
• By the state indirectly, if a corporation has committed abuse against you, and your state fails to prevent the abuse, investigate your case and/or provide remedies.

Under which conditions can you file a communication?

1. You should be the direct victim or a group of victims. You may also bring a claim on behalf of another person, with proof of his/her consent (unless the person is in prison or is a victim of an enforced disappearance).
2. The complaint should include your name, nationality, date of birth, mailing address and email, and specify the State party against which the complaint is directed. If the complaint is brought on behalf of another person, proof of his/her consent should be provided. You can request that your personal information remains confidential.
3. Your communication should be very specific when describing the act or omission that amounts to an abuse of human rights. You should also give sufficient information regarding the facts and the arguments put forward.
4. You should refer to the treaty provision(s) that you allege has been violated.
5. You should give detailed information on the alleged perpetrator.
6. You can file the communication alone, but you should also consider the assistance of a lawyer or an NGO.
7. You should avoid bringing the same complaint before the same Committee if no new circumstances have arisen.
8. Your complaint should not be under consideration in another international or regional mechanism at the time of submission. 
9. You should first exhaust domestic remedies, unless they are unduly prolonged or clearly ineffective, including any judicial or administrative remedies, and appeal processes to obtain protection and/ or just and fair reparation for the violations suffered.
10. You should file your communication as soon as possible. 
11. You should file the complaint in one of the official UN languages (Chinese, Russian, Arabic, English, French or Spanish).
12. You can attach to your communication any supporting documentation you deem appropriate (translated into one of the official UN languages), such as the authorisation to act for another person, decisions of domestic courts and authorities on the claim, the relevant national legislation, any document, or evidence that substantiates the facts, etc.

What can you ask for?

You might ask for interim or provisional measures before the adoption of a final decision. Those measures can be asked in urgent cases to prevent irreparable harm to the alleged victim, while the case is still pending consideration by the Committee. 

“Irreparable harm” refers to harm which, due to its nature, cannot be susceptible to reparation.

If you request interim measures, you must demonstrate that the risk of harm is real and personal and that, should it materialise, the damage would be irreparable. Typical interim measures include, for example, the suspension of the execution of a death sentence or deportation to a country where the person faces a risk of torture or ill-treatment.

! At any stage of the process, you can also request the adoption of protection measures from reprisals and retaliation. 

Who to reach out to for support? 

It is recommended that you work collaboratively with NGOs to bring the abuse to the attention of UN bodies. If you require support with your communication, you can find a list of organisations which can provide you with guidance and assistance here. See Resource Hub. 

Necessary information to include in the communication:

Signature

Date

The treaty provisions invoked

The Committee it is addressed to

Your personal information and contact details are to be used for communication

The capacity in which you submit the communication (victim, parent of the victim, another person) 

Name of the state concerned.

Information and description about the alleged perpetrator(s) of the violation(s). 

Description of the alleged violation(s)

Description of the action taken to exhaust domestic remedies. If they have not been exhausted, explain why this has not happened. 

Action taken to apply to other international procedures (if any). 

Supporting documentation

You can find the form here. 

Where to send the communication?

You can send the communication by post to:

Petitions and Inquiries Section
Office of the High Commissioner for Human Rights
United Nations Office in Geneva
1211 Geneva 10, Switzerland

Or by fax to: + 41 22 917 90 22
(particularly for urgent matters)

Or by email to: ohchr-petitions@un.org 

What can you expect?

The respective committee will receive information from you and the state. Depending on the situation it might ask the state to adopt interim or protective measures to prevent irreparable harm being done to the victim of the alleged violation. Then, it will decide – if applicable – if the state will recognise the violation or find it ill-founded. The committee’s decisions are not legally binding, but the state has a good faith obligation to take it into consideration and implement the recommendations, simply because they have signed the respective treaty.

More information can be found here: OHCHR | Individual Communications

International Labour Organization - Representations’ procedure

The International Labour Organization (‘ILO’) is a specialised agency of the United Nations, responsible for developing and overseeing international labour standards. It has adopted 189 Conventions. The most important of them are the eight fundamental Conventions, which cover a broad range of topics concerning work, employment, social security, social policy and related human rights. They are legally binding on the states that have ratified them. 

Thailand has ratified the following fundamental conventions: 

• Forced Labour Convention (No. 29)
• Equal Remuneration Convention (No. 100) 
• Abolition of Forced Labour Convention (No. 105)
• Discrimination (Employment and Occupation) Convention (No. 111)
• Minimum Age Convention (No. 138)
• Worst Forms of Child Labour Convention (No. 182)

You can find the Conventions ratified by Thailand here.

What protections does the ILO offer? 

If any of your rights that are protected by an ILO Convention have been violated by your state, then you should consider approaching the ILO, through the ‘Representations’ procedure.’ 

The procedure allows employers’ or workers’ organisations to make a representation against any Member State that has failed to respect the convention. You can also resort to that procedure, if a private company is violating your rights, and your state fails to protect you.

Who can file a complaint?

Individual victims are not permitted to file complaints before this Committee. Rather, you should inform a national or international organisation of workers (trade union) and they can file the complaint on your behalf. In Thailand, these include the Labour Congress of Thailand (LCT), the National Congress Private Industrial of Employees (NCPE), the State Enterprises Workers’ Relations Confederation (SERC), and the Thai Trade Union Congress (TTUC).

Conditions:

The representation must:

1. allege that a Member State has failed to adhere to a Convention which it has ratified;
2. be communicated to the ILO in writing;
3. come from an industrial association of employers or workers;
4. make specific reference to Article 24 of the ILO Constitution;
5. concern a Member State of the ILO;
6. refer to a Convention to which the Member State in question is a party; and
7. indicate in what respect it is alleged that that Member State has failed to secure the effective observance within its jurisdiction of that Convention.

How to submit a representation?

All applications should be addressed to the Director General at the following address: 

4 Route des Morillons

CH-1211 Genève 22

Switzerland 

Or by email to: normes@ilo.org

Building a Strategic Campaign

The first thing you may want to consider is building a strategic campaign. A strategic campaign aims to exert pressure on the different strategic relationships of a business or state actor. To develop a strategic campaign, you should carefully analyse your situation and decide which actions will have the most positive impact on your case. 

For example, you will have to decide whether you want to deal with your case publicly or privately, loudly or quietly, in a manner that takes into account the political and other sensitivities that exist in your country. The purpose of the strategic campaign is for you to get a clear picture of the situation, the direction you want to take your case and the concrete actions you can attempt to take to achieve this result. 

This whole process will be demanding on your resources and your mental and physical health so do not hesitate to reach out and ask for help from organisations that are used to dealing with similar cases! There is no shame in doing so and they can provide you with valuable expertise. See Resource Hub.

To build a strategic campaign you and your collaborators can follow these five steps:

1 - Identify your objectives and overall goal: You can do this by asking yourself questions such as What do I want to happen? What do I hope to achieve?

Your overall goal will be the long-term and general outcome that you want to achieve. To reach this goal you will need to identify smaller steps and specific milestones that need to take place, these will be your objectives. 

! When deciding on your objectives, make sure that they are SMART:

• Specific - well-detailed, well-defined and action-oriented;
• Measurable - meaning that you can quantify and have an indicator of progress;
• Achievable - meaning that they can be realistically accomplished in the proposed time frame and with the resources you possess;
• Relevant - meaning that they are relevant to your overall goal and work;
• Time-Bound - meaning that you have set a clear deadline. 

2 - Take the time to do a policy analysis and identify your audience: You can identify the policies and regulations that need to change, the key actions and stakeholders who can influence decisions and understand the overall political context that will influence your overall goal. You will further need to identify the stakeholders that can help you achieve your objectives. For example, who are the decision-makers involved in the issue? What are the power dynamics at play? You should understand why and how each audience you approach can play a role in reaching your goal or can hinder it. Do not forget, when considering actors that could hinder your goal, to be as specific as possible and write down all details you can find on them including their names and functions. 

! Note that if some corporate actors can hinder your goal, other business representatives might help you achieve it! Businesses do not all have the same policies and attitudes when it comes to respecting human rights and the environment. By interacting with business representatives and industry groups you might find valuable allies that can provide you with support in a variety of ways including testifying on your behalf, paying for bail and fines, or speaking up on your behalf. 

3 - Identify your strengths, weaknesses and your message: It will be helpful for you to reflect on your internal strengths - skills, knowledge, resources, past experience - and weaknesses - missing networks, capacity for lobbying, contacts in the media or funding. Once you have identified these, you can search for opportunities that exist around you and will enable you to tackle your weaknesses and achieve your objectives. You should further consider the threats that could prevent you from achieving your objectives by asking yourself, who are your opponents? Is there a negative political climate around your objective? Identifying them early will enable you to minimise the damage and safety risks they can present.

Once you have reflected on your strengths and weaknesses, you will need to identify what your audience needs to hear and present your message in a persuasive and appealing way. At their core, your messages should be the same, however, depending on the audience you will target, you will need to adapt the way they are framed. Most of the time, advocacy messages have two major components: (1) a calling for what is right and (2) a calling for the audience’s self-interest. You can find different methods to develop advocacy messages by using the keywords “advocacy message” and “effective” on google.

4 - Identify your tactics and activities: Depending on your situation and objectives, you will have to use different strategies and tactics to reach your goal. To choose the appropriate tactics for you to use, you can develop a ‘results chain’. The chain will start with your overall goal and outline the small steps you will need to take to get there. In your chain, you can describe the assumptions you are making about the impact of the activities you plan on doing. This will help you reflect on your logic and might show you missing activities. It will further help you understand the kind of resources, be it financial or volunteers, that you will need to put your campaign into action. There are various organisations that you can reach out to for financial support. See Resource Hub. 

A few examples of activities include one-to-one meetings with high-level representatives, the organisation of workshops and conferences, the drafting of a letter to international civil servants, a mass participation event engaging members of the community, and social media posts or petitions. 

5 - Monitor and Evaluate: Finally, you want to make sure that you are keeping track of the efforts you are putting into your campaign to ensure that they are working. You will also want to organise meetings to monitor the campaign and make sure it is going in the direction you want. 

Grassroots Mobilisation

Grassroots mobilisation is about bringing together individuals - in your district, region, or community - to influence a specific outcome. It is one of the key elements in successful campaign strategies. Grassroots mobilisation can be highly effective, as we have seen with the #SaveAru movement because it uses collective action at a local level to influence outcomes at the national level. When every member of the community is participating in ways that they can, and are equally responsible and invested in the cause, the movement is truly powered by a collective leadership. The costs of the movement are further distributed between all members of the community and thereby become more affordable. 

To build grassroots mobilisation, you and your collaborators can follow five simple steps: 

1- Identify the cause you want to address and make a plan of action;

2- Find supporters and volunteers to join your campaign; 

3- Reach out and partner with local organisations and community leaders;

4- Implement your plan of action; and

5- Regularly evaluate your progress. 

! Do not forget that, when it comes to mobilising members of a community, listening and understanding are more important than influencing and persuading. Having several short conversations will be more efficient than a one-off long speech to a general audience! 

To get started, you should identify the cause you want to address. 

(1). The problem that you want to tackle most probably has a root cause. For example, it can be the lack of respect for human rights and the environment by a company which operates in proximity to your village and has threatened you; the absence of legislation by the government to protect people defending the environment; or the inefficiency of local government officials to implement a law, among other potential root causes. You need to identify the root cause you want to tackle so that you can clearly define the actions and steps you want to take to resolve the issue. Defining the outcome, you are looking to achieve will also be crucial to give your movement a clear direction. 

Once you have identified the cause you want to address, you can start creating awareness about your campaign and get interest from individuals in the community. 

(2). Communication will play a key role here and you can use different approaches such as door-to-door canvassing, face-to-face conversations, emails, phone calls or social media to reach as many community members as possible. Having a campaign website or a Facebook page can be a useful tool to speed up this process and will make you gain important visibility online! It will further constitute a good opportunity to start building the next step by building a list of potential partner organisations. 

Using your website and the networks of members from the community you can approach like-minded local organisations and community leaders. See Resource Hub.

(3). To reach out to them you could offer to give a short presentation about your campaign during their events or simply provide your help during their rallies to get to know like-minded people and talk about your campaign. Usually, civil society organisations have dealt with or assisted defenders in similar contexts in the past. They can share their valuable experience with you, guide you on what to do, explain the law and your rights, guide you on where to find support and identify pro bono lawyers that can help you plead your case or provide support in building an advocacy campaign. 

! You should not ignore community leaders! Community leaders can be valuable allies that you can collaborate with to convey important messages about your campaign. If a community leader endorses the changes and propositions you raise, they will be more likely to be accepted and followed by the community and your movement will gain traction. Examples of community leaders that can help you are religious leaders, local political office holders or village figureheads. 

Once you have built a solid basis of supporters you can start implementing your plan of action. 

(4). You can take a variety of actions as part of your plan including rallies, outdoor events, in-house groups, training sessions, organising for a group of volunteers to exchange with the local representative or staging a demonstration. No matter the activity that you choose to conduct, the key to success will be having successful communication. You can keep your supporters up to date on actions conducted through SMS, WhatsApp, and encrypted apps such as Telegram and/or post your announcements for events on your campaign website and Facebook page. Do not forget to communicate with your organisers and volunteer team to make sure everyone has the same information including the date, time, and place of the events. 

During your campaign, you can organise regular meetings with your supporters to evaluate the success of your actions. 

(5). This will enable you to reflect on what went well and what did not and give you avenues for improving your upcoming events. At the end of the campaign, it will also enable you to see if you have reached your objectives. 

Coalition Building

Reaching out to other organisations and talking about your case will allow you to build coalitions. A coalition is a temporary alliance of individuals, groups or organisations that want to achieve a common goal. Forming a coalition with other organisations that have similar values, interests, and goals as your own will allow you to combine your resources and thereby have more impact than if you acted alone. It can be of great help to shift the balance of power and increase the impact of each of your organisation's efforts. Actions taken by the coalition can be focused towards bringing attention to your and other human rights defender cases in the media, requesting for a motion filed by lawyers to be considered or requesting the international community to act. 

To successfully build a coalition you need to take a series of steps.

1. Before anything else, you should define what your main goal is. Your main goal will be at the centre of the initiative and organisations that you are going to approach are going to ask about it regularly. Ideally, you want to be able to present your goal in a manner that is easy to understand and appears attainable. To do so, you can present it through bullet points illustrating the key ideas and goals and condense it into one sentence. 
2. Then you should identify your key stakeholders, leaders, and players. You should be strategic when choosing the organisations to enrol in your coalitions, recognising compatible interests between you, your organisation and other groups or organisations. Stakeholders may include local civil society organisations, international non-governmental organisations and national or international trade unions. 
3. Once you have identified who you want to be a part of your coalition, you can start approaching and trying to mobilise them. You may need to demonstrate to the organisations that your goals are similar and compatible. You can also show them how working together will have a positive impact on everyone’s ability to reach their objectives and that the benefits of building a coalition will outweigh the costs. 
4. While attempting to mobilise partner organisations, you must keep in mind that building a coalition can be a long process and that your short-term goals might transform into longer-term battles. Keep committed to your objectives, with a little flexibility, so you can take advantage of new and innovative opportunities to reach your goals. Also, take into account that the level of commitment of your partner organisations will differ, and although it is perfectly normal, you should hold tight to the organisations that are in it for the long haul. To do so you can see them as a steering committee for your coalition and regularly require their input. 
5. Once you have gathered all members of your coalition, you can host an event to bring all of them together and connect with one another, collaboratively discuss your goals, and show them the actions you had in mind. Adding value to your event can help attract participants. For example, you could invite a guest speaker, provide training, or build the event around a known human rights celebration. 
6. As you will move forward with your coalition, keep in mind to follow up with your members. Regularly thanking them for their input and recognising their efforts will keep everyone motivated and encourage initiatives. You can achieve that by using email newsletters, posts on social media or SMS channels and face-to-face meetings. 

Bring media attention to your case

Another complementary strategy for your case may be to gain visibility and attention by getting media coverage. Before deciding if you want to use this strategy, you should ask yourself whether you want your case to be publicly known and talked about or if you would rather go about, it quietly. Gaining media coverage can play a pivotal role in presenting your case, promoting it in public debate and positively shaping public opinion in your favour. However, this may expose you to further retaliation, as companies may use strategic lawsuits against public participation (please see Section on SLAPPs) to try to silence you. For example, the company could bring a defamation suit against you, the journalist who interviewed you and/or the organisation that published the article. Importantly, you must be careful that the journalist does not reveal your current location so as not to compromise your safety.

To attract media coverage, your story should be prepared in such a way as to catch the attention of readers. You can do this by highlighting why your organisation exists, how important your work is to society and by providing details about the abuse that you have suffered. If you can, try to link your story to an issue that is currently talked about in the public space as this will be more likely to interest the media. Finally, if you can show how your story affects other people and has an impact on wider society, this will increase interest of newspapers. 

Once your story is ready, you can use social media to promote it by publishing blog posts, Instagram stories, Facebook posts and/or tweets. This will enable you to gain public attention and establish your cause before getting traditional media interested in what you have to say. 

If you want the attention of mainstream media, you can collaborate with other national and international organisations to contact reporters. You can reach journalists by email, through their social networks (such as LinkedIn, Facebook or Twitter) or partner organisations. You will have a better chance of getting your interview request accepted if you choose journalists who are used to covering the same kind of story as yours. 

! Be aware that journalists can receive a lot of requests so keep your emails short and to the point! 

If you don't get a response to your first contact request, you can follow up by tweeting the reporter or trying to contact them by phone. Don't get discouraged as getting media attention can be a long process during which you may end up sending your story to twenty journalists before one response. 

When a journalist becomes interested in your story, they will most likely want to talk to you in person. To make sure you are well prepared for the interview, keep in mind three key points you want to make and practice answering questions with a colleague. 

Once the interview is over, do not forget to thank the journalist for his or her time. Following the publication of the article, you can forward it to regional or national newspapers thereby gaining exposure and/or circulating it among your partner organisations.

Bring attention to your case to other businesses and industry groups

Although business-related human rights abuses find corporate actors at the heart of the human rights abuses, you should not forget that businesses and industry groups do not all have the same policies, attitudes, and views when it comes to respecting human rights and the environment. 

You might want to look for allies in the private sector by reaching out to business representatives and industry groups and explaining the issues you are facing. Private actors might become valuable allies who can provide you with support in a variety of ways including by testifying on your behalf, paying for bail and fines, or speaking up on your behalf.

Bring attention to your case at the international level

Equally important is to make your case known at the international level. 

National and international non-governmental organisations are allies in your strategic campaign and have a fundamental role to play in channelling information to relevant institutions abroad. One of their main tasks is to submit so-called shadow reports to international bodies or during the Universal Periodic Review Process. Those reports analyse how and if the government is realising human rights at the national level and provide the necessary background information to international organisations. In turn, if the shadow reports reveal information on serious and systematic violations of the rights protected by the conventions in the country concerned, international institutions can initiate inquiries or visits to the territory of a State Party. By making your case known to NGOs and INGOs, it can be included in their shadow report. Although this will not give you a tangible remedy, you will have added your brick to the wall of human rights in your country. 

You can also bring international attention to your case through the various organisations worldwide that work to protect human rights defenders - including Frontline Defenders, Protect Defenders and Peace Brigades International. You can register your case with one of them, and they will identify the best ways to support you internationally. Be aware that they may publish something on their website or link you with other victims or experts worldwide. If your case is widely known, the offenders might hesitate to retaliate against you in the future. Many organisations work on business and human rights issues that can share legal resources with you, both domestically and internationally. Most importantly, both kinds of organisations can direct you on where to find funding and donors to continue your legal case and to propose other resources necessary for your work as a human rights defender.

Bring attention to your case in the political spheres

You can also contact political figures to draw attention to your case. For example, you can ask a foreign diplomat - by contacting the foreign ministry of the country in question or the embassy - to listen to your story, to come to your trial or simply to have a photo taken with you. This will show your abuser that your case is being taken seriously at the international level and may make them think carefully about retaliatory actions in the future. 

If you are uncomfortable with contacting diplomats of foreign countries, you can contact international civil servants instead. International civil servants are not linked to a specific country but rather to an organisation. To contact them, you can look up the offices of OHCHR, UNDP or the ILO in your country. These organisations often organise informal events such as consultations and webinars during which you can have the opportunity to raise your concerns and build a support network.