Thailand’s Recent Election to the UN Human Rights Council — Explained

On 9 October 2024, Thailand won a seat on the United Nations Human Rights Council (HRC) following the election for the 2025-2027 term. Alongside Thailand, successful bids for a seat on the Council by other countries in the Asia-Pacific region include Cyprus, the Republic of Korea, Qatar, and the Marshall Islands. Thailand will begin its duty as a member of the HRC in January 2025.

Thailand has been campaigning for this seat since mid-2022, when officials first publicized the country’s intention to seek candidature on the HRC. But what does having a seat on the Council really mean? And why has Thailand been denied the seat in the past? Below, we explain the significance of Thailand’s successful bid to the HRC, and why you should care.

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What is the UN Human Rights Council?

The UN Human Rights Council was established in 2006 with a mission to “promot[e] universal respect for the protection of all human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner.” Its responsibility also includes “address[ing] situations of violations of human rights, including gross and systematic violations, and mak[ing] recommendations thereon.” Furthermore, the Council shall, inter alia, “[p]romote the full implementation of human rights obligations undertaken by States and follow-up to the goals and commitments related to the promotion and protection of human rights emanating from United Nations conferences and summits.” Elected members must uphold the “highest standards” in the promotion and protection of human rights. (UNGA Res. 60/251

The emergence of the HRC came from the shaky grounds of its predecessor, the United Nations Commission on Human Rights — a body widely discredited due to the presence of human rights violators on its board. Following the dissolution of the Commission, the HRC pledged to promote the protection of human rights and address situations of violations of human rights globally. 

The Council meets at minimum thrice yearly to discuss promotion of human rights. It also submits reports and recommendations annually to the UN General Assembly, advising how to develop international law to expand the current human rights framework.

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How does the HRC election work?

The Council is composed of 47 Member States of the United Nations, elected directly and individually by the entire General Assembly through secret ballot. Seats are apportioned according to five regional groups to ensure equitable geographic distribution:

  1. African States (13)
  2. Asia-Pacific States (13)
  3. Eastern European States (6)
  4. Latin American and Caribbean States (8)
  5. Western European and other States (7)

Thailand belongs to the Group of Asian States.

To win a seat on the HRC, a State must receive a simple majority of the votes from the General Assembly in the regional group ballot. If more Member States attain the required majority than are seats up for election, then the candidates with the most votes take precedence. 

This year, Thailand was up against Saudi Arabia, Qatar, Cyprus, the Marshall Islands, and the Republic of Korea. Of these states, only Saudi Arabia failed in its bid for a seat on the HRC; the rest will be on the Council alongside Thailand for the 2025-2027 term. (Note that Saudi Arabia had the required majority of votes (97), but had the least support (117) as compared to other candidates; thus it did not win one of the five allotted seats for the six competing nations.)

When electing candidates to the Human Rights Council, Member States shall take into account (1) the contribution of the candidate to the promotion and protection of human rights, and (2) the voluntary pledges and commitments made thereto. For example, in its bid for the 2025-2027 term, Thailand cited domestic successes such as the Universal Health Coverage scheme to ensure equitable access to healthcare services, and the adoption of the BCG economic model to counter climate change, biodiversity loss and pollution.

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So what promises did Thailand make to the international community prior to the election? 

Thailand has submitted numerous pledges accompanying its candidature to the HRC, consisting of promises at the national, regional, and international level. 

At the national level, it has pledged to, inter alia:

  1. “Take steps towards developing and revising legislation, policies and regulations to be in line with international human rights treaties to which Thailand is party and ensure effectiveness of the national implementation thereof.”
  2. “Take into account the recommendations received from the treaty bodies, the special procedures of the Human Rights Council and the recommendations accepted by Thailand during the universal periodic review in the formulation and implementation of policies and legislation.”
  3. “Promote constructive dialogue between the government and other stakeholders, including civil society and local communities, with a view to advancing the promotion and protection of human rights in the country.”

Thailand has also pledged to support the work of the Council:

  1. “Support the work of the Human Rights Council and other United Nations human rights mechanisms with the aim of improving the human rights situation on the ground on a non-discriminatory basis.”
  2. “Advocate for the non-politicization of human rights and further work to uphold the role of the Human Rights Council as a forum for constructive dialogue and promote the progressive role of the Council in preventing human rights violations and abuses on the ground.”
  3. “Engage constructively with and further promote the effective work of the special procedures of the Human Rights Council and take into account their recommendations to improve human rights situations around the world.” 

The full list of pledges can be found here.  

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How has Thailand engaged with the work of the HRC?

Regarding Thailand’s promise to support the work of the Council, it is important to look at what this “work” actually consists of. The Council is composed of several subsidiary bodies, expert mechanisms, and working groups which carry out different functions to support the overall mission of promoting and protecting human rights. The role, principles, objectives, and methods of these main bodies and mechanisms are outlined in Human Rights Council Resolution 5/1.

One important mechanism of the HRC is the Universal Periodic Review (UPR), in which UN Member States are reviewed by their peers for their human rights records every 4 and a half years. Thailand has participated in three UPR cycles (2011, 2016, and 2021), with the fourth cycle scheduled for 2026

Through the UPR, Thailand has received multiple recommendations from other Member States to amend Section 112 of the Criminal Code and guarantee freedom of expression and peaceful assembly.  Recommendations to amend Section 112 have all been  “noted”, not “supported”, by Thailand, with the government often citing “the support of the principle of maintaining a balance in the exercise of individuals’ rights without infringing upon others’ rights, national security, public order, and public health.” 

In addition to the UPR, the Council also establishes Special Procedures, made of independent experts that report to the Council on thematic and country-specific human rights issues. These Special Procedures can be individual experts (such as a Special Rapporteur) or a group of experts (such as a Working Group). All the Special Procedures are established by HRC resolutions, and every expert is appointed by the HRC.

Currently, there are 46 thematic mandates that carry out the work of the Council, with themes ranging from freedom of expression and human rights defenders, to the independence of judges and lawyers.

One of these mandates is the Working Group on Arbitrary Detention (WGAD), comprised of five experts that investigate cases of deprivation of liberty that are inconsistent with international standards. Since 2012, the WGAD has issued a total of 10 opinions to Thailand to address the issue of detention under Section 112. In all 10 opinions, the Working Group found that detention of individuals under Section 112 of the Criminal Code to be arbitrary, including the detention of “Tawan” and Anchan Preelerd. Therefore, the WGAD has made several requests to the Thai Government to “bring its laws, particularly Section 112 of the Criminal Code, into conformity with the recommendations made in the present opinion and the commitments made by Thailand under international human rights law.”

Other thematic mandates carrying out the work of the Council include the Special Rapporteur on the situation of human rights defenders and the Special Rapporteur on freedom of expression and opinion. Special Rapporteurs have repeatedly stated alarm over convictions under 112, emphasizing numerous times that the lèse-majesté law is inconsistent with Thailand’s international obligations. For example, earlier this year in March, the SR on the situation of human rights defenders, the SR on the Rights to Freedom of Peaceful Assembly and of Association, the SR on freedom of expression and opinion, and the SR on the Independence of Judges and Lawyers expressed “alarm” over the use of Section 112 to convict human rights lawyer Arnon Nampa: 

“We call on the Thai authorities to overturn Mr. Nampa’s conviction and drop the remaining charges against him […] we reiterate our long-standing call on the authorities to repeal the lèse-majesté law, bring the Criminal Code into line with international human rights standards, drop charges against those who are currently facing criminal prosecution and release those who have been sentenced for the sole exercise of their rights to freedom of expression.” 

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Has Thailand been on the Council before?

Thailand first gained a seat on the Council on 13 May 2010, four years after the Council was established. At the time, Thailand gained overwhelming support with a whopping 182 votes out of 193 member states of the United Nations. From June 2010 to June 2011, H.E. Mr. Sihasak Phuangketkeow of Thailand served as the HRC President of the 5th Cycle.

However, Thailand’s second bid for the Council was not nearly as successful. In October 2014, Thailand failed to obtain the requisite votes for a seat. Many speculate this result followed backlash from the international community following the military coup that overthrew the democratically elected government earlier that same year. The coup resulted in a subsequent abuse of laws, such as lèse-majesté, to suppress political opposition, resulting in a diplomatic fallout with the world shunning Thailand. 

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So, what’s next?

A seat on the Human Rights Council is a State’s opportunity to show the world its commitment to advancing human rights both domestically and internationally. Thailand’s success this week indicates that it has regained the trust of the international community, at least in part, in regard to its protection of human rights. In fact, Thailand topped the list in votes received for the Asia Pacific States with 177 votes, closely followed by Cyprus and Qatar with 167 votes apiece.

But before Thailand looks to follow through on its pledges to the international community, it should first address human rights violations on its own doorstep. Thailand was elected to the Council against the backdrop of ongoing political prosecution against its own citizens. Since July 2020, as of October 2024, almost 2000 people have been prosecuted for peacefully exercising their freedom of speech; 37 remain in detention. Of those prosecuted, 286 were children, one of which still remain in detention for actions committed in their youth. 

To stand by its pledges, and “adhere to the highest standards in order to uphold and protect human rights” (UNGA Res. 60/251), the Thai government must:  

  1. Cease political prosecutions and grant amnesty to people prosecuted for exercising their rights to freedom of expression and peaceful assembly, including those prosecuted under Section 112 (lèse-majesté) of the Criminal Code; 
  2. Release political prisoners who are currently in detention simply for expressing their political opinions;
  3. Amend Section 112 (lèse-majesté) of the Criminal Code and bring it into line with international standards; and 
  4. Cease all forms of harassment, judicial or otherwise, targeting children for exercising their rights to freedom of expression and peaceful assembly.

These recommendations are taken from the different bodies and mechanisms under the Council, which Thailand has pledged to support and whose suggestions it has promised to implement.

Read our official statement on Thailand’s successful election on the UNHRC here 

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