Page 121 - kpi17968
P. 121

110





               people who’ve been in conflicts, the needs for justice to be served
               is so real.  And, I think, they need to have better rule of law … the
               law they can believe that it’s just for them is very important.

                     Even though conflicts are normal phenomenon in any
               society, when conflicts arise, we need an institution or mechanism
               accepted by all to settle them peacefully.  And that is the role of
               the justice system. So, I can obviously see that trust in the justice
               system is the key element to peaceful society and the key to this
               ultimate lies in the principle of the rule of law.

                     However, looking back to reality in Thailand, there are many
               challenges in relations to the rule of law that we are facing.  The
               lack thereof causes newer problems beyond imagine.  And, today,
               I’d like to share with you my humble observation about the
               situation of the rule of law in Thailand through the courses of my
               work, both from the field of criminal justice and conflict.

                     The past political impacts in Thailand demonstrate the
               damaging effects that a weak rule of law can have on the quality
               of democracy and on the relationship between citizens and
               government.

                     In 2010 to 2012, I was assigned to join the Truth and
               Reconciliation Commission of Thailand or TRCT and, to seek
               truth and solutions for a political bloodshed in 2010.  And one
               thing we have found from long series of meeting is that all
               stakeholders, ranging from victims through society, business
               sectors, students, NGOs and government officials … was that, out
               of many factors contributed to the problems, the conflicts that we
               have, the rule of law plays a part in escalating the severity of the
               situation.  That was because the rule of law was a common claim
               from all sides of the conflicts.  One side demanded the other side
               to abide by the judicial decision from the court of justice or
               independent judicial institutions or in their view, to act in
               accordance with the rule of law.

                     The other side argued that decision in question or the
               process of investigation and judication did not come from the
               impartial, non-bias judication process.  And, as a result, the





                 การอภิปรายรวมระหวางผูแทนจากตางประเทศ
   116   117   118   119   120   121   122   123   124   125   126