PUBLIC AWARENESS, ACCESS TO RIGHTS, AND CHALLENGES IN THE ENFORCEMENT OF THE PREVENTION AND SUPPRESSION OF TORTURE AND ENFORCED DISAPPEARANCE ACT B.E. 2565 (2022) IN THE SOUTHERN BORDER PROVINCES OF THAILAND

Abstract

This study purposes to: 1) Examine the background, problems, and obstacles in the implementation of the Prevention and Suppression of Torture and Enforced Disappearance Act B.E. 2565 (2022) in the Southern Border Provinces of Thailand; 2) Analyze the level of public awareness and access to rights under the Act; and 3) Recommend the guidelines for amendment the law enforcement and enhancing public awareness of rights in the area. This research applies a mixed-methods approach, including: 1) Documentary research; 2) In-depth interviews, comprising 4 interviews from the part of law enforcement administrators, 12 of law enforcement officers, and 8 members of the general public; 3) Focus group discussions with 32 law enforcement officers and 32 members of the public; and 4) A questionnaire survey of 200 people in the target areas. The study was conducted in Narathiwat, Pattani, Yala, and four districts of Songkhla Province (Chana, Na Thawi, Thepha, and Saba Yoi). From the survey, we indicated that public legal awareness remains limited, particularly in terms of in-depth understanding of rights guaranteed under the Act. For instance, during detention, audio-visual recording procedures, and complaint mechanisms. Meanwhile, law enforcement officials face challenges related to the ambiguity of legal provisions, resource constraints, and concerns over legal liability, which hinder the effective implementation of the law. Consequently, the study proposes the development of context-sensitive communication strategies on legal rights that are aligned with the linguistic and cultural characteristics of the area, the strengthening of law enforcement officials’ capacity in both legal knowledge and human rights principles, and the promotion of participation from civil society and independent organizations. These measures are expected to enhance both public awareness and effective access to legal rights in practice.