Summary of Keynote Speech and Summary of panel discussion: “Diary of the People” exhibition, on 24-25th May, 2024 in the forum of “Hope In The Midst of Pain: The Endless Loop of Political Violence Through the Experience of Affected Individuals”

Summary of Keynote Speech: “Transitional Justice in the context of Thailand” 

Speaker: Assoc.Prof.Dr. Prajak Kongkirati, Department of Political Science, Thammasat University

On 24 May 2024, during the event titled “Hope In The Midst of Pain: The Endless Loop of Political Violence Through the Experience of Affected Individuals” 

Transitional justice emerged as a critical global issue since the end of the Cold War, starting in the 1990s (during the transition from the government of General Prem Tinsulanonda to General Chatchai Choonhavan’s administration). This period marked widespread discussions on human rights principle and the broadening of democratic concepts. Nations and international organizations began focusing not just on establishing democratic forms of government, but also on ensuring respect for human rights and addressing past atrocities committed by states against their citizens. This increased attention has elevated the importance of transitional justice as a global concern.

Transitional justice seeks to establish justice in societies emerging from dictatorship, where widespread violations of human rights by the state have occurred, aiming towards greater democracy.

Human rights violations vary in nature across societies. Therefore, the mechanisms for transitional justice must be tailored to each society, as there is no one-size-fits-all formula for success. Flexibility is essential.

If there is no political transition,it is almost impossible to have transitional justice happens (transition means change of regime)

Goal: the goal to achieve transnational justice is not only creating an idealistic society according to democratic values, but according to democratic regimes with “rule of law” and “sustainable peace”

Objective: 

1. Reform and provide reparation for previous state violence.
2. Prevent such actions from occurring again.
3. Restore the rule of law in a democratic and peaceful society.

The term “justice” in this context has far-reaching ramifications from a variety of viewpoints, including society, economy, and culture.

Missions: Transitional justice is a task that every segment of society, including the state, must work towards. It demands political willpower, and social consciousness. Aside from that, the task must include the 5 elements below.

1.The process involves investigating, prosecuting, and punishing those involved. 

2. In order to reveal the truth to the victims, their families, and society, the facts and reasons must be accurately and comprehensively understood.

3. Providing appropriate assistance, reparations, and compensation

4.Government agencies ought to screen out personnel with a history of human rights violations. We need to restructure security services to ensure individuals can effectively carry out their tasks in accordance with human rights values.

Tools and mechanisms that facilitate transitional justice include:

1. Truth-seeking: Form a truth commission.

2. Prosecution

3. Reparation

4. Institutional reform

5. Amnesty: It must rely on the collective political will of the administrative, legislative, and judicial branches

The majority of nations seeks to develop a process for prosecuting persons who commit acts of violence. Several consider it is the most important mechanism because its success can prevent a culture of impunity and future human rights violations.

Key considerations in prosecuting those responsible for violence include:

1. Who should be prosecuted?

2. Statute of Limitations

3. How to address past amnesty laws?

4. Political factors

5. The type of court

The primary mission of the truth comission is to establish basic facts and analyse the root causes within economic, social, and cultural structures.

Compensation and reparations for victims and their families, including financial support, essential items, and basic necessities, are crucial for them to continue their lives. Equally important is the state’s acknowledgment and acceptance of their situation.

Institutional reform, especially within security-related institutions, is crucial during the transition period. It’s important to instil the concept of human rights in government officials so they consider not only the state’s security but also the security and value of human lives. Training should be provided on facilitating public assembly in an international and civilised manner. The military and security agencies must be reformed to become more democratic. These areas remain weak in Thai society.

Amnesty is very important in the current context of Thailand, grounded in two principles: resolving conflicts and restoring justice. However, amnesty is not easily implemented; it is a mechanism that is widely debated in every society and remains a delicate matter.

We must avoid a broad amnesty over every group of people. The following criteria are used to determine whether to grant amnesty.

1. Are the offences connected to political conflict? (Political motivation)

2. Was violence used? If the actions were peaceful or symbolic, amnesty should be granted. (Violence)

3.How much harm did using violence cause? (Impact of violence)

State violence and human rights violations have long marked Thailand. While there has been some truth-seeking regarding state crimes, it is neither thorough nor comprehensive, and state leaders have never faced prosecution. Compensation and reparation are minimal and lack priority, particularly concerning human dignity. There has never been an apology from a head of state for past rights violations, nor has there been any reform of security agencies to address human rights issues. Double standards often accompany the implementation of amnesty.

Key obstacles in Thailand: Thailand’s primary challenges in establishing transitional justice:

1. We have never experienced a complete democratic transition. The elites who have been involved in violence still wield significant power within the system.

2. The culture of impunity remains deeply entrenched in Thai society.

3. The government still lacks the determination to advocate for transitional justice.

4. Social awareness remains limited.

Creating justice during the transitional period is a vital mission for any government aspiring to establish true democracy. Democracy should encompass more than just elections; it should involve creating a society where all individuals are equal and governed by rule of law. Transitional justice strengthens democracy, helps prevent coups, and enhances the legitimacy of the democratic government itself.

Transitional justice is fundamentally about building a society where everyone can coexist peacefully—a society based on the rights, freedoms, and equality of all Thai people.”

Summary of panel discussion: “Diary of the People” exhibition, on 25th May, 2024 in the forum of “Hope In The Midst of Pain: The Endless Loop of Political Violence Through the Experience of Affected Individuals”

Speakers:

1. Gerda Liebmann
2. Indria Fernida (Asia Justice and Rights)
3. Anon Chawalawan (The Museum Of Popular History)

Moderator: Nattamon Supornvate

Please introduce yourself and share what you are currently working on.

Gerda Liebmann: I am an independent artist who uses art as a means of communication to help people. I have had the opportunity to work with refugee groups from many different countries. The workshops often guide people to reach deep within themselves and express their innermost feelings. My mission is to provide a safe space for healing and help mend broken hearts. This is the essence of my work.

Indria Fernida: 

• Actually, I am not an artist, but a lawyer, and I have had the opportunity to use art as a way to address human rights violations.
• When working with survivors, it is important to respect them by recording their stories in a way that makes them feel included. This approach is the foundation of participatory research. Survivors receive treatment through various methods, including writing and drawing their own pictures. There is healing of wounds and a renewal of hope through painting on canvas.

Anon Chawalawan:

• The idea of establishing the Museum of Popular History was born from the desire to fill the gaps in Thai history, particularly in terms of historical evidence.
• If you visit the National Museum of Thailand, most of the objects on display belonged to the elite class. What is missing are representations of ordinary people’s lives, which are absent from the museum and textbooks. This gap inspired me to take action.

What activities did you conduct last December? What inspired the various artworks in the room and the selection of activities? What changes occurred, or what outcomes were observed by the participants?

Gerda Liebmann: 

• The art surrounding the room is called Triptych. Each piece consists of three parts: Part One: Stories from the Past. Part Two: What is Your Current Life Like? How Do We Deal with the Past in the Present? Part Three: How Do You Want to Move Forward in the Future? Triptych is a powerful storytelling tool, providing a visible way to express ourselves. At the end of the activity, everyone will have a chance to share their stories. This process can be very healing, as some people have never had the opportunity to share what happened to them. Standing in front of their friends and telling their life story from deep within is a powerful way to share and connect.
• Initially, everyone starts with a feeling of embarrassment, thinking, “I’m not an artist, I’m not a painter.” But everyone must overcome their own fear and shyness to draw. As time passes, they become absorbed in their work. The room becomes very quiet because everyone is focused on the problem they want to express. This is very powerful because it’s not always easy to externalise internal problems. Yet, that’s exactly what they do, and we support them by providing paper, paint, glue, and tools for their creations. We don’t expect the final work to look like a professional artist’s piece. The goal is simply to express their inner feelings on a sheet.

What activities do you conduct with the participants? What were the outcomes and what changes have occurred?

Indria Fernida: 

• I believe that collaborating with various artists offers many advantages for groups advocating for human rights.
• Examples of the work that has been done include various forms such as animation, embroidery, storytelling, and creating diverse graphic works like digital artwork to communicate various issues. This format resonates well with the new generation. Body mapping is also used, showcasing pain and the ability to heal regardless of the circumstances. These are not just artworks; they also serve as a means to release inner pain.
• Initially, we take things that they are interested in or do regularly and turn them into artworks, such as embroidery on blankets using stitched-together fabric. The results show that affected individuals can indeed create meaningful artworks that effectively document their stories. Artworks themselves become narratives of their experiences. Instead of repetitive interviews, inviting them to create art can be a transformative approach.

Where do the various items displayed in the museum come from? What criteria are used to select pieces for display?

Anon Chawalawan: 

• Most of them are signs, shirts, or other items left on the ground, and we usually collect them after protest events have ended.
• Initially, trust must be established. Without trust, people won’t bring items to us. Initially, we started by collecting items as a personal collection. Over time, we realised that creating stories around these items is crucial; without a story, they lack meaning. Especially for people from different contexts and areas, understanding these items without a story would be meaningless. Alongside collecting various items, we also gather diverse stories. Since the 2014 coup, several organisations have helped document stories, particularly about the political situation. These collected stories, both through items and narratives, have been invaluable. Gradually, these stories have formed the backbone of our exhibitions. Stories give power to the items and build trust among people, encouraging them to contribute more. The exhibitions in our museum are enriched by these stories, enhancing communication power. Preserving these historical narratives will greatly benefit Thai society in the future.
• Actually, there are no absolute criteria for selecting items to display. The museum aims to present an unbiased overview of events, showing what truly happened without bias or endorsement. Visitors are encouraged to form their own judgments about which version of events they believe.
• And of course, I cannot attend every gathering and collect information or receive items from everyone each time.

In addition to Triptych and Mandala, are there any other artistic techniques used, and what are they? How do they differ from what we did in December with activists?

Gerda Liebmann:

• Additionally, there is body mapping, which has been utilised with various groups of people. I believe it can be particularly effective with groups who have experienced torture. It allows them to visually represent where they are hurting and express themselves more easily and clearly.

What are the next steps for using these arts to drive policy change?

Indria Fernida:

• Our main objective is to positively impact the lives of those affected by documenting and transforming their stories. However, I am concerned about the support and assistance needed. Often, individuals must become artists themselves, despite not having artistic backgrounds. Not many professional artists may be involved. The process begins with dialogue to establish mutual understanding, using narratives to convey their stories effectively. Our campaigns must tell stories that resonate and connect with our audience on an emotional level. It’s not just about art; it’s about the powerful stories behind it.

Everyone works in different contexts, but our goal is the same. What obstacles and challenges have you encountered?

Indria Fernida:

• As I mentioned earlier, initially, I was in the community and understood that many artists wanted to participate. We need to maintain our momentum and collaborate effectively. By creating common ground, we can have a positive impact on society and encourage more artistic works. Currently, we haven’t faced any challenges because we are unified in our common goal.

Gerda Liebmann:

• The challenge lies in the emotional engagement of the participants and language barriers. However, we were fortunate to have an interpreter who did an excellent job bridging these gaps.

Anon Chawalawan: 

• The first challenge is the vast number of historical events that need to be documented, along with many unavailable objects, some of which are impossible to procure. I cannot handle everything alone; it requires cooperation from everyone. Building trust with people who possess these items would be beneficial. The next challenge is effectively communicating stories through these objects. Many items have unknown histories, making it challenging to curate meaningful displays. Initially, we prioritise items with clear stories for exhibition. Currently, I am the one who knows about these stories, as my colleagues are still new to this field. I worry that any unforeseen circumstances affecting me could impact the museum’s ongoing management.