E/CN.4/2002/24
page 43
106.
The Government states:
“Racism, racial discrimination, xenophobia and related intolerance are generally
not perceived as a serious problem in Thailand. Being a somewhat homogeneous country
with over 95 per cent of the population Buddhist, Thailand has long enjoyed national
unity and social harmony. Despite the Buddhist majority, Buddhism is not proclaimed as
the national religion. His Majesty the King is the patron of all religions practised in the
country.”
107. At the national level, the Constitution forthrightly condemns all forms of discrimination.
It states in section 30:
“All persons are equal before the law and shall enjoy equal protection under the
law. Men and women shall enjoy the same rights. Unjust discrimination against a person
on the grounds of difference in origin, race, language, sex, age, physical or health
condition, personal status, economic or social standing, religious belief, education or
political views shall not be permitted.
“Measures determined by the State in order to eliminate obstacles to or to
promote persons’ ability to exercise their rights and liberties like other persons shall not
be deemed as unjust discrimination under paragraph 3 …”
108. Section 43 of the Constitution states that “ a person shall enjoy an equal right to receive
basic education for a duration of not less than 12 years, which shall be provided by the State
thoroughly, of good quality and without charge”. Section 10 of the National Education Act
(1999) states likewise, with a view to fully implementing the Constitution. In practice, the Thai
Ministry of Education strives to provide education for all citizens on an equal basis, without
discrimination as to ethnic or racial origin. To solve the problem of education for children
without household registration, children of the highland people who have not acquired Thai
citizenship and children of displaced persons from neighbouring countries, the Thai Ministry of
Education issued a ministerial decree concerning necessary documents for school admission
(1992) and guidelines on education for children without household registration and non-Thai
children. Moreover, all prisoners, regardless of their nationality, have equal access to informal
education provided by the Department of Non-Formal Education of the Ministry of Education
and by open universities. Limited scholarships are also offered to prisoners, based on their study
performance. Foreign prisoners have also been granted such scholarships to pursue higher
education in open universities.
109. With regard to cultural preservation, section 46 of the Constitution states that “Persons so
assembling as to be a traditional community shall have the right to conserve or to restore the
customs, local knowledge, arts or good culture of their community and of the nation and
participate in the management in a balanced fashion and persistently provided by law”. In this
regard, the Ministry of Education has set up in each province a cultural council to serve as a
focal point in the promotion and preservation of local and national cultures.