Thailand: Still No Sign of Commitment to Democracy and Fundamental Rights
By: Napat Rungsrithananon
Tags: Southeast Asia, Politics, Thailand, Human Rights, Democracy

On 22 May 2014, the Thai military seized power from the democratically elected government led by Yingluck Shinawatra and formed the National Council for Peace and Order (NCPO) to take control of the country.

General Prayuth Chan-ocha, the army chief, defended the coup as necessary due to “the violence in Bangkok and many parts of the country that resulted in loss of innocent lives and property” while vowing to restore order and enact political reforms to lead Thailand back to democracy.

Shortly, following the coup, Gen Prayuth declared that the elections would be held in 2015 only to have it postponed to early 2016. Four years later, with four promises of election broken, there is yet to be any sign of government’s genuine commitment to democracy and human rights. Despite the spectacles put on by the government — e.g. the event hosted at the Government House to promote national human rights agenda in February 2018 and a recent declaration of human rights as a driving force behind Thailand 4.0 — the government continues to wield unchecked power with impunity, further crack down on all its critics and introduce measures that undermine fundamental rights.

For instance, the government routinely enforces censorship and blocks public discussions about the state of human rights and democracy in Thailand. Back in February 2018, Peace TV, for example, was forced off the air for 15 days for criticising the military rule.

In spite of the international human rights law — which is set out by the International Covenant on Civil and Political Rights (ICCPR) and which has been ratified by Thailand since 1996 — public gatherings of more than give people are not permitted, and criminal charges have been employed against objectors, dissidents and activists. May 2018, for instance, saw 14 pro-democracy activists — who peacefully expressed opposition to the military rule — detained and charged with sedition — which carries a maximum seven-year prison term — as they held a peaceful rally in front of the UN compound to mark the fourth anniversary of the 2014 coup.

The following month saw Prawet Prapanukul, a human rights lawyer, sentenced to 16 months in prison as a Thai court found him guilty of sedition for the material which he posted on Facebook about Thailand’s 1932 revolution.

Besides the use of criminal charges, the junta has also engaged in different forms of intimidation. Thousands, for example, have been summoned to be pressured, while others are secretly detained up to seven days without charge and without access to lawyers or safeguards against mistreatment.

To make matters worse, the new junta-sponsored constitution — which has come into effect since March 2017 and which was voted through through a completely absurd referendum that banned any campaign against or discussion about the charter — ensures that members of the ruling NCPO will not be held accountable for any rights violations committed since taking power. The charter guarantees the military’s influence and control over the government even after an election — whenever that may be — while limiting the power of politicians and parties subjectively deemed by the junta as corrupt.

Under the new constitution, the constitutional court, notorious for destabilising the previous elected governments, is also further strengthened as an instrument to derail civilian governments, for instance, should they fail to conform with the “20 Year Plan” set by the junta.

Rather amusingly, this constitution also contains voluminous 279 sections. It stands in sharp contrast with the minimalist US constitution, which consists of only four sections and seven articles, and which still manages to cover all essential tenets of democracy.

Hence, judging from everything that has been going on since May 2014, Thailand is nowhere near where the junta promised, namely a rights-respecting democratic country The military continues to disrespect and undermine what are fundamental rights in a democracy, and exhibit no sign of intention of easing its oppressive rule. They continue to preside over deepening rights crisis.

It is therefore crucial that the international community continues to exert pressure on the junta. While it may be tempted to ignore Thailand as just another same-old tragedy against the backdrop of Southeast Asia’s descend into authoritarianism, overlooking the ongoing rights abuses in Thailand will only send a dangerous message to its neighbours, such as Myanmar, Cambodia and the Philippines.

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