In January 2025, Thailand began its three-year term as a new member of the United Nations Human Rights Council. We, the undersigned human rights organisations, call on the government of Thailand to now demonstrate its commitment to human rights at home, including by undertaking comprehensive constitutional reform.
The Human Rights Council is the United Nations’ premier body responsible for the promotion and protection of all human rights around the globe. Its 47 elected members carry the responsibility to uphold high human rights standards and lead by example.
During its candidacy, the government of Thailand made several pledges to protect human rights at home. These included revising legislation, policies, and regulations to align with international human rights law, and promoting constructive dialogue between the government and other stakeholders, notably civil society. Now that the government has secured its seat, these pledges must become a reality.
The Thai Constitution remains a primary enabler of human rights violations and a major barrier to fulfilling these pledges at home. The Constitution was drafted and ratified without the proper checks and balances, legitimising the military junta and undermining democratic processes.
The Constitution established an unelected Senate and provides power to senators to override elected officials to obstruct the amendment or reform. Furthermore, the judges of the Constitutional Court, Election Commissioners, Anti-Corruption Commissioners, and other bodies with the authority to impeach the government are selected from within their own ranks and approved by senators. Under this system, the old regime can maintain its power, forcing all elected political parties to align with it to remain in the government – lest they risk being dissolved or legally but unjustly disqualified. Although Thai people have the right to vote, this structure renders their votes nearly meaningless.
The Constitution paves the way for widespread violations of the rights to freedom of expression and peaceful assembly, with broad and vaguely-defined restrictions under the guise of national security and public interests. Section 112 of the Criminal Code, commonly known as the lèse-majesté law, is a draconian law that carries a sentence of between three and 15 years in prison for defaming the monarchy. It is routinely used to prosecute journalists, human rights defenders and other civil society actors. The Constitutional Court has upheld the law, citing the aforementioned broad and vaguely-defined restrictions, despite it being fundamentally out of line with international human rights law. In effect, lèse-majesté has been codified constitutionally.
Since November 2020, at least 276 people have been charged under Section 112 simply for exercising their right to freedom of expression or peaceful assembly.
The Pheu Thai Party, the leader of the current government coalition, has repeatedly pledged to draft a new constitution, but has so far shown little political will to follow through.
As Thailand assumes its role as a new member of the UN Human Rights Council, the undersigned organisations urge the government of Thailand to demonstrate its commitment to human rights by:
- Ensuring that the drafting process of a new constitution is fully aligned with international human rights law and standards;
- Conducting a nationwide election to select the constitution drafting committee;
- Guaranteeing that no chapters or topics are excluded from the drafting process, allowing for comprehensive reform;
- Facilitating open, inclusive and meaningful dialogue and consultations throughout the drafting process, ensuring all voices are heard and considered; and,
- Dropping charges against and releasing individuals prosecuted solely for exercising their rights to freedom of expression and peaceful assembly.
We sincerely hope that the government will take meaningful steps to address the human rights crisis at home and stand ready to engage in constructive dialogue to support such efforts.
Signed by:
- ARTICLE 19
- Asian Forum for Human Rights and Development (FORUM-ASIA)
- Campaign Committee for People’s Constitution (CCPC)
- Constitution Advocacy Alliance (CALL)
- CIVICUS
- Cross Cultural Foundation (CrCF)
- EEC WATCH
- Internet Dialogue on Law Reform (iLaw)
- Landers
- LAND WATCH THAI
- Law Long Beach (LLB)
- Legal Advocacy Center for Indigenous Communities (LACIC)
- Northern Activist Community (CAN)
- Northern NGO Coordinating Committee On Development (Northern NGO-COD)
- THAI LAWYERS FOR HUMAN RIGHTS CENTER (TLHR)
- Workers’ Union
- World Organisation Against Torture (OMCT)