ARTICLE 19 makes this joint statement on behalf of 17 organisations. We thank the High Commissioner for his global update. We encourage the High Commissioner to continue to lend his voice to the calls of Thai civil society for the Thai government to undertake comprehensive constitutional reform.
Thailand recently began its three-year term as a new member of this Council. This seat comes with the responsibility to uphold high human rights standards and lead by example.
The Thai Constitution remains a primary enabler of human rights violations at home. It was drafted and ratified without proper checks and balances, critically undermining democratic processes.
The Constitution leads to widespread violations of the rights to freedom of expression and peaceful assembly, with broad and vaguely-defined restrictions to these rights under the guise of national security and public interests. In particular, 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. This law has been upheld by the Constitutional Court based on language in the Constitution despite it being fundamentally out of line with international human rights law.
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.
We urge the Thai government to drop charges against and release individuals who simply exercised their rights to freedom of expression and peaceful assembly, and to promptly undertake constitutional reform, ensuring that the drafting process of a new constitution is comprehensive and fully aligned with international human rights law and standards. The government should conduct a nationwide election to select the constitution drafting committee, and hold open, inclusive and meaningful dialogue and consultations throughout the drafting process, ensuring all voices are heard and considered.
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)
- Democracy Restoration Group (DRG)
- EEC WATCH
- Internet Dialogue on Law Reform (iLaw)
- Landers
- LAND WATCH THAI
- 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)