Thailand
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Thailand: Government must immediately and unconditionally drop royal defamation charges against youth activists
CIVICUS: World Alliance for Citizen Participation and Asia Democracy Network are alarmed by the ongoing judicial harassment against youth pro-democracy activists in Thailand for exercising their rights to expression and peaceful assembly.
As the State Party to the International Covenant on Civil and Political Rights (ICCPR), Thailand should guarantee an enabling environment for the public, including human rights defenders and activists, to convey their legitimate criticism instead of criminalising them.
Two youth pro-democracy activists, Netiporn 'Bung' Sanesangkhon and Nutthanit' Bai Po' Duangmusit, were detained on 3 May 2022 after the Court revoked their bail for their involvement in conducting two polls on the monarchy in February and March 2022. Their requests for bail have been denied.
Recently, the Court granted bail for two other youth activists facing royal defamation charges (Section 112 or Lese Majeste). Activist, Tantawan 'Tawan' Tuatulanon, was granted bail on 26 May 2022 but ordered to wear a monitoring device and not leave her house premises without a court order. Tawan is known for her affiliation with the pro-democracy Draconis Revolution group, continuously advocating to abolish Section 112 (Lese Majeste). She was detained in March 2022 for questioning the monarchy in a live streaming broadcast on social media and faces five counts of resisting officers in the execution of their duty, violating the Computer Crimes Act and royal defamation. While she was initially given bail it was revokedon 20 April 2021 after the police claimed that she had attempted to commit a similar offence following a Facebook post commenting about a royal motorcade and going near the motorcade. Following the prolonged detention by the Court, she went on a 30-day hunger strike. On 20 May, the Ratchadaphisek Criminal Court denied her bail again after prosecutors said they had just received a case file.
The other activist, Sophon 'Get' Surariddhidhamrong was arrested on 1 May 2022 for giving a critical speech during a protest march in the Ratchadamnoen area 10 days earlier. He was denied bail by the South Bangkok Criminal Court and was in a hunger strike for 22 days before the bail granted on 31 May. He faces two other royal defamation charges for his speeches in the Chakri Memorial Day Protest in April and the Labour Day rally on 1 May. Despite being granted bail, the royal defamation charges against Tawan and Get remain.
The cases add to the long list of prosecution under Section 112, which the Thailand Prime Minister revived in 2020 after not being used for three years. Statistics from the Thai Lawyer for Human Rights (TLHR) have revealed that at least 190 individuals had been subjected to royal defamation charges between 18 July 2020 and 30 April 2022. At this time, apart from the activists mentioned, at least 5 others are still detained awaiting trial - namely Weha Sanchonchanasuk (since 10 March), Kataporn (since 10 April), Kongphet (since 10 April), Parima (since 11 April) and Pornpoj Chaengkrachang (since 11 April). Also, two activists, Ekkachai Hongkangwan and Sombat Thongyoi, who have sentenced to imprisonment are currently in the appeal process.
The royal defamation charges are not the only law the Thailand government has used to stifle fundamental freedoms such as the freedom of expression and peaceful assembly. Other draconian provisions used include sedition charges under Section 116, charges under the Emergency Decree, charges under the Public Assembly Act, Computer Crime Act, and Contempt of Court, to name a few.
The prolonged pre-trial detention under the royal defamation charge violates Thailand's international human rights obligation under the ICCPR. Article 9 of the Covenant stipulates the State Party's obligation to conduct a trial on criminal offences within a reasonable time. Detention for those awaiting trial should not be mandatory for all defendants charged with a particular crime. Further, the state is obligated to re-examine if the pretrial detention has to be continued, whether it is reasonable and necessary for lawful purposes in the light of possible alternatives. The arrest or detention of legitimate activities of exercising guarantees rights, such as freedom of expression, is considered arbitrary.
Our organisations call for the immediate and unconditional release of these activists and for the government to guarantee a safe and enabling environment for Thai people to express their opinion without fear of reprisal. This includes abolishing provisions and laws, including on royal defamation and sedition charges which are often used to stifle critics.
Civic space in Thailand is rated as "Repressed" by the CIVICUS Monitor
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Thailand: Government must respect and protect the rights of demonstrators
We, the undersigned organizations, condemn the Thai police’s unnecessary and excessive use of force against peaceful protesters marching to the national parliament in Bangkok on November 17, 2020. We are concerned that authorities could employ similar measures when facing protesters who have declared they will march to the Siam Commercial Bank headquarters on November 25.
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Thailand: Halt prosecution of pro-democracy activists and protesters
His Excellency Somsak Thepsuthin
Minister of Justice
Ministry of Justice,
The Government Complex,
Chaeng Wattana Rd., Laksi Bangkok 10210
ThailandThailand: Halt prosecution of pro-democracy activists and protesters
CIVICUS: World Alliance for Citizen Participation is a global alliance of civil society organisations (CSOs) and activists dedicated to strengthening citizen action and civil society around the world. Founded in 1993, CIVICUS has more than 10,000 members in more than 175 countries throughout the world.
We are writing to you with regards to our concerns around civic freedoms in Thailand. Since the beginning of 2021, scores of activists and critics have been charged for lèse majesté, sedition and other violations. Cases we are particularly concerned by include:
- On 19 January 2021, a woman was jailed for 43 years for criticising the royal family online. Anchan Preelert, a food seller and former civil servant, faced 29 counts of “insulting the monarchy”, or lèse majesté, under Article 112 of Thailand’s Criminal Code and provisions of the Computer Crime Act[1]. She was arrested in January 2015 and detained for nearly four years until November 2018, when she was released on bail. Anchan was initially detained incommunicado in a military camp for five days before her transfer to a detention facility. She was repeatedly denied bail.
- On 9 February 2021, the authorities indicted[2] pro-democracy activists Arnon Nampha, Parit Chiwarak, Somyot Pruksakasemsuk, and Patiwat Saraiyaem on lèse majesté charges for their onstage speeches during a September 2020 political rally. Each accused faces up to 15 years in prison if convicted. The activists were also charged with sedition under Article 116 of the penal code, which carries a penalty of up to seven years in prison. The four have pleaded not guilty to the charges. The Bangkok Criminal Court also denied bail requests and ordered the activists into pretrial detention. The order could condemn them to detention for years until their trial is concluded. Somyot Pruksakasemsuk and Parit Chiwarakan were granted bail on 23 April and 11 May 2021 respectively.[3]
- On 8 March 2021, three activists - Panusaya “Rung” Sithijirawattanakul, Panupong “Mike” Jadnok and Jatupat “Pai” Boonpattararaksa - were charged with lèse majesté and denied bail in connection with a demonstration in Bangkok in September 2020. The activists were also charged with sedition. Panusaya “Rung” Sithijirawattanakul and Jatupat “Pai” Boonpattararaksa have since been released on bail. 15 other activists were also charged for their involvement in the pro-democracy protests, including with sedition or organising illegal gatherings, and granted bail. [4]
- On 1 April 2021, prosecutors indicted five pro-democracy activists on charges of ‘attempting to harm the queen’ during a street demonstration in October 2020, during which some protesters shouted slogans critical of the monarchy. The five – veteran activist Ekachai Hongkangwan, Mahidol University student Bunkueanun Paothong, Suranart Paenprasert and two others - pleaded not guilty in a Bangkok criminal court to violating section 110 of the criminal code, which states that whoever attempts an act of violence against the queen or the royal heir faces 16-20 years’ imprisonment. All five deny any wrongdoing and were released on bail. Queen Suthida was not in any evident danger in the incident, which occurred when a limousine carrying the queen passed through a small crowd of protesters.[5]
- On 24 May 2021, the Central Juvenile and Family Court informed 17-year-old Thanakorn Phiraban that he had been indicted on lèse majesté under charges related to his speech at a pro-democracy rally in December 2020 in Bangkok.[6]
In February 2021, UN human rights experts said lèse majesté laws have “no place in a democratic country.” They expressed serious concerns about the growing number of lèse majesté prosecutions and harsh prison sentences that courts in Thailand have meted out to some defendants.[7]
We are also concerned about attempts to restrict protests which resumed in February 2021 and the use of excessive force by the security forces.
- On 28 February 2021, authorities barricaded[8] a road facing a compound of army barracks in an attempt to block pro-democracy protesters who had marched from Victory Monument in Bangkok to military barracks on Vibhavadi Rangsit Road, housing the prime minister’s residence. Razor wire was placed to prevent pedestrians from using the bridge in front of the barracks. The Thai police shot rubber bullets and used water cannon and tear gas against the protesters; in response, protesters threw bottles and other objects at the police. At least 16 people were injured.[9]
- On 20 March 2021, scores of people were injured and arrested in Bangkok after police used water cannon, tear gas and rubber bullets to break up a rally by pro-democracy protesters calling for the release of detained activists, constitutional changes and reform of the nation’s monarchy.[10] The organisers of the rally had said they planned to have demonstrators throw paper planes with messages over the palace walls. Thai Lawyers for Human Rights, a watchdog organisation, reported 32 detained. Among those arrested were seven unaccompanied minors. They faced six charges, which include breaking the Emergency Decree’s ban on mass gatherings, causing public disturbance and resisting arrests. At least 33 people were reported injured, including 13 police officers and two reporters were hit by rubber bullets.
These actions are inconsistent with Thailand’s international obligations, including those under the International Covenant on Civil and Political Rights (ICCPR) which Thailand ratified in 1996. These include obligations to respect and protect fundamental freedoms which are also guaranteed in Thailand’s Constitution.
As such, we urge Thai authorities to take the following steps as a matter of priority:
- Immediately and unconditionally drop all charges against the pro-democracy protesters and lift all restrictions on the exercise of their human rights;
- Pending their release, ensure that they are protected from torture and other ill-treatment and have regular access to lawyers of their choice, their family members and to medical care;
- Revoke emergency measures imposing restrictions on the rights to freedom of assembly and expression
- Create a safe and enabling environment for activists, human rights defenders and other members of Thailand’s civil society to peacefully exercise their rights to freedom of expression, association and peaceful assembly without intimidation, harassment, arrest or prosecution
We express our sincere hope that you will take these steps to address the human rights violations highlighted above.
Yours sincerely,
David Kode
Advocacy & Campaigns Lead.
CIVICUS: World Alliance for Citizen ParticipationCc:
Mr. Wongsakul Kittipromwong
The Attorney General of the Kingdom of ThailandHis Excellency Don Pramudwina,
Foreign Minister of the Kingdom of ThailandHis Excellency Sek Wannamethee, Ambassador and Permanent Representative
Permanent Mission of Thailand to the United Nations----------------------------------------------------------------------------------------------------------------
[1] ‘Thai woman jailed for record 43 years for criticising monarchy’, BBC News, 19 January 2021
[2] ‘Four Thai Activists Denied Bail Ahead of Next Month's Trial’, VOA News, 9 February 2021
[3] ‘Thai Court Grants Bail to Pro-Democracy Activist on Hunger Strike’, Benar News, 11 May 2021
[4] ‘3 More Thai Pro-Democracy Protest Leaders Jailed on Royal Defamation Charges’, Benar News, 8 March 2021
[5] ‘Thailand pro-democracy activists charged over protest near queen's motorcade’, The Guardian, 1 April 2021
[6] ‘Thailand: Child Prosecuted for Insulting Monarchy’, Human Rights Watch, 27 May 2021
[7] ‘Thailand: UN experts alarmed by rise in use of lèse-majesté laws’, OHCHR, 8 February 2021
[8] ‘Police clash with protesters, rubber bullets, tear-gas fired’, Thai PBS, 28 February 2021
[9] ‘Thai protesters, police clash near PM’s residence’, Al Jazeera, 28 February 2021
[10]‘Thailand protests: scores injured as police clash with pro-democracy activists’, The Guardian , 21 March 2021
Civic Space in Thailand is rates as Repressed by the CIVICUS Moitor
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Thailand: Immediately repeal emergency regulation that threatens online freedoms
🇹🇭#Thailand: Joint statement by 1⃣7⃣ international CSOs calling on the authorities to immediately repeal emergency regulation that threatens online freedoms. This regulation is incompatible with international law on freedom of expression & information.
— CIVICUS (@CIVICUSalliance) August 3, 2021
📄https://t.co/Ghqzvpctoy pic.twitter.com/dWgzBo1WhMSeventeen (17) international human rights organisations today denounced the Thai government’s newly announced Regulation No. 29, which empowers the authorities to censor online expression, and investigate and prosecute individuals responsible for communications that may “instigate fear”. The Regulation is the government’s latest attack on the right to freedom of expression and information in Thailand.
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Thailand: NGO law would strike ‘severe blow’ to human rights
The Thai authorities’ adoption of a draft law to regulate non-profit groups would strike a severe blow to human rights in Thailand, several international organizations said today. The bill is the latest effort by the Thai government to pass repressive legislation to muzzle civil society groups and non-governmental organizations (NGOs).
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Thailand: Release human rights defender Mongkorn ‘BusBas’ Thirakot, repeal royal defamation law
Photo credit: Thai Lawyers for Human Rights (TLHR)
The Asian Forum for Human Rights and Development (FORUM-ASIA), CIVICUS: World Alliance for Citizen Participation, and Asia Democracy Network (ADN) strongly condemn the conviction of Mongkorn ‘BusBas’ Thirakot, a 30-year-old activist and online clothing retailer from Chiang Rai.
BusBas has been sentenced to an unprecedented 50 years in prison–the longest in Thailand’s history–for his remarks on the monarchy. This marks the most severe sentence ever issued under Thailand's draconian lèse-majesté (royal defamation) law, surpassing the previous record set in 2021 when a woman received a 43-year sentence.
Civic space in Thailand was rated as ‘repressed’ by the CIVICUS Monitor.
Our organisations express solidarity with BusBas and all pro-democracy defenders in Thailand. We call upon the Thai authorities to release activists, to repeal the lèse-majesté law, and to refrain from further undermining people’s fundamental rights and freedoms.
Suppressing Freedom of Expression
Arrested in April 2021, Bas was initially sentenced to 28 years in January for 14 counts of royal defamation for Facebook posts he made three years ago. On 18 January 2024, the Appeals Court affirmed the original conviction and added 11 more violations to his charges. For each violation, a 3-year imprisonment term was imposed. Considering the defendant's cooperation, a one-third reduction was granted, culminating in a total of 22 years in prison under Article 112 of Thailand's criminal code over his 27 Facebook posts. When combined with the initial 28-year sentence from the Court of First Instance, the overall sentence stands at 50 years of imprisonment.
Lèse-majesté, also known as the offence of injury to royalty, is stipulated in Article 112 of the Thai Criminal Code. This statute specifies that making defamatory, insulting, or threatening remarks about the king, queen, or regent can result in a maximum penalty of 15 years for each alleged violation.
According to Thai Lawyers for Human Rights, at least 262 individuals have faced charges related to lèse-majesté since 2020. This surge in legal actions coincided with unprecedented youth-led street protests wherein protest leaders openly criticised the monarchy.
‘Thailand as a State Party to the International Covenant on Civil and Political Rights (ICCPR) must respect and protect fundamental freedoms for all individuals. We reiterate our call to repeal Article 112 and all other laws used to curtail free speech. Likewise, we demand an immediate and unconditional release of all detainees held in prison under this act. The Thai Government must ensure a secure and supportive environment for all human rights defenders to exercise their basic freedoms as outlined in the ICCPR,’ the organisations stressed.
Overturn the Conviction
FORUM-ASIA, CIVICUS, and ADN are urging the Thai Government to overturn BusBas' conviction. We demand the immediate release of BusBas, pro-democracy activist Arnon Nampa, and all other human rights defenders in Thailand.
In addition, we endorse the call for the abolition of the lèse-majesté law as its contents and enforcement are in conflict with international human rights standards.
In the first place, individuals exercising their rights to freedom of expression and peaceful assembly should never be criminalised and silenced. Laws that unfairly shield public figures from criticisms and suppress political dissent have no place in a vibrant civic space.
We call on the Government of Thailand to fulfil its international obligations by upholding the people's right to freedom of expression and peaceful assembly.
For media inquiries, please contact:
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Thailand: States must urge the government to address the deterioration of fundamental freedoms
#Thailand: CIVICUS & @adn_asia urge @UN member states to raise concerns about civic freedoms, including the systematic repression of pro-democracy activists & journalists in the upcoming #UPR39 review at the @UN_HRC tomorrow https://t.co/VnRoJocqeH pic.twitter.com/ezNAQuJTJ6
— CIVICUS (@CIVICUSalliance) November 9, 2021As Thailand’s human rights record is examined at the Human Rights Council on 11 November 2021, CIVICUS and the Asia Democracy Network (ADN) call on UN member states to raise serious concerns about Thailand’s civic freedoms.
In the previous UPR cycle in 2016, Thailand committed to guarantee and respect the right to freedom of expression, assembly, and association; put an end to all forms of harassment and intimidation of human rights defenders; and ensure that all legislation comply with international human rights standards protecting fundamental freedoms. It received 35 recommendations related to civic space, accepting 10 and noting 25.
Thailand has not upheld these commitments. A joint submission by CIVICUS and ADN to the Human Rights Council in March 2021 highlighted Thailand’s ongoing use of repressive laws against human rights defenders, activists and journalists as well as harassment, physical attacks and allegations of enforced disappearances of activists. Our organizations also raised concerns about the crackdown on peaceful protests, the arrests and criminalization of protesters and the use of excessive force by the police.
Over the last four years, criminal defamation laws such as section 116 of the Penal Code on sedition have been used to quash dissent by the authorities. More recently, sedition charges have been brought against human rights defenders involved in protests calling for democratic reforms. Although rarely used since 2018, there has been an escalation of investigations and arrests for lèse majesté (section 112 of the Penal Code) since November 2020 against the leaders of the pro-democracy movement.
Other concerns related to freedom of expression include the Computer-Related Crime Act (CCA), which allows the authorities to conduct surveillance on online content and prosecute individuals under broadly defined offences and the cybersecurity law passed in 2019 that gives the government sweeping access to people's personal information. Outspoken media outlets and reporters have also often face intimidation and punishment for commentaries critical of the authorities.
“In the upcoming session at the Human Rights Council, states must use the opportunity to call out Thailand for its systematic repression of pro-democracy activists, human rights defenders and journalists. These actions are inconsistent with Thailand’s international obligations,” said Cornelius Hanung, Advocacy and Campaigns Officer for Asia from CIVICUS.
The Thai authorities have also imposed restrictions on peaceful protests in recent years and arbitrarily arrested peaceful protesters. In 2020, at least 90 people joining peaceful protests were arrested between 13 and 21 October 2020 by the police. The use of excessive force by the police to disperse protesters have been widely reported. On 17 November 2020, during a protest outside parliament, police used water cannon laced with purple dye and an apparent teargas chemical, as well as teargas and pepper spray grenades, to forcibly disperse thousands of protesters, including students, some of whom were children.
“No one should be detained merely for exercising the right to peaceful assemble. The authorities must immediately end its harassment of protest leaders and participants and release all those detained. There should also be prompt, effective and independent investigations into any violations during protests and perpetrators held accountable,” said Ichal Supriadi, Secretary General at Asia Democracy Network.
Civil society organizations, pro-democracy groups, student networks and labor groups in Thailand have been subjected to restrictions and multiple forms of intimidation for carrying out their work. More recently, the Thailand Government is considering a revised NGO law that contains arbitrary and vague-defined powers that could be used to muzzle civil society groups and non-governmental organizations (NGOs). It includes excessive punishments, places discriminatory restrictions on organizations that receive foreign funding and allows for intrusive surveillance and searches without judicial oversight.
Key recommendations that States should make include:
• Ensure that processes to draft any new laws to oversee the formation and operation of CSOs include meaningful consultation with CSOs and HRDs and are consistent with international law and standards related to the freedom of association.
• Provide HRDs, civil society members and journalists with a safe and secure environment in which they can carry out their work. Conduct impartial, thorough and effective investigations into all cases of attacks, harassment and intimidation against them and bring the perpetrators of such offences to justice.
• Specifically, repeal or review article 112 (lèse-majesté) and article 116 (sedition) of the Penal Code to bring it in line with the ICCPR, UN Human Rights Committee General Comment No. 34 and the UN Declaration on Human Rights Defenders
• Specifically, review and amend the Computer Crime Act and Cybersecurity law to ensure that these laws are in line with best practices and international standards in the area of the freedom of expression.
• Ensure that journalists can work freely and without fear of criminalization or reprisals for expressing critical opinions or covering topics that the government may deem sensitive.
• Unconditionally and immediately release all protesters detained for exercising their right to the freedom of peaceful assembly and drop all charges against them.
• Review and, if necessary, update existing human rights training for police and security forces, with the assistance of independent CSOs, to foster the more consistent application of international human rights standards, including the UN Basic Principles on the Use of Force and FirearmsThe examination of Thailand will take place during the 39th Session of the UPR on 10 November 2021. The UPR is a process, in operation since 2008, which examines the human rights records of all 193 UN Member States every four and a half years. The review is an interactive dialogue between the State delegation and members of the Council and addresses a broad range of human rights topics. Following the review, a report and recommendations are prepared, which is discussed and adopted at the following session of the Human Rights Council.
Civic space in Thailand is rated as repressed by the CIVICUS Monitor
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Thailand: Time for Democracy
By Andrew Firmin CIVICUS Editor-in-Chief, co-director and writer for CIVICUS Lens and co-author of the State of Civil Society Report.
Thailand’s voters have spoken. In the 14 May general election, they overwhelmingly backed change. Two major opposition parties won 293 seats in the 500-member House of Representatives.
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Thailand: Withdraw the Draft Act on Not-for-Profit Organisations
Cabinet Ministers of the Royal Thai Government
Government House
1 Phitsanulok Road Dusit
Bangkok, ThailandCc: Council of State
All members of the National Assembly of Thailand
National Human Rights Commission of ThailandRe: The Draft Act on the Operations of Not-for-Profit Organizations B.E…
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Thailand:Civil society groups urge government to dismiss cases brought by company against human rights defenders
Prime Minister Prayut Chan-o-cha
Office of the Permanent Secretary,
Prime Minister’s Office
Royal Thai Government
Government House
1 Pitsanulok Road
Dusit, Bangkok 10300
ThailandRE: New Lawsuits Brought by Thammakaset Company Limited Against Human Rights Defenders
Dear Prime Minister Prayut,
The 89 undersigned organizations write to express our deep concern regarding recent spurious complaints brought by Thammakaset Company Limited against several human rights defenders in Thailand.
We respectfully urge the Thai government to take immediate action to oppose and seek the dismissal of cases filed by Thammakaset that run counter to your government’s proclaimed policy to support business and human rights as well as Thailand’s interests, legal obligations, and international human rights law commitments.
To date, Thammakaset—a Thai-owned poultry company in Lopburi Province— has filed no fewer than 13 criminal and civil complaints against a number of human rights defenders, including former employees. While Thai authorities and courts have dismissed most of the complaints, some are still pending and, in November 2018, a company representative pledged to bring more complaints.
In December 2018, Thai authorities summoned 14 former employees of Thammakaset, all migrant workers, to acknowledge complaints by the company, alleging that the workers “wrongly filed a false case with officials and caused damage to another [person or entity].” Lopburi Province police also called Suthasinee Kaewleklai, the Thailand Coordinator of the Migrant Workers Rights Network (MWRN)—an advocacy group that supports migrant rights in Thailand—to report to the police on January 28, 2019 to discuss a separate complaint by Thammakaset against her. On the same day, the Lopburi Province police requested information from witnesses as part of an investigation into complaints brought by Thammakaset at the end of 2018 against six individuals relating to activity on social media.
Thammakaset’s criminal complaints stem from its former 14 employees’ involvement in reporting labor rights abuses to the Department of Labor Protection and Welfare (DLPW) and the National Human Rights Commission of Thailand (NHRCT) in 2016. In separate investigations, both DLPW and the NHRCT found evidence of labor rights abuses, including that Thammakaset failed to pay minimum and overtime wages and failed to provide adequate leave to workers as required by law. On January 15, 2019, the Supreme Court upheld a lower court’s order requiring Thammakaset to pay 1.7 million Thai Baht (US$51,470) in compensation to the 14 former employees for violations of Thailand’s Labor Protection Act.
Thammakaset recently brought additional legal complaints against human rights defenders involved in publicly reporting on labor rights abuses and employer reprisals against the workers. As of October 2018, Nan Win, a former Thammakaset employee, faces new criminal defamation charges for speaking out on the alleged labor abuses and reprisals against the 14 former employees in a film produced by the human rights organization Fortify Rights and during a Facebook-live press conference that Fortify Rights organized. Sutharee Wannasiri, a former human rights specialist with Fortify Rights, also faces criminal and civil defamation charges for sharing Fortify Rights’ film on social media. The Bangkok Criminal Court is scheduled to consider the complaints against Nan Win and Sutharee Wannasiri on February 4 and March 11, 2019, respectively, and the Civil Court scheduled hearings in August 2019 to consider the civil complaint against Sutharee Wannasiri.
We are alarmed that Thai authorities are proceeding to investigate and prosecute these complaints by Thammakaset, particularly after the Don Mueang Sub-District Court has already dismissed similar criminal defamation charges in July 2018 brought by the company against the same 14 former employees. These new charges filed by Thammakaset constitute harassment by the company that waste valuable time and resources of police, prosecutors, and judicial officers.
The complaints by Thammakaset appear to be reprisals brought to harass human rights defenders involved in exposing abuses. Such reprisals interfere with the work of human rights defenders and prevent the implementation of labor rights protections. The cases brought by Thammakaset are emblematic of Strategic Litigation against Public Participation (SLAPP) lawsuits. These cases demonstrate the dangers SLAPP suits pose for workers and human rights defenders in Thailand and illustrate the need for your government to adopt clear policies and enact regulations and laws to oppose such cases from proceeding. Thammakaset has a long history of aggressively using the courts to intimidate and silence human rights defenders, who have exposed business related human rights abuses. In August and October 2017, Thammakaset filed criminal suits against two migrant workers and Suthasinee Kaewleklai for the alleged theft of employment timecards. In fact, the timecards were presented to Thai government labor inspectors as evidence of labor violations, assisting officials to perform their duty as required by law. Although Thai courts eventually dismissed Thammakaset’s complaints, the cases should never have proceeded in the first place and resulted in undue stress, unnecessary legal costs, and lost time and wages for those facing charges.
We recognize recent legislative steps by the National Legislative Assembly in December 2018 to amend Section 161/1 of the Thailand Criminal Procedure Code. This amendment allows a court to dismiss and forbid the refiling of a complaint by a private individual if the complaint is filed “in bad faith or with misrepresentation of facts in order to harass or take advantage of a defendant.” Section 161/1 should apply to the recent complaints brought by Thammakaset.
This amendment is insufficient to address SLAPP suits generally in Thailand. In addition to relying on the court’s application of Section 161/1, we urge your government to clearly demonstrate its opposition to SLAPP lawsuits, such as the ones filed by Thammakaset. Seeking the expeditious dismissal of the recent complaints by Thammakaset would be instructive to both foreign and Thai businesses operating in Thailand and demonstrate your government’s commitment to implementing the law and upholding business and human rights principles.
To prevent future SLAPP lawsuits like those filed by Thammakaset, we recommend that Thailand develop comprehensive anti-SLAPP legislation that fully protects workers, human rights defenders, and others from judicial harassment. It is also essential that the public prosecutor and the Attorney General’s Office be provided with adequate resources and support to exercise their powers under Section 21 of the 2010 Public Prosecutor Organ and Public Prosecutors Act to screen out unwarranted complaints, including those brought to harass, intimidate, or retaliate against human rights defenders or others. Thailand should also decriminalize defamation and end imprisonment or fines as a penalties for acts of defamation.
We urge the Thai government to follow the recommendation provided by a group of six United Nations human rights experts in May 2018 to “revise its civil and criminal laws as well as prosecution processes to prevent misuse of defamation legislation by companies.” During its official visit to Thailand in April 2018, the U.N. Working Group on Business and Human Rights similarly called on the Thai government to “ensure that defamation cases are not used by businesses as a tool to undermine legitimate rights and freedoms of affected rights holders, civil society organizations and human rights defenders.” The Working Group further recommended “enacting anti-SLAPP legislation to ensure that human rights defenders are not subjected to civil liability for their activities.” We encourage the Thai government to incorporate these recommendations into Thailand’s National Action Plan on Business and Human Rights and also ensure meaningful consultations with Thai civil society on developing and implementing the National Action Plan.
We thank you for your attention to the issues and recommendations raised in this letter. We welcome the opportunity to assist and support the Thai government in meeting its commitments to uphold business and human rights principles as well as to protect the rights of workers, human rights defenders, and basic freedoms in Thailand.
Sincerely,
- Aksi! for Gender, Social and Ecological Justice, Indonesia
2. American Federation of Labor and Congress of Industrial Organizations (AFL-CIO)
3. Amnesty International
4. Anti-Slavery International
5. Article 19
6. ASEAN Parliamentarians for Human Rights
7. Asia Pacific Forum on Women, Law and Development
8. Asia Pacific Mission for Migrants (APMM), Hong Kong
9. Asia Pacific Refugee Rights Network
10. Asian Forum for Human Rights and Development (FORUM-ASIA)
11. Assembly of the Poor, Thailand
12. Australian Council of Trade Unions
13. Building and Wood Workers’ International (BWI)
14. Bune United Sisters, Tombil Community, Minj , Jiwaka Province, PNG
15. Burma Campaign UK
16. Business & Human Rights Resource Center
17. Center for Alliance of Labor and Human Rights (CENTRAL)
18. Center for Trade Union and Human Rights (CTUHR), Philippines
19. Chab Dai
20. CIVICUS
21. Civil Rights Defenders
22. Coalition for the Rights of Refugees and Stateless Persons
23. Community Resource Centre Foundation
24. Conservation International
25. Cross Cultural Foundation
26. Danish Ethical Trading Initiative
27. Environmental Justice Foundation
28. Ethical Trading Initiative
29. Ethical Trading Initiative Denmark
30. Ethical Trading Initiative Norway
31. FIDH (International Federation for Human Rights), within the framework of the Observatory for the Protection of Human Rights Defenders
32. FishWise
33. Fortify Rights
34. Foundation for Education and Development (FED)
35. Free the Slaves
36. Freedom Fund
37. Freedom United
38. Frontline Defenders
39. GABRIELA Alliance of Filipino Women, Philippines
40. Global Coalition on Migration
41. Global Legal Action Network
42. Global Migration Policy Associates
43. Greenpeace
44. Highlands Women Human Right Defenders Movement, PNG
45. Human Rights and Development Foundation
46. Human Rights Lawyers Association
47. Human Rights Now
48. Human Rights Watch
49. Humanity United Action
50. IJM Foundation (มูลนิธิไอเจเอ็ม)
51. Indonesian Migrant Workers Union, Indonesia
52. International Accountability Project
53. International Labor Rights Forum
54. Kabar Bumi (Indonesian Migrant Workers Union), Indonesia
55. Korea Center for United Nations Human Rights Policy (KOCUN), the Republic of Korea
56. Kugar Farmers Association, Kudjip, BANZ, Jiwaka Province, PNG
57. LawAid International
58. Lawyers’ Rights Watch Canada
59. Liberty Shared
60. Manushya Foundation
61. MAP Foundation
62. MARUAH, Singapore
63. Migrant Workers Rights Network
64. National Alliance of Women Human Rights Defenders (NAWHRD), Nepal
65. National Indigenous Women Forum (NIWF), Nepal
66. NEthing, India
67. North Whagi Country’s Women Association, Jiwaka Province, PNG
68. Oxfam
69. RITES Forum, India
70. Robert F. Kennedy Human Rights
71. Rural Women Association Alga, Kyrgyzstan
72. Shan Women’s Action Network
73. Slave Free Seas
74. Social accountability international
75. SRED, India
76. Stop the Traffik Australian Coalition
77. Suara Perempuan Desa (Rural Women’s Voices), Indonesia
78. SwedWatch
79. Tarangini Foundation, Nepal
80. Thai Lawyers for Human Rights
81. Trades Union Congress
82. Uniting Church of Australia (Synod of Victoria and Tasmania)
83. Verité
84. Voice
85. Voice for Change, Jiwaka Province, PNG
86. Walk Free Foundation
87. We Women Sri Lanka, Sri Lanka
88. Women’s League of Burma
89. World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders
- Aksi! for Gender, Social and Ecological Justice, Indonesia
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Thailand’s abusive draft law on not-for-profit organizations
President Joseph R. Biden, Jr.
The White House
Washington, DC
Dear President Biden,
We, the undersigned non-profit organisations, are writing to express our serious concerns regarding Thailand’s Draft Act on the Operations of Not-for-Profit Organizations, which the Thai Cabinet approved in principle on January 4, 2022. The passage of this draft law would systematically violate the rights to freedom of association and freedom of expression of non-profit groups. So we urge you to call on the Thai government to scrap this draft law when you meet with the Thai Prime Minister Prayuth Chan-o-cha and his delegation at the upcoming US-ASEAN special summit at the White House in May 12-13, 2022.
The draft law would enable officials to unilaterally order the temporary or permanent shutdown of any non-profit organisation (NPO) operating in Thailand if they conduct activities or make public representations that the Thai government considers adversely affects Thailand’s “relations between countries”; “affect the happy, normal existence of other persons”; affect “public interest, including public safety”; infringe on “public order,” or “people’s good morals;” or “cause divisions within society.” Non-profit organisations also are forbidden from doing anything that infringes on “the rights and liberties of other persons” or impacts the “government’s security, including the government’s economic security.” None of these terms is defined, providing maximum discretion to officials, including the military and national security officials who are the originators of this draconian, rights-abusing legislation, to act against any organisation arbitrarily.
If this bill becomes law, we anticipate that many organisations signing and supporting this letter will face punitive action, including intrusive investigations, public threats, and ultimately orders from government authorities to end operations.
As you may know, in addition to the laudable work done by Thai civil society organisations in supporting human rights, social welfare, civic activity, and humanitarian work in Thailand, there is also a regional dimension to civil society in Thailand, with important international humanitarian and human rights organisations operating in Thailand to assist refugees and displaced persons fleeing the crisis in Myanmar (Burma) and supporting the provision of assistance into Myanmar. These efforts will also be put at risk if the draft law passes, given the provision that prevents civil society from undertaking actions that ostensibly jeopardise Thailand’s friendly relations with its neighbouring countries.
Similarly, Thailand has long served as a refuge for political and rights activists fleeing from repressive governments in Vietnam, Cambodia, and Laos, and non-profit organisations supporting these refugees would also face significant threats of being shut down if this bill is enacted.
Protecting Thai civil society
To comply with relevant provisions of the Thai constitution, the Thai government, led by the Ministry of Social Development and Human Security, organised a public comment process between late January 2022 and the end of April 2022. In response to this rudimentary consultation process, a total of 1,867 non-profit organisations across Thailand released a joint statement and subsequently held a public rally to call for the Thai government to withdraw this bill.
The core message of our coalition is that we are civil society groups working on a wide range of issues. As organisations, we work across many sectors, and among other things, we strengthen democratic processes; safeguard the environment; reduce poverty; feed families; support children, people with disabilities, and older people; stop human trafficking; investigate business supply chains; protect human rights; support civil initiatives; expose government corruption and malfeasance; protect whistleblowers, and help people to access adequate health care and education.
Thai civil society and international supporters make Thailand a better, more inclusive democracy, and they should not face draconian restrictions of the sort that the current Thai government is proposing.
Risks of the bill
The draft law threatens the important work of civil society, and the Thai government has provided no rationale for this law, except that other countries in the region have similar laws. The drafters openly espouse following the example of India, where government restrictions forced the closure of many international nongovernmental organisations. The Thai government claims that they are aiming to create “transparency” in the non-profit sector has no basis, given that Thailand already has adequate laws and regulations to regulate non-profit organisations. This draft law is a massive extension of government power over every aspect and every grouping of civil society in Thailand.
The specific language of the law states that: “‘Not-for-profit organisation’ means a collective of private individuals who form themselves as any form of grouping to conduct activities in society without intending to seek profits to be shared. However, it shall not include a group of people gathering to implement a particular, one-time activity, or conduct an activity to serve only the group's interests, or a political party.” Moreover, the law states that “Any NPOs which have been established under any specific law, in addition to acting in compliance with that law, shall also be subject to the provisions of this Act.”
Given the broad definition of “non-profit” organisation, the law will encompass everything from foreign chambers of commerce to farmer groups, organisations supporting vulnerable persons like people living with HIV/AIDS, migrant worker collectives, LGBTQ+ organisations, aggrieved villagers protesting land expropriation, forestry and environmental groups, community sports clubs and local foundations, human rights organisations, and community development groups. There are no apparent limits for the groups that will be adversely affected by this law.
Put simply, the Thai government hopes that the international community will be looking the other way while it severely restricts basic freedoms across Thailand. In a nation of nearly 70 million people with a government infused with military influence at top levels, it is explicit that this bill would be applied arbitrarily to severely restrict the rights to freedom of expression, association, peaceful assembly, and other human rights.
A closer look at the bill
As mentioned above, the draft law’s language is very vague. The subjective language means that almost any action could violate the law’s provision. Below, non-profit organisations are asked to make sure they are not tainting people’s “good morals” or “disturbing the normal happy existence of persons”—or pay a daily fine of 10,000 baht (US$295).
Section 20: A Not-for-Profit Organization must not operate in the following manner:
(1) Affect the government’s security, including the government’s economic security or relations between countries.
(2) Affect public order, or people’s good morals, or cause divisions within society.
(3) Affect public interest, including public safety.
(4) Act in violation of the law.
(5) Act to infringe on the rights and liberties of other persons or affect the happy, normal existence of other persons.
Section 26: Any NPO which fails to stop its operations as ordered by the registrar under Section 20, paragraph 2 or Section 21 where Section 20 paragraph 2 applies, shall be liable to a fine not exceeding 500,000 baht and a daily fine of 10,000 baht throughout the period of the breach or until it is operating correctly.The draft law will also effectively prevent organisations helping communities throughout Thailand from accessing the funding they need to do their crucial work. The restrictions and reporting requirements on funding support from outside Thailand are contrary to international law. They also inhibit a crucial funding source for organisations that help people in Thailand every day.
Section 21: A Not-for-profit Organization which receives funding or donations from foreign sources is required to act as follows:
(1) Inform the registrar of the name of the foreign funding sources, the bank account receiving the funds, the amount received, and the purposes for the disbursement of the funds.
(2) Must receive foreign funding only through a bank account notified to the registrar.
(3) Must use the foreign funding only for the purposes notified to the registrar in the article (1).
(4) Must not use foreign funding for any activity characteristic of pursuing state power or facilitating or helping political parties.
The draft law moves Thailand further down the slippery slope to a loss of privacy and the right to freedom of association.
Section 19:To ensure transparency and to keep the public informed about the operations of NPOs, an NPO is required to disclose information regarding its name, founding objectives, implementation methods, sources of funding, and names of persons involved with its operations to ensure such information is easily accessible to government agencies and the public.
Civil society organisations, the individuals who work for them, and the communities who benefit from these groups have the right to come together, express their opinions, and contribute to their communities. Those core civil and political rights are enshrined in international law, notably the United Nations International Covenant on Civil and Political Rights, which Thailand is a state party to and is obligated to uphold.
Recommendations
We respectfully call on you and your administration to press the Thai government to immediately withdraw the Draft Act on the Operations of Not-for-Profit Organizations and ensure that other laws and regulations that Thailand proposes pertaining to non-profit organisations strictly adhere to international human rights law and standards.
Sincerely,
- Amnesty International
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APCOM
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Asian Cultural Forum on Development (ACFOD)
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Asia Network for Free Elections (ANFREL)
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Asia Pacific Refugee Rights Network (APRRN)
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Asia Pacific Transgender Network (APTN)
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Article 19
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Asia Democracy Network (AND)
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Be Slavery Free
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Campaign Committee for Human Rights (CCHR)
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Campaign for Popular Democracy (CPD)
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CIVICUS: World Alliance for Citizen Participation
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Community Resource Center (CRC)
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Cross Cultural Rights Foundation (CrCF)
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CSO Coalition for Ethical and Sustainable Seafood (CSO Coalition)
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Democracy Restoration Group (DRG)
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EnLAW
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Environmental Justice Foundation (EJF)
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Equal Asia Foundation
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Finnwatch
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Fishwise
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Fortify Rights
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Forum Asia (Asian Forum for Rights and Development)
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Freedom Fund
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Freedom United
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Global Labor Justice-International Labor Rights Foundation
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Glom Duayjai
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Green America
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Greenpeace Thailand
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Greenpeace USA
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Human Rights Watch
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Human Rights and Development Foundation (HRDF)
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Human Rights Lawyers Association (HRLA)
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Humanity United Action
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ILGA Asia (Asian Region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association)
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Inter Mountain People's Education and Culture in Thailand Association
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International Commission of Jurists (ICJ)
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International Federation for Human Rights (FIDH)
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International Justice Mission (Thailand)
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Jaringan Mangsa Dari Undang–Undang Darurat (JASAD)
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Justice for Peace Foundation
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Kru Kor Sorn
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Labour Protection Network (LPN)
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Lawyers Rights Watch Canada (LRWC)
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Manushya Foundation
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MAP Foundation (Migrant Assistance Program)
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MobNews
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NGOs for the People
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Patani Human Rights Organization (HAP)
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Peace and Human Rights Resource Center (PHRC)
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Protection International
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SEA Junction
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SHero Thailand
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Solidarity Center
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Stop Drink Network Thailand (SDN)
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Thai Action Coalition for Democracy in Burma (TACDB)
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Thai Lawyers for Human Rights (TLHR)
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Thai Teachers for Child Rights Association (TTCR)
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Togetherness for Equality and Action (TEA)
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Union for Civil Liberty (UCL)
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United Front of Thammasat and Demonstration
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Verite
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Women4Oceans
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Workers’ Union (Thailand)
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Young Pride Club (YPC)
cc: Antony J. Blinken, Secretary of State, U.S. Department of State
Wendy R. Sherman, Deputy Secretary of State, U.S. Department of State
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