THE RIGHT TO ASSEMBLY IN THAILAND
Thailand is a State Party to the 1966 International Covenant on Civil and Political Rights (ICCPR). Article 21 governs the right of peaceful assembly, providing that
Article 21
The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.
International Covenant on Civil and Political Rights (ICCPR)
Moreover, Thailand is also a founder member of the ASEAN that declaration of non-binding human rights was issued by the Association of South-East Asian Nations (ASEAN) in 2013. Paragraph 24 of the ASEAN Human Rights Declaration provides that “Every person has the right to freedom of peaceful assembly.” However, Nowadays The right to peaceful assembly is not respected in practice in Thailand. Protests tend to be forcibly dispersed by the police, often using excessive force.
Problem
Thai citizens especially in Bangkok are concerned about the disproportionate use of force by the police to disperse the protests. The police are using excessive force and it is causing a lot of damage and injury. Crowd control measures and other actions taken by law enforcement officers have frequently violated the human rights of protesters and international standards on the policing of protests. Police officers have repeatedly fired rubber bullets at protesters in an indiscriminate fashion. Moreover, Police have reportedly fired tear gas canisters directly at protesters. There is an incident where a protester was hit in the face by an object believed to be a tear gas canister fired by police and has reportedly lost sight in his right eye. In addition to cracking down on street protests, Thai authorities have continued their harassment of protest leaders and participants through legal processes. Since July 2020, more than 700 individuals, including at least 130 children, have been investigated in connection to their protest activities. Also, at least 32 protest leaders and participants were arrested and charged with a variety of offenses.
Cause
From my point of view, I believe that freedom of assembly should ensure people can gather and meet, both publicly and privately. Assemblies can be platforms to advocate for change and for people to raise awareness about the issues that matter to them, whether it is human rights, socio-economic rights, or any other issue. Therefore, governments have a duty to respect, protect, and promote freedom of assembly. That is why there are tons of questions with dissatisfied feelings from Thai citizens about why all these unreasonable incidents occur in a democratic country. Since we only wish to have freedom of peaceful assembly but the outcome was the violent actions of the police to disperse protests.
Thailand’s latest recent Prime Minister took office through a coup d’etat, which is an unfair seizure of power. This led to dissatisfaction among the people of the whole country who have lost faith in the government. Furthermore, the failure of management affects the country’s economy worsens. Thailand has experienced an increase in the cost of living, yet people’s wages have remained unchanged. Drive Thai people to feel like they have been taken away from their freedom and that is the start of a protest. The protest comes with three main demands, first, Fire the Prime Minister, second, Draft a new constitution, and third, Reform the monarchy system.
Solution
The only way to have the freedoms of peaceful assembly in Thailand is to handle The Thai government. This is because almost issues that have been mentioned are from the actions of government officers. In order to fulfill its human rights obligations, the Thai government should not only refrain from suppressing protests but also needs to create a safe and enabling environment for members of the public to exercise their rights to peaceful assembly and freedom of expression. The use of law enforcement against protesters must follow international human rights laws and standards. All law enforcement personnel present at protests have been properly trained in strategies and tactics that comply with international human rights laws and standards. Moreover, Laws and policies that unjustifiably restrict the rights to freedom of peaceful assembly and expression should be amended in line with international law and standards.
Citation
CIVICUS. (2021, September 1). Thailand: Concerns regarding the right to peaceful assembly. https://www.civicus.org/index.php/media-resources/media-releases/open-letters/5256-thailand-concerns-regarding-the-right-to-peaceful-assembly
Amnesty International Thailand. (n.d.). Freedom of Assembly. Amnesty. https://www.amnesty.or.th/en/our-work/assembly
LAWS ON The Right of Peaceful Assembly WORLDWIDE. (2021, May 10). The right of peaceful assembly in Thailand. Peaceful Assembly Worldwide. https://www.rightofassembly.info/country/thailand
OHCHR. (n.d.). International Covenant on Civil and Political Rights. Retrieved June 21, 2022, from https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights
Human Rights House Foundation (HRHF). (2019, February 18). Freedom of assembly. Human Rights House Foundation.
https://humanrightshouse.org/we-stand-for/freedom-of-assembly/
