Thailand rights groups urge review of plan to replace martial law News
Thailand rights groups urge review of plan to replace martial law

[JURIST] Eight rights groups on Monday expressed concern [press release] over a plan by Thailand’s Prime Minister Prayuth Chan-ocha[BBC profile] to ease the Martial Law Act BE 2457 (1914) [text, PDF; JURIST report] and replace it with Section 44 of the Constitution of the Kingdom of Thailand (Interim), BE 2557 (2014) [text]. The organizations, including the Thai Lawyers for Human Rights, Community Resource Centre, Cross-Cultural Foundation, Human Rights Lawyers Association, Human Rights and Development Foundation, ProRights Foundation, Union for Civil Liberty and Enlaw Foundation, argue that replacing the Martial Law Act with Section 44 will in no way alleviate the problems that many have suffered due to martial because Section 44 essentially “provides absolute powers to the Leader of the National Council for Peace and Order (NPCO) over the legislative, the administrative and the judiciary.” Because Section 44 would allow the Head of the National Council for Peace and Order “to make any order to disrupt or suppress regardless of the legislative, executive or judicial force of that order,” the organizations argue that such measures would lead to abuses of power with impunity. The organizations ended their statement expressing that neither Martial Law or Section 44 should be invoked. They are in favor of a measure that would protect and enhance human rights and believe that a lifting of Martial Law would be most desirable.

Thailand has experienced great upheaval since last year’s military coup of. On May 20 Thailand’s armed forces, led by then-General Chan-ocha, declared martial law [JURIST report] and began a regime of censorship. Two days later the military proceeded to take control [JURIST report] of the country and suspend the constitution. The governmental control was followed by the replacement of civilian courts with military tribunals. The military saw themselves validated in late July when the king expressed his support [JURIST report] for an interim constitution that would award great power to the NCPO. However, Thailand’s armed forces has faced resistance from the international community and the Thai people themselves. In August the UN Office of the High Commissioner for Human Rights [official website] spoke out against Thailand’s prosecution and sentencing practices as a threat [JURIST report] to the right of free expression. Finally, in September, a group of Thai human rights activists denounced [JURIST report] the country’s martial law and called for it to end.