220 Final Project

Social, political, and/or legal environment 

One issue related to the social and legal environment in Thailand that has been affecting the country in the past two years is the ongoing pro-democracy protests and the government’s crackdown on dissent. This issue has been at the forefront of Thai politics since July 2020 when students and activists started organizing protests to demand changes to the military-backed government and call for democratic reforms. The protests have been met with a heavy-handed response from the authorities, including arrests, detentions, and censorship of dissenting voices. The government’s response to the protests raises concerns about the state of human rights and freedom of expression in Thailand.

1.  Background:

Thailand is a country in Southeast Asia with a population of approximately 69 million people. The country has a rich cultural heritage, and the Thai people are known for their hospitality, kindness, and respect for their traditions. However, in recent years, Thailand has been struggling with political instability, economic challenges, and social inequality, which have contributed to ongoing pro-democracy protests in the country.

Thailand is a constitutional monarchy with a King as the head of state. The current constitution of Thailand was approved in 2017 and established a parliamentary system with a bicameral legislature consisting of a House of Representatives and a Senate. The country is divided into 76 provinces, each with its own governor, and is known for its tourism industry, manufacturing sector, and agriculture. Thailand has a mixed legal system based on civil law and common law. The legal system has been criticized for lacking transparency and being subject to political interference. The judiciary is supposed to be independent, but in practice, judges can be influenced by political considerations. Thailand has a complex relationship with freedom of speech and expression. While the country’s constitution guarantees freedom of expression, in practice, there are restrictions on what can be said and written. The country has strict laws on lese-majesty, which makes it illegal to defame or insult the monarchy. Under the lese-majesty laws, people have been charged and imprisoned for making critical comments about the monarchy.

Background information about Thailand’s political history and culture is essential to understand the context of the ongoing protests. Thailand is a constitutional monarchy with a complex political history. The history of Thailand is characterized by a series of military coups, where the military has overthrown elected governments and established authoritarian regimes. The military has played a significant role in Thai politics, and many of the country’s leaders have come from the military or have strong ties to it. The country has seen 13 successful coups and more than 20 attempted coups since the end of absolute monarchy in 1932. The latest coup took place in 2014 when the military overthrew the democratically elected government of Prime Minister Yingluck Shinawatra. Since then, the military-backed government has implemented strict laws to suppress dissent and limit freedom of expression. Under these laws, individuals can be arrested for criticizing the monarchy or government officials, and online content deemed offensive can be blocked or removed without judicial oversight.

The Thai economy is the second-largest in Southeast Asia and is heavily reliant on exports, particularly in the manufacturing and tourism sectors. However, the country has been struggling with economic challenges in recent years, including a slowdown in growth and high levels of inequality. The COVID-19 pandemic has further exacerbated these challenges, with the tourism industry, in particular, suffering a significant decline.

The Thai education system is characterized by a focus on rote learning, with little emphasis on critical thinking, creativity, or problem-solving skills. The system has been criticized for its lack of innovation and failure to prepare students for the demands of the modern workforce. As a result, many Thai students struggle to find employment, and there is a significant skills gap in the country.

The ongoing pro-democracy protests in Thailand began in July 2020 and were sparked by the government’s mishandling of a high-profile court case involving the dissolution of a popular opposition party. Students and activists began organizing protests, demanding an end to military influence in politics, constitutional reform, and greater democratic freedoms. The protests have been largely peaceful, with participants using social media and creative tactics to voice their demands.

Moreover, Thailand has a deeply ingrained culture of respect for authority and hierarchy, which can make it difficult for dissenting voices to be heard. The monarchy is a significant institution in Thai culture, and criticism of the monarchy is considered taboo. The royal family is shielded by strict lese majesty laws, which criminalize criticism of the monarchy and can carry a sentence of up to 15 years in prison.

2. Government Response

The Thai government’s response to the pro-democracy protests has been met with criticism both domestically and internationally. The government has employed various tactics to suppress the protests, including legal action, physical force, and censorship.

One of the key tactics used by the government has been the use of legal action against protest leaders and participants. The government has filed charges against protesters for various offenses, including sedition, which carries a maximum penalty of life imprisonment. Many of these charges are based on vague and broadly defined laws, such as the Computer Crimes Act and the Emergency Decree, which give authorities broad powers to crack down on dissent. The use of these laws has been criticized for being arbitrary and disproportionate.

In addition to legal action, the government has also employed physical force to disperse protests and arrest participants. This has included the use of water cannons, tear gas, and rubber bullets, as well as the deployment of police and military personnel. The use of force has led to numerous injuries and arrests, including those of peaceful protesters and journalists covering the events.

The government has also resorted to censorship and controlling the narrative around the protests. This has included the blocking of social media platforms, such as Twitter and Facebook, and the arrest of individuals for sharing content deemed to be critical of the government. The government has also attempted to control the narrative through state-controlled media outlets and the use of propaganda.

3. Implications for Human Rights and Freedom of Expression

The use of censorship to control the narrative surrounding the protests is also a worrying trend. Freedom of expression is a fundamental human right, and the government’s attempts to silence dissenting voices undermine this right. Censorship also prevents the public from accessing information and forming their own opinions on important social and political issues.

The crackdown on the protests has also had a chilling effect on civil society and independent media in Thailand. Many activists and journalists have been intimidated, and some have gone into hiding to avoid arrest. This environment of fear and intimidation makes it difficult for civil society to play a constructive role in promoting democracy and protecting human rights in the country.

4. News:

One news story that highlights the evolving challenges related to this issue is the recent sentencing of a pro-democracy activist, Anchan Preelert, to over 43 years in prison for posting audio clips on social media that were deemed critical of the monarchy. The court found her guilty of 29 counts of violating Thailand’s strict lese-majesty law, which criminalizes any insult or criticism of the monarchy with up to 15 years in prison per count. Anchan’s sentence is the harshest punishment handed down for a lese-majesty conviction in Thailand’s history.

One recent news story that highlights the challenges facing Thai democracy is the case of a prominent activist, Parit “Penguin” Chiwarak, who was sentenced to 15 years in prison for criticizing the monarchy. Chiwarak is a student activist and leader of the pro-democracy movement, and he has been vocal in his calls for change. However, in August 2021, he was sentenced to 15 years in prison under the lese majesty law for insulting the monarchy during a protest in November 2020. The sentence is one of the harshest ever handed down under the law, and it has sparked widespread outrage among pro-democracy activists.

5. New changes:

However, there have been some signs of change in Thailand’s political landscape. In September 2021, the Thai government announced that it would be amending its constitution to allow for greater public participation in the political process. This move comes in response to the pro-democracy protests and demands for more democratic reforms. The proposed amendments would allow for the direct election of senators, who are currently appointed by the government, and make it easier for citizens to propose legislation.

In addition, there have been efforts to address human rights concerns raised by the protests. In November 2020, the Thai government set up a committee to investigate allegations of police brutality and abuse of power during the protests. The committee has since released a report detailing some of the abuses, and several police officers have been suspended or transferred as a result.

Furthermore, there have been calls for the release of political prisoners and the dropping of charges against protesters. In August 2021, the Thai government granted royal pardons to over 2,000 prisoners, including some protesters who had been jailed for their involvement in the pro-democracy movement. However, many protesters remain in detention and face charges related to their participation in the protests.

References:

Guardian News. (2021, January 19). Thailand: Woman jailed for record 43 years for insulting monarchy. The Guardian. Retrieved April 2, 2023, from https://www.theguardian.com/world/2021/jan/19/woman-jailed-for-record-43-years-for-insulting-thai-monarchy

Reuters. (2020, September 19). Thai protesters challenge monarchy as huge protests escalate. Reuters. Retrieved April 2, 2023, from  https://www.reuters.com/article/us-thailand-protests/thai-protesters-challenge-monarchy-as-huge-protests-escalate-idUSKCN26A11V

CIVICUS Monitor. (2020, November 23). Thai authorities use excessive force, lese-majeste laws to clamp down on pro-democracy protests.  CIVICUS. Retrieved April 2, 2023, from https://monitor.civicus.org/explore/thai-authorities-use-excessive-force-lese-majeste-laws-clamp-down-pro-democracy-protests/

World Bank. (n.d.). The World Bank In Thailand. Retrieved April 23, 2023, from https://www.worldbank.org/en/country/thailand/overview

Nagorski, D. (2021, December 2). Thailand’s problems begin in the classroom. Nikkei Asia. Retrieved April 2, 2023, from https://asia.nikkei.com/Opinion/Thailand-s-problems-begin-in-the-classroom#:~:text=Nearly%20400%2C000%20new%20graduates%20reported,a%202019%20World%20Bank%20report.

Human Rights Watch. (2022). World Report 2022: Thailand. Retrieved April 23, 2023, from https://www.hrw.org/world-report/2022/country-chapters/thailand