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Hunger striking activists denied bail for the 7th time

28. March 2024

Activists Tantawan Tuatulanon and Nutanon Chaimahabut, who have been on a hunger strike for over a month to protest their detention, have been denied bail for the 7th time.

Tantawan's father, Sommai Tuatulanon, arriving at the Ratchadapisek Criminal Court this morning (28 March) to file a bail request for his daughter and Nutanon. (Photo by Ginger Cat)

Tantawan’s father, Sommai Tuatulanon, filed a bail request for Tantawan and Nutanon with the Criminal Court this morning (28 March) because their health has worsened due to their hunger strike. However, the court dismissed his request because there is no reason to change its existing order.

Activist Orawan Phupong said that Tantawan and Nutanon have very low blood potassium levels, putting their lives in danger. Doctors have recommended that they receive treatment, but they have refused.

Thai Lawyers for Human Rights (TLHR) also said that, according to a cardiologist monitoring Tantawan, she has heart arrhythmia due to low potassium and magnesium level. The cardiologist has told her family that she could go into cardiac arrest.

Tantawan and Nutanon were arrested on 13 February on several charges, including sedition, for allegedly honking at and blocking a royal motorcade and for posting dash cam footage of the incident. They have so far been detained for 44 days and all of their bail requests have been denied.

In a Facebook post on 11 February, Tantawan said that she did not block or cut off the motorcade. She also said she did not know that there was going to be a motorcade. She was on the way back from a funeral and admitted that she was speeding because she was in a hurry.

The dashcam footage shows the vehicle stuck in traffic. The car’s horn can be heard when it moved to the front of the line and the lane was blocked by a police vehicle. The footage also shows that the vehicle was stuck behind another police vehicle at the exit from the expressway.  A police officer can be seen approaching the vehicle before Tantawan is heard arguing.

On 20 March, the Criminal Court extended their detention order for 12 more days, as the police claim they are still gathering evidence.

Tantawan and Nutanon has been on a hunger strike since the beginning of their detention. They are calling for a reform of the justice system, an end to the detention of dissidents, and for Thailand to denied its bid for a seat on the UN Human Rights Council.

Tantawan is now held at Thammasat University Hospital and Nutanon at the Corrections Hospital. Both have refused medical intervention. They continue to refuse food and are drinking only a small amount of water each day.

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HRW: Thai Senate should promptly pass Marriage Equality bill

28. March 2024

Human Rights Watch (HRW) calls on the Thai Senate to promptly pass the Marriage Equality bill, which was approved by an overwhelming majority in the House of Representatives yesterday (27 March), noting that passing the bill is an opportunity for Thailand to match its positive global reputation on LGBT rights with tangible legal protections. 

A couple in wedding dresses marched in the 4 June 2023 Bangkok Pride parade holding signs calling for marriage equality. (File photo)

The Thai parliament’s upper house should promptly pass a same-sex marriage bill that the lower house approved by an overwhelming majority on 27 March 2024, Human Rights Watch said today (28 March). Thailand would become the first country in Southeast Asia, and the second in Asia, to recognize same-sex relationships.  

Thailand’s House of Representatives passed the Marriage Equality Act with the approval of 400 of the 415 members present. Ten voted against the bill, two abstained, and three did not vote.

“Thailand is poised to send an important message to the rest of Asia by recognizing same-sex relationships,” said Kyle Knight, interim co-director of the lesbian, gay, bisexual, and transgender (LGBT) rights program at Human Rights Watch. “Lawmakers should not delay this important occasion, which could create momentum across the region to respect the fundamental rights of LGBT people.”

The rights to marry and to form a family are fundamental rights recognized in article 23 of the International Covenant on Civil and Political Rights (ICCPR), which Thailand has ratified. Various international human rights bodies, including the United Nations Human Rights Committee, the UN Committee on the Rights of the Child, and the Committee on the Elimination of Discrimination against Women have rejected the idea that a “family,” as understood under international human rights law, must conform to any single model.

Thailand’s Marriage Equality Act makes important amendments to the civil and commercial code language concerning spouses, in particular by changing “men and women” and “husband and wife” to “individuals” and “marriage partners.” However, LGBT rights advocates have raised concerns that it leaves in place “mother” and “father,” rather than replacing those terms with the more gender-neutral “parent,” which could cause complications for same-sex couples attempting to adopt and raise children.

Thirty-seven countries currently recognize same-sex marriage in their national laws. Taiwan became the first country in Asia to recognize same-sex marriage in 2019. Nepal has recognized some same-sex marriages in 2023 and 2024 under an interim order from the Supreme Court while a final judgment is forthcoming.

Passing same-sex marriage legislation is an opportunity for Thailand to match its positive global reputation on LGBT rights with tangible legal protections, Human Rights Watch said. For decades, Thailand has been a destination for LGBT tourists, and in particular for transgender people seeking gender-affirming health care. Thailand still offers no protections for transgender people, and lawmakers should also seriously consider passing much-needed reforms for trans rights as well.

“Social acceptance has its limitations and is no substitute for protections grounded in law,” Knight said. “Thailand is on the brink of offering more legal protections for LGBT people than it ever has in its history, and setting a positive example for the region.”

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Thai parliament approves marriage equality law

28. March 2024

The Thai parliament yesterday (27 March) voted 399 to 10 to approve the Marriage Equality bill at the final reading, paving the way for Thailand to become the first country in Southeast Asia to recognize marriage for all. At the same time, the use of gendered language in the bill leads to the concern that some rights will remain limited for LGBTQ people.

A rainbow Pride flag was placed on top of the model of the Constitution above Democracy Monument during a protest on 22 August 2021.
(File photo)

The bill proposes to amend the Civil and Commercial Code to use “spouse” instead of “husband” and “wife” and “person” instead of “man” and “woman” to allow marriage registration regardless of gender. All legislation relating to “husband” and “wife” will automatically apply to legally married spouses.

It also proposes to raise the age at which a person can legally marry from 17 to 18 years old, in line with international children’s rights principles.

Move Forward Party MP Nutthawut Buaprathum proposed that to prevent child marriage, the amendments should remove the provision in the Civil and Commercial Code allowing the marriage of an underaged person if they obtain a court order. However, parliament voted to keep this provision.

The final draft of the bill also did not include the gender-neutral term “primary parent" to accompany the terms “mother” and “father,” raising concerns that such gendered language would limit the rights of LGBTQ couples, especially those with children. Members of civil society who were part of the ad hoc committee drafting the bill explained during today’s session in parliament that including the term “primary parent” would make the law inclusive of all identities, including queer or non-binary people.

However, a representative of the majority on the ad hoc committee said that including the term means at least 47 other pieces of legislation would have to be amended, that it would lead to issues in how the term is to be interpreted, and there is no official research on what the impact of including the term would be.

Parliament ultimately voted not to include the term “primary parent” in the amendments, using only the terms “mother” and “father.”

A version of the Marriage Equality bill was proposed in November 2020 by MPs from the Move Forward Party. It passed its first reading in June 2022 along with a Civil Partnership bill proposed by the Ministry of Justice and endorsed by the Cabinet and the Office of the Council of State. Both bills were then forwarded to an ad-hoc committee, but were not returned to parliament in time for their second and third readings before parliament was dissolved.

Out of concern that a cabinet would not be appointed in time to restore the bill to parliament within the 60-day time limit, the MFP re-submitted its marriage equality bill to parliament so that it will not be automatically dismissed.

Meanwhile, a network of civil society organizations and LGBTQ rights activist groups also proposed its own version of the bill, which was submitted to parliament after gaining over 10,000 signatures from eligible voters.

In December 2023, parliament passed the first readings of both the MFP and civil society versions of the bill, as well as versions proposed by the Cabinet and the Democrat Party. The bills were then passed to a 39-person ad hoc committee, whose combined draft was returned to parliament for the second and third readings.

The bill will now be passed to the Senate for another three readings before it is signed into law. iLaw noted that the Senate cannot dismiss a bill outright that has been approved by the House of Representatives. It can, however, request amendments, which will have to be approved by the House. If the House disagrees with the Senate, another ad hoc committee will be formed to amend the bill before putting it through the parliamentary process again.

If a bill does not gain approval from the Senate, it will go back to the House for consideration. A bill can be brought back to parliament after 180 days, or 10 days if it is a finance-related bill. If the House then votes to approve the original draft, it will enter the process of becoming law.

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22-year-old jailed for royal defamation over TikTok clip

27. March 2024

A 22-year-old man has been sentenced to prison over a short video clip on TikTok, joking with a stray cat. The message in the clip was allegedly intended to insult two kings. He was earlier given a suspended sentence.

Thai Lawyers for Human Rights reported that on Tuesday (26 March) the Appeal Court in Kamphaeng Phet Province ruled to sentence Arm (full name withheld) to 3 years in prison after being indicted for royal defamation and violation of the Computer-Related Crime Act over a video clip on TikTok.

The complaint was filed by Buddha Buddhassa, a Kamphaeng Phet resident. He said he came across Arm’s 13 October 2021 clip joking with a stray cat and he felt that the words were intended to be sarcastic toward King Vajiralongkorn and King Bhumibol. Arm said he had never personally known the complainant.  He reported to Kamphaeng Phet Police Station in 2022 before he was indicted earlier last year.

Arm was initially sentenced to 3 years in prison but due to his guilty plea, this was reduced to 1 year and 6 months, suspended as he had never been imprisoned before. He was required to report to probation officers and perform 12 hours of community service. The prosecutor subsequently appealed against the sentence, citing that Arm’s action was deemed serious and he deserved a severe penalty. The court’s decision to reduce the length of the sentence was already lenient, so the prosecutor asked for the sentence not to be suspended.

The Appeal Court on Tuesday overturned the initial sentence and decided to sentence Arm to 3 years in prison without suspension, saying that this is to ensure that others will not imitate his action.

Arm was granted bail with 150,000 baht as security to appeal the sentence to the Supreme Court.

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Pro-democracy activist faces 6th royal defamation charge

26. March 2024

Activist Nawat Liangwattana has been hit with a 6th royal defamation charge for delivering a speech at an August 2023 protest to commemorate those who died in the 2010 crackdown.

Nawat reported to the Pathumwan Police Station last Saturday (23 March) after being informed of the charge, according to Thai Lawyers for Human Rights.

The complaint against him was filed by Anon Klinkaew, leader of the ultra-royalist group People’s Centre to Protect the Monarchy.  Anon has filed several royal defamation complaints against activists and netizens. He has also been involved in attacks on pro-democracy activists and citizen journalists.

The 14 August 2023 protest started from the Pathumwan Intersection and moved to the Ratchaprasong Intersection to commemorate the protesters who died in the 2010 crackdown. In his speech, Nawat called for justice to be given to those who died, stating that “…no one should have been killed by the crown’s bullets.” The plaintiff argued that the statement was made with malicious intent towards the King, a violation of the royal defamation law.

Nawat denied the allegation. As he reported to the police, he was not detained.

The case is his 6th royal defamation charge.  The other charges stem from his participation in pro-democracy protests.

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Marriage equality bill to return to parliament

26. March 2024

Tomorrow (27 March), the marriage equality bill will return to parliament for its second and third readings. Meanwhile, the human rights organization Fortify Rights has called on parliament to ensure that the bill provides equal rights to LGBTQ people.

Participants in the 2023 Bangkok Pride Parade carrying a large rainbow flag past the Siam shopping district. (File photo)

In December 2023, the Thai parliament passed the first readings of four bills proposing amendments to the marriage law to allow registration of marriage regardless of gender. The bills were passed to a 39-person ad-hoc committee, whose combined draft will be returned to parliament for the second and third readings.

If passed, the marriage equality bill will allow LGBTQ couples to legally register their marriage and be given the same rights and recognition as heterosexual couples. It would also make Thailand the first country in Southeast Asia to recognize marriage for all.

Fortify Rights, which served as an advisor to the committee, said that parliament will consider whether to include the gender-neutral term “parent,” in addition to the terms “mother” and “father,” to the bill, noting that the committee did not include such changes in the draft it will return to parliament.

As a result, committee members representing civil society organizations decided to reserve their opinions. Under the Rules of Procedure of the House of Representatives, expressing reservations means they will be entitled to conduct a debate on the issue “unless a contrary decision is made by the assembly.”

Fortify Rights Human Rights Associate Mookdapa Yangyuenpradorn said that to ensure all rights extend to LGBTQ people, “shortcomings” in the committee’s version of the bill should be addressed. She called on parliament to eliminate gendered language present in the draft that may limit the rights of LGBTQ people, especially couples with children.

“While the Thai parliament should urgently pass the marriage equality bill into law, it is crucial to ensure in the bill that LGBTI+ persons are guaranteed all rights and protections without discrimination,” said Mookdapa.

“This bill presents an opportunity for Thailand to eliminate laws that discriminate against LGBTI+ persons once and for all.”

Meanwhile, Move Forward Party (MFP) MP Tunyawaj Kamolwongwat, Deputy Chairperson of the ad-hoc committee, said he is sure that the bill will be approved. He said that it is a good thing that every sector of the society approved of the bill and that it is the “first door to open toward building gender equality in Thailand.” However, he said that there are other issues to work on, including gender recognition.

While Tanyawaj said that MFP believes LGBTQ people should be entitled to form a family, the party believes that other legislation, such as laws on gender identity and the protection of children born via reproductive technology, should also by amended so that LGBTQ can “become fathers and mothers,” as well as determine their own legal identity. He also noted that LGBTQ couples will be allowed to adopt children under the marriage equality bill.

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Activist convicted for royal defamation over protest speech

26. March 2024

Student activist Sirapob Phumpheungphut has been found guilty of royal defamation and sentenced to prison over a speech given at a protest on 18 November 2020 about the monarchy’s role in Thai politics.

Sirapob Phumpheungphut (Photo from iLaw)

Thai Lawyers for Human Rights (TLHR) said today (25 March) that the South Bangkok Criminal Court sentenced Sirapob to 3 years in prison, but later reduced his sentence to 2 years because he gave useful testimony. However, the Court found him not guilty of violating the Emergency Decree and the Public Assembly Act because he did not organize the protest.

The South Bangkok Criminal Court later decided to forward Sirapob’s bail request to the Appeal Court. He will be detained at the Bangkok Remand Prison until a ruling is made.

Sirapob was accused of royal defamation for a speech given at the 18 November 2020 protest, during which protesters marched from the Ratchaprasong Intersection to the police headquarters. The protest came after a crackdown on a protest in front of the parliament complex the day before.

During the protest, activists took turn giving speeches on a speaker truck. Sirapob spoke about the role of the monarchy in Thai politics and the transfer of some army units to be under the King’s direct command.  The Court ruled that his speech was “anti-monarchy” and that his criticism was not made in good faith because he defamed the King by saying that the King was above the Constitution and held centralized power.

Another activist, Chukiat Sangwong, was also charged along with Sirapob. However, he did not appear in court, so the Court struck his case from the case list.

Update: 

The Appeal Court on 27 March denied bail for Sirapob on the grounds that the charges carry a high penalty and he is a flight risk.

TLHR noted, however, that Sirapob's bail request clearly stated that he is a student in a Master's degree programme and has never intended to run.

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