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- New report shows Southeast Asian parliamentarians remain at risk despite democratic trappingsNew report shows Southeast Asian parliamentarians remain at risk despite democratic trappingseng editor 1
In many countries in Southeast Asia – most notably in Myanmar but also elsewhere – parliamentarians and ex-parliamentarians continue to be subject to multiple forms of human rights violations, according to the latest annual Parliamentarians At Risk report from ASEAN Parliamentarians for Human Rights (APHR), launched today (25 April) in Manila, the Philippines.
Pita Limjaroenrat, then-leader of the Move Forward Party, speaking at the party's final campaign event before the May 2023 general election.“Parliamentarians’ ability to safely conduct their mandate and to speak and act on behalf of their constituents, are important ways for power to be checked and democracy to be strengthened. Today, our collective voice will send a clear message that an attack against one parliamentarian is an attack against the democratic institution of parliament itself,” said APHR Chair and member of the Indonesian House of Representatives Mercy Barends. “We stand in solidarity with them, ensuring that the voices of those who are silenced are not forgotten, and calling for an end to the violations of their human rights and fundamental freedoms.”
In 2023, parliamentarians in Southeast Asia continued to face threats and harassment. Myanmar remains the worst country when it comes to jailing members of parliament (MPs), with all 74 of those detained in the region being held there.
A total of 73 of the lawmakers from the National League for Democracy (NLD), and only one was from another party, the Mon Unity Party, a fact that demonstrates the political nature of the arrests, since it is MPs from the NLD – which resoundingly won the 2020 election – that are overwhelmingly targeted. Many of the ousted parliamentarians are continuing their work in hiding, either inside Myanmar or abroad, because if found by the military they are at risk of detention, torture, and even death. Some have seen their family members harassed and their properties seized by the military.
But Myanmar is not the only place where harassment against lawmakers takes place, and governments in many Southeast Asian countries have continued to use judicial harassment in particular against opposition lawmakers. In the Philippines, for example, while APHR Member and former senator Leila de Lima was finally released on bail after almost seven years of unjust detention in November 2023, she is still awaiting trial for the last remaining drug case against her.
“My case is just one among the many cases our region continues to see. It is a reflection of how Southeast Asia, a region of so much potential, is witnessing a worrying trend of authoritarianism where opposition figures are silenced, dissenting voices are stifled, and ultimately fundamental freedoms are quashed,” said de Lima. “This is done through a spectrum of tactics, such as the continuing use of draconian laws to curb free speech, to time and jail, intimidation, and violence.”
Opposition MPs also continue to face harassment in the Philippines, in particular through the dangerous use of “red-tagging”, in which political activists, journalists, and others are accused of being communists. Those who are “red-tagged” are often physically attacked.
Two countries – Thailand and Cambodia – held elections in 2023, but in neither of those countries were citizens freely allowed to vote for the political leadership they wanted, either due to physical and judicial intimidation against MPs, or through non-democratic state apparatus preventing the will of the people from being fulfilled.
Consistent with recent elections in Cambodia, the 2023 vote was another farce that only served to bolster the grip on power held by Hun Sen – the autocratic strongman who has ruled since 1985 – and his allies. Only three parties participated in the election, and the country’s largest opposition party, the Candlelight Party, was barred from participating on dubious administrative grounds weeks before the election took place. In the weeks leading up to the election, the Hun Sen regime also launched relentless attacks against human rights defenders and opposition parties.
Meanwhile in Thailand, the Move Forward Party was prevented from forming a government by unelected senators, despite winning the highest number of votes in the May 2023 elections. As well as being prevented from becoming prime minister, a campaign of judicial harassment has also been pursued against then-party leader Pita Limjaroenrat, and the Move Forward Party, part of a pattern that has been used against progressive politicians in recent years – most notably members of Future Forward, Move Forward’s predecessor.
In Malaysia, while the new government campaigned on a platform of reform, judicial harassment continues, including through draconian laws such as the Sedition Act, which APHR has repeatedly called to be repealed. The act – which has previously been used against opposition parliamentarians – can carry a punishment of three to seven years in prison for vaguely worded offenses, including acting with “seditious tendency” against the government.
“Parliaments – and by extension parliamentarians – play a crucial role in providing oversight of the government in a functioning democracy. It is therefore of the utmost importance that lawmakers can conduct their mandate without fear of reprisals from the government,” said APHR Board Member and Malaysian member of parliament Wong Chen. “In view of the continued risks faced by parliamentarians in the region, APHR continues to call on all stakeholders and international partners to step up collective efforts in protecting parliamentarians at risk in the region.”
25 April 25 202410909 at http://prachataienglish.com - Murdered indigenous activist remembered 10 years after disappearanceMurdered indigenous activist remembered 10 years after disappearanceeng editor 1
Members of the Bang Kloi community and civil society organizations gathered on 17 April to commemorate the 10th anniversary of the disappearance of indigenous rights activist Porlajee Rakchongcharoen, while the community continues to face land right issues.
Photos of Porlajee, Ko-i, and Gift placed at the event before the vigil. (Photo by Ginger Cat)
The event took place at the Pong Luek-Bang Kloi village in the Kaeng Krachan National Park, where the Bang Kloi community was forcibly relocated in 2011 after park and military officials raided the Bang Kloi Bon and Chai Phaen Din villages and burned down their houses and rice barns. Community members held a vigil for Porlajee, as well as Ko-i Meemi, the community’s late spiritual leader, and activist Gift Tonnamphet, who died in June 2023 from dengue fever after her treatment was delayed due to alleged negligence by a local hospital.
After the vigil, the Friends Without Borders Foundation organized a screening of several short films, including “The Way of Lives,” a documentary about the Bang Kloi and Chai Phaen Din communities, and “The Purple Kingdom,” which featured Porlajee’s widow Pinnapa Pruksapan.
On 18 April, community members participated in a discussion group about issues facing the community. The Cross-Cultural Foundation (CrCF) reported that several participants said they want to return to the original location of the Bang Kloi Bon village, since they do not have access to farmland at Pong Luek-Bang Kloi. They also want the Thai authorities to acknowledge the existence of indigenous peoples and to deliver justice to Porlajee’s family.
Children in the Bang Kloi community looking at a timeline of human rights violation against the community, which was displayed in the Pong Luek-Bang Kloi village during the two-day event. (Photo by Ginger Cat)
A community and indigenous rights activist and a leader of the Bang Kloi indigenous Karen community, Porlajee was last seen on 17 April 2014, after he was detained by then-Superintendent of Kaeng Krachan National Park Chaiwat Limlikitaksorn and four other officials for allegedly foraging for wild honey. Chaiwat insisted he only held Porlajee for questioning before letting him go and denied any involvement in his disappearance.
Before his death, Porlajee had been campaigning for the Bang Kloi community’s right to return to the original location of their village at Chai Phaen Din in the Kaeng Krachan forest, to live according to their traditional way of life. He had also been campaigning for the community to be compensated for the damage caused during the 2011 forced evacuation.
In September 2019, fragments of a human skull were found in a 200-litre oil drum in the Kaeng Krachan Dam, along with 2 steel rods and pieces of charcoal. The bone fragments were later confirmed to be Porlajee’s by DNA testing, leading to speculation by DSI officers that his body was burned to destroy evidence.
Chaiwat, now Director of the National Parks Office in the Department of National Parks, Wildlife, and Plant Conservation (DNP) and three other park officials were charged with pre-meditated murder and indicted in August 2022 for their alleged involvement in Porlajee’s abduction and death.
Porlajee's widow Pinnapa Pruksapan speaking during the discussion group on 18 April. (Photo by Ginger Cat)
On 28 September 2023, the Central Criminal Court for Corruption and Misconduct Cases dismissed the charges against the four officials, citing insufficient evidence to prove that they abducted and murdered Porlajee. However, it found Chaiwat guilty of misconduct for not recording Porlajee’s arrest and not handing him over to the local police to be charged with possession of wild honey. He was sentenced to 3 years in prison but was later granted bail in order to appeal the case.
Porlajee’s family has decided to file a civil lawsuit against the DNP for 44 million baht in damages, since the department is the original affiliation of the four officials last seen with Porlajee and should be held liable for damage caused by the officials’ actions.
Meanwhile, 28 members of the Bang Kloi community face encroachment charges after they decided to travel back to Chai Phaen Din in early 2021. Community leader Pongsak Tonnamphet said that representatives of the community have filed a petition with the Ministry of Justice and the Office of the Attorney General for the charges against them to be dismissed. The public prosecutor has yet to decide whether to indict them, and Pongsak said he hopes a tripartite committee will be formed to find a solution to the issues facing the community.
23 April 23 202410908 at http://prachataienglish.com - Former activist warned by police to stay away from political activitiesFormer activist warned by police to stay away from political activitieseng editor 3
A former activist has been cautioned by the police against participating in any further political activities, despite having been inactive for years.
Dave, a 26-year-old rapper of Rap Against Dictatorship (R.A.D.), revealed on Thursday that the police visited his home in Nakhon Ratchasima Province while he was absent, according to Thai Lawyers for Human Rights.
His mother said that a group of police came to meet Dave. They showed pictures of Dave participating in political activities a few years ago and asked his mother whether he’s still active.
However, the former activist was uncertain about which organization the police belonged to or their intention. Dave said the police informed his mother about his past involvement in protests and other political activities, warning him to refrain from such activities in the future.
As Dave was away from home when the police arrived, they asked his mother for his contact number, which she declined to provide.
In addition to visiting his home, the officers also canvassed the neighbourhood, asking his neighbours if they had seen him around recently. This caused alarm among the neighbours.
This is not the first such incident he has faced. A few years ago, when he was active, his mother received a call from the police asking about his activities though Dave was unaware of how they got his mother’s phone number.
Dave admitted that he is secretly worried about facing a lawsuit, but he remains positive that it’s unlikely. Although he was involved in political activities during 2020-2021, he has not been involved in activities for a while and has not faced any charges.
22 April 22 202410907 at http://prachataienglish.com - Red Shirt’s return sparks hope for democratic renewalRed Shirt’s return sparks hope for democratic renewaleng editor 1
‘Exile’ will be the word of the year for Thailand’s democracy in 2024.
In March, Jakrapob Penkair, former Thai minister and leader of the Red Shirt movement, returned to Thailand after a 15-year self-imposed exile. He was detained by authorities upon arrival following several charges against him, particularly allegations of storing an arsenal of firearms.
Analysts have dubbed this phenomenon as the “Thaksin Model”, after the return of ousted former Prime Minister Thaksin Shinawatra last August.
The return of Jakrapob will define a new chapter in Thai politics as it could pave the way for the return of hundreds of Thai political refugees who fled the country as a result of the 2014 military coup, staged by a Thai junta under Prayuth Chan-Ocha.
A pivotal figure in the Red Siam movement, Jakrapob’s bold stances against Thailand’s entrenched power structures earned him both acclaim and peril. Despite facing relentless persecution and threats, his return signals a potential turning point in Thai politics.
However, for Jakrapob, the challenge is twofold: reconciling with the establishment that once forced him out and ensuring that the plight of those persecuted under policies such as Thailand’s lèse-majesté law (Article 112) is addressed.
Since Jakrapob was one of the most vocal advocates for reforming Article 112 during his time as a politician and Red Shirt leader, he must ensure that those affected by it will be included in any amnesty bill. Otherwise, his legacy as one of the few political leaders who went head-to-head with the “Ammart system” (a system which prioritises aristocracy over ordinary people), will have all been in vain.
If he is somehow able to be reconciled successfully with the establishment that forced him out of his homeland, Jakrapob could play a key role in ensuring that not only will Thai political refugees be able to return home safely but that they could possibly be exempted from the draconian punishment of Article 112 and other laws.
However, as a leader of the Red Siam movement, Jakrapob still carries the responsibility of pushing forward a number of the faction’s stated missions, either directly or indirectly.
As the political landscape evolves with movements like the Move Forward Party gaining momentum, Jakrapob’s role remains pivotal. While not the originator of reformist ideals, his past leadership pushed these issues into public realm. Now, he must navigate a changed landscape, where his role may differ, but his commitment to democratising Thailand must remain resolute.
Jakrapob and other leaders of Red Siam brought reformist ideals to the forefront after the 2006 military coup. It’s crucial for movements like the Move Forward Party to acknowledge their contributions, emphasising that the fight for democracy is ongoing. While honouring past sacrifices, it’s equally important for veteran politicians to reassess their roles if they diverge from the pursuit of reform.
The Move Forward Party stands for reforming powerful Thai institutions and economic monopolisation in the country. This is not something new. At the same time, while the Move Forward Party and its supporters should recognise the sacrifices of previous generations, those veteran politicians and activists in the government should not hold onto power and relevance if they do not want to continue pursuing this course anymore.
Amid expectations, Jakrapob faces a delicate balance. He must avoid becoming a mere echo of past glory or a tool for those who betray the very principles he fought for. His legacy, intertwined with the sacrifices of pro-democracy demonstrators, demands a steadfast dedication to true democracy, where justice, freedom and the rule of law reign supreme.
One thing is clear: Jakrapob won’t be playing the same role that placed him in the political limelight more than a decade ago. His latest attempts to organise an international movement against the Thai junta to form a government-in-exile fell short.
As Thailand looks to the future, Jakrapob’s next moves will be scrutinised. Maybe he could rework the old plan, adjusting it to the contemporary context while still holding true to the original goals of democratising Thailand and liberating it from its “state within the state”.
Undeniably, given his political legacy, those from Thailand’s democratic camp have higher expectations of him than they do of other leaders in the incumbent cabinet.
Jakrapob needs to consider his next move very carefully if he is to prevent himself from falling into the category of being a mouthpiece or a “useful lawyer” who justifies and defends a political party that went against its own principles, promises, and everything that its supporters stood for, from the past until the present.
The sacrifices made by the pro-democracy demonstrators from the Red Shirt era and various students’ movements are not meant to be used as just a political ladder for any party to get into power and form a government, or to help some politicians fulfil their personal dream of assuming a ministerial position.
For all those sacrifices to have been worth it, a true democracy that includes the rule of law, justice for those political refugees and freedom of speech must be a foremost priority for any democratic government now and in the future.
Thanapat Pekanan is a research fellow at the Institute of Security and International Studies (ISIS), Chulalongkorn University’s Faculty of Political Science.
Originally published under Creative Commons by 360info.
The post Red Shirt's return sparks hope for democratic renewal appeared first on 360.
19 April 19 202410905 at http://prachataienglish.com - Thailand: Looming dissolution of main opposition party in breach of international lawThailand: Looming dissolution of main opposition party in breach of international laweng editor 1
The International Federation for Human Rights (FIDH) and its member organizations Thai Lawyers for Human Rights (TLHR) and Union for Civil Liberty (UCL) call on Thailand’s Constitutional Court to dismiss the petition to dissolve the Move Forward Party (MFP) to ensure compliance with the country’s obligations under international human rights law.
Pita Limjaroenrat, then-Move Forward Party leader, speaking at the party's final campaign event before the 2023 general election.
On 3 April 2024, the Constitutional Court accepted a petition filed by the Election Commission (EC) to seek the dissolution of the opposition Move Forward Party (MFP), the political party that won the highest number of votes (14.4 millions) and parliamentary seats (151) in the 14 May 2023 general election.
The case against the MFP stemmed from the party’s submission of a bill to the Speaker of the House of Representatives in March 2021 to amend Article 112 of the Thai Criminal Code (known as lèse-majesté, or royal defamation)[1], as well as its campaign to amend Article 112 during the period leading up to the general election. If dissolved, the party’s leader and executive members face a ban on holding political office for 10 years.
“Proposing laws is a legitimate and natural prerogative of legislators and should never lead to the dissolution of a political party. The looming dissolution of the Move Forward Party would disenfranchise millions of voters and breach Thailand’s obligations under international human rights law. It’s time for Thailand’s so-called ‘independent institutions’ to stop unduly interfering in democratic processes and constantly nullify the will of the voters,” said FIDH Secretary-General Adilur Rahman Khan.
The dissolution of a political party and a ban on its leaders and executives on holding political office are inconsistent with several provisions of the International Covenant on Civil and Political Rights (ICCPR), to which Thailand is a state party. Such provisions guarantee the right to freedom of expression (Article 19), the right to freedom of association (Article 22), and the right to take part in the conduct of public affairs and to be elected (Article 25). Thailand has an obligation to fully respect, protect, and fulfill these rights.
The right to freedom of expression is “particularly necessary to ensure the functioning of political parties in a democratic society,” according to the United Nations (UN) Human Rights Committee (CCPR), the body that monitors state parties’ compliance with the ICCPR’s provisions.[2]
The right to freedom of association includes the right to form and join associations concerned with political and public affairs, as well as the right of such associations to freely carry out their activities. The CCPR has regarded political parties as “a form of association essential to the proper functioning of democracy,” including those whose existence and operation “peacefully promote ideas not necessarily favorably received by the government or the majority of the population.”[3]
Under the ICCPR, the restrictions on the rights to freedom of expression and freedom of association are permissible only if they comply with the strict tests of legality, necessity, and proportionality. In particular, the ICCPR has emphasized that any restrictions on political parties must be necessary to address “a real and not only hypothetical threat to national security or democratic order” and “proportionate to the interest to be protected.”[4]
FIDH, TLHR, and UCL believe that the dissolution of the MFP simply because of its legitimate proposal to amend legislation through lawful means guaranteed by Thailand’s Constitution and international law would amount to an unnecessary and disproportionate restriction on the rights to freedom of expression and freedom of association, and, as such, is inconsistent with the ICCPR’s provisions.
In addition, the ICCPR reaffirmed that political parties and membership in parties “play a significant role in the conduct of public affairs.”[5] According to the ICCPR, the exercise of the right to participate in the conduct of public affairs by citizens can only be suspended or excluded on “objective and reasonable” grounds.[6] It further noted that the full exercise of such right requires the full enjoyment of, and respect for, the rights to freedom of expression and association, including “freedom to debate public affairs, […], to criticize and oppose, […] and to advertise political ideas.”[7]
The ban on party executives on holding political office, therefore, unreasonably deprives them of the right to take part in the conduct of public affairs.
FIDH, TLHR, and UCL note that for more than a decade, many UN human rights experts and bodies have found Article 112 of Thailand’s Criminal Code to be inconsistent with international human rights law and have called for its amendment or repeal.
FIDH, TLHR, and UCL recall that, on 12 February 2024, Thailand’s Prime Minister Srettha Thavisin stated that discussion around the Thai monarchy should be held in “appropriate venues,” including Parliament.
FIDH, TLHR, and UCL also recall the remarks made by Mr. Srettha himself on 6 April 2023 that Article 112 was “problematic in its enforcement,” and that it needed to be reviewed “to prevent it from being used as a political tool.” On a separate occasion, on 3 May 2023, Mr. Srettha stated that Article 112 should be amended.
A history of one-sided party dissolutions
The EC’s petition was based on the Constitutional Court’s ruling on 31 January 2024 that the MFP’s proposed policy to amend Article 112 amounted to an attempt “to overthrow the democratic regime of government with the King as head of state,” stipulated in Article 49 of Thailand’s Constitution – an accusation the MFP has repeatedly denied. The Constitutional Court ordered that the MFP refrain from taking any further actions and expressing opinions that advocate for the repeal of Article 112. The ruling provided grounds for the EC to request the Constitutional Court to dissolve the MFP and ban its executives from holding political office under Article 92 of the 2017 Organic Act on Political Parties, which stipulates that the Constitutional Court can order the dissolution of political parties that commit acts to overthrow the constitutional monarchy.
Over the past two decades, the Constitutional Court dissolved several key anti-establishment political parties on questionable grounds, and banned their executives from holding political office for up to 10 years.
On 30 May 2007, the Constitutional Court dissolved the Thai Rak Thai party, and banned 111 executives from politics for five years for allegedly manipulating the April 2006 general election.
On 2 December 2008, the Constitutional Court ordered the dissolution of the then-ruling People’s Power party for electoral fraud in relation to the general election in December 2007. The Court also banned 37 party leaders and executives from politics for five years, including then-Prime Minister Somchai Wongsawat.
On 7 March 2019, the Constitutional Court dissolved the Thai Raksa Chart party and banned 14 executives from politics for 10 years for nominating King Rama X’s sister, Ubolratana Mahidol, as a prime ministerial candidate ahead of the March 2019 general election. The Court considered the nomination to be “hostile to constitutional monarchy,” which it deemed to be in violation of Article 92 of the 2017 Organic Act on Political Parties.
On 21 February 2020, the Constitutional Court ordered the dissolution of the MFP’s predecessor Future Forward Party (FFP) for violating election laws. The Court ruled that a 191 million baht (approx. US$6 million) loan the FFP obtained from its leaders was in violation of Article 66 and 72 of the 2017 Organic Act on Political Parties, which limit legal donations from individuals at 10 million baht (approx. US$316,000), although there is no specific provision prohibiting anyone from issuing a loan to a political party. The Court also banned 16 party executives from politics for 10 years.
[1] Article 112 of the Thai Criminal Code punishes with prison terms of three to 15 years per count anyone who is found guilty of defaming, insulting or threatening the King, Queen, Heir to the throne or Regent.
[2] UN Human Rights Committee, Views adopted by the Committee under article 5 (4) of the Optional Protocol, concerning communication No. 3593/2019, 15 January 2021; UN Doc. CCPR/C/130/D/3593/2019
[3] Ibid.
[4] Ibid.
[5] UN Human Rights Committee, General Comment No. 25: The right to participate in public affairs, voting rights and the right of equal access to public service (Art. 25), 12 July 1996; UN Doc. CCPR/C/21/Rev.1/Add.7
[6] UN Human Rights Committee, Views adopted by the Committee under article 5 (4) of the Optional Protocol, concerning communication No. 3593/2019, 15 January 2021; UN Doc. CCPR/C/130/D/3593/2019
[7] Ibid.
17 April 17 202410904 at http://prachataienglish.com - Chiang Mai students commemorate 14th anniversary of Red Shirt crackdownChiang Mai students commemorate 14th anniversary of Red Shirt crackdowneng editor 1
Students at Chiang Mai University and local activists gathered on 10 April to commemorate the 14th anniversary of the 10 April 2010 crackdown on Red Shirt protesters in Bangkok, which killed 26 people and injured over 800.
The students handed out leaflets containing information about the April-May 2010 crackdown and displayed a photobook about the Red Shirt movement. They then held a candlelit vigil for the victims of the crackdown and sang the protest song “Ashes of the Fighters,” often associated with the Red Shirt protests.
“We don’t want to just remember [them],” said one of the activists. “We want to reclaim justice and human dignity. We want to reclaim the lives and souls of the Red Shirts.”
Another gathering took place in Bangkok, attended by former Red Shirt leaders and representatives of political parties. Meanwhile, student organizations issued statements calling for an end to state violence and justice for the victims. The Ramkhamhaeng University Student Council released a statement noting that none of those responsible for the crackdowns against the Red Shirts have been brought to justice, while victims’ families have not been compensated. Some protesters are still imprisoned.
The Student Council therefore called on the government to hold accountable anyone responsible for the crackdown and ensure that every victim’s family is compensated for damages.
26 student organizations from Thammasat University, Chulalongkorn University, Kasetsart University, Mahidol University, and Chiang Mai University also issued a joint statement condemning the crackdown as a serious crime by the state which should not been seen as normal. They vowed to demand justice for the Red Shirt protestors and to not allow such violence to happen again.
The 10 April 2010 was the first in a series of military operations against Red Shirt protesters, who were protesting against the government led by Abhisit Vejjajiva. The military deployed live rounds against protesters in the Ratchadamnoen area, killing 26 people. It was followed by further operations culminating on 19 May 2010. Between 10 April - 19 May 2010, 99 people died and over 1200 were injured.
16 April 16 202410903 at http://prachataienglish.com - Red Shirt supporters mark 14th anniversary of 2010 crackdownRed Shirt supporters mark 14th anniversary of 2010 crackdowneng editor 3
Photos by Ginger Cat
Members of the general public and political figures gathered on Ratchadamnoen Road in memory of those who died during the 2010 crackdown on Red Shirt protests. Fourteen years on, the victims have yet to receive justice.
In 2010, Red Shirt supporters staged protests in Bangkok to demand that then prime minister Abhisit Vejjajiva dissolve parliament and hold an election. During the crackdown, the military used live ammunition against the protesters. Between 10 April and 19 May 2010, 99 people were killed and over 1200 were injured. In memory of those who died, a ceremony was staged on Wednesday (10 April) at the 14 October 1973 Memorial.
The event began with religious rites, followed by a wreath-laying ceremony. Members of the general public, former Red Shirt protesters, activists, and members of political parties were in attendance.
Thida Thavornseth, a former Red Shirt protester, urged political parties to seek justice for those who died during the crackdown. She also demanded that the victims to be publicly exonerated of all wrongdoing and called for those actually responsible for the violence to be tried for their crimes.
Thida Thavornseth
Pheu Thai Party Deputy Spokesperson Chanin Rungtanakiet stressed that the party will always stand for the Red Shirt protesters. He admitted that his party had been unable to pass an amnesty bill for the victims but said that party leaders remain committed to doing so.
Chanin Rungtanakiet
He was heckled during his speech by audience members, some of whom held up a banner carrying a picture of former PM Thaksin Shinawatra along with the message that Pheu Thai Party had reneged on its promise.
Another speaker, Weng Tojirakorn, said that Pheu Thai party would only be able to regain the support of former Red Shirt movement members if it enacted legislation to give civil courts jurisdiction over military officials accused of criminal wrong-doing and quickly established a constitution drafting commission.
Weng Tojirakorn
Nattawut Saikua, a former Red Shirt leader, pointed out that under the terms of the National Anti-Corruption Commission Bill, lawsuits involving the 2010 crackdown must be adjudicated within the space of 15 years, leaving 1 year before they expire. He urged the bill to be amended so that dismissed cases can be brought back and sent to the prosecutor for deliberation.
Nattawut Saikua
Sasinan Thamnithinan, a Move Forward Party’s MP, said that she was inspired to enter politics by the Red Shirt movement. She noted that her party is calling for the bail rights of political detainees. She also said that before granting a general amnesty, the truth should be determined about how people died to bring closure for the families of victims.
Sasinan Thamnithinan
At the end of the ceremony, those in attendance organized a candlelight vigil and placed flowers in memory of the dead.
12 April 12 202410902 at http://prachataienglish.com - ECT to seek disqualification of former MFP MPECT to seek disqualification of former MFP MPeng editor 1
The Election Commission of Thailand (ECT) is filing a petition with the Constitutional Court seeking the disqualification of former Move Forward Party (MFP) MP Nakornchai Khunnarong on the grounds that he ran in the 2023 general election knowing that he was ineligible.
Nakornchai Khunnarong
Several local news outlets, including Matichon Online, the Thai News Agency, and Isra News reported on 5 April that a document was published on the ECT’s website stating its decision to seek Nakornchai’s disqualification.
The document, dated to 6 February 2024 and signed by ECT Chair Ittiporn Boonprakong, stated that the ECT believes that Nakornchai ran in the election knowing that he was ineligible because he had served a prison sentence for theft.
The document notes that Nakornchai told the ECT that because it was 25 years ago, he could not remember the details of the case except that he was charged with receiving stolen property. He also said that he believes he was eligible to run in the election because his criminal record was erased under the 2007 Absolution Act, which expunged the criminal records of those who had completed their prison sentences.
The ECT said, however, that it believes Nakornchai knew he was ineligible and still ran in the election on the grounds that the Absolution Act only erases a person’s criminal record but not the verdict against them. It also said that, as a candidate, Nakornchai was responsible for ensuring that he is eligible. The ECT therefore decided to petition the Constitutional Court to disqualify him from running in an election. After a ruling is made, the ECT may file a criminal charge against him and hold him accountable for the cost of organizing the by-election in his Constituency.
Nakornchai, who was elected as MP for Rayong’s 3rd Constituency, resigned on 3 August 2023, after Sereepisuth Temeeyaves, leader of the Thai Liberal Party, disclosed that he had been previously sentenced to prison for theft, which made him ineligible to run under the election law.
Nakornchai admitted that he was jailed for theft in 1999, when he was 20 years old. He said he was partying with friends and noticed a wristwatch on a table. He picked it up and asked around for its owner. After the police arrived, his friend confessed to stealing the watch while he denied it. He was nonetheless taken into custody and given a confession to sign. He was later sentenced to 1 year and 6 months in prison.
In his resignation announcement, he said that he believes the crime for which he was convicted does not disqualify him from running and insisted that he did not know he was ineligible.
A by-election took place following Nakornchai’s resignation, in which the MFP candidate Pongsathon Sornphetnarin won against a depleted field.
11 April 11 202410901 at http://prachataienglish.com - RSF representative deported from Hong Kong on attempt to monitor Jimmy Lai’s national security trialRSF representative deported from Hong Kong on attempt to monitor Jimmy Lai’s national security trialRSF representative deported from Hong Kong on attempt to monitor Jimmy Lai’s national security trialeng editor 1
A representative of Reporters Without Borders (RSF) has been deported from Hong Kong on arrival to the territory to monitor the landmark trial of publisher Jimmy Lai, who faces the rest of his life behind bars on spurious national security charges. This action by the Hong Kong authorities, unprecedented for RSF, marks a new decline in the already poor press freedom climate in the territory.
On 10 April, RSF’s Taipei-based Advocacy Officer Aleksandra Bielakowska was detained for six hours, searched, and questioned at Hong Kong's international airport before being deported from the territory. She was on a mission, along with RSF’s Asia-Pacific Bureau Director Cédric Alviani, to meet journalists and monitor a hearing in the trial of Jimmy Lai, the founder of independent newspaper Apple Daily, who is currently facing possible life imprisonment for "endangering national security."
“We are appalled by this unacceptable treatment of our colleague, who was simply trying to do her job on behalf of Reporters Without Borders (RSF). We have never experienced such blatant efforts by authorities to evade scrutiny of court proceedings in any country, which further highlights the ludicrous nature of the case against Jimmy Lai, and the dire erosion of press freedom and the rule of law in Hong Kong. We demand an immediate explanation from the Hong Kong Special Administrative Region and a guarantee that our representatives can return to the territory safely to monitor the remainder of Lai’s trial, which cannot take place in darkness. The world must know what is happening in Hong Kong, which has implications for global press freedom," said Rebecca Vincent, RSF’s Director of Campaigns.
Bielakowska was stopped at the airport immigration office and detained for six hours. She was questioned throughout her detention, and she and her belongings were thoroughly searched three times. A very vague notice of detention was issued, providing as its only justification that her deportation from Hong Kong was “imminent and/or immediate”.
"They detained me for six hours, questioned me, and searched me and my belongings several times. After all this, I was deported under a nebulous pretext. This ordeal demonstrates how much the Hong Kong authorities fear NGO workers and human rights defenders who seek to report on the authoritarian climate that has taken hold in the territory that was once a bastion of press freedom," said Bielakowska.
This is the first time any RSF representative has been denied entry or held at the Hong Kong airport. RSF representatives successfully entered the territory in June 2023 and again in December 2023, when they monitored the opening of Jimmy Lai’s trial. On those occasions, RSF’s representatives – including Bielakowska – were able to enter the territory, hold meetings with journalists and diplomats, and monitor court proceedings without any problems.
RSF regularly monitors trials around the world as part of its normal work defending press freedom – from proceedings against journalists in Türkiye, to the ongoing US extradition case against Julian Assange in UK courts.
Hong Kong ranks 140th out of 180 in RSF’s 2023 World Press Freedom Index, having plummeted from 18th place in two decades. China itself ranks 179th out of 180 countries and territories evaluated.
11 April 11 202410900 at http://prachataienglish.com - HRW: Thailand must halt forced return to MyanmarHRW: Thailand must halt forced return to Myanmareng editor 1
The Thai government’s decision not to forcibly return 19 children to Myanmar should be expanded to include all refugees from Myanmar, Human Rights Watch said today (11 April).
On March 12, 2024, officials from Thai immigration and the Ministry of Social Development and Human Security took 19 Myanmar children, ages 5 to 17, from Wat Sawang Arom School in Lopburi province in central Thailand and brought them without their parents to the border in Chiang Rai province prior to repatriating them to Myanmar. Thai members of parliament, human rights groups, and the National Human Rights Commission of Thailand strongly criticized the planned return. On March 26, Social Development and Human Security Minister Varawut Silpa-archa said in a media interview that his agency would not return the 19 children to Myanmar, and that they could remain in Thailand.
“Thai authorities showed sympathy and support by allowing 19 children from Myanmar to remain in Thailand,” said Elaine Pearson, Asia director at Human Rights Watch. “The government’s next step should be to assure all those fleeing Myanmar that they can seek protection in Thailand.”
Prior to Varawut’s announcement, Thai officials had said that the 19 children were “undocumented” and were irregularly living in Thailand. The previous government in July 2023 had used a similar argument to justify sending back 126 “undocumented” Myanmar children from a school in Ang Thong province, despite concerns raised by the National Human Rights Commission of Thailand and human rights groups.
Varawut’s assurances that these 19 children could remain in Thailand should become Thai government policy for all Myanmar refugees, as long as the human rights situation in Myanmar remains dire, Human Rights Watch said. Fighting since early April around the Myanmar border town of Myawaddy, opposite Mae Sot in Thailand’s Tak province, has raised concerns about future influxes of refugees.
Thai Foreign Minister Parnpree Bahiddha-Nukara said on April 9 that the government has prepared to receive up to 100,000 refugees temporarily.
Not everyone fleeing conflict and rights abuses in Myanmar has been able to seek protection in Thailand. In late October, the Thai military forcibly returned thousands of refugees who had been sheltering in border areas next to Myanmar’s Karenni State.
Any forced returns to Myanmar may violate Thailand’s obligations as a party to the Convention Against Torture and the customary international law principle prohibiting refoulement, the forcible return of anyone to a place where they would face a genuine risk of persecution, torture or other ill-treatment, or a threat to their life.
Since the February 2021 coup, Myanmar’s military junta has carried out a nationwide campaign of mass killings, torture, arbitrary arrests, and indiscriminate attacks that amount to crimes against humanity and war crimes. More than two million people have been internally displaced and more than 109,000 refugees have fled to neighboring countries.
The Thai government should promptly fulfill its pledge at the Global Refugee Forum in December 2023 to withdraw its reservation to the United Nations Convention on the Rights of the Child. Article 22 guarantees the rights of refugee children, but Thailand’s reservation calls for refugee children to be treated “subject to the national laws, regulations and prevailing practices in Thailand.” The convention also contains protections for children from being forcibly separated from their parents.
Thailand should also provide protection and support to all refugees, including by permitting the UN refugee agency, UNHCR, to undertake refugee status determinations.
“The deteriorating human rights situation in Myanmar could mean that Thailand receives many more refugees in the near future,” Pearson said. “While the Thai government should be assuring refugees that they will not be returned into harm’s way, concerned governments should be prepared to support Thailand to provide protection.”
11 April 11 202410899 at http://prachataienglish.com