Thailand, known as the “Land of Smiles,” has been marred by political instability for decades. The country’s complex political system, military coups, and conflict between the urban elite and rural poor have resulted in periodic protests and violence. With the upcoming general election, the political landscape is heating up once again. However, some experts argue that the election is fundamentally flawed, raising concerns about the future of democracy in Thailand. In this article, we will explore these issues and examine the implications for the country’s political future.
Human Rights Watch has expressed concerns that Thailand’s election, scheduled for May 14, 2023, will not be conducted in a free and fair manner due to political, constitutional, and legal frameworks that make it nearly impossible for such a process to take place. Over 50 Thai and international civil society groups have written joint letters to 25 of Thailand’s democratic allies and trading partners, urging them to raise concerns about the Thai government’s election process. The international rights group also highlighted its concerns about the composition of Thailand’s parliament and the fact that the country’s 2017 constitution was written by a commission appointed by the junta that seized power in a military coup in 2014. The provisions in the constitution entrench military power, which is a detriment to civilian rule. The military appoints members of Thailand’s Senate, Election Commission, Administrative Court, and Constitutional Court under the 2017 constitution. Moreover, the 500-seat parliament’s lower house is democratically elected, but the 250-member Senate, appointed by the junta, is largely loyal to Prime Minister Gen. Prayut Chan-ocha, the leader of the 2014 coup and current prime minister.
Under the 2017 constitutional system, a prime ministerial candidate nominated by a majority of the lower house requires the maximum number of votes to be elected. The candidate needs a majority of the combined 750 seats (376 votes) to secure the position. This means that pro-military parties with 126 out of the 500 seats in the parliament’s lower house can join 250 junta-appointed Senate seats to elect a candidate, which is beneficial for them. However, opposition parties need to secure nearly three times as many votes, 376 out of the 500 democratically contested seats, to have a chance to get their candidate elected.
Human Rights Watch is concerned that the Thai authorities may instruct senators to vote for a particular candidate or otherwise overturn the election results. As a result, the group has urged concerned governments to notify Thai authorities before the election that they will monitor the election process and resulting formation of the new government. They should publicly state that efforts to undermine the results of the election, such as instructing senators to vote for a particular candidate, will have adverse effects on multilateral and bilateral relations.
Human Rights Watch has also highlighted Thailand’s political atmosphere, which significantly restricts human rights. Since July 2020, Thai authorities have imposed criminal charges on over 1,800 pro-democracy activists, opposition supporters, and government critics for expressing their opinions or participating in peaceful political demonstrations. Over 280 children, including 41 under age 15, were charged. The government considers calls to reform the monarchy as treasonous and uses serious criminal provisions with harsh penalties to prosecute students and pro-democracy activists who call for reforms. The Election Commission prohibits any references to the monarchy in election campaigns and has threatened to dissolve parties and prosecute party executives and candidates for any violation of this prohibition. Furthermore, the Constitutional Court ruled in November 2021 that criticizing the monarchy would be considered an act of treason.
Human Rights Watch has also called on concerned governments to urge Thai authorities to release from detention and drop charges against political party members and supporters, human rights defenders, journalists, and pro-democracy activists detained for the peaceful exercise of their civil and political rights. The authorities should also end censorship of the media and allow freedom of speech, including by repealing or imposing moratoriums on the abusive lese majeste (insulting the monarchy) law, the computer crimes act, and sedition law.
Human Rights Watch believes that unless the Thai government addresses the fundamental flaws in the country’s electoral process and restores the human rights of its citizens, the international community will not consider the next Thai government to be democratically elected.
