A network of ASEAN parliamentarians working to promote human rights in the region has expressed concerns over what they see as attempts by the Thai government to silence lawmakers by politicizing the courts.
The ASEAN Parliamentarians for Human Rights (APHR) warn that a dissolution of the Move Forward Party by the Constitutional Court over its proposal to amend the lèse-majesté law, better known as Article 112 of the criminal code, could have serious repercussions on the 44 of its MPs.
These MPs supported a draft bill to amend the article during the previous parliamentary term in 2021. They insisted that their objective was to place the monarchy above politics and to stop the weaponization of the law by those in power against their political opponents.
They could face lifetime political bans if found guilty and the possible dissolution of the party would lead to a 10-year political ban on the Move Forward Party’s executive members.
APHR said there are hints that the ruling by the Constitutional Court scheduled for August 7 may not favour the Move Forward Party as the Election Commission and the court have already stated that the proposed amendment is an attempt to overthrow the democratic system with the King as Head of State.
“In light of these circumstances, we urge the Thai judiciary to maintain its independence and carefully consider the consequences that its overreach into the prerogatives of the legislature may have on Thailand’s political and economic stability, as well as its international reputation,” said APHR chair and member of the Indonesian House of Representatives Mercy Barends.
APHR pointed out that in the past 20 years, there have been four major cases of party dissolutions. It noted that in 2020, the Future Forward Party, the predecessor to the Move Forward Party, became the fourth victim of what it said was seen by some as a judicial coup.
“The Thai parliament is at risk of losing its function as a check on power when parliamentarians are constantly at risk for advocating reforms through their mandates,” said APHR co-chair and former Malaysian MP Charles Santiago.
APHR called upon “those exercising de facto power in Thailand to refrain from politicising the courts as an instrument to silence parliamentarians on charges that contravene universal democratic principles, for their political longevity and motivation.”
“The dissolution of a political party should only be considered as the last resort in extreme cases and must be implemented with utmost care, caution, and proportionality. The fact alone that a party advocates a peaceful change should not be sufficient for its dissolution,” said Arlene D. Brosas, Philippine member of Parliament and a board member of APHR.
APHR, a network of current and former parliamentarians in ASEAN countries, was founded in June 2013 with the objective of promoting democracy and human rights across Southeast Asia.
