Thailand is preparing for its first general election in eight years, following the military coup in 2014. However, rights groups are pointing out that the upcoming election on March 24th is fundamentally flawed due to restrictions on free speech, media censorship, and suppression of political opposition. Critics fear that without a truly democratic process, the election will not reflect the will of the people and could have long term implications for the country’s political future. In this article, we examine the concerns raised by various rights groups and explore the challenges that Thailand’s electoral process faces.
Thailand’s upcoming general election, scheduled for May 14, 2023, is being held under political, constitutional, and legal frameworks that make a free and fair process nearly impossible, according to a statement by Human Rights Watch (HRW) on April 6. The 2017 constitution that underpins the election was written by a commission appointed by the junta that seized power from a democratically elected government in a military coup in 2014. The 2017 constitution’s provisions entrench military power over civilian rule, including by reserving the right to appoint members of Thailand’s Senate, Election Commission, Administrative Court, and Constitutional Court exclusively to the junta. Moreover, Thailand’s political atmosphere continues to severely restrict human rights as activists, journalists, and dissenting voices are being stifled.
The lower house of Thailand’s parliament is elected, but the 250-member Senate was appointed by the junta and is largely loyal to Prime Minister Gen. Prayut Chan-ocha, the leader of the 2014 coup and current prime minister, who is now running for another term. A majority of the lower house nominates a candidate for prime minister, but with the 250 unelected members of the Senate and the 500-seat lower house voting, a candidate requires a majority of the combined 750 seats (376 votes) to be elected. As a result, pro-military parties will only need 126 of the 500 seats in the parliament’s lower house to join 250 junta-appointed Senate seats to elect a candidate. Opposition political parties, on the other hand, will need to secure almost three times as many votes, 376 seats of the 500 democratically contested seats, to have a chance to get their candidate elected.
HRW and over 50 Thai and international civil society groups highlight these issues in their joint letters to 25 of Thailand’s democratic allies and trading partners, urging governments to raise concerns with Thai leaders, because concerned governments should make clear to Thai authorities before the election that they will monitor the electoral process and the resulting formation of the new government. The authors of the letter proposed concerned governments publicly stating that efforts to undermine the election results will have negative effects on multilateral and bilateral relations. Thailand’s electoral process will not have democratic legitimacy if it is held under a deeply flawed system and in an atmosphere of fear, the authors of the letter say.
The Thai authorities have criminally charged over 1,800 pro-democracy activists, opposition supporters, and critics of the government for expressing their opinions or participating in peaceful political demonstrations since July 2020. Since the authorities consider calls for reform of the monarchy and criticizing the monarchy as treasonous, they use 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. In November 2021, the Constitutional Court ruled that criticizing the monarchy would be considered an act of treason.
Activists assert that concerned governments should urge Thai authorities to release imprisoned dissidents 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, commit to ending digital authoritarianism, and allow freedom of speech, including repealing or imposing moratoriums on the abusive lese majeste (insulting the monarchy) law, the Computer Crimes Act, and sedition law. By doing so, Thai authorities distinguish themselves and restore the human rights and democratic legitimacy of the Thai people.
