Thailand’s emergency decree ‘an excuse’ to end pro-democracy protests, MPs say

Thailand’s emergency decree ‘an excuse’ to end pro-democracy protests, MPs say

JAKARTA – Southeast Asian lawmakers today heavily criticized the Thai government’s decision to introduce a new emergency decree that severely restricts peaceful assembly and expression, and grants the authorities powers to crackdown on all protesters. They called for it to be immediately rescinded, and for the authorities to immediately and unconditionally release all detained peaceful pro-democracy activists and protesters.

What’s happening now in Thailand is an outright blatant abuse of emergency powers to crack down on fundamental freedoms and shield those in power from any form of legitimate criticisms,” said Charles Santiago, Malaysian MP and Chair of ASEAN Parliamentarians for Human Rights (APHR).

The thousands that have taken to the streets in Bangkok, and nationwide, have done so peacefully, and are fully entitled to raise concerns about the current state of democracy in Thailand,” he added.

The emergency order, which came into force in the early hours of 15 October, is a major threat to human rights in the country. It bans gatherings of five persons or more, and broadly prohibits the publication of news and information “which may instigate fear amongst the people” or that “affect national security or peace and order”. Under the decree the authorities could also arrest and detain people without charge for up to 30 days on grounds as vague as “supporting” or “concealing information” about the protests. During the announcement of the measure, authorities cited the need to “maintain peace and order” and that protesters had “instigated chaos and public unrest”.

Since its imposition, dozens of protesters, including three pro-democracy leaders, were reportedly arrested for their participation in the 14 October rally, which was part of a series of pro-democracy rallies held nationwide in recent months. These have largely been youth-led, and called for major changes to Thailand’s political order, including the dissolution of Parliament, the enactment of a new Constitution and reforms to the monarchy. Since the protest movement began, scores of individuals have faced illegal assembly charges, including those under an earlier COVID-19 emergency decree that authorities have routinely extended, despite the number of confirmed coronavirus cases being minimal nationwide.

Authorities must release the name of all those who have been arrested and ensure that they are given access to lawyers, their families and medical assistance if injured, APHR said.

We call on our fellow parliamentarians in Thailand to immediately exercise their oversight powers, by providing prompt and independent review of the necessity for the use of emergency powers and ensuring that people’s fundamental rights are protected,” added Santiago.

Thailand: Protect fundamental freedoms in the upcoming protests

Thailand: Protect fundamental freedoms in the upcoming protests

International human rights organisations are calling on the Government of Thailand to observe international human rights laws and standards ahead of a planned protest expected to attract tens of thousands to Bangkok this weekend.

‘We urge the Thai government to observe its commitment to the International Covenant on Civil and Political Rights (ICCPR), to facilitate a peaceful assembly and to take all steps necessary to ensure the protection of all participants. Any restriction that the Government imposes must fall under permissible restrictions as defined by international human rights standards,’ the rights groups said.

The statement was jointly issued by the Asia Democracy Network (ADN), the Asian Forum for Human Rights and Development (FORUM-ASIA), ASEAN Parliamentarians for Human Rights (APHR) and the World Alliance for Citizen Participation (CIVICUS).

Having ratified the ICCPR in 1996, Thailand is duty bound to protect the rights to freedom of expression and peaceful assembly.

Article 21 of the ICCPR reads: The right of peaceful assembly shall be recognised. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.

The date of the rally, 19 September, coincides with the anniversary of the 2006 military coup which toppled Prime Minister Thaksin Shinawatra’s government. The intended location, Thammasat University, also holds significance as it has a long history linked to Thai civil society’s struggle for democracy.

‘The Government’s obligation to respect and protect fundamental freedoms extends beyond ensuring these protests are held safely and free from unwarranted interference. Civil society should be free to gather and express their views, free from reprisals by the Government,’ they said.

This weekend’s mass protest follows months of mostly student-led peaceful demonstrations that have erupted across the country, where Thailand’s youth have aired grievances and called for change. Repressive laws limiting the freedoms of expression, peaceful assembly and association remain in place. For many activists, the post-elections period has only been a continuation of the junta, with the same authoritarian leaders and systems in power.

Additional quotes:

Asia Democracy Network (ADN)

‘The struggle of the Thais to demand reforms and expansion of civic space serves as a beacon of hope for all those working to defend democracy in Asia. We urge the Thai government to fulfill its human rights obligations and engage the protesters constructively.’ said the Asia Democracy Network.

Shamini Darshni Kaliemuthu, Executive Director, Asian Forum for Human Rights and Development (FORUM-ASIA)

‘Students, activists and civil society have the right to express their views, individually and as a collective, and the Government should enable safe spaces for people to discuss issues of concern.’

Charles Santiago, Chairperson, ASEAN Parliamentarians for Human Rights (APHR) and Malaysian Member of Parliament

‘Peacefully voicing your opinion in public is not a crime. Those participating in peaceful protests should not do so at the cost of their liberty. The Thai authorities should know by now that their repeated attempts at silencing calls for greater democracy are not only illegal but also counterproductive. Thai youth in particular are hungry for change, and the authorities’ threats will merely strengthen their determination. Instead, Thai leaders might find that listening to those willing to peacefully discuss Thailand’s future will in fact be of greater benefit to the country.’

David Kode, Advocacy and Campaigns Lead, World Alliance for Citizen Participation (CIVICUS)

‘Peaceful protest is a legitimate form of dissent. Instead of disrupting the protest or harassing organisers as we have seen in the past, we urge the Thai authorities to listen to the grievances of the protesters and take meaningful steps to address them.’ates to promote and protect the human rights of their colleagues.”

Singapore: Drop police report against independent media outlet New Naratif

Singapore: Drop police report against independent media outlet New Naratif

UPDATE: The Singapore police have summoned PJ Thum, New Naratif’s Founder and Managing Director, for another round of questioning on March 5, 2021.  According to Thum, the police have declined to return his laptop and phone, which were seized on September 18, 2020, until the conclusion of the ongoing investigation.

Amnesty International, Article 19, ASEAN Parliamentarians for Human Rights, CIVICUS, Forum Asia, Human Rights Watch, and Scholars at Risk reiterate their joint call for the Singapore government to drop the investigation of New Naratif and repeal or substantially amend all laws that curtail the rights to freedom of expression, association and peaceful assembly to bring them into line with international standards.


We, the undersigned civil society organizations, urge the government of Singapore to order
the Elections Department (ELD) to immediately withdraw its police report against New Naratif, and to cease abusing the law to harass critical voices and independent journalists.

On 18 September 2020, Singapore’s Elections Department released a press statement in which it stated that it had filed a police report against the independent online media outlet New Naratif for “illegal conduct of election activity” for alleged publication of five paid advertisements on the social media platform Facebook, without the written authorization of a candidate or his election agent during the General Election of July 2020.

On 18 September, PJ Thum, New Naratif’s Founder and Managing Director, was notified that he would need to report to the police for questioning, and on 21 September he reported to Clementi Police Station, where he was subjected to questioning for four and a half hours. The police also accompanied him to his home and seized his laptop.

While the Elections Department’s statement does not specify which Facebook posts were allegedly illegally advertised, on 3 July it issued a statement in which it directed Facebook to “remove unauthorised paid Internet Election Advertising.” Following the statement, New Naratif received pro-forma emails from Facebook stating that the following posts did not comply with their advertising policy:

  • a satirical video advertizing a perfume called “Discretion” to denounce the abuse of broadly-worded laws by Singapore’s Prime Minister;
  • a post compiling articles critical of the ruling People’s Action Party;
  • a post compiling articles about the lack of transparency and accountability in Singapore’s government;
  • a video explaining how the use of the Protection from Online Falsehoods and Manipulation Act (POFMA) can “have devastating consequences” in times of elections; and
  • a post compiling articles about racial discrimination in Singapore.

The posts remain online but according to New Naratif they did not re-boost them.

Under Section 83(2) of Singapore’s Parliamentary Elections Act (PEA), the conduct of any election activity requires prior written authority signed by a candidate or his election agent. Section 83(8) stipulates that “election activity” includes any activity “which is done for the purpose of promoting or procuring the electoral success at any election for one or more identifiable political parties, candidates or groups of candidates; or prejudicing the electoral prospects of other political parties, candidates or groups of candidates at the election.” Any person convicted of such offence may be liable to a fine of up to $2,000 and/or imprisonment for up to 12 months.

Under this provision the scope of what can amount to election activity is extremely broad. Virtually any act of information dissemination or awareness-raising relating to key issues of public interest conducted in the lead-up to or during an election can fall under the overbroad scope of “promoting electoral success” or “prejudicing electoral prospects,” and must therefore receive prior written authorization. The provision is so vague that it does not allow for individuals to be able to adequately predict what activity could fall foul of the law, while allowing the Elections Department to control, censor and potentially criminalize any political speech and discussion during the election period.

According to international human rights law, all restrictions on freedom of expression should be provided for by clear, detailed and well-defined laws; be imposed to serve a legitimate aim, namely to protect the rights and reputation of others, national security, public order, public health or public morals; and restrictions must be both necessary and proportionate to achieve the defined legitimate aim. The PEA does not meet these requirements.

The right to freedom of expression is crucial during elections, which should be guaranteed including through free media, freedom to discuss and debate public affairs, the right to hold peaceful assemblies and freedom of association, and to promulgate, receive and engage in a plurality of political ideas and viewpoints through free, balanced and fair election campaigning and advertizing.

Particularly within the context of Singapore, where the election campaign period often lasts only for days or a couple of weeks this provision allows for censuring of independent media outlets crucial to facilitate information and dialogue on key issues of public interest within a narrow period during which it is most pertinent to people in Singapore prior to the casting of their votes.

Furthermore, the law is particularly problematic as the Elections Department is not an independent body but is part of the Prime Minister’s Office. This allows for discriminate advantage to be given by the ELD, which answers to the Prime Minister, to information, expression and opinions expressed in line with or favourable to the ruling party, rather than politically opposing viewpoints.

Our organizations are further concerned that the latest police report and police summons received by New Naratif follow a well-documented pattern of Singaporean authorities using vague and broadly-worded laws to unduly restrict the right to freedom of expression, and harass human rights defenders, independent journalists, members of the political opposition and ordinary individuals with a view towards deterring critical dissent of the Government.

We therefore call on the Singapore authorities to:

  • Order the Elections Department to withdraw the police report against New Naratif;
  • Repeal or substantially amend all repressive laws that curtail the rights to freedom of expression, association and peaceful assembly, and put in place adequate legal mechanisms and procedures to ensure that these rights are enjoyed by all without discrimination and not subject to unlawful restrictions; and
  • End the intimidation and harassment of human rights defenders, including through the abuse of the legal system, and ensure they can pursue their human rights work without fear of reprisals in accordance with international human rights law.

Signatories:

Amnesty International

Article 19

ASEAN Parliamentarians for Human Rights

CIVICUS

Forum Asia

Human Rights Watch

Scholars at Risk

Four years since coup, ASEAN MPs urge Thai junta to restore democracy

Four years since coup, ASEAN MPs urge Thai junta to restore democracy

JAKARTA – Thailand’s military regime should immediately lift restrictions on fundamental rights and pave the way for democratic elections as soon as possible, ASEAN Parliamentarians for Human Rights (APHR) said today.

The collective of regional lawmakers renewed their call for a prompt return to democracy a day before the fourth anniversary of the coup, which overthrew the country’s last elected civilian government.

“It is long past time that this military regime fulfills its promise to the Thai people and restores democracy. That means an immediate end to arbitrary limits on fundamental freedoms and a clear timeline for the holding of free and fair elections,” said APHR Chairperson Charles Santiago, a member of the Malaysian Parliament.

Upon seizing power in 2014, the military-led National Council for Peace and Order (NCPO) was quick to suppress dissent and limit the exercise of basic political rights.

Promises by the junta to hold elections have repeatedly been broken, and restrictions remain in place on public gatherings and political activities. Head of the NCPO Order No. 3/2015 bans political gatherings of more than four people, while NCPO Order No. 57/2014 bars political parties from conducting meetings or other activities.

“These restrictions are baseless, and the junta’s justifications for instituting them have long since lost any relevance. Their perpetuation is making a mockery of the rule of law in Thailand, and they must be lifted,” Santiago said.

MPs expressed concerns over the use of these orders, as well as other statutes, such as the Computer Crimes Act and Article 116 of the Criminal Code, to crack down on dissent. Scores of peaceful protesters have been charged in recent months for staging demonstrations urging the military to make good on its promise to hold elections. In addition, last week, the NCPO brought several charges against members of the Pheu Thai political party for holding a press conference that criticized the junta’s record.

“The prosecution of activists, party members, and others merely for peacefully exercising their fundamental rights blatantly disregards Thailand’s international commitments and runs afoul of constitutional guarantees and accepted democratic norms,” Santiago said.

APHR said that the ban on political activity also prevented the development of an environment conducive to the holding of genuine elections and made it more difficult for a successful return to democracy. The rest of ASEAN is watching developments in Thailand closely, APHR warned, urging the junta to finally live up to its repeated promises to restore democratic norms and give the Thai people the right to freely choose their government.

“Political parties must have the freedom to operate. The ban on their activities should be lifted immediately and they should be allowed to fulfill their intended functions, including connecting with constituents and developing platforms and policies for the benefit of the Thai people,” said APHR Board Member Teddy Baguilat, a member of the House of Representatives of the Philippines.

“If the NCPO is serious about its proposed timeline for elections, then now is the time to allow parties to resume their operations and prepare to contest the vote,” he added.

Parliamentarians reiterated additional concerns over the unlimited power to unilaterally make policy granted to NCPO leader General Prayuth Chan-ocha under Article 44 of the previous interim constitution.

“General Prayuth’s limitless authority, coupled with the junta’s repeated failure to live up to its own word, sends the concerning signal that Thailand may still be far from democracy’s return,” Baguilat said.

“If the junta is serious about fulfilling its promises, then the military must end its clampdown on fundamental freedoms and take significant steps to pave the way for Thailand’s return to a democratically elected government,” he concluded.

Click here to read this statement in Thai

คลิกที่นี่เพื่ออ่านแถลงการณ์เป็นภาษาไทย 

Regional lawmakers call for immediate release of Thai pro-democracy activists

Regional lawmakers call for immediate release of Thai pro-democracy activists

JAKARTA – Lawmakers from across Southeast Asia today condemned the arrest of at least 15 activists following peaceful pro-democracy protests in Thailand, calling for their immediate release and for all charges to be dropped.

ASEAN Parliamentarians for Human Rights (APHR) stressed the Thai military government’s responsibility to uphold civil and political rights in line with its international obligations and reiterated its call on the regime to urgently restore democratic rule.

“The arrest of peaceful activists under draconian legislation, for simply expressing their opinions, exemplifies the entrenchment of intolerance under this regime – a worrying signal of a junta that is unwilling to relinquish power any time soon,” said APHR Chairperson Charles Santiago, a member of the Malaysian Parliament.

“Some of these young men and women, the future of our region, are facing the possibility of years behind bars under archaic sedition laws just for calling for accountability and a return to civilian rule. This is not acceptable in today’s ASEAN. As supporters of democracy and the people’s prerogative to fully exercise their human rights, we stand in solidarity with all human rights defenders and community activists in Thailand whose right to peaceful assembly continues to be curtailed.”

At least 15 pro-democracy activists were arrested and have been charged under a list of laws, including sedition (Section 116 of the Penal Code), being part of a gathering of more than nine persons that have either caused or threatened to use violence (Section 215 of the Penal Code), disobeying orders to disperse by the authorities (Section 216 of the Penal Code), violating a ban on political gathering of more than four persons (Head of the NCPO Order No. 3/2015) and for obstructing traffic (Section 108 of the Road Traffic Act). As of 3pm today, the activists are being detained at the Phayathai and Chanasongkram police stations, and APHR understands that they are granted access to lawyers.

The arrests followed their involvement in a peaceful rally held on 22 May to mark the four-year anniversary of the military regime’s seizure of power and to call for a return to civilian rule. The rally, one of the largest acts of dissent since the military regime came to power in 2014, was eventually dispersed following the arrests of the leaders.

“The Thai regime has a responsibility to ensure that fundamental freedoms are respected, including the facilitating of peaceful demonstrations. Such rights form the bedrock of any functioning democracy and their exercise should only be restricted in very limited circumstances,” Santiago said. “This is clearly another attempt to scare the Thai people into silence.”

Since coming to power, the military regime has repeatedly delayed promised elections and has used a long list of laws to clampdown on genuine criticisms against the government, which APHR has previously highlighted as a contravention of accepted democratic norms.

Lawmakers reiterated their call on the military regime to end its crackdown on fundamental freedoms and take concrete steps to pave the way for democratic elections.

“As elected representatives, it is vital that we listen to the demands and aspirations of the people. It’s time the junta does the same and make good its pledges to restore true democracy in Thailand,“ Santiago concluded.

Click here to read this statement in Thai

คลิกที่นี่เพื่ออ่านแถลงการณ์เป็นภาษาไทย