Thailand

Status: Civil Society or public discussion

In Thailand, there is currently no law or policy specifically dedicated to the protection of human rights defenders (HRDs). Nonetheless, thanks to the tireless efforts of HRDs, their collectives, and their supporters, along with the push from international actors and civil society, the Thai authorities have taken steps to develop a framework for HRD protection. This includes the formulation of National Action Plans on Human Rights, which encompass HRD protection. Recently, the Ministry of Justice of Thailand has begun drafting an anti-SLAPP law to protect HRDs and support public interest. Despite these efforts, the situation for HRDs in Thailand remains concerning.

Following the dissolution of the Thai opposition party, 2020 saw an abrupt rise in youth-led pro-democracy public demonstrations against the ruling government, starting in universities and schools across the country and continuing throughout 2021. In response, the military-led authorities imposed restrictions on civil and political rights by misusing the COVID-19 pandemic state of emergency as a pretext. This led to the targeting of protesters by the authorities. Democracy activists, including children, were intimidated, attacked, arbitrarily detained, and charged on the grounds of violating social distancing measures, sedition, and lèse-majesté.

HRDs and people’s movements have been at the forefront of advocating for human rights, democracy, and environmental justice in Thailand amidst challenging circumstances. The country’s political landscape, marked by military rule and contested elections, has posed significant obstacles to their efforts.

HRDs in Thailand, particularly mothers and carers, face intersecting challenges of poverty exacerbated by economic policies favouring corporations and the wealthy. They grapple with mounting debt and struggle daily to provide for their families in the face of economic hardships. Moreover, they contend with the added burdens of the COVID-19 pandemic, pervasive violence, and oppression. Since the 2014 coup, the government’s allocation of resources has prioritised maintaining power rather than serving the needs of the people. Instances such as the heavy-handed actions of security forces during the APEC meeting in 2022 exemplify the suppression of dissent and human rights.

Despite these challenges, HRDs have been instrumental in mobilising for change. The results of the general elections on May 14, 2023, represent a significant victory for the democratic movement, led by women, activists, and youth, aiming to replace the junta-backed constitution with a new, democratic one. However, the formation of a new government backed by authoritarian interests rather than the will of the people has been disheartening. The government’s prioritisation of large-scale development projects and extractive industries, often at the expense of local communities and the environment, further threatens the rights and safety of HRDs.

Fundamental rights are heavily restricted in Thailand, especially the right to freedom of assembly and the right to freedom of expression . The overall situation of HRDs in Thailand is dire. The number of cases of harassment against HRDs is exhaustive and even includes cases of foreign HRDs who were seeking refuge in the country being targeted. Many  political activists and HRDs are prosecuted on the grounds of lèse-majesté and sedition. Recently, the incidents of digital harassment and digital surveillance of HRDs have grown, with a special concern for women and LGBTQIA+ HRDs who are subject to state-backed digital violence.

Generally, Thai state authorities continuously fail to comply with their obligation to guarantee a safe and enabling environment for HRDs. There is a lack of effective investigations to the attacks against HRDs as well as a lack of implementation of effective measures for the prevention of strategic lawsuits against public participation (SLAPP s). PI has issued a comprehensive report on SLAPP attacks in Thailand which includes a list of recommendations aimed at the Thai Government and relevant companies, urging immediate action to protect Women HRDs.

 Thailand does not have an official public policy for the protection of HRDs. Still, national authorities in Thailand, especially through the Rights and Liberties Protection Department of Thailand’s Ministry of Justice, have made some progress to develop a framework for the protection of HRDs . Nonetheless, these efforts are still insufficient. The agency has put forth proposals for measures to be adopted, but these have not yet been successfully legislated. So far, the most concrete developments have been the adoption of:

• the two National Action Plans on Business and Human Rights for the period of 2019-2022 and the period of 2022-2027, making Thailand the first country in the Asia-Pacific regional to adopt an Action Plan in this topic. The development of the National Action Plan on Business and Human Rights in Thailand was also the result of a recommendation by Sweden at the 2^nd cycle of the UPR process of Thailand to implement the United Nations Guiding Principles on Business and Human Rights  (UNGPs). The protection of HRDs is among the top priority areas of the plan. Even though the first Action Plan provided an activity plan focused on the protection of HRDs, with clear guidelines for the implementation of measures such as the development of laws or measures to prevent SLAPP, and the exchange of good practices to promote freedom of expression, it received criticism from CSO. This is because they consider the first NAP to lack legally binding force and the authorities to lack capacitation in human rights. The second Action Plan was adopted in September 2023 ;
• The National Human Rights Plans. The 4^th NHRP for the period of 2019-2022 contained a Plan on Human Rights Defenders, which previewed the development of efficient measures to prevent attacks to HRDs and the recognition of the importance of the work of HRD
• In early of 2024, the draft law on preventing SLAPPs started being drafted and the process includes consultations with different stakeholders. This draft law, being advocated by the Department of Rights and Liberties Protection, Ministry of Justice, in collaboration with the Faculty of Law, Thammasat University, aims to prevent the obstruction of HRDs and the public in expressing their opinions or exercising their rights to file complaints with government agencies or to peacefully and unarmedly assemble, as guaranteed by the Thai Constitution.

There is a National Human Rights Commission in Thailand (NHRCT ). However, this commission faces some challenges; it has been criticised for not taking proactive measures in response to violations of human rights, for the fact that complaints submitted often do not lead to resolutions    and that the the general public struggles to access the Commission. Furthermore, some NHRCT members have been appointed by military coup leaders, and the military government has reduced the commission’s powers to investigate human rights violations. Under the current 20th Constitution, established following the coup, the operations of independent organisations like the NHRCT are defined in Section 247 (4). This section mandates that the NHRCT promptly and accurately clarifies and reports facts in cases where human rights violations are reported inaccurately or unfairly in Thailand. This provision suggests that the constitution, born of a coup, has positioned the NHRCT to defend the state against criticisms rather than to protect the people, affecting the credibility and effectiveness of the NHRCT to some extent.

The UN Special Rapporteur on HRDs monitors the situation of HRDs in Thailand. In 2003, the then-SR on HRDs, Hina Jilani, conducted a country visit to Thailand . In her last report on child and youth HRDs, Mary Lawlor, current UN Special Rapporteur on HRDs , highlighted the work of youth HRDs in Thailand who are protesting in academic settings for a democratic reform in the country.

Thailand is equally monitored through the Universal Periodic Review (UPR). Thailand was last reviewed in November and supported recommendations on ensuring the creation of safe and enabling environment for HRDs, investigations of any reported case of intimidation, harassment and attacks against HRDs and the safeguarding of the rights to freedom of expression and freedom of assembly. On 25 March 2021, Protection International, together with ENLAWTHAI Foundation (EnLAW), Community Resource Centre Foundation (CRC) and Campaign for Public Policy in Mineral Resources (PPM) submitted a contribution to Thailand’s Universal Periodic Review (UPR).

The issue of the protection of HRDs in Thailand is often raised at the international level. For instance, in the 2017   CEDAW concluding observations on Thailand, the Committee expressed serious concern over the fact that women HRDs in Thailand have become targets of lawsuits, harassment, violence and intimidation by the authorities and corporate entities. Based on a progress report card published by Protection International in 2020, Thailand had taken no known action, harmful action or very limited action in response to CEDAW Committee’s 2017 recommendations.

CIVICUS rated Thailand as “repressed”, which means that the civic space in the country is significantly constrained. Freedom House Index rates Thailand as “partly free”. Concerns include severe constraints on the enjoyment of the right to freedom of expression and freedom of assembly, attacks against land and environmental human rights defenders and impunity for the perpetrators of such attacks, and the use of SLAPP against HRDs.  

PI has a permanent filed presence in Thailand. You can find out more about PI’s work in Thailand here.

 [Updated on 11/07/2024]