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Rights groups jittery over Thailand's bid to expel Amnesty

Government is drafting a new law that would further regulate the work of foreign non-profit groups
Rights groups jittery over Thailand's bid to expel Amnesty

A man is detained in a police van at an Oct. 29 protest in Bangkok that led to two pro-democracy activists allegedly being tortured by police. (Photo: AFP)

Published: February 18, 2022 05:02 AM GMT
Updated: February 18, 2022 05:11 AM GMT

The Thai government’s bid to expel Amnesty International from the country should serve as a warning to all rights groups in the country, a senior member of the group has warned.

“The targeting of Amnesty is taking place against a backdrop of a growing intolerance for human rights discourse among Thai authorities,” Kyle Ward, deputy secretary general of Amnesty International, said in a statement on Feb. 16.

“The anti-Amnesty campaign comes at a time when authorities are separately trying to pass a controversial law regulating non-profit organizations in the country.” 

In recent months royalist hardliners have been lobbying Thailand’s military-allied government to expel the rights group over its vocal support for young pro-democracy activists who have been charged with serious crimes, including royal defamation, for calling for political reforms.

In response, the office of Prime Minister Prayut Chan-o-cha, a former army chief who seized power in a coup in 2014, has said it would look into the matter.

At the same time, the government is working on a new law that would further regulate the work of foreign non-profit groups such as Amnesty International in Thailand.

The list of prohibitions in the draft law are so broad, numerous and open to abuse that they could significantly impact the day-to-day operations of civil society

The draft legislation, which has yet to be passed by parliament, has drawn condemnation from rights groups, which say it could be used to hamper the operations of NGOs critical of the government.

“In its current form the excessively restrictive law could easily be misused to obstruct the work of or even shut down a wide range of grassroots, national and international civil society groups in Thailand, threatening its status as a regional hub for local and international NGOs,” Roseann Rife, Amnesty International’s deputy regional director, noted in a statement in December.

“The list of prohibitions in the draft law are so broad, numerous and open to abuse that they could significantly impact the day-to-day operations of civil society.” 

The draft legislation proposes to force NGOs to abide by certain norms such as “good morals” and refraining from activities that affect “public order.”

However, the wording of the proposed law is so vague that it could be used to silence groups whose statements or activities are not in line with the government’s aims.

“All of these vague terms [in the draft] leave organizations at risk from authorities’ unchecked, discretionary power. In a country of 70 million people, any of these provisions could easily be applied arbitrarily to severely restrict freedom of expression, association, peaceful assembly and other human rights,” Rife stressed.

“Amnesty International would like to stress the importance of a transparent and meaningfully inclusive consultative process and urge Thai authorities to seek more input from the public, not-for-profit organizations and their partners so that this law is in line with international human rights standards.” 

Foreign NGOs are already required by law to renew their operating licenses and Amnesty International’s current license expired last month. It remains in doubt whether local authorities will renew its license for another two years.

Some legal experts in Thailand have spoken out against the proposed new legislation, arguing that it was unnecessary and potentially pernicious.

“The country already has too many laws that can regulate NGOs. The Civil Code has provisions on the registration of foundations and associations, enabling the supervision of many NGOs. The various national security related laws give the authorities broad powers of surveillance over the operations of NGOs,” Vitit Muntarbhorn, a professor of law at Chulalongkorn University, argued last month in a commentary.

“Internationally, the country is regarded as having far too many restrictions on political rights, particularly on freedom of expression and assembly. Evidently, there is no lack of legislation but rather overlegislation that is constraining civic space.” 

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