GENEVA – Independent experts* have expressed their deep disappointment at the dissolution of the Move Forward Party in Thailand, which was confirmed by a ruling of the Constitutional Court on August 7.
“We are dismayed by the undemocratic use of the lese majeste law as a political tool to dissolve the party that won the most seats in the last parliamentary elections and remove its parliamentarians from politics,” the experts said.
During the 2023 election campaign, the Move Forward party promised to reform Article 112 of Thailand’s Criminal Code (or lese majeste law), which criminalizes perceived insults to the monarchy and has been repeatedly denounced by United Nations human rights bodies and mechanisms as inconsistent with international human rights law.
“Proposing legal reforms and debating issues of public interest is central to any democracy and to the right of citizens to participate in public decision-making. No political party should be dissolved, nor should its members be excluded from politics, simply for exercising their legitimate role in society,” the experts said.
“The Move Forward Party’s proposal to reform Article 112 of the Penal Code would have forced Thailand to comply with its international human rights obligations. The Constitutional Court appears to have set an unfortunate precedent by punishing parliamentarians for trying to uphold international law.”
In its August 7 ruling, the Constitutional Court found that the MFP’s efforts to amend Article 112 of the Penal Code, including participating in social media discussions or political protests against it, were aimed at overthrowing the monarchy.
“Political debates, even on sensitive issues, are the oxygen of a democratic society and should not be confused with violence or unrest,” the experts said.
“Under international law and international treaties to which Thailand is a party, public figures, including those exercising the highest political authority in the country, such as monarchs and heads of state and government, are not immune from criticism.”
The Future Forward Party, the predecessor of the Move Forward Party, was also dissolved in 2020. Experts warned that this new dissolution of the party could well lead to the disenfranchisement of millions of voters.
“Article 112 of the Thai Penal Code has no place in a modern democracy. It is outdated and not in line with international law. Efforts towards peaceful reform should be supported, not thwarted,” the experts said.
“We call on the Thai government to review the lese majeste law and ensure that the political space remains diverse and open to debate on all issues of public interest,” they concluded.
The experts are in contact with the Thai government in this regard.
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