It goes without saying that critical discussion and healthy debate about a draft constitution is a good thing for any nation claiming to be embracing democratic values, something the current crop of junta had cited as the main reason for their May 2014 coup.
But the overall atmosphere in the country is not conducive for such activities as the government cracks down on critics of the draft constitution and it makes no distinction between justified criticism and false, abusive information.
As Niran Pitakwatchara, former chairman of the National Human Rights Commission has pointed out, too narrow an interpretation against public expression, such as campaigning and political movements, could suffocate public freedom and consequently affect people’s decision.
Niran was right to say that the government must adhere to human rights principles and open itself to public opinion and participation, which is crucial for the referendum process, as the people can decide for themselves on the future of the country, the national policy and legal agenda.
“There is no need to say what to do and what not to do,” Niran said, referring to the Election Commission’s guidelines regarding the referendum. “Current laws have already been designed to punish false and abusive information.”
The junta needs to know that when it suffocates public freedom under whatever justification, it will affect the people’s decision. Because of the unhealthy atmosphere the referendum process is being carried out in, the outcome will be unacceptable and unreliable.
Critics of the draft constitution love this country just as much as the junta and their views should not be conveniently billed as coming from the enemies of the state.
The junta needs to be careful about equating themselves to the nation because they do not have a monopoly over the decision as to what kind of country Thailand should be.
They need to be more open-minded and think about the consequences of their shortsighted actions. They should understand that they are here today and gone tomorrow.
And if they are looking to cement their place in Thailand’s politics through whatever means, they should come out and say so. People will respect them more for being honest instead of hiding behind some nationalistic rhetoric that does nothing more than insult the intelligence of common people.
At this particular juncture, the junta-led government has an iron grip on just about every aspect of society, especially dissent and critics.
The arrest of Patnaree Chankij, the mother of key anti-junta student leader Sirawith Seritiwat, is seen as a low point.
“The Thai junta has sunk to a new low by charging an activist’s mother under the ‘insulting the monarchy’ law, which has been systematically abused to silence critics,” said Brad Adams, Asia director at Human Rights Watch. “Prosecuting someone for her vague response to a Facebook message is just the junta’s latest outrageous twist of the lese majeste law.”
The United Nations special rapporteur on freedom of expression stated in October 2011 that Thailand’s lese majeste laws were “vague and overly broad, and the harsh criminal sanctions are neither necessary nor proportionate to protect the monarchy or national security”.
In his weekly talk, Prime Minister Prayut Chan-o-cha criticised a petition from academics and activists to a United Nations agency in which they urged the UN to intervene in the human rights situation in the country.
“Calling the UN agency to intervene in the country’s internal affairs is like opening the door to a dangerous foe,” Government Spokesman Colonel Sansern Kaewkamnerd said.
The UN Human Rights Council’s Universal Periodic Review Working Group is scheduled to examine the country’s human rights record next week in Geneva.
Issues to be reviewed include the expansion of internal policing powers for military officials, cases involving lese majeste, martial law and special emergency laws in southern border provinces, freedom of expression and assembly, and the upcoming referendum.
The government needs to understand that the climate of fear that the junta has imposed on the country’s people has consequences, not just in the country but in the international forum as well.