Time To Talk Openly About Lese-Majesty
THAILAND: Time To Talk Openly About Lese-Majesty
The Asian Human Rights Commission (AHRC) has closely followed with growing concern the increasing number of lese-majesty cases being filed against people from all walks of life in Thailand for written comments on the royal family. At present, dozens of persons are known to be facing charges or have already been convicted of the offence, which is the equivalent of treason against the crown. They include citizens of Thailand and foreigners, journalists and academics, bloggers and web board discussants. At least two are presently imprisoned and another has fled abroad, rightly fearing that he would not obtain a fair trial. The number is small in terms of the total number of people passing through the criminal justice system in Thailand, but it is large for the nature of the offence and particularly given that the purpose of these cases is to frighten other persons from making similar remarks and thus stifle debate about a key institution of the state at a time that a n army-backed unelected g
Indeed, many others could conceivably have charges brought against them at any time, given the insignificant comments on the monarchy that landed some of these persons in the courts, and also given the characteristic of lese-majesty in Thailand that allows for any private citizen to bring the charge against another person. According to some information, in addition to the proceedings brought through the formal inquiries of government agencies, certain members of the police force and others have taken it upon themselves to hunt for contents in publications and websites that may give rise to an allegation of lese-majesty and thereafter initiate charges. Even more disturbingly, a new website apparently set up on the parliamentary server is calling upon citizens to inform upon anyone whom they believe has criticized the monarchy.
The rising incidence of lese-majesty cases, coupled
with the ham-fisted attempts at Internet censorship of the
Ministry of Information and Communication Technology and the
continued widespread use of criminal defamation all speak to
the extremely regressive trend in political behaviour and
social discourse on important national issues in Thailand
since the 2006 military coup. From the day after that event,
the AHRC warned that failure to strongly oppose the takeover
simply out of dislike for the unsavoury deposed government
of Thaksin Shinawatra would invite the reactionary and
ultra-right-wing forces back into power that dominated
politics in Thailand up to the 1990s. Regrettably, the
events of late-2008 have demonstrated just how much ground
extremist ideologues and lawless elements have gained thanks
to the army’s reassertion of its prerogative to have the
final say on what goes in Thailand. The recent shocking
treatment of boatloads of people captured by the country’
s navy off the western sh
The current spate of
lese-majesty cases is but one manifestation of this turn
away from the nascent democratic and social developments of
the 1990s and back towards the outdated authoritarianism of
earlier decades, but it is also one that goes to the heart
of how the plotters and strategists responsible for this
turn for the worse want to represent their state.
It is clear that the charging and convicting of persons in Thailand with lese-majesty is not, as they would disingenuously have it, an issue of cultural relativity, but one of social control. It is not about encouraging respect, but stifling dissent.
One of the enormous changes
between the old Thailand and the new is in the field of
technology and communications. It is no coincidence that
many of the persons now accused of lese-majesty have been
accused of it because of their use of computers. As domestic
media outlets are cowed or reduced to serving as propaganda
mouthpieces for this party or that alliance, it is not
surprising that more and more people are turning to
alternative sources of news and commentary on the Internet
and through other forms of fast, modern communication. No
matter how much the authorities try, they will find it
impossible to stop these exchanges, short of shutting off
these technologies completely, and the more that they try to
do this the more likely they are to provoke more persons to
access and use them.
Notwithstanding, it is clear
that in the coming period it will be increasingly difficult
and risky for people in Thailand to speak openly, evenly and
honestly about a wide range of issues, including the role
and activities of the royal family in their country, and
even more importantly, about the work of the people who
claim to represent it and act on its behalf. At a time that
these risks are posed not only by officialdom but also by
the self-appointed vigilantes who in the last year dominated
social and political space and committed innumerable crimes
apparently without fear of prosecution, it would be
foolhardy of anyone in Thailand to think that they are today
living in a society that tolerates, let alone encourages,
free expression and opinion.
Under such
circumstances, a special responsibility falls on persons and
agencies located outside of a country to speak out directly
and clearly in the interests of those inside who cannot. It
is for this reason that the Asian Human Rights Commission
unequivocally condemns, as a matter of principle and without
regard to other factors, the application of lese-majesty in
Thailand in its current form as contrary to international
human rights standards. It calls upon the Government of
Thailand, through the offices of the public prosecutor, to
at once cease all proceedings pending against persons
charged with lese-majesty, and speed arrangements to see
that those persons already convicted are promptly released
from prison. It also demands that the futile censorship of
websites that government functionaries deem offensive to the
royal institution cease. Failure to do these things, the
Government of Thailand must understand, will only retard the
prospects for recovery of its damaged politic al life and
international
The AHRC also takes this opportunity to make a special call to all concerned persons and organisations outside of Thailand. First, it congratulates those that have already taken up the issue of lese-majesty and strongly encourages them to continue their efforts, be they through the mainstream media or other lobbies. Second, it urges all those that have not yet done so to make statements, begin campaigns and publish and speak widely on it as a matter of urgency. As in the present circumstances an intelligent and unhindered debate on lese-majesty and related concerns is impossible in Thailand itself, for the time-being it falls upon those working and residing outside the country to break open the many heavy silences that are hanging around the topic there until such a time that people in the country are able to do the same without fear of arrest and jail, or worse. This appeal goes out especially to fellow human rights organisations that have not yet spoken up on this matter. If we ar e unable or unwilling to
ENDS