The interim Prime Minister Surayud Chulanont, appointed following last month’s coup which overthrew the elected government, declared that his government wanted to see a swift return to normalcy, stressing that his government values civil liberties. However, the interim Defense Minister, General Bunrod Somtad, has declared that martial law will continue to apply for at least another month, on the vague grounds that the situation has not yet stabilised. Even more alarmingly, interim Prime Minister Surayud is reported as having said that there are no immediate plans to lift martial law, and that it is “not an urgent issue”.
“These latest statements give further cause for concern over the level of control retained by the military and its consequences for the respect of fundamental rights,” said Sidiki Kaba, President of FIDH, “If the military are at all serious about respecting the rights of the people of Thailand and restoring democracy, they will put an immediate end to martial law and remove all restrictions on civil liberties”.
Martial law was installed immediately after the military coup of 19 September, restricting freedom of the press and imposing serious limitations on public gatherings and political assembly. Political gatherings of more than five people are banned, carrying a penalty of six months imprisonment. The coup leaders, now calling themselves the Council for National Security, abolished the 1997 Constitution, which contains guarantees for basic rights, replacing it with an interim Constitution, which seriously weakens human rights protection. “We are deeply concerned that whilst the interim Constitution remains in place there is a potential for serious abuse of power by the military authorities”, said Sidiki Kaba.
Under the interim Constitution, there are no mechanisms for holding the military authorities accountable. Furthermore, it gives substantial powers to the military, including the power to dismiss the prime minister and to nominate the members of the interim National Legislative Assembly. On 10 October 250 members were appointed to this body, which is to function as a combined house of parliament, and will be dominated by a majority who are active or retired military officers and civil servants. It is feared that the Drafting Assembly still to be appointed, which will be entrusted with drafting a new constitution, may have a similar composition. It is of the utmost importance that members of civil society be given effective participation in this crucial process.
FIDH and UCL furthermore insist that this new constitution must put an end to the cycle of military intervention in the government of Thailand by prohibiting the granting of amnesties by coup leaders themselves for their action in overthrowing a legally elected civil government.