Bangkok, Paris, 7 August 2024. Today, Thailand’s Constitutional Court ordered the dissolution of the main opposition Move Forward Party (MFP), the political party that won the highest number of votes (14.4 millions) and parliamentary seats (151) in the 14 May 2023 general election. In addition, the Court ordered a ban on holding political office for 10 years for the party’s leader and executive members.
"With the dissolution of the Move Forward Party, Thailand’s international reputation takes another big hit. The reform of the lèse-majesté provisions is a fundamental condition for the safeguard of democratic space and the exercise of the right to freedom of expression in accordance with international norms", said FIDH Secretary-General Adilur Rahman Khan.
The case against the MFP stemmed from the party’s proposal to amend Article 112 of the Thai Criminal Code (known as lèse-majesté or royal defamation), made during the campaign period leading up to the general election. Article 112 punishes with prison terms of three to 15 years per count anyone who is found guilty of defaming, insulting, or threatening the King, Queen, Heir to the throne or Regent.
The Constitutional Court considered that the MFP’s proposal amounted to an attempt "to overthrow the democratic regime of government with the King as head of state", as stipulated by Article 49 of Thailand’s Constitution. Consequently, the Court ordered the dissolution of the MFP and a ban on its executives from holding political office, in accordance with Article 92 of the 2017 Organic Act on Political Parties, which states that the Constitutional Court can order the dissolution of political parties that commit acts to overthrow the constitutional monarchy. The Court also prohibited the MFP executives from forming a new political party or serving as executive board members of another party for 10 years, as stated in Article 94 of the 2017 Organic Act on Political Parties.
FIDH, TLHR, and UCL reiterate that the dissolution of the MFP simply because of its legitimate proposal to amend legislation through lawful means is incompatible with several provisions of the International Covenant on Civil and Political Rights (ICCPR), to which Thailand is a state party. Such provisions guarantee the right to freedom of expression (Article 19) and the right to freedom of association (Article 22). In addition, the ban on MFP leaders and executives from holding political office unreasonably deprives them of the right to take part in the conduct of public affairs and to be elected (Article 25).
FIDH, TLHR, and UCL, also note that, for more than a decade, many United Nations (UN) human rights experts and bodies have found Article 112 of Thailand’s Criminal Code to be inconsistent with international human rights law and have called for its amendment or repeal.
On 30 April 2024, two UN human rights experts wrote to the Thai government to express their concern that the dissolution of the MFP and a political ban on its executives "would have a chilling effect on democracy and civic space in Thailand". The two human rights experts also reiterated their concern over the abuse of Article 112 to "deter and silence critics, political opponents, journalists, civil society actors, human rights defenders, and other individuals wishing to express themselves critically about public affairs, including the monarchy".