Thailand's Constitutional Court dissolved the opposition Move Forward Party on August 7, 2024, based on politically motivated allegations, seriously damaging the country's return to genuine democratic rule, Human Rights Watch said today.
The nine-judge Constitutional Court unanimously ruled that the Move Forward Party committed treason by advocating reform of Penal Code section 112 on lèse-majesté (insulting the monarchy) and imposed 10-year political bans on all of its executive members, who were in office from April 2021 to January 2024. The case had been brought by the national Election Commission.
"The Thai Election Commission's case against the Move Forward Party was a sham right from the start," said Elaine Pearson, Asia director at Human Rights Watch. "The Constitutional Court's ruling to dissolve the Move Forward Party is a severe blow to Thailand's teetering efforts to restore democratic rule after years of military dictatorship."
The Election Commission accused the Move Forward Party, which won the largest number of seats in the May 2023 general elections, of high treason and petitioned the Constitutional Court to dissolve the party and impose the maximum 10-year ban from politics on its executives under section 92 of the Act on Political Parties. The Election Commission filed its petition in April without allowing the party to counter the allegations.
The Election Commission's case is based on the Constitutional Court's ruling on January 31 that the Move Forward Party's campaign to amend the lèse-majesté law amounted to an attempt to abolish Thailand's constitutional democracy with the king as head of state, contravening the constitution. Article 49 of Thailand's constitution prohibits people from using their rights and freedoms to overthrow the monarchy.
The Constitutional Court referred to its January ruling, saying there was evidence that the Move Forward Party tried to either change or revoke section 112 on March 25, 2021, when its 44 members of parliament submitted a bill to amend the section. The court also ruled that party members in parliament gave tacit support to monarchy reform movements by joining civil society activities and providing bail guarantees to detained activists. The Constitutional Court held that such actions showed an intent to subvert the monarchy, which is "significantly dangerous to the security of the state."
Disbanding the Move Forward Party violates the rights of its members to freedom of expression, association, peaceful assembly, and democratic participation guaranteed under the International Covenant on Civil and Political Rights (ICCPR), which Thailand ratified in 1996, Human Rights Watch said.
Article 25 of the ICCPR ensures the right of citizens to participate in public affairs, to vote, and to run for public office in free elections. The United Nations Human Rights Committee, the body of independent experts who review state compliance with the covenant, has stated that article 25 protects the right to "join organizations and associations concerned with political and public affairs," and that "political parties and membership in parties play a significant role in the conduct of public affairs."
In February 2020, the Constitutional Court dissolved the Future Forward Party-predecessor of the Move Forward Party-on politically motivated allegations that the party took an illegal loan from its leader. The current case was the culmination of a lengthy process that essentially reversed the votes of over 14 million party supporters, more votes than for any other party in the 2023 election.
"Thailand's constitutional system has shredded the democratic will of the Thai people by preventing the Move Forward Party from forming a government and then disbanding it," Pearson said. "The Move Forward Party's dissolution weakens checks and balances by the political opposition and derails Thailand's effort to restore democratic rule."
The court dismissed concerns from Thailand's allies and UN agencies, stating that "each country has its own constitution, laws, and regulations in accordance with national context; foreign politicians and diplomats should be mindful of diplomatic manners when expressing their opinions."
Thailand's major allies-including the United States, United Kingdom, European Union, Australia, Japan, and South Korea-should publicly convey to the Thai government that this decision is inconsistent with Thailand's bid for membership of the UN Human Rights Council for 2025-2027.
"The UN and concerned governments should denounce the Move Forward Party's dissolution as a jarring setback for political pluralism in Thailand," Pearson said.
