GENEVA - Independent experts* have expressed deep disappointment about the dissolution of the Move Forward Party in Thailand, confirmed by a ruling of the Constitutional Court on 7 August.
"We are dismayed by the undemocratic use of the lèse-majesté law as a political tool to dissolve the party that won the largest number of seats in the last general election, and to remove its parliamentarians from politics," the experts said.
During the 2023 election campaign, the Move Forward party promised to reform Article 112 of the Thai Criminal Code (or lèse-majesté law), which criminalises perceived insults against the monarchy and has been repeatedly denounced by United Nations human rights bodies and mechanisms as being inconsistent with international human rights law.
"Proposing legislative reforms and debating on issues of public interest is central to any democracy and to the citizens' right to participate in public decision making. No political party should be dissolved, nor should its members be barred from politics for merely exercising their legitimate role in society," the experts said.
"The proposal of the Move Forward Party to reform Article 112 of the Criminal Code would have brought Thailand into compliance with its international human rights obligations. The Constitutional Court appears to have set an unfortunate precedent of punishing parliamentarians for seeking to uphold international law."
In its ruling of 7 August, the Constitutional Court found that the MFP's efforts to amend article 112 of the Criminal Code, including engaging in social media discussions or political protests about it, were aimed at overthrowing the monarchy.
"Political debates, even on sensitive topics, are the oxygen of a democratic society and should not be conflated with violence or sedition," said the experts.
"According to international law and international treaties to which Thailand is a party, public figures, including those exercising the highest political authority in the land, such as monarchs and heads of state and government, are not immune from criticism."
The Future Forward Party, which preceded the Move Forward Party, was also dissolved in 2020. The experts warned that this new disbandment of the party may well disenfranchise millions of voters.
"Article 112 of Thailand's Criminal Code has no place in a modern democracy. It is outdated and out of step with international law, and efforts to peacefully reform it should be supported, not thwarted," said the experts.
"We call on the government of Thailand to review the lèse-majesté law and to ensure that political space remains diverse and open for debate on all issues of public interest," they concluded.
The experts are in contact with the Government of Thailand on this issue.
