The junta-sponsored Public Assembly bill should be amended to conform with Thailand’s obligation to the international convention on civil rights, said the Amnesty International (AI) Thailand.
The AI Thailand on Wednesday issued a statement urging the junta-appointed National Legislative Assembly (NLA) to amend several articles in the bill by keeping in mind the obligation of Thailand to follow Article 21 and Article 22 (on freedom of assembly and association) of the International Covenant on Civil and Political Rights (ICCPR), with which Thailand has signed and ratified.
The rubber stamp parliament voted unanimously to pass the first reading of the bill on 26 February. The law is pending the second reading.
The AI Thailand is seriously concerned about the penalty placed upon the protesters or rally organizers who fail to comply with the regulation on assembly, the statement said.
For example, if an assembly is held without at least 24 hours’ notice to the authorities before the protest commences and the authorities do not relax this rule, or the protest does not end within the agreed period, or moves to another venue without notification to the authorities, the protesters face fines of up to 10,000 baht.
The criminal penalties imposed upon the peaceful rally organizers and assembly participants will affect the rights to assembly and freedom of association, said AI.
The AI cited the report by the UN special rapporteur on the rights to freedom of peaceful assembly and of association that it should be assumed that any protester has an intention to hold a peaceful rally and that the regulation on notice should be used only with a large gathering or when there is a reason to believe that there will be chaos.
Article 16 which stipulates that no moving assembly is allowed between 6 pm and 6 am, unless allowed by the authorities, restricts too much right to peaceful assembly according to the ICCPR, the AI gave example.
In case of failing to notice about a planned assembly, the organisation urged the Thai appointed lawmakers to remove the criminal and civil penalties, whether they are jail terms or fines. Moreover, the penalties upon actions which are consequences of peaceful assembly of the rally organizer or the protesters should be cut. Criminal laws should be used instead.
The AI also proposed to the NLA to reduce the number of regulations to reduce the restriction on the rights to assembly. For example, the regulation on notice about a planned rally may cover only a really large assembly or when the rally is expected to create certain level of disturbances.
The AI also called for the Thai state to protect human rights and lift the martial law.
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