Thailand is poised on the brink of brutal civil war in the heart of Bangkok.
With 25 already killed and 800 wounded the only solution to avoid more blood pooling in the streets appears to be continuing imposition of martial law.
Thousands of anti-government red-shirt protestors are now barricaded behind bamboo and rubber tires in the commercial shopping district. They are crudely armed with homemade rockets, broken chunks of pavement, and sharpened wooden spears – as well as more lethal grenades, launchers and automatic-rifles.
In Bangkok’s financial district, the Thai military is preparing behind razor wire. Snipers are crouched on elevated walkways and in surrounding high-rise buildings – weapons loaded and ready to fire.
Both sides are fighting for ‘democracy.’
The beginnings could be immediately traced back to the ‘yellow-shirts’ protests in 2008 culminating with the weeks-long occupation and shutdown of the nation’s international airport.
Despite this dramatic airport-takeover that caused long-lasting negative ripples to Thailand’s economy; and now with the impending bloody-battle in Bangkok, the Kingdom does not have and has never had an explicit, clear law designed to regulate and control public assembly and protest. At the same time, it also does not have a law that supports and regulates the Thai public’s constitutional right to protest.
Thai Police can only indirectly control protests through existing weak laws related to the maintenance of ‘cleanliness’ and general ‘order.’
Nor do the massive-rally organizers and protestors have any strict rules defining just what they are allowed to do, where they may assemble, when their protests are allowed, or for how long.
The result is violent chaos resembling anarchy.
PROPOSED LAW
Thailand’s Council of State is now in the process of closely examining a bill originally drafted by the Royal Thai Police and approved by the government cabinet in October 2009. This bill is designed specifically to regulate mass public protests.
The government cabinet is now warning the government’s legal advisor – the Council of State – to heed its concern that this bill, if enacted into law, could interfere with the public-right to gather and protest as enshrined in the current Thai constitution.
Perhaps right now is the time to pass some form of this bill into law in order to finally stop Thailand’s continuing succession of coups, constitutions, and prime ministers?
Of course this bill threatens to hinder the Thai public’s right to protest. However, as is with the rules regarding free speech, public assembly and protest in the US, this compromised system of law and order will also be open to intelligent interpretation by a supreme court; and as a result may promote more reasonable, non-violent public forum – thereby indirectly increasing the rights of all.
BILL SUMMARY
The approved bill contains more than 30 sections in four chapters. It defines a public assembly as a minimum of 10 persons gathered at a public location whose purpose is to air their demands.
The bill says that such public group-meetings must be non-violent and bans possession of deadly weapons. Furthermore, the gatherings shall not be allowed to infringe on the general public’s right to move freely.
Also, the bill dictates that assemblies located within a radius of 300 meters of Royal-family palaces are strictly forbidden. This rule extends to courts of law, airports, railway terminals, public transportation centers, and government buildings.
Protest organizers will be required to alert government officials 70 hours prior to the gathering. And, interestingly, the leaders of the protest will be tasked with ensuring that absolutely no weapons are present and that activities remain non-violent.
Perhaps most threatening, the leaders are required to openly disclose their full names, identification cards, resident addresses. Also rather concerning is that all those people choosing to join the rally will be banned from disguising their own identity or dressing in camouflage.
Finally, officials representing the government will have the authority to request the court to disallow a public assembly.
CONCERNS
Observers are concerned that the bill should be directed not at controlling – but upholding rights to public assembly; while preventing further violence and infringement on the freedoms of the general population.
The bill has been criticized as too restrictive (rather than simply regulative) by rural villagers and non-governmental organizations. The concern is that people’s ability to freely oppose government activities that negatively affect their lives will disappear.
This argument is supported by a law reform subcommittee, which points out that authority to control public protest should not be held by the courts, but by the government’s executive branch. Furthermore, the subcommittee stresses that protest organizers should also have the freedom to appeal assembly bans decided by the state.
OTHER COUNTRIES
The First Amendment to the US Constitution secures the public right to assemble and speak freely. However, the government reserves the ability to enforce ‘reasonable’ restrictions on place, manner and time in order to maintain public security. The decisions striking this balance are ultimately handed-down by the US Supreme Court.
The European Convention on Human Rights, for example, broadly allows restrictions on demonstrations in cases of ‘national security, territorial integrity or public safety, for the prevention of disorder or crime”.
RELATED THAI LAWS
The Thai police must currently rely on indirectly-related laws to control public assemblies. These laws are weak, however, in that they provide limited authority to actually control unruly crowds, and require a stretch of regulatory imagination.
For example, the Public Cleanliness and Orderliness Act penalizes people for throwing rubbish or urinating in public. Existing traffic laws provide an opportunity for Thai police to step in and at least begin making identification checks of unruly mobile protestors.
In lieu of these weak, unrelated laws, Thailand does have its tough Internal Security Act (ISA), which allows the Internal Security Operations Command (Thailand’s primary security agency) to set checkpoints and curfews; as well as control the general movement of demonstrators. The ISA was enacted by the government cabinet just prior to the planned mass red shirt, anti-government rallies in March of 2010.
The Act grants ruling authority to the Thai Prime Minister and cabinet. Measures allow very broad provisions for the government to combat threats to internal security; including the deployment of tens of thousands of official and volunteer civilian security personnel.
The ISA provides for government power ‘to cease any action in connection with electronic equipment.’ This could possibly be used to override mobile phone signals just prior to a government crackdown - as the red-shirts predict will happen. Furthermore, an estimated 10,000 websites have been blocked since the protest began in March.
Martial law is the imposition of emergency military rule covering specific regions. This is most often a temporary measure used when the government fails to effectively maintain security and order, such as in cases of extensive, widespread riots. Military personnel replace government authorities and their functions. The imposition of martial law may include the replacement of civil law with military law.
Most recently, on April 7, 2010, Prime Minister Abhisit Vejjajiva declared martial law in Bangkok after thousands of red-shirt protesters raided parliament. Warrants followed to arrest the suspects initiating the siege. Other emergency provisions under martial law include a ban on public gatherings of more than 5 persons, military right to promptly deploy security forces to disperse demonstrators, and gives soldiers immunity from persecution to detain people without charge.
POTENTIAL OPPORTUNITIES OF DEMONSTRATION LAW
The measures to control public protest outlined in the new draft bill may appear draconian, but perhaps only because comparable regulations are non-existent. However the proposals are gleaned from police experience, which may translate to some degree into wisdom.
A fine line exists between laws that are restrictive versus laws that are regulatory. Perhaps a law in Thailand outlining restrictions defined by the police could actually spur more intelligent debate, rather than continuous emotionally-driven rhetoric and deadly violence. This kind of more reasonable forum could help the public – including those with no color-allegiance – understand the issues, facts, and opposing party’s opinions.
Related News: Public Assembly Bill to be Reviewed