Thailand: Dissolution of Move Forward Party a severe blow to democracy

ARTICLE 19 is deeply concerned by the decision of Thailand's Constitutional Court to dissolvethe Move Forward Party (MFP) and bar ten executive members from politics for ten years, citing the party's campaign to amend the lèse-majesté law. We warn that this decision represents a grave threat to the democratic voice of the Thai people and constitutes a severe violation of the right to freedom of expression. In a parliamentary democracy, the ability to propose and debate legal reforms is fundamental to political expression and public discourse. Political parties should not be penalised for advocating for reforms, particularly those that challenge the status quo upheld by conservative forces in Thailand.

On August 7, 2024, the Thai Constitutional Court dissolved the MFP under Section 92 of the Political Parties Act. In its verdict, the Constitutional Court ruled that the MFP intended to undermine the monarchy by campaigning to amend Section 112 of the Criminal Code - commonly known as the lèse-majesté law - which criminalises any criticism of the royal family and carries severe penalties, including lengthy prison sentences. The Court ruled that the MFP's campaign violated the Constitution and threatened the democratic regime with the King as Head of State.

"The dissolution of a political party that garnered substantial support from young and urban voters undermines the integrity of the electoral process," said David Diaz-Jogeix, Senior Director of Programmes at ARTICLE 19. "The people of Thailand have exhausted all possible channels to access a peaceful democratic space where their voices are heard. It sends a chilling message to those who seek to engage in meaningful political reform and silences the very voices that democracy is meant to amplify."

Before the MFP, the Future Forward Party was also dissolved by the Constitutional Court in 2020 under the same Section 92 of the Political Parties Act. It is clear that the State feels threatened by any mention of reform of the lèse-majestélaw, which it routinely weaponises to silence public discourse, protest, and dissent. The law has long beencriticisedfor its fundamental incompatibility with international human rights standards as well as its overbroad and vague provisions, which allow for its excessive use and create an overall chilling effect on political expression.

Drafted by a military-appointed committee, the Constitution grants the Constitutional Court extensive powers to prevent the executive members of MFP from carrying out their responsibilities as elected officials, despite the fact that the MFP won the most seats in the 2023 general election. Its dissolution underscores how the Constitution is used to suppress political dissent and maintain the status quo, despite clear public support for reform.

"By penalising a political party for merely proposing to amend this law, the Court is not only restricting political discourse but also enforcing a climate of fear that discourages legitimate criticism and advocacy for reform," said David. "The Constitution's provisions, which safeguard the monarchy at the expense of democratic freedoms, are being weaponised to suppress free speech and prevent the discussion of necessary reforms."

ARTICLE 19 notes that the dissolution of the MFP is part of a troubling trend in Thailand, where judicial mechanisms are increasingly used to suppress political opposition. Since the 2014 military coup, several political parties have faced similar fates, highlighting a systematic effort by the government to undermine democratic institutions and restrict political freedoms and fundamental human rights.

ARTICLE 19 calls on the Thai Constitutional Court to reverse its decision, re-instate the Move Forward Party, and allow elected officials to carry out their duties on behalf of the Thai people and freely participate in the political process without fear of retribution.