Uphold Democratic Principles, Prevent The Dissolution Of The Move Forward Party

(BANGKOK, August 6, 2024) — Thai authorities should reject the attempt by the Election Commission to dissolve and institute a ten-year ban on the poll-winning political party, the Move Forward Party (MFP), said Fortify Rights today. The Constitutional Court is expected to deliver its ruling on the dissolution petition tomorrow.    

“The attempt to disband the Move Forward Party is a direct attack on democratic principles and severely undermines Thailand’s commitment to human rights,” said Amy Smith, Executive Director at Fortify Rights. “This action is part of a pattern of legal attacks on popular political opposition parties in Thailand. The Thai government must prioritize the integrity of its election system and ensure that political parties can operate without unjust interference.”

On April 3, 2024, the Constitutional Court agreed to review the Election Commission’s petition to dissolve the MFP and ban the party from participating in politics for ten years. The petition is based on MFP’s efforts to amend Section 112 of Thailand’s Criminal Code, which addresses the crime of lèse-majesté or insulting the monarchy. 

In its petition to the Constitutional Court, the  Election Commission cited an earlier ruling by the court on January 31, 2024 that held that the MFP’s proposed legal amendments to Section 112 threatened Thailand’s constitutional monarchy. The court determined that advocating for such amendments amounted to a violation of Section 49 of Thailand’s Constitution, which prohibits actions “to overthrow the democratic regime of government with the King as Head of State.”

In a written defense submitted to the Court on June 4, 2024, the MFP argued that the Constitutional Court lacks jurisdiction and that the Election Commission’s petition process was unlawful. They asserted that the previous ruling on proposed amendments to the royal defamation law is irrelevant to this case as the MFP has no intention to overthrow the system. Finally, the defense emphasized that party dissolution should be a measure of last resort and that any political ban must be proportionate and limited to specific executive members. The defense cited the court’s lack of authority to ban members from participating in politics.

The MFP’s proposed amendments to Section 112 sought to reduce the maximum term of imprisonment for defaming the King from 15 years to one year and/or a fine of 300,000 Thai Baht (approximately US$8,300). The proposal further recommended reducing penalties for defaming the Queen, the Heir, or the Regent from up to 15 years’ imprisonment to six months and/or a fine of 200,000 Thai Baht (approximately US$5,500). Additionally, the amendments included a provision to exempt individuals from punishment if they were acting in good faith.

Under international law, imprisonment is considered disproportionate, excessive, and unnecessary for acts of defamation, and custodial penalties for defamation have a chilling effect on freedom of expression.

The current attempts to dissolve the MFP reflect a broader pattern in Thai politics, where the government has taken action against popular opposition parties. For example, on February 21, 2020, the Constitutional Court ruled to dissolve the Future Forward Party (FFP), the MFP’s predecessor, and imposed political bans on its key figures, including the party’s founders Thanathorn Juangroongruangkit and Piyabutr Saengkanokkul. The court cited a 191.2 million Thai Baht (approximately US$5,300,000) loan from Thanathorn to FFP as exceeding the legal donation limits. Other major political opposition parties dissolved by the Constitutional Court for “violating electoral laws” include the Thai Save the Nation Party (dissolved on March 7, 2019); the Neutral Democratic Party, the Thai Nation Party, and the People’s Power Party (all three dissolved on December 2, 2008); and Thai Rak Thai Party (dissolved on May 30, 2007).

In May 2023, the MFP won the largest share of the votes during the election, gaining 37.99 percent of the popular vote and the largest block of seats in the Parliament — 151 seats out of 500.

“The court’s decision tomorrow will decide the future of democracy in Thailand, where political opposition parties have long faced legal threats of dissolution and banning,” said Amy Smith. “It is crucial for the Thai government to demonstrate its commitment to a fair and impartial election process and to safeguard the democratic choices made by its citizens.”

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