Statement of the National Human Rights Commission of Thailand
on the Referendum of the Draft Constitution

              According to the news reports following the dissemination of the Election Commission’s annoucement on rules and procedures on the expression of opinion and the referendum of the Draft Constitution under the 2016 Act on Referendum of the Draft Constitution which was published in the Royal Gazette on 22 April 2016, the National Human Rights Commission of Thailand (NHRCT) has continuously monitored the situation and found that since the enactment of the 2016 Act on Referendum of the Draft Constitution, individuals and groups of individuals have expressed their opinions both in favour of and against the draft constitution. This situation has led to the detention and prosecution of some individuals who expressed their opinions on the draft constitution and may create an undesirable atmosphere of the Thai society which is now under the process of national reform.
    
              Due to the above-mentioned situation, the NHRCT, as an organization mandated with the roles and responsibilities in promoting the respect of human rights, protecting the right to life and security of persons as well as freedom of expression, would like to make recommendations to all parties concerned as follows:

              1. All responsible agencies should allow the public to express its opinions on the draft constitution in good faith. Although the 2016 Act on Referendum of the Draft Constitution stipulates that the expression of opinions shall not distort the facts or be conducted in a disrespectful, violent, provoking and threatening manner, its enforcement should take into account the open atmosphere and allow all parties to express their opinions on the draft constitution in accordance with the constitutional spirit to create the atmosphere of national reform.

              2. All responsible agencies should jointly build reconciliation in reforming the country by controlling, supervising and monitoring the performance of the officials especially the interpretation of the Act in order to prevent injustice, conflict and divisiveness in the society.

              3. The NHRCT urges all sectors with different opinions to avoid using this situation as a tool to overcome or take advantage of others which would affect the atmosphere for expressing of opinions on the draft constitution.

              4. The public should be allowed to express its opinions in accordance with the human rights principles and the obligations under the International Covenant on Civil and Political Rights to which Thailand is a party.

              The NHRCT will closely monitor the situation and really hopes that the persons who express their opinions would respect each other in order to bring peace to the society and nation.

                
The National Human Rights Commission of Thailand
                             3 May 2016

18/05/2016