Thai Parliament to vote for a new Prime Minister today
(BANGKOK, August 16, 2024)–The Thai government should undertake comprehensive constitutional reforms to protect democratic principles and ensure a balance of power between elected and appointed branches of government, said Fortify Rights today. Following the Constitutional Court’s removal of Prime Minister Srettha Thavisin and his Cabinet on August 14, 2024, Thai lawmakers will convene today to vote for the country’s new Prime Minister.
“Democracy provides a critical foundation for other human rights. Democratic governance requires a balance of power, which is under threat in Thailand, as demonstrated by the Constitutional Court’s recent rulings,” said Amy Smith, Executive Director at Fortify Rights. “Instead of serving as an important check on the other branches of government, the Constitutional Court has overly broad power to disrupt democratic governance in Thailand.”
On August 14, the Constitutional Court dismissed Prime Minister Thavisin and his entire Cabinet following its closed-door decision where five out of nine judges ruled that Prime Minister Thavisin “lacked evident integrity” and had committed “a serious violation of or failure to comply with ethical standards.” The Court’s decision was based on the prime minister’s cabinet appointment of Pichit Chuenban, a Pheu Thai political party member convicted of bribery of Supreme Court officials in 2008. In its decision, the Court cited articles 160(4), 160(5) and 170 of the Constitution, which governs cabinet ministers’ moral integrity and ethics.
Prime Minister Thavisin is not the first prime minister of Thailand to be removed by the Constitution Court, signifying a broader pattern of judicial overreach. In the past 16 years, the Constitutional Court has removed four prime ministers in total, including Samak Sundaravej in 2008; Somchai Wongsawat in 2008; and Yingluck Shinawatra in 2014.
Earlier last week, on August 7, the Constitutional Court also ruled to dissolve the poll-winning Move Forward Party and ban eleven of its leaders from politics for a decade, reflecting a similarly problematic pattern of action against popular opposition parties by the Court. The Constitutional Court has dissolved six other major political parties, including the Future Forward Party (dissolved on February 21, 2020); 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 disbanded on December 2, 2008); and Thai Rak Thai Party (dissolved on May 30, 2007).
Thailand’s current constitution, drafted by a military-appointed committee and passed through a referendum conducted under restrictive conditions, grants significant powers to unelected bodies, including the judiciary and the Senate. This has led to repeated interventions by the Court on matters related to the political processes and democratic principles.
Article 21 of the Universal Declaration of Human Rights protects the fundamental principles of democracy, including ensuring that “the will of the people” provides “the basis of the authority of government.” Article 21 also protects the right to participate in government directly or through freely chosen representatives.
Respecting democratic institutions does not weaken Thailand’s constitutional system, but rather allows for governance that is representative of and responsive to the wishes of the Thai people, Fortify Rights said.
“Judicial interference not only destabilizes political institutions but also jeopardizes the protection of human rights in Thailand,” Amy Smith said. “Reforming the Constitution is essential for securing the nation’s democratic future and ending the recurring cycle of instability and political disruption.”