A diplomat source from the European Union Delegation to Thailand said the EU is seeking clarifications from the government on its plans to replace martial law with Section 44. "The European bloc voiced its concerns about martial law in Thailand. It is now assessing what Section 44 will imply and the government's motives,'' the source said.
"The European bloc voiced its concerns about martial law in Thailand. It is now assessing what Section 44 will imply and the government's motives,'' the source said.
Meanwhile, the International Commission of Jurists (ICJ), a law activist group, Tuesday demanded the government return the country to civilian rule, instead of invoking arbitrary powers under Section 44. "The NCPO should revoke martial law and also explicitly commit itself to observing Thailand's international obligations, which means avoiding any use of Section 44," Wilder Tayler, secretary-general of...
International law strictly regulates attempts by governments to restrict protections offered to human rights on the grounds of emergency. Such "derogations" are permissible under Article 4 of the International Covenant on Civil and Political Rights (ICCPR), to which Thailand is a State Party, only "in time of public emergency which threatens the life of the nation".
"The situation in Thailand does not meet the extremely high threshold required for derogating from international human rights law," said Mr Tayler. "Thai authorities have repeatedly promised a rapid return to the rule of law and respect for human rights in the country, but replacing martial law with rule by Article 44 doesn't suggest an improvement for the rule of law or respect for human rights."
Asian diplomatic sources said lifting martial law should not be a cosmetic intervention. If martial law is replaced by Section 44, which gives unchecked powers to the PM, this is unlikely to be a step forward.
However, some diplomats said they were surprised martial law would be lifted sooner than they thought. "We knew the government would lift it before Songkran but we are a little surprised that it's accelerated now," said an Asian diplomat.
The Canadian embassy said it hoped the military will return Thailand to democratic governance as soon as possible through free and fair elections, and highlighted the importance of a transparent, inclusive and democratic reform process. Canadian ambassador to Thailand Philip Calvert met Gen Prayut Tuesday. "Ambassador Calvert also raised human rights concerns and urged Thailand to respect its international human rights obligations", the embassy said.
Gen Prayut, however, said he will exercise his power under Section 44 constructively, saying it would be used to deal with some urgent problems such as the recent prohibition of Thai-registered airlines to Japan, South Korea and China.
Foreign Minister Tanasak Patimapragorn said he has no need to clarify Section 44 with the foreign community. "Thailand is fine and safe now and the consequences of martial law declared in Thailand are different from those of other nations," he said.