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Once again, London-based freedom of expression activists, ARTICLE 19, are taking the lead in pushing the international agenda for the repeal and reform of Thailand's draconian lese majeste law. In addition, in the interview below, they have also called for the immediate release of ALL of Thailand's lese majeste prisoners.  But the most surprising development - which ARTICLE 19 have highlighted in their most recent press release - is the Thai Foreign Ministry's quite extraordinary comments on lèse majesté.

“In a country where political discourse can amount to treason, ARTICLE 19 welcomes the recent Thai Foreign Ministry admission that the enforcement of the lèse-majesté law has affected people’s freedom of expression. The admission comes nearly two weeks after Thailand underwent its first United Nations (UN) human rights review, in which the excessive use of the lèse-majesté law was highlighted by the ARTICLE 19 delegation in attendance, and echoed further by UN member states.”

The press release also went on to say that -

“According to figures produced by the Thai Judiciary authorities, approximately 480 people were brought before the lower courts in 2010 on lèse-majestécharges. Freedom Against Censorship Thailand and i-Law (Thai groups monitoring censorship) identified 75,000 websites that were blocked in 2010 under the Computer Crime Act and Emergency Decree, 57,000 of which for containing lèse-majesté content.”

(The full press release can be read here).

Since that press release has been published I managed to conduct a short interview with Dr Agnes Callamard, ARTICLE 19 Executive Director. I started by asking Dr Callamard how significant a step this admission is by the present Thai government?  After all, this is the first time a Thai govt has acknowledged that lese majeste breaches affects freedom of expression.

“The admission by the Thai Foreign Ministry is undeniably significant, as the country has a long history of censorship.  Mechanisms for censorship include strict lèse majesté laws, direct government and military control over the broadcast media, and the use of economic and political pressure to silence critical voices.

The heavy-handed implementation of the lése-majesté (LM) law in recent years has resulted in a pervasive climate of self-censorship amongst the media and civil society.  People are too scared to even mention the law because of the severe repercussions. Therefore, the government’s acknowledgement of its mis-use is a first step in the right direction. However, ARTICLE 19 maintains that the repeal of the law is the only legitimate outcome of this process, as by its very existence, lèse-majesté law constitutes a threat to political expression and freedom of expression in Thailand.

In addition, ARTICLE 19 urges the Thai government to review in a similar vein the Computer Crime Act (CCA), which has contributed to a sharp increase in the number of lèse majesté cases tried each year in Thailand. Like with the LM, the CCA is also being misused to suppress critical views. The Thai government should seize on the momentum gained to identify all amendments necessary to bring it in line with the Thai Constitution and international freedom of expression standards.”

Do you feel the present government are more committed to reforming or repealing LM than the previous government?

“Upon becoming Prime Minister, Yingluck Shinawatra,  publicly stated that the new government will review all criminal charges and lèse majesté cases to ensure fair investigations,  with the view of creating an atmosphere for reconciliation.

At the same time, public statements made by the Deputy Prime Minister on August 26 2011, in which he stated his intention to further crackdown on LM on the internet directly contradicts the PM’s statement. This raises serious concerns regarding the level and nature of the commitment of the Thai government to address and redress  freedom of expression violations.

ARTICLE 19 strongly encourages this new government to help turn the tide on the crackdown on freedom of expression and to take all necessary steps towards repealing the LM law.  More generally, ARTICLE 19 calls on the new government to take all necessary measures towards stronger protection for freedom of the press and freedom of expression in the country.  In this context, it is crucial that any new policies or measures introduced regarding political expression, the media or internet are in line with international human rights standards.”

Some lese majeste prisoners, including those on remand awaiting trial, are being held in appalling conditions - what action would you like to see the Thai govt and international community take regarding this situation?

“ARTICLE 19 is calling for the immediate release of all those imprisoned for the peaceful exercise of their right to freedom of expression.  This includes anyone currently imprisoned for LM crime, or awaiting trial on LM charges.

ARTICLE 19 believes that the international community has a crucial role to play in supporting the new Thai government towards establishing a strong protection for human rights, including freedom of expression, in Thailand. The public admission of problems with the LM law comes after Thailand’s first peer-review at the United Nations Human Rights Council.  There is no doubt that the role of the international community has been paramount in getting the new government to address the bleak state of freedom of expression in the country. International pressure must thus persist.”

Andrew Spooner can be found on his public Facebook page here.

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