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An independent Thai human rights researcher has pointed out that the Thai junta’s order to halt the selection of candidates to an independent law reform agency cuts off ways for people to participate in national reform.

Chutimas Suksai, an independent human rights researcher on Thursday, 16 July 2015, criticised the junta’s National Council of Peace and Order (NCPO) Order No. 20/2015 to stop the process of selecting new committee chairs of the Law Reform Commission of Thailand (LRCT), an independent state agency which promotes legal reforms.

The order was issued on Wednesday, 15 July 2015. It halted the selection of 22 LRCT candidates who were to replace the current LRCT commissioners, whose terms ended on 12 May 2015.

The junta order stated that the current process of drafting a new constitution under the Constitutional Drafting Committee (CDC) already serves the reform agenda of the nation. Moreover, it states that the Interim Constitution enacted after the 2014 coup d’état already includes mechanisms to reform the country's judiciary.

According to Chutimas, however, the order to prevent the new candidates from serving in the LRCT significantly curtails opportunities to participate in the nation’s legal reforms and to submit complaints regarding laws that affect their lives.

“Laws affect people. Therefore, cutting off the brake mechanism [in the lawmaking process] is to cut off public participation that would affect laws on labour, public health, technology, the rights of the marginalised, and LGBT rights,” said Chutimas.

She added that the LRCT allows people to participate in making and amending laws without having to go through lobbying and the lengthy process of submitting petitions to the government.    

“The end of the term of the current LRCT commissioners without a new set to replace them is destroying one of the channels which people could use to participate in the law making process,” added the human rights researcher.

On the same day, Borwornsak Uwanno, the head of the CDC, dismissed a rumour that the CDC was involved in the junta’s decision to halt the selection process of the LRCT commissioners.

“The rumour that I and the CDC were involved in this order is contradictory to the facts. People who distribute this kind of rumour on Facebook and Line [a chat application] should stop,” said Borwornsak.

With the junta’s order, the process is now halted. However, the order allows the current members of the LRCT to continue to provide support for the Council of State under the supervision of the Prime Minister in accordance to Article 12 of the 2007 Law Reform Commission Act.

The current LRCT committee members have been in office since 2010. Their tasks are to support the work of the Council of State, conduct legal studies, and make suggestions for legal improvements and reforms.

Since its establishment, the agency has been active in advocating the amendment of laws, such as the laws concerning family, surrogacy, and civil partnerships for LGBT people.

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