Beijing has tightened its grip on Hong Kong in recent years, dimming hopes that the financial center will ever become a full democracy.
Mar 19, 2024
Beijing has tightened its grip on Hong Kong in recent years, dimming hopes that the financial center will ever become a full democracy.
Mar 19, 2024

Experts in this Topic

Elliot Abrams
Elliott Abrams

Senior Fellow for Middle Eastern Studies

Thomas J. Bollyky

Bloomberg Chair in Global Health; Senior Fellow for International Economics, Law, and Development; and Director of the Global Health Program

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Max Boot

Jeane J. Kirkpatrick Senior Fellow for National Security Studies

Steven A. Cook

Eni Enrico Mattei Senior Fellow for Middle East and Africa Studies and Director of the International Affairs Fellowship for Tenured International Relations Scholars

Kat Duffy
Kat Duffy

Senior Fellow for Digital and Cyberspace Policy

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Will Freeman

Fellow for Latin America Studies

Michelle D. Gavin
Michelle Gavin

Ralph Bunche Senior Fellow for Africa Policy Studies

Yanzhong Huang

Senior Fellow for Global Health

Joshua Kurlantzick

Senior Fellow for Southeast Asia and South Asia

Steve Levitsky
Steven Levitsky

Senior Fellow for Democracy

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Matthias Matthijs

Senior Fellow for Europe

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Shannon K. O'Neil

Senior Vice President, Director of Studies, and Maurice R. Greenberg Chair

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Ebenezer Obadare

Douglas Dillon Senior Fellow for Africa Studies

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Linda Robinson

Senior Fellow for Women and Foreign Policy

Gideon Rose

Adjunct Senior Fellow

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Timothy Snyder

Senior Fellow for Democracy

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Thailand’s Lèse-majesté Law The world has acknowledged the regressive character and enforcement of Thailand’s lèse-majesté law, which has unique standing for its brutality among the club of monarchies. Anyone can file a charge against anyone for violation of the lèse-majesté law.  Several years ago, the Human Rights Council examined civil, political, and other human rights in Thailand during its Universal Periodic Review of the country. Seventeen nations requested that Thailand review or reform its lèse-majesté law. Instead of heeding these appeals, Thailand has been doubling down in defiance of the Human Rights Council, on which the United States still sits. The courts in cases brought using the lèse-majesté law have repeatedly rejected defendants’ efforts either to explain that their speeches were criticisms of the institution of the monarchy, not the person of the monarch, which should be a defense to liability. Alternately, defendants have argued that they should be allowed to prove the truth of statements they might make about the King himself, which, again, should shield defendants from being found guilty under the law, as it does not purport, on its face, to criminalize true statements. Instead, the courts twist themselves into knots to convict defendants—or at least keep the threat of conviction alive so that defendants have to worry about going back to jail if they speak out. Pro-monarchy activists have also taken to filing cases across the country, on the theory that online speech can be seen anywhere in the country, making it even more difficult for protesters to defend themselves in areas lacking adequate legal representation. How Thailand Should Move Forward The ball is on Thailand’s field. Unfortunately, Thailand’s Constitutional Court recently dissolved the Move Forward Party which was making such significant strides to strengthen democratic governance of the country. The country’s ruling elite, who thrive under the protection afforded to their interests by the lèse-majesté law, should signal new respect for the human rights of their own people. The first and best option would be repeal of the lèse-majesté law, which the UN has repeatedly found to be inconsistent with international standards. Thailand is party to the International Covenant on Civil and Political Rights, which codifies such international standards as freedom of expression, the right of peaceful assembly, and the right to freedom of association. The Covenant also codifies due process rights for those charged with crimes. Repeal of the lèse-majesté law, however, currently appears unlikely. In the meantime, as a second best option, the government should back an amnesty bill currently stalled in the Thai Parliament that is aimed at delivering amnesty to political prisoners, including alleged offenders of the lèse-majesté law. Third, the authorities also could aim to loosen enforcement of the lèse-majesté law to levels at least comparable to the period of 2018 to 2020. This could include dismissing the charges against a large number of those currently charged and, in many of those cases, detained under the lèse-majesté law. Fourth, Thailand also could separate criminal defamation of the King—the ostensible rationale of the lèse-majesté law—from (what should be) lawful commentary about the place of the monarchy in the Constitution and how public policy should be crafted. Fifth, the government could take up recommendations made by the United States and Austria for minor reform of the lèse-majesté law to the effect of eliminating a mandatory minimum sentence under the law and ensuring children do not face charges. Finally, Thai authorities could de-couple enforcement of the country’s overbroad Computer Crime Act from lèse-majesté infractions online. This is the moment for a strong signal to be sent by Thailand as it stands for election to the United Nations body charged with protecting human rights.
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