Thai laws don't need to conform to others'

MONDAY, OCTOBER 10, 2011

In response to the recent recommendations by representatives of certain countries participating in the Universal Periodic Review (UPR) in Geneva on October 6 to amend the lese majeste law of Thailand to make it in line with international standards, I wish

The present Thai Constitution BE 2550 states that Thailand adopts a democratic form of government with the King as head of state. Section 3 of the Constitution further states: “Sovereign powers belong to the Thai people. The King as head of state shall exercise such powers through the National Assembly, the Council of Ministers and the courts in accordance with the provisions of this Constitution.” Which means that actually the legislature, the executive and the judicial powers act in the name of His Majesty the King. The King, therefore, can do no wrong and for this very reason, shall not be subject to criticism because practically the King is above politics.
Before making any recommendation on any particular issue, the regime of government, the way of life, the society, customs and traditions, in other words, the local colour of a given country, have to be taken into account.
In Thailand, the Thai people have deep reverence for their head of state, His Majesty the King. Any foreign recommendation to amend this lese majeste law, which is purely the internal law or domestic law, falls within the reserved domain of domestic affairs of Thailand. For the above reasons, there is no point to make it consistent with the similar applicable laws of other countries, and besides there is no generally binding rule of law by any international standard in this respect.
As far as freedom of expression is concerned, the present Constitution of Thailand guarantees such freedom of expression in no less favourable terms than those provided in the laws of other countries in general.
Prajit Rojanaphruk
Bangkok