Thailand: Withdraw Repressive Draft Law On Not-for-Profit Organizations

BANGKOK, November 21, 2024)—The Thai Government should immediately withdraw the Draft Act on Associations and Foundations, also known as the “NPO law,” which violates fundamental freedoms protected under international human rights law, said Fortify Rights today. Following a recent and abrupt proposal by the Ministry of Interior, the new draft legislation is now being formally considered in a public commentary phase.
 

“This draft law would be an unmitigated disaster for Thailand’s people and civil society because it would enable government officials to stifle civil and political rights that are essential for a democratic society to thrive,” said Matthew Smith, Chief Executive Officer at Fortify Rights. “The Thai government should immediately withdraw this draft law and pledge to promote and protect human rights defenders, basic freedoms, and the right to freedom of association.”

The draft NPO law would impose mandatory registration requirements for all associations and foundations with the Ministry of Interior, effectively banning unregistered groups. It introduces strict reporting requirements, particularly on foreign funding, and grants the government significant authority to dissolve organizations for overly broad, poorly defined reasons, such as activities deemed harmful to “public order” or “public morality.” If enacted, the draft law would authorize the Ministry of Interior to conduct unannounced inspections of non-profit offices and records without a warrant, mandate extraneous and burdensome reporting, and impose severe penalties, including prison terms, for non-compliance. Such measures could be used as tools to harass and shut down organizations out of favor with the Thai government and would undermine the independence and efficacy of civil society organizations.

From October 28 to November 26, 2024, Thailand’s Ministry of Interior is receiving public written comments on the draft law via a website. After reviewing submissions made through this process, the Thai Cabinet will decide whether to advance the bill to Parliament. Thai citizens and civil society organizations can submit feedback through an online platform during this period.

On November 8, 2024, the National Human Rights Commission of Thailand organized a public consultation on this draft law with civil society organizations. At that hearing, concerns were raised about the overly broad provisions that could subject associations and foundations to arbitrary enforcement. For instance, the draft law allows the Ministry to dissolve organizations for actions deemed “contrary to the law or public morality” or that “may endanger public peace or national security.” Such vague language leaves ample room for official misuse and could be wielded to suppress dissent and limit freedom of association.

In January 2022, the former Thai cabinet initiated the drafting of the Draft Act on the Operation of Not-for-Profit Organizations, a precursor to the current draft NPO law, despite significant criticism from civil society and multiple U.N. special rapporteurs. The 2022 draft was similarly criticized for its excessive scope, onerous financial and reporting obligations, restrictions on foreign funding, and punitive provisions.

As part of the campaign against the previous bill, Fortify Rights submitted an open letter on March 23, 2022, to Thailand’s Ministry of Social Development and Human Security, outlining key concerns with the proposed legislation. Additionally, Fortify Rights joined 64 other organizations in a joint letter to U.S. President Joe Biden, urging his administration to press the Thai government to withdraw the draft Act and ensure any future regulations align with international human rights standards.

Following sustained advocacy efforts by civil society organizations, U.N. agencies, and diplomatic missions based in Thailand, the Thai government dropped that previous draft law. However, efforts to revise that problematic legislation culminated in the current version introduced in October 2024, with serious concerns about rights-violating provisions left largely unaddressed. The new proposed legislation retains problematic provisions that could impede the operations of non-profit organizations and curb freedom of association.

As a state party to the International Covenant on Civil and Political Rights, and in alignment with the U.N. Declaration on Human Rights Defenders, Thailand has committed to upholding fundamental rights, including the rights to freedom of expression, peaceful assembly, and association. The draft NPO law proposed by the Ministry of Interior clearly violates those rights.

“Thailand must ensure its laws support, not hinder, the essential work of civil society in promoting sustainable development and people’s livelihoods and freedoms,” said Matthew Smith. “Prime Minister Paetongtarn Shinawatra should order the immediate withdrawal of this repressive draft law and order the Ministry of Interior to engage in meaningful dialogue with civil society rather than impose authoritarian provisions that restrict fundamental freedoms.”

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