With regards to the World Report 2016 published by Human Rights Watch (HRW) which contains a country report about the current state of human rights and civil liberty in Thailand, the Ministry of Foreign Affairs wishes to make the following clarification:

         The latest annual World Report of Human Rights Watch provides a summary of human rights situation around the world whereas the synopsis on Thailand’s human rights’ situation is merely a part of its entire report;

          Overall, the said annual report did not reflect various positive developments derived from the Royal Thai Government’s genuine efforts in improving human rights standard but emphasized on criticism on areas which are already in progress.  These include Thailand’s hosting of international meetings on irregular migration in the Indian Ocean; cracking down on networks of traffickers and officers complicit in the illegal activities; an acquittal of Phuketwan’s journalists; and the Dialogue Process to solve the problems concerning the Southern Border Provinces (SBPs);

         The Royal Thai Government is deeply disappointed with the distorted information found in the said report as well as the lack of coverage on concrete progress from Thailand’s reform process.  The government reiterated its commitment to move forward in accordance with the timeframe as specified in the roadmap to lay a solid foundation for democratic, stable and cohesive society. According to this timeframe, general elections are expected to take place in June 2017. A democratically-elected government is then expected to be in place by July 2017;

         The new constitution is currently being drafted in an inclusive manner. The Constitution Drafting Commission (CDC) will reveal the first draft on 29 January 2016. Subsequently, the draft will be disseminated nationwide to seek comments and recommendations from the general public. The CDC will then deliberate and revise the draft based on the recommendations so received. This process will provide ample opportunity for the people to reflect on the content of the draft and ensure that it is accepted by all before being forwarded to the Election Commission for a national referendum. The new constitution aims to rectify chronic problems from the past and prevent them from recurring. Moreover, the government has forwarded 164 bills to the National Legislative Assembly (NLA) for enactment over the past year. These bills will help support the reform process and allow Thailand to fully comply with various international obligations;

         On the issue of civil liberty, Thailand supports and highly values freedom of expression and human rights in accordance with international practices. For example, press can freely criticize the government. Nevertheless, the government is obliged to maintain a minimal degree of restriction to uphold public order and prevent social divisiveness as the country is gradually undertaking the comprehensive reform towards a more sustainable democracy and social harmony;

         On judicial process of the military courts as mentioned in the reports, the government reaffirms that all cases have been conducted in accordance with due legal process and all detainees are treated in compliance with human rights principles.  There is no difference between the adjudication process in the military court and the civilian courts.  The Statute of the Military Court provides the accused or the defendants with basic rights just as they are entitled to in civilian courts. At the moment, civilians can only be tried in military courts if their actions fall under one of the four types of offences according to the National Council for Peace and Order (NCPO) Order No. 3/2015. The four types of offences are (1) crimes against national security (2) crimes against the Monarchy (3) offences relating to war weapons and (4) violation of NCPO orders.