Thailand: Article 112 amendment submitted to House | Bangkok Post

Thailand: Article 112 amendment submitted to House | Bangkok Post
Achara Ashayagachat, Bangkok Post, May 29, 2012

Supporters of a draft amendment to Article 112 of the Criminal Code, the lese majeste law, marched to the parliament on Tuesday morning to formally lodge their proposed bill for deliberation by the House.

The procession of 112 supporters of the citizens' bill proposed by the Campaign Committee for the Amendment of Article 112 began their symbolic march at the June 24, 1932,  marker which was embedded on the street at the Royal Plaza when the Khana Ratsadorn Party (People's Party) revolutionaries under Phraya Phaholpholphayuhasena  changed the country from an absolute monarchy to a constitutional monarchy 80 years ago.
Prominent but now retired history professor Charnvit Kasetsiri said the move to amend Article 112 is a follow-up from the change the Khana Ratsadorn leaders initiated when they started the democratisation of what was then Siam.

Dozens of motorcyclists led the marchers and a convoy of organisers carrying 29,968 signatures gathered nationwide to support the bill under Article 163 of the constitution, which provides that 10,000 signatories can  propose a bill to parliament for consideration.

Six signatories introduce the draft bill  -- 70-year-old Charnvit, Chiang Mai-based retired history professor Nidhi Eiwsriwong, Thammasat University associate law professor Jantajira Iammayura, Chulalongkorn University  assistant professor of political science Puangthong Pawakapan, Thammasat Unviersity associate law professor Worachet Pakeerut, and poet and writer Rawee Siri-Issaranant aka Wad Rawee.

Deputy House Speaker Wisut Chainarun, together with Surin MP Prasit Chaisrisa, Khon Kaen MP Cherdchai Tontisirin and Bangkok MP Jarupan Kuladiloke, received the bill.

Mr Charnvit said the CCAA 112 would like the parliament to thoroughly consider the people's bill within the constitutional and legal framework.

Mrs Puangthong said the use of the lese majeste law in its current form had led to violations of basic human rights and freedom of expression. Its tragic effects included the dead of the 61-year-old man, known as Ah Kong, who died in prison early this month after being convicted and jailed for lese majeste.

She briefed the parliamentarians on the key aspects of the bill, including taking Article 112 out of the security chapter of the Criminal Code and  adding a new chapter on defamation of Their Majesties, the heir and the regent; and separating the special protection for His Majesty the King from other provisions; changing the penalty to a ceiling sentence of not less than three years and separating general defamation from  defamation by advertisement; adding exception of crime in the case of decent and innocent criticism; adding exception of crime if the contents were proved valid and the truth benefits the public interest; and abolishing the right of every citizen to bring a lese majeste lawsuit and giving this right only to the Office of His Majesty's Principal Private Secretary.

Mr Wisut said the parliament had no bias against a people's bill. It had accepted other people's bills before.

However, “it might take more than a couple of months as there are more signatures than required and the authorities need to verify all of them", Mr Wisut said.

Mr Charnvit told reporters after submitting the bill and the signatures that he was not worried about signature validation, in fact there about 40,000 people had signed during the 112-day campaign for the amendment. Because the procedure was so cumbersome not all the people could provide all necessary documents such as copies of house registration books.

"What I’m concerned about is that MPs and senators, and the government itself, might be reluctant to support the people's bill for fear of a political backlash.

"But this is the right time for parliamentarians and leaders of this country to show their ethical and moral courage to undertake the inevitable reform of the monarchic institution," said Mr Charnvit.

He said that Thailand was facing another crucial juncture of democracy, whether the country could adapt in a time of globalising forces would be a key issue.

"Amending the lese majeste law would help maintain the institution of the monarchy in a sustainable manner, as other European countries have done, especially the British system which was the model for the majority of Thai laws," the historian said.