Why is it crucial to revoke NCPO announcements/orders and Head of the NCPO orders?
Since the coup d’état on 22 May 2014, the National Council for Peace and Order (NCPO) has exercised “special powers” to issue many orders and announcements which primarily serve to help them gain control over the national political arena. Up until 21 September 2018, the NCPO has issued 128 announcements, 213 NCPO orders, and 194 Head of the NCPO orders. Now the total number of NCPO-issued directives has amounted to 535 and will continue to increase as the junta remains in power.
The special powers wielded by the NCPO allow them to issue announcements and orders that support and facilitate the enforcement of their policies. Such policies include, but are not limited to, summoning people for 'attitude adjustment', the ban on political gathering, control over media, forceful eviction of forest residents, educational/healthcare/police reforms, implementation of the Special Economic Zones (SEZ), and counter-insurgency operation in the country’s southern border provinces. In this regard, the Administrative Court once ruled that it was beyond the Court’s jurisdiction to review Head of the NCPO orders because they are issued under the “special powers.”
In the fourth year of its rule, the NCPO has continued to issue new announcements and orders and been trying to ensure their effective enforcement. We believe that at least 35 of these announcements and orders – all of which related to freedom of speech, freedom of the press, access to justice and community rights should be revoked for the following reasons:
1). Many of the announcements and orders were issued during the NCPO’s seizure of power in 2014 to suppress political resistance. Given that there has been no attempt to sabotage the military takeover, they are no longer necessary.
2). Many of the announcements and orders sought to deprive people of their rights and liberties to prevent political resistance during the time of the military takeover. As our country has returned to its normal state, the NCPO should restore the rights and liberties that they had taken away to the people as well.
3). 2018 marks a critical moment in which our country must ready itself for a general election as stipulated by the current constitution. To enable a successful transition to democracy, it is imperative for the government to foster a positive political climate in which people are free to express their opinions and engage in political activities without any constraints. By doing so, we will be able to build a society where everyone can truly and meaningfully participate in governing the country.
4). If some announcements/orders bring more benefit than harm to the people, the NCPO may try to pass them into law s through a normal law-making process. Such a process involves public participation through the legitimate Parliament that has a system of checks and balances. The NCPO will not need to maintain its special powers anymore.
Furthermore, Article 279 of the 2017 Constitution stipulates that all the NCPO-issued announcements/orders, as well as all actions which are undertaken under such directives, are legal and will remain in force until the government promulgates another bill to rescind them.
Thus, to ensure our country’s transition toward democratic governance and positive changes, we urge that all the 35 NCPO orders/announcements and Head of the NCPO orders which violate the people’s rights and liberties be revoked immediately.
We propose that a new bill under the name of “Draft Bill on Revoking the NCPO Announcements/Orders and Head of the NCPO Orders That Violate Human Rights and Democratic Principles, B.E. …” be submitted for a parliamentary review. With signatures of at least 10,000 individuals, we can introduce the draft to the elected parliament. With this bill, the parliament will have a chance to review each of NCPO-issued an-nouncements and orders to strike them down if they are considered an abuse of human rights and democratic principles.
To sign to support the bill requires Thai nationality and ID card.
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