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July 17, 2013

White Paper: The Judicial Attack on Thailand’s Democracy

The purpose of this White Paper is to alert the international community to an ongoing assault—carried out largely under the standard of the Democrat Party of Thailand, but engineered by a broader coalition of groups hostile to former Prime Minister Thaksin Shinawatra—designed to remove a democratically elected government by illegal means.

This alert to protect Thai democracy is even more pertinent and urgent given the recent military coup in Egypt. The actions of the Egyptian Army bluntly revealed to any of those who were still in doubt how fragile burgeoning democracies can be, particularly in countries where a lack of civilian oversight and accountability holds sway. The insipid response of the international community to the Egyptian coup and the violence and deaths that occurred on the streets of Cairo and elsewhere in the aftermath of the Egyptian Army’s actions lend a stark warning to what might occur in Thailand should anti-democratic forces take significant action.

The government of Prime Minister Yingluck Shinawatra, which was elected and duly constituted in July 2011, is responsible to protect its citizens from (among other things) crimes against humanity, such as the brutal slaughter of dozens of unarmed civilians under the Democrat administration of former Prime Minister Abhisit Vejjajiva during the “Red Shirt” pro-democracy demonstrations in Bangkok in April/May 2010. The Yingluck administration is working toward justice for those victims, and toward ensuring that no such atrocities occur ever again in Thailand. While the Thai government’s responsibility toward its citizens flows from basic principles of democratic governance, it is also enshrined in principles of international law, including the concept of Responsibility to Protect.1 Responsibility to Protect principles not only urge states to protect their citizens against mass atrocity crimes, such as the crimes against humanity inflicted upon the Thai citizenry during the 2010 Red Shirt demonstration; they also oblige the international community to encourage and assist individual states to meet those responsibilities. Further, if an individual state is failing in its duty, the concept of Responsibility to Protect calls upon the international community to take collective action within the framework of the UN Charter.2

Protecting innocent civilians from brutal slaughter is no simple task in Thailand, as doing so requires breaking a cycle of lawless coups and killings that dates back decades. The same groups that have been responsible historically for this cycle of impunity—the almost exclusive beneficiaries of the status quo that held before the first truly democratic Constitution was adopted in 1997—are now using every conceivable method to remove a duly elected government, primarily through an extra-parliamentary campaign of street action and judicial manipulation.

This White Paper describes the efforts by the anti-Thaksin coalition to undermine the results of the 2011 election, and it calls upon the international community to throw its full-throated support behind the Yingluck government as it strives to advance true democracy in Thailand, while preventing a repeat of April/May 2010.

The full White Paper can be read below:

White Paper: The Judicial Attack on Thailand’s Democracy

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