Thailand: legislative response to torture and enforced disappearances

Abstract

Thailand has been a State Party to the <i>Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment</i> (CAT) since 2007 and signed the <i>International Convention for the Protection of all Persons from Enforced Disappearance</i> (CED) in 2012. Despite this commitment, there is evidence that Thailand has violated both CAT and CED. Thailand has been discussing draft legislation since it was lodged in the House of Representatives in 2015. A Bill to enact Thailand's obligations under the Conventions passed its first reading on 16 September 2021 and was enacted by Parliament on 24 August 2022. These actions must be seen in the context of the unstable political environment in Thailand since early 2005. People are deprived of their rights and freedoms, especially when people express different opinions and then enter into political conflicts with the government. This article analyses Thailand's international treaty obligations, constitutional protections and the recently enacted legislation, considering the associated political and legal issues.