[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 114 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. RES. 114
Urging the Government of Thailand to protect and uphold democracy,
human rights, the rule of law, and rights to freedom of peaceful
assembly and freedom of expression, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 16, 2023
Mr. Markey (for himself and Mr. Durbin) submitted the following
resolution; which was referred to the Committee on Foreign Relations
_______________________________________________________________________
RESOLUTION
Urging the Government of Thailand to protect and uphold democracy,
human rights, the rule of law, and rights to freedom of peaceful
assembly and freedom of expression, and for other purposes.
Whereas the Kingdom of Thailand (once commonly known as the ``Kingdom of Siam'')
and the United States of America first established relations in 1818,
and entered into the Treaty of Amity and Commerce, signed on March 20,
1833, which formalized diplomatic relations between the 2 countries;
Whereas Thailand was the first treaty ally of the United States in the Asia-
Pacific region, has a relationship with the United States that is built
upon a commitment to universal values, and remains a steadfast friend of
the United States;
Whereas through the Southeast Asia Collective Defense Treaty, done at Manila
September 8, 1954 (commonly known as the ``Manila Pact''), the United
States and Thailand expressed a joint desire to ``strengthen the fabric
of peace and freedom and to uphold the principles of democracy,
individual liberty and the rule of law'';
Whereas, in 1962, the United States and Thailand signed the Thanat-Rusk
communique, through which the United States pledged to provide
assistance to Thailand if it faced aggression by neighboring nations;
Whereas, through the Treaty of Amity and Economic Relations Between the Kingdom
of Thailand and the United States of America, done at Bangkok May 29,
1966, along with a diverse and growing trading relationship, the United
States and Thailand have developed strong economic ties;
Whereas the United States recognizes Thailand as a founding member of the
Association of Southeast Asian Nations (commonly known as ``ASEAN'');
Whereas, on November 12, 2022, President Joseph R. Biden and the ASEAN leaders
elevated United States-ASEAN relations to a Comprehensive Strategic
Partnership to open new areas of cooperation vital to the future
prosperity and security of the United States and ASEAN member nations;
Whereas Thailand successfully served as host for the Asia-Pacific Economic
Cooperation forum in 2022--
(1) to revitalize economic recovery;
(2) to restore connectivity following disruptions from the COVID-19
pandemic; and
(3) to integrate inclusivity and sustainability objectives in tandem
with economic goals;
Whereas Thailand was designated a major non-NATO ally in 2003, and is one of the
strongest security partners of the United States, a relationship
reaffirmed by the Joint Vision Statement 2020 for the U.S.-Thai Defense
Alliance;
Whereas the Government of Thailand and the Government of the United States hold
numerous joint military exercises, including Cobra Gold, the largest
annual multinational military exercise in the Indo-Pacific region, which
is hosted by Thailand;
Whereas the Government of Thailand continues to be a partner on humanitarian and
refugee assistance, including in multinational relief efforts following
the 2004 Indian Ocean tsunami and 2015 Nepal earthquake;
Whereas Thailand ended its absolute monarchy and transitioned to a
constitutional monarchy in 1932, and has since revised its constitution
19 times, including its 1997 Constitution, which enshrined
democratically elected representatives in a bicameral national assembly
and the prime minister as head of government;
Whereas, on May 22, 2014, the Royal Thai Armed Forces launched a coup d'etat
through which it repealed the 2007 Constitution, declared martial law,
and replaced the civilian government with a military junta, known as the
National Council for Peace and Order (referred to in this preamble as
the ``NCPO''), which was led by Army Commander-in-Chief Prayuth Chan-
ocha;
Whereas, on March 29, 2016, the NCPO unveiled a draft constitution and on August
7, 2016, the NCPO held a deeply flawed referendum on the new
constitution, which was intended to legitimize the document;
Whereas the 2016 referendum was marred by widespread violations of rights to
freedom of expression, association, and peaceful assembly;
Whereas the NCPO ignored numerous calls from the United Nations and foreign
governments to respect people's rights to freely express their views on
the draft constitution, and sharply curtailed freedoms in the lead-up to
the constitutional referendum, prosecuting journalists and critics of
the draft constitution, censoring the media, and preventing public
gatherings of more than five people;
Whereas the new Constitution, which was ratified on April 6, 2017--
(1) entrenched Thai military power at the expense of civilian political
control;
(2) obligated subsequent governments and members of parliament to
adhere to a junta-issued ``20-year reform plan'';
(3) contains provisions weakening the 500-member lower house and
reserving 250 seats in the Senate for NCPO-appointed senators and NCPO
leaders, including the top leadership of the military and police; and
(4) gives outsize power to unelected junta-selected senators to choose
subsequent prime ministers;
Whereas, in March 2019, Thailand held elections that--
(1) several independent monitoring groups, citing both procedural and
systemic problems, declared to be not fully free and fair and heavily
tilted to favor the military junta; and
(2) resulted in the NCPO's political party, headed by Prayuth Chan-
ocha, forming a new government and appointing Prayuth as prime minister;
Whereas, in January 2020, the opposition political party Future Forward was
dissolved and banned on order of Thailand's Constitutional Court
following a flawed legal process premised on spurious charges;
Whereas the Constitutional Court also ruled that Prime Minister Prayuth Chan-
ocha did not violate a constitutional provision limiting him to 8 years
in office, despite having remained in power since the August 2014 coup
d'etat;
Whereas the Government of Thailand has not made progress in its investigation of
violent attacks against some democracy activists and the forced
disappearances and killings of Thai political dissidents across Asia.
Whereas, in February 2023, the Government of Thailand again delayed key anti-
torture legislation, which, although flawed, would help to both clarify
the criminalization of torture and to prevent torture;
Whereas, since February 2020, tens of thousands of protesters across Thailand,
composed primarily of students and youth, have peacefully called for
democratically elected government, constitutional reform, and respect
for human rights;
Whereas the Government of Thailand responded to these largely peaceful protests
with repressive measures, including intimidation tactics, excessive use
of force during protests, surveillance, harassment, arrests, violence,
and imprisonment;
Whereas between 2020 and 2023, authorities of the Government of Thailand have
filed criminal proceedings against more than 1,800 activists for
participating in mass demonstrations and expressing their opinions,
including more than 280 children, 41 of whom were younger than 15 years
of age;
Whereas reports published in July 2022 by nongovernmental organizations found
that Thai authorities used Pegasus spyware against at least 30 pro-
democracy activists and individuals who called for reforms to the
monarchy and against academics and human rights defenders who have
publicly criticized the Government of Thailand; and
Whereas the Government of Thailand continues to consider the Draft Act on the
Operation of Not-for-Profit Organizations, which, if enacted--
(1) will represent one of the most restrictive laws against nonprofit
organizations in Asia; and
(2) will have an irreversible effect on civil society in Thailand and
across the Southeast Asia region generally: Now, therefore, be it
Resolved, That the Senate--
(1) reaffirms the strong relationship between the United
States and Thailand, a relationship based on shared democratic
values and strategic interests;
(2) is in solidarity with the people of Thailand in their
quest for a democratically elected government, political
reforms, long-term peace, and respect for established
international human rights standards;
(3) urges the Government of Thailand to protect and uphold
democracy, human rights, the rule of law, and rights to freedom
of peaceful assembly, freedom of expression, and privacy;
(4) urges the Government of Thailand to create conditions
for credible and fair elections in May 2023, including by--
(A) enabling opposition parties and political
leaders to carry out their activities without undue
interference from state authorities;
(B) enabling media, journalists, and members of
civil society to exercise freedoms of expression,
peaceful assembly, and association, without
repercussion and fear of prosecution; and
(C) ensuring that the tallying of votes is fair and
transparent;
(5) urges the Government of Thailand to immediately and
unconditionally release and drop charges against political
activists and refrain from harassing, intimidating, or
persecuting those engaged in peaceful protests and civic
activity more broadly, with particular care for the rights and
well-being of children and students;
(6) calls on the Government of Thailand to drop
consideration of the Draft Act on the Operation of Not-for-
Profit Organizations and reform other laws and regulations
undermining free expression and access to information;
(7) urges the Government of Thailand to investigate and end
spyware attacks that have targeted academics, human rights
defenders, and key members of various pro-democracy groups;
(8) calls on the Government of Thailand to repeal and cease
the promulgation of laws and decrees that are used to censor
online content and speech related to the electoral process,
including Thailand's--
(A) overbroad and vague lese majeste law;
(B) Computer-Related Crime Act; and
(C) overbroad sedition laws;
(9) communicates to the Government of Thailand that
continuing violations of the rights of the people of Thailand
to peacefully and democratically determine their future will
make it impossible for the United States to recognize the next
general election as free and fair, regardless of outcome; and
(10) unequivocally states that direct or indirect military
or royal intervention before, during, or after the general
election would--
(A) profoundly undermine bilateral relations
between the United States and Thailand; and
(B) endanger economic and security assistance to
Thailand and regional and economic cooperation.
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