[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 114 Introduced in Senate (IS)]

<DOC>






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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