[Congressional Record Volume 169, Number 49 (Thursday, March 16, 2023)]
[Senate]
[Pages S833-S834]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





                         SUBMITTED RESOLUTIONS

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SENATE RESOLUTION 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

  Mr. MARKEY (for himself and Mr. Durbin) submitted the following 
resolution; which was referred to the Committee on Foreign Relations:

                              S. Res. 114

       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

[[Page S834]]

     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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