Our rightto gather

Our rightto gather

Opinion forums from the mass media to web debates have rapidly centred on the subject of a bill that will affect mass protests from now on. This proposal to enact a law on public gatherings is clearly overdue. At the same time, however, it requires thoughtful and precise handling. After years of getting it wrong, authorities now have one chance to get it right. This is an opportunity for the country to not only agree to disagree, but agree how to do that in a respectful, civilised manner.

Acting national police chief Watcharapol Prasarnratchakit raised the issue last week. The National Council for Peace and Order (NCPO) appointed him to form a committee and come up with proposals on public gatherings.

The order requires him to report directly back to the NCPO. Pol Gen Watcharapol has properly told the public about his work. One must hope that he will encourage public input, and take it to heart as he forms his recommendations on this vital subject.

It is important to note that none of this is new. In 2009, shortly after Abhisit Vejjajiva took over as prime minister, the government began similar work. The public protests of 2005-2008, culminating in the disgraceful takeover of the two major Bangkok airports, exposed the fact that in essence, there is no law on public gatherings.

The constitution guaranteed that every citizen had "the liberty to express his or her opinion [and] make speeches". But neither the constitution nor the criminal code had clear guidelines on what to do when one group's right to assemble clashes with another group's right to, say, attend school or simply go to work.

In 2011, following the red-shirt riots and subsequent deaths, the House of Representatives passed a law that had wide support. It failed to reach the Senate before Mr Abhisit dissolved parliament, and the Pheu Thai government that followed never took up the issue.

Three years later, Pol Gen Watcharapol is reviving the issue, using the 2011 bill as a guide. He is proposing that any group wishing to protest give 24 hours notice. More controversially, he will insert a general instruction that authorities can order and enforce the end of any protest they feel has got out of hand. And he will bar all night-time protests. Rallies must end by 10pm or authorities will end them.

There is no important voice in Thailand that opposes the public's right to gather in numbers, in protest or in support of any subject. For years, Thais have shown support for reasonable rules to ensure public safety.

The tricky part, however, concerns just how to balance rights and responsibility. Specifically, the law must balance the unquestionable right to freedom of speech against the indisputable right to move freely and safely.

In bringing this necessary bill into law, the authorities must realise that Thailand is not a politically peaceful and unified country. It has a disputatious side just like all other countries.

Respect for the rule of law can prevent riots and violence — however that respect cannot be mandated. So for that reason the authorities must bring this issue to public attention, encourage the most widespread debate and then enact a bill that the country agrees with.

Even peaceful protests in recent years have interfered with daily life. So it must be clear to all that the right to protest can never trump the rights held by all citizens. A fair and clear law will allow authorities to take action when protests and public gatherings get out of hand. The rule of law is clear: Protest yes, intimidate no.

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