Prime Minister Prayut Chan-o-cha has once again resorted to his absolute power and allowed political parties to do some administrative work. The partial lifting of the political ban heralds the start of the country's roadmap to an election.
But one problematic order which effectively prohibits the gathering of five of more people remains intact. The directive, National Council for Peace and Order (NCPO) order 3/2015 or 3/2558, was enacted on April 1, 2015 as a tool to maintain peace and order. The order, which replaced martial law, gives state authorities broad powers to detain violators for seven days, without charge.
The problem is not just the law, but also its enforcement which has been reflected by the regime's misuse of the order for more than three years.
Several cases aptly demonstrate the wrongful use of this despicable order by state authorities.
One involves a well-respected scholar in Chiang Mai. Chayan Vaddhanaphuti, together with a group of four academics and activists who attended an international conference on Aug 21, was charged under the order. The conference was purely academic in nature and had nothing to do with politics or the NCPO. Yet, some officials harassed the participants with random photograph taking and their unwelcome presence which was seen as a threat to academic freedom.
The four academics and activists then carried signs bearing the slogan, "This is an academic forum, not a military camp", and raised their hands in a three-finger salute, which is known as an anti-coup gesture. What they did, according to the Chiang Mai police, allegedly violated Section 12 of Order 3/2015, which forbids political gatherings of five or more people. Prof Chayan was charged in his capacity as the organiser of the event.
Another case saw the authorities take action against human rights defenders who monitored a seminar held by students activists at Khon Kaen University last year, ahead of the Aug 7 referendum on the constitution.
Duangthip Kararit and Neeranuch Niamsap, representatives from iLaw, a civic group which monitors lawmaking and law enforcement, were assigned to observe the seminar, "A Talk for Freedom: The charter and Isan people", organised on July 31 by student activists including Jatupat Boonpattararaksa (widely known as Pai Dao Din) who is now serving a jail term for a separate lese majeste case. Some of the students engaged in political activities as members of the Isan student group, the New Democracy Movement. Seven, including Ms Duangthip and Ms Neeranuch, were rounded up and charged with violating the military order. All were released on bail.
It is unfortunate that the authorities continue to press charges in accordance with order 3/2015, despite the public's endorsement of the charter. The military court in Khon Kaen in October this year decided to accept the case against the seven amid concerns that the state's move would damage the country's human rights record irreparably. The court trial was scheduled to take place this month.
In addition, there have been cases of police using this shameful order to suppress the activities of environmentalists who want to voice their concerns about megaprojects. It is sad to see locals trying to protect their home towns and the environment facing action so harsh it is as if they are enemies of the state.
On top of that, all of the above-mentioned cases involved people who spoke their mind peacefully.
This week, groups of activists and human rights advocates petitioned the Constitutional Court, asking it to review the order that they believe goes against the 2017 constitution which cherishes freedom of expression and human rights. They are right. In fact, it is time the military regime voided this drastic order which casts it in a bad light. Ongoing use of this order will only serve to speak volumes about the failure of the military regime to foster national reconciliation.