Unofficial
translation
CONSTITUTION OF THE KINGDOM OF THAILAND
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GENERAL PROVISIONS
Section
1. Thailand is one and indivisible
Kingdom.
Section
2. Thailand adopts a democratic
regime of government with the King as Head of State.
Section 3. The sovereign power belongs to the Thai
people. The King as Head of State shall
exercise such power through the National Assembly, the Council of Ministers and
the Courts in accordance with the provisions of this Constitution.
The performance of
duties of the National Assembly, the Council of Ministers, the Courts,
Constitutional organisations and State agencies shall be in accordance
with the rule of law.
Section 4. The human dignity, right, liberty and
equality of the people shall be protected.
Section 5. The Thai people, irrespective of their
origins, sexes or religions, shall enjoy equal protection under this
Constitution.
Section 6. The Constitution is the supreme law of
State. The provisions of any law, rule
or regulation which are contrary to or inconsistent with this Constitution
shall be unenforceable.
Section 7. Whenever no provision under this
Constitution is applicable to any case, it shall be decided in accordance with
the constitutional convention in the democratic regime of government with the
King as Head of State.
In the case where the
question concerning any act or decision under paragraph one arises in the
affairs of the House of Representatives, the Senate, the National Assembly, the
Council of Ministers, the Supreme Court, the Supreme Administrative Court or
any Constitutional organization, it may request the Constitutional Court to
make decision thereon, but the request of the Supreme Court and the Supreme
Administrative Court shall be approved by the plenary session of the Supreme
Court or the Supreme Administrative Court and on the matter related to the
trial and adjudication of the case.
BOOK I
THE KING AND THE PEOPLE
CHAPTER 1
The King
Section 8. The King shall be
enthroned in a position of revered worship and shall not be violated.
No person shall expose
the King to any sort of accusation or action.
Section 9. The King is a Buddhist and Upholder of
religions.
Section 10. The King holds the position of Head of
the Thai Armed Forces.
Section 11. The King has the prerogative to create
titles and confer decorations.
Section 12. The King selects and appoints qualified
persons to be the President of the Privy Council and not more than eighteen
Privy Councilors to constitute the Privy Council.
The Privy Council has
the duty to render advice to the King on all matters pertaining to His
functions as He may consult and has other duties as prescribed by this Constitution.
Section 13. The selection, appointment or removal of a
Privy Councilor shall be at the King's pleasure.
The President of the
National Assembly shall countersign the Royal Command appointing or removing
the President of the Privy Council.
The President of the
Privy Council shall countersign the Royal Command appointing or removing other
Privy Councilors.
Section 14. A Privy Councilor shall not be a member
of the House of Representatives, a senator, a Constitutional Court judge, an Administrative
Court judge, an Election Commissioner, a member of the State Audit Commission, a
member of the National Counter Corruption Commission, a member of the Human
Rights Ombudsmen, a government official holding permanent position or receiving
a salary, an official of State enterprise, a State official or a member or
official of political party, and must not manifest loyalty to any political
party.
Section 15. Before taking office, a Privy Councilor
shall make a solemn declaration before the King in the following words:
“I, (name of the
declarer), do solemnly declare that I shall be loyal to His Majesty the King
and shall faithfully perform my duties in the interests of the State and the
people. I shall also uphold and observe
the Constitution of the Kingdom of Thailand in every respect.”
Section 16. A Privy Councilor vacates office upon
death, resignation or removal by Royal Command.
Section 17. The appointment and removal of officials of
the Royal Household and of the Royal Chief Aide-de-Camp shall be at the King’s
pleasure.
Section 18. Whenever the King is absent from the
Kingdom or unable to perform His functions for any reason whatsoever, the King
may appoint a person as the Regent. In
this regard, the President of the National Assembly shall countersign the Royal
Command therefor.
Section 19. In the case where the King does not
appoint the Regent under section 18, or the King is unable to appoint the
Regent owing to He is not being sui juris or any other reason whatsoever,
the Privy Council shall submit the name of a person suitable to hold the office
of the Regent to the National Assembly for approval. Upon approval of the National Assembly, the
President of the National Assembly shall make an announcement, in the name of
the King, to appoint such person as the Regent.
During the
expiration of the term of the House of Representatives or the dissolution
thereof, the Senate shall act as the National Assembly in giving an approval
under paragraph one.
Section 20. While there is no the Regent under
section 18 or section 19, the President of the Privy Council shall act as the Regent
pro tempore.
In the
case where the Regent appointed under section 18 or section 19 is unable to
perform his duties, the President of the Privy Council shall act as the Regent pro
tempore.
While
being the Regent under paragraph one or acting as the Regent under paragraph
two, the President of the Privy Council shall not perform his duties as
President of the Privy Council. In such
case, the Privy Councilors shall elect one among themselves to be acting President
of the Privy Council pro tempore.
Section 21. Before taking office,
the Regent appointed under section 18 or section 19 shall make a solemn
declaration before the National Assembly in the following words:
“I, (name
of the declarer), do solemnly declare that I shall be loyal to His Majesty the
King (name of the King) and shall faithfully perform my duties in the interests
of the State and the people. I shall
also uphold and observe the Constitution of the Kingdom of Thailand in every
respect.”
During the
expiration of the term of the House of Representatives or the dissolution
thereof, the Senate shall act as the National Assembly under this section.
Section 22. Subject to section 23, the succession to
the Throne shall be in accordance with the Palace Law on Succession, B.E. 2467.
The
Amendment of the Palace Law on Succession, B.E. 2467 shall be the prerogative
of the King. At the initiative of the King,
the Privy Council shall draft the Palace Law Amendment and shall present it to
the King for His consideration. When the
King has already approved the draft Palace Law amendment and sign thereon, the
President of the Privy Council shall notify the President of the National
Assembly for informing the National Assembly.
The President of the National Assembly shall countersign the Royal
Command. The Palace Law Amendment shall
come into force upon its publication in the Government Gazette.
During the
expiration of the term of the House of Representatives or the dissolution
thereof, the Senate shall act as the National Assembly in acknowledging the
matter under paragraph two.
Section 23. In the case where the Throne becomes
vacant and the King has already appointed His Heir to the Throne under the
Palace Law on Succession, B.E. 2467, the Council of Ministers shall notify the
President of the National Assembly. The
President of the National Assembly shall then convoke the National Assembly for
acknowledgement and shall invite such Heir to ascend the Throne and proclaim
such Heir the King.
In the case
where the Throne becomes vacant and the King has not appointed His Heir under
paragraph one, the Privy Council shall submit the name of the Successor to the
Throne under section 22 to the Council of Ministers for further submission to
the National Assembly for approval. In
this regards, the name of a Princess may be submitted. Upon the approval of the National Assembly,
the President of the National Assembly shall invite such Successor to ascend
the Throne and proclaim such Successor the King.
During the
expiration of the term of the House of Representatives or the dissolution
thereof, the Senate shall act as the National Assembly in acknowledging the
matter under paragraph one or in giving an approval under paragraph two.
Section 24. Pending the proclamation of the name of
the Heir or the Successor to the Throne under section 23, the President of the
Privy Council shall act as the Regent pro tempore. In the case where the Throne becomes vacant
while the Regent has been appointed under section 18 or section 19 or while the
President of the Privy Council is acting as the Regent under section 20 paragraph
one, such Regent, as the case may be, shall continue to be the Regent until the
proclamation of the name of the Heir or the Successor to ascend the Throne as the
King.
In the case
where the Regent who has been appointed and continues to be the Regent under
paragraph one is unable to perform his duties, the President of the Privy
Council shall act as the Regent pro tempore.
In the
case where the President of the Privy Council is the Regent under paragraph one
or acts as the Regent pro tempore under paragraph two, the provisions of
section 20 paragraph three shall apply.
Section 25. In the case where the Privy Council has
to perform its duties under section 19 or section 23 paragraph two, or the
President of the Privy Council has to perform his duties under section 20 paragraph
one or paragraph two or section 24 paragraph two, and there is, during that
period, no President of the Privy Council or the President of the Privy Council is unable to perform
his duties, the remaining Privy Councilors shall elect one among themselves to
act as the President of the Privy Council or to perform the duties under
section 20 paragraph one or paragraph two or section 24 paragraph three, as the
case may be.
CHAPTER 2
The People
Part 1
Citizenship and Citizens’ Duties
Section 26. The Thai people shall
be citizen.
A citizen shall pay respect
to and act in compliance with the Constitution and the laws, preserve rights
and liberties of others and the principle of equality, uphold righteousness as
well as good value and discipline, be responsible for citizen’s duties, be
accountable to social and the public, and be in harmony, pertinacity and
self-reliance.
No citizen shall act in
advocacy of national or religious hatred or constitute any incitement to
discrimination, hostility or violence.
The State shall implant
citizen to uphold a regime of government with the King as Head of State
and democratic value and shall prepare any education and training to citizen at
all levels, groups and ages so as to institute the citizenship under this
section.
Section 27. A citizen shall have the following duties:
(1) to uphold the
nation, religions, the King and the democratic regime of government with the
King as Head of State under this Constitution;
(2) to defend the
country, serve in armed forces and protect national benefits and to act in compliance
with law;
(3) to pay tax in good
faith;
(4) to exercise
political right in good faith and for the benefit of the public;
(5) to render assistance
to official service, to render assistance in prevention and rehabilitation of
public calamity and in prevention and suppression of corruption, to receive
education and training, to carry out occupation or profession in good faith, to
protect,
preserve, conserve and retain national and local convention and tradition,
wisdom, art and culture and to preserve and conserve natural resources and
environment.
Section 28. A citizen who serves service in the National
Moral Assembly, Citizen Assembly, Public Scrutiny Organization, and other
organizations established by this Constitution shall perform his honor duties vigorously
in an impartial and sacrificial manner.
In this regards, such citizen is entitled to necessary expense for the
benefit of the performance of his duties as provided by law.
Part 2
Rights and Liberties of the People
Section 1
General Provisions
Section 29. Human dignity, rights and
liberties recognised by this
Constitution explicitly, by implication or by decisions of the Constitutional
Court shall be protected and directly binding on the National Assembly, the
Council of Ministers, the Courts, Constitutional organisations and all
State organs in enacting, applying and interpreting laws.
In exercising powers of
all State authorities, human dignity, rights and liberties in accordance with
the provisions of this Constitution shall be respected.
Section 30. The rights of person recognized by this
Constitution imply corresponding duties resting on the State and all State
agencies to ensure the effectiveness of the exercise of such rights. To fulfill such duties, regard shall also be
had to financial capacity of the State.
Section 31. No person shall exercise rights or liberties
in a manner which may overthrow the democratic regime of government with the
King as Head of State under this Constitution or to acquire the power to rule
the country by any means which is not in accordance with the provisions provided
by this Constitution.
In the case where a
person or group of person has committed the act under paragraph one, the person
detecting such act shall have the right to request the Constitutional Court for
ordering cessation of such act or any other appropriate order without prejudice
to the institution of a criminal action against whom doing such act.
Section 32. A person can invoke human dignity,
exercise his right to freedom and exercise his rights and liberties in so far
as it is not violation of rights and liberties of other persons or contrary to
this Constitution or public order or good morals.
A person whose rights or
liberties recognised by this
Constitution are violated can invoke the provisions of this Constitution to
bring a lawsuit to, or to defend himself in, the Courts.
A person may
bring a lawsuit against the State directly so as to act in compliance with the
provisions of this Chapter. If there is
a law enforcing the exercise of any right or liberty as recognised by this
Constitution, the exercising of that right or liberty shall be in accordance
with such law. If the Constitution provides
that the exercise of any recognized right or liberty shall be made by virtue of
law and that law has not been enacted yet, a person shall be entitled to bring
a lawsuit against the State directly.
The
law to be enacted under paragraph three shall, upon the principle of proportion,
not oppose to the scope of, or cause impediment to, rights and liberties and
the exercise thereof.
The
State shall provide protection, enhancement and assistance to the people for the
exercise of rights and liberties appropriately.
Section 33. The restriction of rights and liberties recognised by this
Constitution shall not be imposed on a person except by virtue of law
specifically enacted for the purpose prescribed herein and only to the extent
of necessity; provided that, it shall not affect the essential substances of
such rights and liberties.
The law under paragraph
one shall be of general application and shall not be intended to apply to any
particular case or person; provided that, the provisions of the Constitution authorising its
enactment shall also be mentioned therein.
The provisions of
paragraph one and paragraph two shall apply mutatis mutandis to rules or
regulations issued by virtue of law.
Section 2
Human Rights
Section 34. All persons are equal
before the law and shall enjoy equal protection under the law.
Men and women shall
enjoy equal rights and liberties.
Unjust discrimination
against a person on the grounds of the difference in origin, race, language,
sex, gender, age, disability, physical or health condition, personal
status, economic or social standing, religious belief, education or training,
or constitutionally political view shall not be made.
Measures determined by
the State in order to eliminate obstacle to or to promote persons’ ability to
exercise their rights and liberties as other persons shall not be deemed as
unjust discrimination under paragraph three.
Section 35. Members of the armed forces, police force and
government officials holding permanent position or receiving a salary and other
officials of the State shall enjoy the same rights and liberties under the
Constitution as those enjoyed by other persons, unless such enjoyment is
restricted by law or rule specifically enacted or issued in regard to politics,
efficiency, disciplines or ethics.
Section 36 A person shall enjoy the right and
liberty in his life and person.
A torture, brutal act or
punishment by a cruel or inhumane means shall not be made; provided that
punishment under judgments of the Courts or by virtue of law shall not be
deemed the punishment by a cruel or inhumane means.
Arrest and detention of
person shall not be made except by order or warrant issued by
the Courts or there is a ground as provided by law.
Search of person or act
affecting the right and liberty under paragraph one shall not be made except by
virtue of law.
Section 37. No person shall be inflicted with a
criminal punishment unless he has committed an act which the law in force at
the time of commission provides to be an offence and imposes a punishment
therefor, and the punishment to be inflicted on such person shall not be
heavier than that provided by law in force at the time of the commission of the
offence.
The suspect or the accused
in a criminal case shall be presumed innocent.
Before the passing of a final judgement convicting a person
of having committed an offence, such person shall not be treated as a convict.
No one shall, in
criminal case, be compelled to testify against himself or to confess guilt.
Section 38. The right of a person to marry and in
family shall be protected.
The right
of a person in dignity, reputation, personal information and privacy shall be
protected. The restriction of such right
shall not be imposed except by virtue of the specifically enacted for public
benefit or public figure.
Personal
information of a person shall be protected from the seeking of unlawful benefit
as provided by law. The seeking of
benefit through any means of personal information connectivity shall be provided
by virtue of law.
Section 39. A person shall enjoy
the liberty of dwelling, and the peaceful habitation in and the possession of
dwelling shall be protected.
The entry
into a dwelling without consent of the possessor thereof or the search of a
dwelling or private place shall not be made except by order or warrant issued by
the Courts or there is a ground as provided by virtue of law.
Section
40. A person shall enjoy the
liberty of communication by lawful means.
The
censorship, withholding or disclosure of communication between persons
including any other act of disclosing a statement in the communication between
persons shall not be made except by virtue of law specifically enacted for
security of the State or maintaining public order or good morals.
Section 41. A person shall enjoy full liberty to
profess a religion, a religious denomination or creed, and observe religious
precepts or commandments or exercise a form of worship in accordance with his belief;
provided that it is not contrary to his citizens’ duties, public order or good
morals.
In
exercising the liberty referred to in paragraph one, a person shall be
protected from any act of the State which is derogatory to his rights or
detrimental to his due benefits on the grounds of professing a religion, a
religious denomination or creed or observing religious precepts or commandments
or exercising a form of worship in accordance with his different belief from
that of others.
Section
42. A person shall enjoy the
liberty to express opinion, make speech, write, print, publicise, and
make expression by any other means.
The
restriction on liberty under paragraph one shall not be imposed except by
virtue of law specifically enacted for the purpose of maintaining the security
of State, protecting the rights, liberties, dignity, reputation, family or
privacy rights of other persons, maintaining public order or good morals or
preventing or
halting the deterioration of the mind or health of the public.
Section 43. The property right of a person shall be
protected. In using of any property,
public benefit shall also be taken into consideration. The extent and the restriction of such right
shall be imposed by virtue of law.
The
succession shall be protected. The right
of succession of a person shall be in accordance with the provisions of law.
An expropriation
of immovable property shall not be made except by virtue of law specifically
enacted for using in State affair and for the provision of public service or
other public benefits. In this regards,
the purpose of expropriation and period of time for use of immovable property
shall be specified in an immovable property expropriation law, and fair
compensation shall be paid in due course to the owner thereof as well as to all
persons having the rights thereto, who suffer loss by such expropriation. The amount of compensation shall be fairly
assessed with due regard to the normal market price, mode of acquisition,
condition and location of the immovable property, loss of the person whose
property or right thereto is expropriated, and benefits that the State and the
person whose property or right thereto is expropriated may receive from the use
of the expropriated property and the remnant from expropriation. If the immovable property is not used to fulfil such
purpose within such period of time, it shall be returned to the original owner
or his heir in accordance with the provisions of the law.
Section 44. A person shall have the rights in judicial
process as follows:
(1) right of easy, convenient, expedient,
comprehensive and equal access to judicial process with fair cost;
(2) right to correct, prompt, fair and standard
trial. Every child, youth, woman or
aging or disabled person shall have the right to appropriate protection in
judicial process;
(3) fundamental rights in
judicial process composing of, at least, right to public trial, right to defend
the case, right to object the partial judges, right to be considered by the
full bench of judges and right to transcribe or copy decisive decision, judgment or order;
(4) an injured person, alleged offender,
plaintiff, defendant or the accused, interested parties, interested person or
witness to the case shall, irrespective of his race, sex, age, physical or
health condition or status, have the
right to appropriate treatment;
(5) an injured person, alleged offender, the
accused and witness to a criminal case shall have the right to necessary and
appropriate protection and assistance from the State and shall be investigated
correctly, expediently and fairly upon apparent standard. The alleged offender and the accused shall
have the right to legal assistance from experienced legal practitioner, the
right to temporarily release on bail except where otherwise imposed by virtue
of law, and the right to know the justification of State attorney on
prosecution or non-prosecution order;
(6) right to obtain remedy for the violation of
rights or liberties recognized by the Constitution.
Section 45. Any person other than a person of Thai
nationality residing within the Kingdom shall enjoy economic, social and
cultural rights as provided by virtue of law or as rendered by the State.
Section 3
Civil Rights
Section 46. The family shall have the right to
protection and assistance by the State in order to live altogether solidly and
comfortably with appropriate living conditions including food, cloth and
habitation as provided by virtue of law.
Every
mother shall enjoy special protection and welfare as appropriate from the State
and employer during a reasonable period before and after childbirth as provided
by virtue of law.
Every child
and youth shall enjoy the right to survive and to receive physical, mental and
intellectual development in compliance with their personalities and in suitable
surroundings, and shall, with regard to their active participation, be
protected from the seeking of any benefit which may be risky
to their mental or health or may impede their natural development.
Every
child, youth, woman and member of family shall be protected by the State from
violence and unfair treatment in all forms and shall have the right to
rehabilitation upon an occurrence thereof.
The restriction
of any right of child, youth and member of family shall not be imposed except
by virtue of law specifically enacted for preservation and maintenance of
condition or unity of family or for protection of child or youth welfare or for
their greatest benefit.
Every
child, youth, woman, person over sixty years of age with insufficient income
and the disabled or handicapped shall have the right to welfare, public
facilities and appropriate assistance for the State as provided by virtue of
law.
Section 47. A citizen shall enjoy the liberty of travelling and the
liberty of making the choice of his residence within the Kingdom.
The restriction on such
liberties under paragraph one shall not be imposed except by virtue of law
specifically enacted for maintaining the security of the State, public order,
public welfare, town and country planning or welfare of the youth.
Expatriation of Thai
nationality by birth is prohibited. Citizenship may be expired only as
provided by virtue of law and against the will of the affected citizen only if he does
not become stateless as a result.
No person of Thai
nationality shall be deported or prohibited from entering the Kingdom.
Section 48. Liberty of mass media to practice in
accordance with professional ethics for the benefit of the public in knowing
information and news correctly, thoroughly and holistically upon public
accountability shall be protected.
The closure of mass media
business in deprivation of the liberty under this section is prohibited.
The
prevention of mass media from printing news or expressing opinion, wholly or
partly, or interference in any manner whatsoever in deprivation of the
liberty under this section, shall not be imposed except by virtue of law
specifically enacted for the purpose of maintaining the security of State,
protecting the rights, liberties, dignity, reputation, private data, family or
privacy rights of other persons, maintaining public order or good morals or preventing
or halting the
deterioration of mental or health of the public.
The censorship by a
competent official of news or articles before their publication in mass media
shall not be made except during the time when the country is in a state of war;
provided that, it must be made by virtue of law enacted under the provisions of
paragraph three.
The owner of mass media
business shall be citizen. No citizen
shall own or hold shares in many mass media business, directly or indirectly,
in a manner that may control or monopolize the presentation of information,
news or opinion to the public or obstruct an access to information or news of
the public or hinder the public from obtaining information or news from various
sources as prescribed by law.
No person holding
political position shall be owner or shareholder in mass media business whether
in his own name or through his nominee, and no such person shall act in any
manner whatsoever so as to control such business as if he is the owner or
shareholder thereof.
No grant of money,
property or any other benefit shall be made by State as subsidies to private
mass media. The advertisement in, or
buying of any other service from, private mass media by State shall be made by
virtue of law specifically enacted for that purpose.
Section 49. An official or employee in a private
sector undertaking mass media business shall enjoy liberty to present news and
express their opinions under the constitutional restrictions without mandate of
State or the owner of such businesses; provided that, it is not contrary to
their professional ethics.
A government official
holding permanent position or receiving a salary and other officials of the
State who performs duty as mass media shall enjoy the same liberties as those
enjoyed by the official or employee under paragraph one.
Any act done by a person
holding political position, State official or the owner of business with a view
to obstruct or interfere the presentation of news or an expression of opinions
in public issue of the person under paragraph one or paragraph two,
irrespective of whether such act has been done directly or indirectly, shall be
deemed as wilfully misuse
of power and take no effect except where such act has been done through the
enforcement of law or professional ethics.
There shall be the law
establishing mass media profession organization so as to provide welfare for
the persons under paragraph one and paragraph two, to protect mass media
liberty and independence under section 48, to strengthen professional ethics
and standard and to consider petition of whom affected from the enjoyment of
liberty under section 48.
Section 50. Transmission frequencies for radio or
television broadcasting and telecommunication are national communication
resources for public interest.
There shall be an
independent regulatory body having the duty to allocate the frequencies under
paragraph one and supervise radio, television, telecommunication and
information technology businesses as provided by the law. In this regards, regard shall be had to State
security, the greatest public benefit at national and local levels with respect
to the underprivileged in terms of education, culture and other public
interests, including the participation of private sector and local community in
accessing to and providing of public mass media as determined by national
strategic and development plan and as provided by virtue of law.
In an execution under
paragraph two, regards shall be had to free and fair competition. The collection of any fee or charge for doing
such businesses shall have regard to the extension, standard, quality and transparency
of service at the possible lowest cost of the public rather than income of
State or of that organization.
The owner of business
under this section shall be citizen and shall not act in any manner which may
produce the outcome under section 48 as imposed by virtue of law.
Section
51. Academic freedom shall be
protected.
Education
and training, learning and teaching, research and disseminating of research
according to academic principles shall be protected; provided that, it is not
contrary to his citizen’s duties or good morals.
An analysis
and criticize of judgment, decision or order of the Court and publication
thereof in good faith and in accordance with academic principles shall be
protected.
Section
52. A citizen shall enjoy equal
right to obtain quality and variety education comprehensively for
self-development in compliance with local culture and his skill and proficiency
from primary level through secondary level, both general and vocational
educations, without pay as provided by virtue of law.
The
indigent, disabled or handicapped, or destitute person shall enjoy an equal
right under paragraph one and shall be supported by State to receive equal
education with others.
State shall provide and
promote the provision of education and training of professional or private
organisation for, lifelong learning, self-directed learning, alternative
education and other varieties means of education of, the people so as to
promote morality, concentration and wisdom of the public.
Section 53. A citizen shall enjoy the liberty to
assemble peacefully and without arms.
The restriction on such
liberty under paragraph one shall not be imposed except by virtue of law
specifically enacted for the purpose of public assembling and for securing
State security, public safety, public order or good moral of the people,
protection of public health or the protection of rights or liberties of others.
Section 54. A citizen shall enjoy the liberty to unite
and form an association, union, federation, a co-operative, farmers’ group,
private organisation,
a non-governmental organisation or any other group.
A
government official holding permanent position or receiving a salary and other
officials of the State shall enjoy the same liberty to association so long as
the efficiency of State administration and the continuation in providing public
services are not affected as provided by law.
The
restriction on such liberty under paragraph one and paragraph two shall not be
imposed except by virtue of law specifically enacted for preventing common
interests of the public, maintaining public order or good morals or preventing
economic monopoly.
Section 55. A citizen shall have political right
under this Constitution and shall enjoy the liberty to unite and form a
political party or political group in order to manifest political view of
people and to carry out political activity for the fulfilment of such will
through the democratic regime of government with the King as Head of State as
provided by this Constitution.
Section
56. A citizen shall enjoy the
liberty to engage in an enterprise or an occupation or profession.
The
restriction on such liberties under paragraph one shall not be imposed except
by virtue of law specifically enacted for maintaining the security and safety
of State or economy of the country, protecting the public in regard to public
utilities, maintaining public order and good morals, regulating the engagement
in an occupation or profession as necessary, consumer protection, town and
country planning, preserving natural resources or the environment, public
welfare, preventing monopoly or eliminating unfair competition.
Forced labour shall
not be imposed except by virtue of law specifically enacted for the purpose of
averting imminent public calamity or by virtue of the law which provides for
its imposition during the time when the country is in a state of war or armed
conflict, or when a state of emergency or martial law is declared or by virtue
of law which provides for the probation of the offender in accordance with the
judgment or order of the Court.
Section 57. A citizen shall have the right to fair
wage and the right to appropriate and fair work safety, occupational health,
security and welfare and to living security irrespective of whether he is
employed or unemployed in accordance with the provisions of law.
Section 58. A citizen shall have the right to
public health as provided by virtue of law as follows:
(1) to live
in environment and surrounding which are suitable for healthy;
(2) to
obtain appropriate, quality and standard health service as well as other basic
benefits comprehensively;
(3) to
obtain correct and up-to-date health-related information from the State.
Citizen
whom injured from public health service and public health service provider whom
damaged from practicing in accordance with professional standard and ethics
shall be protected by the State appropriately as provided by virtue of law.
Section 59. A citizen shall have the right to
access and utilize public service provided by the State continually, comprehensively
and equally and State shall regularly modernize such public service.
Section 60. Right of consumer shall be protected.
There shall
be a consumer protection organisation which acts independently and not being State
agency consisting of representatives of consumers to perform the function
of giving opinions to a State agency on the enactment and application of laws,
rules and regulations and on the determination of various measures for consumer protection, and for examining and
making a report on any act or omission related to consumer protection as well
as enhancing and promoting necessary consumer protection knowledge and skill to
consumer. The State shall provide
financial support for an operation of such organisation.
Section 61. A citizen shall have the right to
obtain and access to public information in possession of the State, unless the
disclosure of such information shall affect the security of State, public
safety, interests of other persons which shall be protected, or personal
information of other persons as provided by law.
Section 62. A citizen shall have the right to
petition and to participate in the decision-making process of State official in
the performance of administrative functions which affect or may affect his
rights and liberties and shall have the right to be informed of the result
thereof without delay.
A citizen shall
have the right to obtain information, explanation and justification from the State
before granting of any sort of permission or undertaking any project or
activity which may affect the quality of environment, health, quality of life or
any other substantial interest in concerning with him or his community and
shall have the right to express his opinions on such matters to the concerned
agencies for their consideration.
The State
shall arrange comprehensive public consultation prior to the making of national
strategy, economic and social development plan and any other plan, the
expropriation of immovable property, the making of town and country planning,
the determination of land use, and the enactment of rule which may affect
material interest of the public, and the result of public consultation shall be
taken into State’s consideration. In
this regards, the historic and cultural sites shall also be taken into
consideration.
Section 63. A community shall have the right to
protect, rehabilitate, conserve, retain and develop community, local or
national tradition and custom, art and culture and old good wisdom and shall
have the right to participate in management, maintenance and exploitation of
natural resources, environment and biological diversity in a balanced and
sustainable manner.
Citizen
shall have the right to participate with community or State in an
implementation under paragraph one and in any other matter which may be
beneficial to community.
Section 64. Rights of citizen to participate with
State and community in an exploitation of natural resources and biological
diversity fairly and in conservation, promotion and maintenance of quality of
environment for usual and consistent survival in the environment which is not
hazardous to his health, welfare or quality of life shall be protected.
Any project or activity
which may be seriously detrimental to community in respect of environmental
quality, natural resources and biological diversity shall not be undertaken,
unless its impacts on quality of environment and health of the people in
community have been studied and evaluated by an impartial person. In the case where strategic environment
assessment is required, regards shall also be had to the compatible output
thereto. Additionally, consultation with
the public and interested parties shall be organized prior to the
commencement thereof, and opinions of an independent organisation,
consisting of representatives from private environmental and health organisations and from
higher education institutions providing studies in the field of environment,
natural resources or health, have been obtained prior to the undertaking of
such project or activity.
The right of citizen and
a community which may be affected from the undertaking under this section to take
legal action against State or State agency to enforce the performance of duties
under this section shall be protected.
Part 3
Political Participation
Section 65. A citizen shall have the right to
obtain information related to, and to express opinion on, the developing and the
making of decision on public policy whether at national, regional or local
level, including in the consideration of bill or draft rule and any undertaking
of the project or activity which may affect his way of life or normal livelihood,
environmental quality, natural resources and health and other matter as
provided by virtue of law.
State
agency which is accountable for the developing of each public policy shall have
the duty to enable citizen to enjoy the participation under paragraph one.
The citizen
participation procedure under this section shall be provided by law.
Section 66. Citizens having the right to vote of
not less than ten thousand in number shall have the right to submit the bill
under BOOK I, Chapter 2, Part 2 Rights and Liberties of People and Book II,
Chapter 2 Directive Principles of Fundamental State Policies under this
Constitution to the National Assembly as provided by virtue of law.
State
organization having duties in preparing and examining the bill shall have the
duties in supporting citizen in preparing and submitting the bill as provided
by virtue of law.
In an
examination of the bill under paragraph one, the House of Representatives and
the Senate shall invite the representatives of the citizens who submit the bill
to introduce the bill and at least one-thirds of the total number of the members
of the extraordinary committee to be established for the examination of such
bill shall compose of the representatives of the citizens who submit that bill.
Section 67. Citizens having the right to vote
shall cast votes in referendum on an amendment of the Constitution or on the
matter which may affect national or public interest as notified by the Royal
Proclamation or on the matter provided by law.
The referendum shall be held in accordance with the rules and procedure
as provided by the Organic Law on Referendum.
The
referendum under paragraph one may be held for the purpose of finding solution
by the majority votes of eligible voters in the referendum on the issued posed
by referendum or for the purpose of advising the Council of Ministers, unless
specifically provided by law.
A vote in a
referendum shall only be held in the subject matter of referendum. A referendum shall not be held on an issue
specifically relating to any individual or group of persons, except as
prescribed by this Constitution.
Section 68. A citizen shall have the right to
peacefully resist an act committed for the acquisition of the power to rule the
country by means which is not in accordance with the modes provided by this
Constitution.
Part 4
Public Examination
Section 69. State agency, private agency,
non-governmental organization or any other organization which undertake its activity
by State funds shall have the duty to disclose information relating to such
activity to the public for monitoring and examination as imposed by law;
provided that, such information concerning with security of the State or the
disclosure thereof is prohibited by law.
Section 70. For the benefit of prevention and
suppression of corruption, citizen shall have the right to request information
on, and to monitor, the followings matters as provided by law:
(1) the
undertaking or the performance of duties of a person holding political
position, State agency and State official;
(2) the
spending of State funds and procurement of State agency;
(3) the
acceptance of donation of, and the spending of money of, political party or
political group and a candidate in an election at all levels;
(4) the
spending of money of any natural person or juristic person having transaction
with State agency or State official if there is a reasonable ground to believe
that such person involving in corruption by requesting any organization
relating to examination of State affairs or State agency having duties to
control, supervise or filing or registering such juristic person to conduct
examination as provided by law.
The
disclosure of information under paragraph one is prohibited if it may
detrimental to national security, public safety or recognized interests of
others as provided by law.
Citizen and
mass media providing, in good faith, information to organization relating to
examination of State affairs, State agency or the public concerning with the
performance of duties of a person holding political position, State agency and
State official shall be protected.
Any person
exercising the right under paragraph one dishonestly shall be liable to an
offence as provided by law.
Section
71. To empower the people
in each Changwat[1]
to participate directly in examination of the exercise of State power, there
shall establish the Public Scrutiny Council in each Changwat consisting
of not more than fifty members who domicile in such Changwat. In this regards, not more than one-fourth of the
members shall be representatives of the Citizen Assembly and not more than one-fourth
of the members shall be representatives of the civil society and the remainder
shall be eligible voters.
The
qualifications, prohibitions, acquisition, background, behavior and ethics
examination, term of office and vacation from office of the members, rule and
procedure for the exercise of powers and duties, secretariat unit of the Public
Scrutiny Council as well as other necessary matters shall be provided by law.
The Public Scrutiny
Council shall, within the precinct of each Changwat, have the powers and
duties to examine any act of the candidates in an election, local
administrators, members of local assembly, State officials and State agencies
particularly to the following matters:
(1) the
trustworthiness and fairness of an election of the members of the House of
Representatives, the members of the Senate, local administrators and members of
local assembly;
(2)
legality of an act of local administrators, members of local assembly, State
officials and State agencies in that Changwat;
(3) corruption
in public procurement and the spending of State funds of State agencies;
(4) violation
of rights or liberties of the people;
(5)
conflict of interests and ethics violation.
Section 72. Citizens having the right to vote of
not less than twenty thousand in number shall have the right to lodge with the
President of the National Assembly a complaint in order to request the National
Assembly to pass a resolution removing a person holding political position or
other positions from office or deprive his right to hold any political position
or other positions under section 253.
Such complaint shall clearly express the circumstances in which such
person allegedly committed the wrongful act.
The rules,
procedure and conditions for the lodging of the complaint under paragraph one
shall be provided by law.
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