Thailand urged to drop charges against war objector

Amnesty International on Sept. 5 condemned the charges against Thai activist and conscientious objector Netiwit Chotiphatphaisal, who is facing trial for refusing military conscription. The group demanded that Thailand's government drop all charges, warning that the prosecution violates international human rights law. Netiwit, a former Amnesty International Thailand board member, faces three years in prison under Article 45 of the 1954 Military Conscription Act.

Montse Ferrer, Amnesty International's regional research director, stressed that international law demands alternatives to compulsory military service for conscientious objectors. He stated: "Netiwit's refusal to participate in this outdated system should urge Thai authorities to reform the country’s legal framework to allow alternative services, as required by international human rights law and standards."

A report released by Amnesty International in 2020 exposed rampant violations during Thai military training. All 19 recent conscripts interviewed reported or witnessed physical beatings, including slaps, kicks, and assaults with sticks, boots, helmets and gun butts.

Netiwit's indictment stems from his refusal to cooperate with conscription in April of last year, an act of civil disobedience against a military long criticized for documented abuses. In a 2016 interview with War Resisters' International, Netiwit condemned Thailand's lack of provisions for conscientious objectors, widespread class-based evasion of the draft, and the mistreatment of transgender women during recruitment. He described conscription as an "attitude adjustment program" designed to enforce obedience.

Thailand's conscription, mandated by Article 73 of the Constitution of the Kingdom of Thailand 2007, requires men aged 21 to join the military through a lottery. According to the WRI, drawing a red card means two years of mandatory service. Refusing conscription can lead to three years in prison.

Article 18 of the International Covenant on Civil & Political Rights (ICCPR) protects freedom of thought, conscience and religion. The UN Human Rights Committee's General Comment 22 also affirms that conscientious objection to military service is part of these freedoms. Punishing objectors without offering alternatives violates international standards, and advocates warn that reform is long overdue in Thailand.

From JURIST, Sept. 6. Used with permission.