Security Laws and the Enforcement in Three Deep South Provinces and Four Districts of Songkhla Province of Thailand

Abstract

The objectives of this research article are to (1) analyze the content of the 3 security laws, namely the Martial Law B.E. 2457, Emergency Decree on Public Administration in Emergency Situation, B.E. 2548, and the Internal Security Act B.E. 2551 (2) study the use of violence from state mechanisms in enforcing security laws in the area of three southern border provinces, and the area of 4 districts in Songkhla province (3) study the experience and extract the case on law and special law enforcement by state mechanisms that occurred in Aceh province, Indonesia, and the Mindanao Islands, Philippines (4) synthesize the way to amend laws, and policy suggestion towards the enforcement of security laws in 3 southern border provinces and 4 districts of Songkhla, which would lead to reconciliation in those area on the basis of respect for the principles of citizen rights and basic freedoms.

This study used the concept of "rule of law" together with the standard criteria of international law as framework for analyzing laws and security laws enforcement in the study area. The study used qualitative research methods, consisting of document research, together with field research. Data was collected from in-depth interviews, specific group conversation, meeting to hear opinions from 4 main informants, namely law enforcement officers, local people who were affected, scholars and civil society activists. Moreover, the research team has collected phenomenal data on the use of special laws in Aceh province, Indonesia and Mindanao, Philippines.

This study revealed that security laws and enforcement of 3 security laws in the southern border provinces of Thailand, as well as declaration of an emergency situation and measures to suppress rights and freedoms are still inconsistent with the rule of law and international standard criteria.

Suggestion

1) Suggestions to security law enforcement policy are: (1) the martial law which has been enforced in the 3 southern border provinces should be abolished (2) let target areas be under the enforcement of only one security law, and adjust the law to suit the emergency and seriousness of the changing situation (3) laws should be enforced in accordance with the  framework of international obligations (4) the attitudes of government officials should be adjusted to be in line with the rule of law and the principles of human rights.

2) As for how to improve the security law system, we would like to propose to prescribe the rule of law and human rights in the Constitution, in order to create the highest level of legal security. 

3) There should be a mechanism to examine procedural balancing  systematically, i.e. (1) to give the legislative body the power to examine and balance the consideration and judgment of the administration on the emergency situation(2) let the extension of duration of the emergency situation to be dependent on the power of the legislative body (3) while using special power by the security law, the court should have the power to control and examine, and (4) to have the government officials take their  civil, criminal and administrative liability.