PROBLEMS WITH CIVIL RIGHTS FRAMEWORK STANDARDS AND MILITARY CONSCRIPTION IN THAILAND

Abstract

This research aimed to : 1) to examine issues surrounding the protection of citizens' rights and freedoms under a democratic regime as stipulated by the Military Service Act of 1954; 2) to conduct a comparative study of the protection of citizens' rights and freedoms in relation to military conscription in the United States, the Russian Federation, and the French Republic; and 3) to propose recommendations for improving the military conscription system in Thailand under the principles of the Military Service Act of 1954. The study findings are as follows: 1) The enforcement of military conscription on certain Thai males during peacetime results in the restriction of personal and professional freedom, leading to the loss of human resources from the national economy.  2) A comparison of conscription laws in the United States, the Russian Federation, and the French Republic reveals that while all three countries have legislation on military conscription and provisions for conscientious objection, only the Russian Federation still enforces mandatory conscription. 3) It is recommended that regulations and penalties be introduced to prevent conscripted soldiers from being assigned as servants, and that the rights and welfare of conscripted soldiers be made equivalent to those of career soldiers. Peacetime conscription should be halted, and the military profession should be a voluntary career, akin to other public service roles. Additionally, there should be a constitutional provision allowing for conscientious objection, stating that "No civilian shall be forced to serve as a soldier or perform labor, except in times of war or invasion by a national enemy, when civilians may be conscripted temporarily under a declaration issued by the Prime Minister with the approval of the House of Representatives." Moreover, alternatives to military service, such as public service activities, should be offered.