Protection Under the Constitution

[PeteC]

Below are sections 5 and 30 from the Thai Constitution. The wording for these sections is basically the same in both the 1997 and 2007 Constitutions.

As can be seen in Section 5, only Thai people can enjoy protection under the Constitution. However, there is a move afoot by some Thai attorneys to assure that foreigners in the Kingdom are protected under Section 30. I don't know how far they'll get but at least someone is trying.

As it stands now, I as the Father of a Thai citizen can be hauled out of bed with no warrant and detained on the whim of any police officer. I'm made to report my movements like a criminal as seen in our 24 hour thread, and in a nutshell have no rights whatsoever except those which I can buy. Pete



Section 5. The Thai people, irrespective of their origins, sexes or religions, shall enjoy equal protection under this Constitution.

Section 30. All persons are equal before the law and shall enjoy equal protection under the law.

Men and women shall enjoy equal rights.

Unjust discrimination against a person on the grounds of the difference in origin, race, language, sex, age, disability, physical or health condition, personal status, economic or social standing, religious belief, education or constitutionally political view, shall not be permitted.

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.

[PeteC]

Here are links to translations of both the 2007 and 1997 Constitutions. Pete

http://www.asianlii.org/th/legis/const/2007/1.html

http://www.asianlii.org/th/legis/const/1997/1.html

[margaretcarnes]

That's interesting and particularly relevant at the moment in view of everything else going on.
Must admit I haven't been following the 24 hour reporting thread - but will catch up on it now.
A few initial thoughts though - first - will section 30 apply equally to those Burmese/Cambodians and Loatians currently facing the expiry of work visas? Will they also be subject to 24 hour reporting I wonder?
Will Section 30 also apply to any (otherwise legal) expats found to be 'profiting' from bar fines? This one I think is unlikely if the authorities apply the crackdown equally to farang and Thai run premises alike.
Is it possible that 24 hour reporting is actually intended to keep track of expats for their own safety? Seems a little far fetched I know, but with Red Rumblings.....
And lastly 'unjust descrimination... shall not be permitted' sounds fine - except that if the law allows for things like 24 hour reporting, or indeed any other forms of what we would see as descrimination against foreigners, such as land ownership for example, then surely the meaning of 'unjust' becomes a point of law.

[PeteC]

It's really not the old 24 hour thread anymore Mags. It's the below which includes the 24 hour issue. Pete

http://www.huahinafterdark.com/forum/vi ... 262#159262

[charlesh]

Looks like the tooth fairy is alive and well in the constitution. Almost Orwellian in it's derivation.
IMO the law inclusive of the Westminster system provides protection for the wealthy and the privileged. You try taking on city hall or 1 of the elite without a bag of $'s and see how far you go!

Pretty words written by well meaning people that are not practiced in reality.

[Lung Per]

Contact your embassy in Bangkok and see if it can take this up with the host government as a discriminatory issue. It should, but I doubt very much if it will. Takes a real lot of pressure - but then again, if a sufficient number of people make an address, it just might.....

[nevets]

So are you saying under section 30 i should in law be treated in the same way a Thai would be treated , this is good is it not , but i doubt the authorities would see it that way .
One would have to have a solicitor act for you i think , spouting the law yourself would fall on deaf ears.

[richard]

I have an experience to relate.

When moved to Isaan the MIB knew and questioned a friend of mine about my motives.

Scary really as you are clearly tracked.

Still do not know how they knew

[caller]

I Still do not know how they knew

Village policeman / headman?

In the wifes village, pa-in-law is the local bobby!

But only since it carried a small salary.

[richard]

Didnt think of that Caller. Know the village headman and the local police

[STEVE G]

If it's like my partners village, they want to know your motive for being there as in, 'If you've got a house to use in Hua Hin, what the hell do you want to come to this back-water for?'

[margaretcarnes]

Contact your embassy in Bangkok and see if it can take this up with the host government as a discriminatory issue. It should, but I doubt very much if it will. Takes a real lot of pressure - but then again, if a sufficient number of people make an address, it just might.....

That sounds good in theory LungPer - but I'm not sure the Embassies have that kind of remit. No doubt the ambassadors move in the right circles to discuss things informally though, which might be a start.
Also the number of expats actually registered with their embassies is probably quite small. Difficult to get an accurate picture unless every embassy would give figures by town/Province, to compare with what is always only a best guess of the actual expat population anyway - because they don't register! Vicious circle.
That said (and Immigration aside) I would bet the MIB hold the most accurate expat figures - as Richard found in Issan. Never assume expats go around unnoticed anywhere in LOS. They stick out like sore thumbs

[Takiap]

Well, considering that Thais aren't even protected by the constitution, I can't imagine we'll ever be. Of course it doesn't bother me because in this day and age I doubt there are many people anywhere that can rely on their country's constitution in terms of protection. With that said, I thinks there's actually less need for protection here in Thailand that in certain western countries. Let's face it, apart from the visa hoops one has to jump through, we're pretty much left to our own devices. Of course it's bound to change with time but by then I'll be long forgotten.

Ten years in LOS without protection and still loving it.............