MOU44 opposers not trying to overthrow Thai government, says charter court

The court dismissed a petition against groups protesting the contentious Thai-Cambodian pact, ruling that their actions fell within the freedom of expression

The Constitutional Court on Tuesday unanimously dismissed a petition filed by Niyom Nopparat, which sought a ruling on whether the actions of seven civil society groups opposing the 2001 Thai-Cambodian memorandum of understanding (MOU44) on the overlapping continental shelf constituted an exercise of rights and freedoms to overthrow the government. 

The petition was submitted to the Office of the Attorney General (OAG) on January 3 and again on January 13, arguing that the group’s activities were intended to incite public protests, potentially leading to unrest beyond the government’s control. Niyom also claimed that the unrest could create conditions that might pave the way for a military-led coup to overthrow the government. The OAG reviewed the petition and found that the claims and relevant documents lacked sufficient grounds, and decided not to proceed with the request. Subsequently, Niyom took his petition to the Constitutional Court, seeking an order for the seven groups to cease their activities. However, after deliberation, the court ruled that the facts and evidence presented were not enough to prove that the movement aimed to overthrow the government. The court also stated that opposing the MOU44 falls under the consitutitonal right to scrutinise and criticise the government, as part of the freedom of expression. Hence, the petition was dismissed.

(2025/02/25-00:00)