The rule of law is a fundamental principle of a society governed by laws that civilized nations strictly adhere to. A society with a strong rule of law is reflected through the functioning of the state and the interactions of its citizens in accordance with the law. When the laws originate from a legitimate and just process, there is a clear and equitable enforcement mechanism, leading to certainty and predictability. For Thailand, the concept of the rule of law has been embraced for a long time. It led to the drafting of the Constitution of the Kingdom of Thailand B.E. 2540 (1997) or the ‘People’s Constitution’. The constitution distinctly enshrined a chapter on the protection of people’s rights and freedoms which led to creation of new mechanisms to monitor and protect people’s rights and freedoms. Additionally, the protection of people’s rights and freedoms were included as the primary jurisprudence in several articles of the current Constitution.
Currently, the rule of law has been recognized globally as it has been endorsed as one of the Sustainable Development Goals (SDGs), being both a goal in itself (Goal Number 16: Peace, Justice, and Strong Institution) and a necessary enabling factor for achieving other goals. Furthermore, the relation between the rule of law and a country’s economic competitiveness has become more evident. The measurement of competitiveness by several world-class institutions, such as the IMD World Competitiveness Index, not only considers the economic performance but also encompasses political stability, effectiveness of key national institutions, government efficiency, and social vulnerability dimensions. These issues directly impact the confidence of both Thai and foreign businessmen and investors. Thus, as Thailand intends to escape the label of ‘Middle-Income Trap’ country, it must prioritise the restoration of the rule of law. The current government, under the leadership of Prime Minister Mrs Paetongtarn Shinawatra, has declared an urgent agenda to restore the confidence of both Thais and foreigners by strengthening and stabilizing democracy along with enhancing transparency and the rule of law in Thailand.
In addition, promoting a strong rule of law will be a significant support for Thailand as it is undergoing an accession process in becoming a member country of the Organization for Economic Co-operation and Development (OECD). The Thai government has expressed its intention to apply for membership on April 16, 2024 with an aim to enhance Thailand’s recognition on the global state. Thailand will need to be evaluated based on the Framework for the Consideration of Prospective Members, which covers aspects such as legal reforms, investment liberalization, labour rights, media freedom, the perception of corruption, human resource development, bureaucratic reform, law enforcement, and imposition of trade competition law. Together, all of these issues are the outcomes of a society that has a strong rule of law foundation.
However, the assessment of the rule of law in Thailand, as measured by the “Rule of Law” for 2024 conducted by the World Justice Project, which gauges public perception and expert experiences regarding the rule of law in the country, reveals that Thailand ranked 78th in the world out of 142 countries, with a score of 0.50 out of a full score of 1. Thailand scores lower than the global average score of 0.55 and the average score of 0.59 for countries in the Asia-Pacific region. The score reflects that Thailand still has many dimensions to develop to be in line with other countries worldwide, such as preventing corruption, the efficacy of the criminal justice process, and establishing government transparency. These are significant challenges for Thailand that cannot be effectively addressed by the government alone, as the rule of law is not just a matter for legal professionals; it requires the entire societal apparatus and an environment conducive to collaboration from all sectors.
The Thailand Institute of Justice (TIJ) recognizes the importance of a space for the public to participate in designing a society with a people-centered justice, which is the foundation of a strong rule of law. Therefore, TIJ is organizing the ‘Thailand’s Rule of Law Fair: Investing Rule of Law for Sustainable Future (Fair for Fairness)’ to create a space for all sectors to exchange views, present ideas, and analyze to understand justice issues at a structural level in-depth and comprehensively. Additionally, the event will include interactive activities that create enjoyable experiences and make the rule of law relatable and easy to understand. This space will gather a network of practitioners and changemakers committed to driving the changes and achieving justice in Thai society.
