Declarations and Reservations
(Unless otherwise indicated, the declarations and reservations were made upon ratification, accession or succession.
For objections thereto and declarations recognizing the competence of the Human Rights Committee under article 41, see hereinafter.)

Thailand 41

Interpretative declarations:

       "The Government of Thailand declares that:

       1. The term "self-determination" as appears in article 1, paragraph 1, of the Covenant shall be interpreted as being compatible with that expressed in the Vienna Declaration and Programme of Action, adopted by the World Conference on Human Rights on 25 June 1993.

       2. [Withdrawn]

       3. [Withdrawn]

       4. With respect to article 20 of the Covenant, the term "war" appearing in paragraph 1 is understood by Thailand to mean war in contravention of international law."

Notifications under Article 4 (3) of the Covenant (Derogations)
(Taking into account the important number of these declarations, and in order not to increase excessively the number of pages of the present publication, the text of the notifications has in some cases, exceptionally, been abridged. Unless otherwise indicated, when the notification concerns an extension, the said extension affects those articles of the Covenant originally derogated from, and was decided for the same reasons. The date on the right hand, above the notification, is the date of receipt.)
Thailand

14 April 2010


       “[...] pursuant to Paragraph 3 of Article 4 of the International Covenant on Civil and Political Rights (ICCPR), and has the honour to inform [...] that the Royal Thai Government has declared a severe emergency situation in the areas of Bangkok; Nonthaburi Province; Muang, Bang Phli, Phra Pradang, Phra Samut Chedi, Bang Boh and Bang Sao Thong Districts, Samut Prakan Province; Thanyaburi, Lad Lumkaew, Sam Kok, Lam Luk Ka and Khlong Luang Districts, Pathumthani Province; Phutthamonthon District, Nakhon Pathom Province; and Wang Noi, Bang Pa-in, Bang Sai and Lat Bua Luang Districts, Ayutthaya Province, since 7 April 2010.

       The Declaration of a Severe Emergency Situation was promulgated by Mr. Abhisit Vejjajiva, Prime Minister of Thailand, in accordance with Sections 5 and 11 of the Emergency Decree on Public Administration in Emergency Situations B.E. 2548 (2005), as well as Section 29 in conjunction with Sections 32, 33, 34, 36, 38, 41, 43, 45 and 63 of the Constitution of the Kingdom of Thailand, to deal effectively with the actions of a group of persons that caused grave disturbances and led to disorder in certain parts of the country.  The Emergency Decree was invoked in order to quickly resolve and put an end to the situation of turmoil as well as to restore normalcy in the country.

       In light of the above-mentioned reasons, the Royal Thai Government has exercised its right to derogation under Paragraph 1 of Article 4 of the Covenant, specifically in relation to its obligations under Articles 12 (right to liberty of movement), 19 (freedom of expression and freedom of the press) and 21 (right of peaceful assembly) of the Covenant for the duration of the Emergency Situation in the aforementioned areas.

       The Permanent Mission would further like to inform [..] that the non-derogable rights as set forth in Articles 6, 7, 8 (paragraphs 1 and 2), 11, 15, 16 and 18 of the Covenant, which are guaranteed by the Constitution of the Kingdom of Thailand, have been kept intact.

       [...]"

9 February 2011


       “The Permanent Mission of Thailand to the United Nations presents its compliments to the Secretary-General of the United Nations and, with reference to the former’s Note no. 56101/242 dated 14 April 2010, has the honour to inform the latter that the Royal Thai Government has lifted the declaration of a severe emergency situation as referred to in the above-mentioned Note and that, in accordance with Paragraph 3 of Article 4 of the International Covenant on Civil and Political Rights (ICCPR), any and all derogations of rights covered under the Covenant made pursuant to the said declaration have been terminated effective as of 22 December 2010.

       The Permanent Mission would therefore appreciate it if the Secretary-General could notify other States Parties to the Covenant of the foregoing information as required by Article 4 of the Covenant.”

28 January 2014


       The Permanent Mission of Thailand to the United Nations presents its compliments to the Secretary-General of the United Nations and, pursuant to Paragraph 3 of Article 4 of the International Covenant on Civil and Political Rights (ICCPR), has the honour to inform the latter that the Royal Thai Government has declared a severe emergency situation in the areas of Bangkok; Nonthaburi Province; Lad Lumkaew District, Pathumthani Province; and Bang Phli District, Samut Prakan Province, since 22 January 2014.

       The Declaration of a Severe Emergency Situation was promulgated by Ms. Yingluck Shinawatra, Prime Minister of Thailand, in accordance with Sections 5, 6 and 11 of the Emergency Decree on Public Administration in Emergency Situation B.E. 2548 (2005) as well as Section 29 in conjunction with Sections 32, 33, 34, 36, 38, 41, 43, 45 and 63 of the Constitution of the Kingdom of Thailand, to deal effectively with the actions of a group of persons that caused grave disturbances and led to disorder in certain parts of the country. The Emergency Decree was invoked in order to quickly resolve and put an end to the situation of turmoil as well as to restore normalcy in the country.

       In light of the above-mentioned reasons, the Royal Thai Government has exercised its right of derogation under Paragraph 1 of Article 4 of the Covenant, specifically in relation to its obligations with regards to the right to liberty of movement under Article 12, the right to freedom of expression under Article 19, and the right of peaceful assembly under Article 21 of the Covenant for the duration of the Emergency Situation in the aforementioned areas.

       The Permanent Mission wishes to further inform the Secretary-General that the non-derogable rights as set forth in Articles 6, 7, 8 (paragraphs 1 and 2), 11, 15, 16 and 18 of the Covenant, which are guaranteed by the Constitution of the Kingdom of Thailand, have been kept intact.

       The Permanent Mission is forwarding herewith a copy of the unofficial translation of the Declaration of a Severe Emergency Situation of 21 January 2014 and would appreciate it if the Secretary-General could notify other States Parties to the Covenant of the foregoing information as required by Article 4 of the Covenant.

20 March 2014


       "The Permanent Mission of Thailand to the United Nations presents its compliments to the Secretary-General of the United Nations and, with reference to the former's Note No. 56101/50 dated 28 January 2014, informing the latter of the declaration of a severe emergency situation in certain areas of the country, has the honour to inform the latter that the Royal Thai Government has lifted the declaration as referred to in the above-mentioned Note and that, in accordance with Paragraph 3 of Article 4 of the International Covenant on Civil and Political Rights (ICCPR), any and all derogations of rights under the Covenant made pursuant to the said declaration have been terminated, effective as of 19 March 2014.

       The Permanent Mission would therefore appreciate it if the Secretary-General could notify other States Parties to the said Covenant of the above information as required by Article 4 of the Covenant."

8 July 2014


       “The Permanent Mission of Thailand to the United Nations presents its compliments to the Secretary-General of the United Nations and, with reference to Article 4 of the International Covenant on Civil and Political Rights (ICCPR), has the honour to inform the latter that Martial Law has been invoked throughout the Kingdom of Thailand on 20 May 2014 at 03.00 hrs. by the Commander-in-Chief of the Royal Thai Army, in accordance with the Martial Law Act B.E. 2457 (1914), to ensure an effective maintenance of peace and order, solely on the grounds of affording vital national security protection.

       In this regard, the Kingdom of  has exercised its right of derogation under Paragraph 1 of Article 4 of the ICCPR, specifically in relation to its obligation under: Article 12 (1), by the announcement of a curfew which was lifted on 13 June 2014; Article 14 (5), only where a jurisdiction has been conferred to the Martial Court over Sections 107-112 of the Penal Code and the offences against the internal security of the Kingdom; Article 19, by the prohibition of broadcasting or publishing certain content, particularly those inciting conflict and alienation in the society, false or provoking messages, and Article 21, by the limitation of political gathering. These restrictions are under constant review and are progressively lifted.

       The Permanent Mission would further like to inform the Secretary-General that the nonderogable rights as set forth in Articles 6, 7, 8 (paragraphs 1 and 2), 11, 15, 16 and 18 of the Covenant have not been affected."

24 December 2019


       The Secretary-General received from the Government of Thailand a notification dated 3 October 2019, made under article 4 (3) of the above Covenant, regarding the termination of the derogations of rights covered under the ICCPR referred to in its note no. 56101/672 of 3 July B.E. 2557 (2014). Subsequently, on 24 December 2019, Thailand notified that the said termination has been effective since 16 July B.E. 2562 (2019), as per Royal Decree Announcement dated 1 April B.E. 2558 (2015) and Head of NCPO Order no. 9/2562 dated 9 July B.E. 2562 (2019).

       (See C.N.629.2019.TREATIES-IV.4 of 27 December 2019 for the text of the notification.)

5 June 2020


       The Secretary-General received from the Government of Thailand a notification dated 4 June 2020, made under article 4 (3) of the above Covenant, regarding the declaration on 25 March 2020 of an emergency situation in all areas of the Kingdom of Thailand which took effect from 26 March to 30 April 2020 and which was extended until 31 May 2020 and 30 June 2020, respectively.

       (See C.N.194.2020.TREATIES-IV.4 of 15 June 2020 for the text of the notification.)

3 April 2023


       The Secretary-General received from the Government of Thailand notification of extensions and termination of the state of emergency, dated 3 April 2023, declared by declaration issued on 25 March 2020 until 30 September 2022.

       (See depositary notification C.N.104.2023.TREATIES-IV.4 of 11 April 2023 (Notification under article 4 (3))