Exercise of Rights and Freedoms in Public Assembly under the Law on Public Assembly

Abstract

This independent research applies the documentary research method. The objective of this study were: 1) to study the background, concepts, theory, and principles of public assembly, 2) to study the provisions of law relating to exercise of rights and freedoms of assembly in Thailand and Federal Republic of Germany, 3) to analyze problems of exercising rights and freedoms in public assembly under Public Assembly Act 2558 (2015), and 4) to suggest to modify or revise the provisions of law on public assembly to be more effective.

The results of the study found that, firstly, natural laws are universal above man-made laws and the constitution guarantees rights and liberties as the highest priority for government organizations and citizens to be respected and protected. Secondly Federal Republic of Germany, the acknowledgment of the right to freedom of public assembly is a fundamental right in democratic governance in the basic law. However in Thailand, the details of the legal provisions of the public assembly law facilitates the exercise of the discretion of the officials to obstruct the exercise of rights and the integrity of the public assembly. Thirdly, the right to freedom of assembly of citizens is limited by vague statutory provisions. Fourthly, the provisions of the law must be clear so that officials involved in public assembly must strictly interpret the provisions. Therefore, it is appropriate to amend the Public Assembly Act B.E. 2558 (2015), as follows:  1) definition of assembly manager, 2) Responsibilities of the assembly manager, and 3) protection of lawful banning public gatherings.