DEVELOPING LAWS TO PROMOTE THE DUTY OF THAI CITIZENS TO DEFENSE THE COUNTRY ACCORDING TO PROVISIONS OF THE CONSTITUTION OF THE KINGDOM OF THAILAND B.E. 2560

Abstract

This research article aimed to: 1. study and analyze the problems, obstacles, and legal limitations in promoting the duties of the Thai people in national defense under the Constitution of the Kingdom of Thailand B.E. 2560 (2017); 2. examine legal measures in Thailand and foreign countries concerning the promotion of citizens’ duties in national defense; and 3. propose guidelines for legal development to promote such duties. This study employed a qualitative research methodology. The key informants consisted of 20 in-depth interviewees and 9 participants in a focus group discussion. The research instruments were semi-structured in-depth interview forms and focus group discussion guidelines. The data were analyzed through descriptive analysis and relational analysis based on relevant conceptual, theoretical, and legal frameworks.

The research findings revealed that:  1. the promotion of the duties of the Thai people in national defense remains limited by the gap between constitutional provisions and implementing laws. The existing laws still emphasize military service and compulsory manpower recruitment rather than providing opportunities for public participation in security affairs. This has raised concerns regarding the rule of law, equality, proportionality, the capacity to respond to new forms of threats, as well as the lack of incentive measures and clear mechanisms for cultivating civic consciousness. 2. Legal measures in Thailand and foreign countries indicate that Thailand should move from the traditional conscription system toward a mixed national service system by opening various channels for public participation, such as military service, reserve forces, and security volunteers, in accordance with the Thai context. and 3. The guidelines for legal development should adopt the CPILB Model as a key framework, consisting of adherence to constitutional duties, the expansion of diverse channels for participation, the creation of incentives and support mechanisms, the protection of rights and legal fairness, and the integration of the Five Bala principles to strengthen civic consciousness in national security. These elements would enable national defense to become a concrete shared mission of the state and the people.