The Law of Public Assembly : Equilibrium between the Freedom of Protesters and People
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Abstract
The objectives of this study are: 1) to study the concepts and principles of assembly in public and to undertake comparative study of public assembly law in target countries; 2) to study the context of public assembly in Thai society and compare various Thai groups’ recommendations concerning public assembly law and; 3) to suggest an equilibrium between the freedom of protesters and people. All data were collected from relevant documents and through two group discussions, one arranged in Bangkok and one in Roi Et Province. Target informants were academics, private sector individuals affected by public assembly, NGO personnel, lawyers, and judges. The research found that England, France, Germany, and South Korea have peaceful assembly provisions in their constitutions and laws, but the United States of America does not. Regarding public assembly in Thailand between 1932 and 2014, there are differences in the total number of public assembly. Various groups in Thailand hold differing views on public assembly law: freedom versus control. This study suggests the following measures: 1) there should be public assembly law that provides equilibrium between the freedom of protesters and people. 2) the freedom of assembly is an important principle that shall be guaranteed despite limitation in some cases. 3) the substance of public assembly law should require: that an organiser shall provide information about their demonstration; that duties of the organiser and a person who participates in a public assembly shall be identified; that officials should have authority to stop public assembly and the organizer should be able to appeal and; that the duties of the police and the body of knowledge of public assembly, the dispersal of the public assembly, the public assembly at night, places prohibited to public assembly, and penalty shall be specified
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References
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