CIVICUS discusses Thailand’s new NGO bill with a legal advisor from the Asia and the Pacific programme of the International Center for Non-Profit Law (ICNL), an organisation working to improve the legal and digital environment for civil society.

The draft Act on Associations and Foundations, which is currently under review, mandates registration for all civil society organisations (CSOs), imposes strict reporting requirements and severe penalties for non-compliance, allows for unannounced inspections and grants the government broad powers to dissolve CSOs on vague grounds of public morality or public order. These provisions have been reinstated from an earlier draft, despite widespread opposition. Civil society is concerned that the law, if passed, will be used to stifle legitimate dissent.

What are the most worrying provisions of the draft NGO law?

The draft Act on Associations and Foundations contains concerning provisions that do not meet international standards on freedom of association. One of the biggest concerns is the requirement for all CSOs to register, with criminal penalties for those that don’t comply. Best practice suggests that registration should be voluntary. The imposition of criminal penalties against unregistered organisations is contrary to international standards.

The draft law also gives the government sweeping powers over CSOs, placing them under the control of the Ministry of the Interior. This opens the door to intrusive inspections and onerous reporting requirements, and allows the government to close down CSOs for minor administrative errors. Under international law, CSOs are entitled to the same privacy and protection from interference as other private organisations, with dissolution allowed only in extreme cases of serious violations of the law. The bill ignores these principles, leaving CSOs vulnerable to government overreach.

Do you see this bill as part of a wider pattern of civic space restriction?

Yes, this bill is part of a wider global trend of governments cracking down on civil society through restrictive legislation. Since 2019, the ICNL has documented 315 legal measures targeting civil society in 81 countries with around 85 per cent of them being restrictive and only 15 per cent supportive.

Governments often justify these laws on the grounds that they’re necessary to combat money laundering or terrorist financing. But the Financial Action Task Force (FATF) recommends a risk-based approach that doesn’t interfere with legitimate civil society activities. Ignoring these guidelines can put governments out of compliance with FATF standards.

Civil society still has tools to fight back. Direct engagement with officials can sometimes lead to changes or delays in restrictive legislation. When dialogue fails or is not possible, CSOs can turn to international allies such as the United Nations (UN) or regional organisations to apply external pressure. Public campaigns, media work and peaceful protests are also powerful tools to raise awareness and build support against such measures.

How can the international community support Thai civil society?

The best way for the international community to help is by listening to Thai civil society to understand what it needs. Local organisations know the challenges they face and what kind of support will be most effective. International allies can use global platforms such as the UN to amplify their concerns and raise the profile of the issue and spread the word through the media.

Diplomatic pressure from other governments can also help push for better, fairer laws, while grants and resources can empower local organisations to continue their advocacy. It’s important that any support is provided in partnership with local groups to ensure it respects their priorities and effectively strengthens their work.