GENEVA, Switzerland (28 May 2025) – The Asian Forum for Human Rights and Development (FORUM-ASIA) expresses concern over the indictment of Thai pro-democracy defender Netiwit Chotiphatphaisal following his public refusal to participate in the military conscription process.
FORUM-ASIA respectfully calls on Thai authorities to ensure that Netiwit’s case is handled with fairness and sensitivity, in full accordance with the law and Thailand’s human rights obligations.
On 22 May 2025, the Samut Prakan Provincial Court accepted the public prosecutor’s indictment against Netiwit under Section 45 of the Military Service Act. Netiwit pleaded not guilty. The court acknowledged his full cooperation throughout the legal process and did not issue a detention order. A witness examination hearing has been scheduled for 9 June 2025.
In his public statement, Netiwit stated that Thailand’s conscription system has long contributed to corruption, abuse, and unchecked military power. He committed to uphold the right to conscientious objection and to help drive long-overdue reform, the essential steps toward a freer society and a more accountable military.
Netiwit has long advocated for the protection of democratic principles and human rights in Thailand. His decision to refrain from military conscription was a personal and peaceful expression of conscience.
What happened
On 5 April 2024, Netiwit appeared at the Bangpoo Municipality Auditorium in Samut Prakan Province, in compliance with his military draft summons.
Rather than participating in the lottery, he publicly read a statement explaining his civil disobedience.
He expressed that compulsory conscription violates human rights principles, is outdated and ineffective, and sustains an undemocratic power structure.
On 8 November 2024, Netiwit reported to Bangpoo Police Station where he was formally charged with “evading or resisting military service” under Section 45 of the Military Service Act. He denied the charges, affirming that his refusal was not an act of evasion but a conscientious objection.
The case file was forwarded to the public prosecutor in early March 2025.
Right to refuse
Thailand’s Military Service Act mandates conscription for all male citizens aged 21 and above.
Individuals who do not volunteer are entered into a lottery system and may be penalized if they decline to participate without exemption. The offence carries a maximum sentence of three years.
Netiwit Chotiphatphaisal affirmed his conscientious objection to military service, in line with protections guaranteed under international law.
According to the International Covenant on Civil and Political Rights, to which Thailand is a State Party, Article 18 upholds the right to freedom of thought, conscience, and religion. The United Nations Human Rights Committee, through its General Comments No. 22 para. 11, affirmed that this includes conscientious objection to mandatory military service and states should offer alternative civilian service options.
Dialogue and respect
Netiwit’s prosecution is taking place within a broader context of shrinking civic space in Thailand.
In recent years, human rights defenders and civil society actors have faced increasing restrictions to engage in peaceful expression, public debate, and social advocacy. Laws intended for public order and security are frequently used to stifle dissenting voices and discourage civic participation.
FORUM-ASIA encourages the international community to closely monitor this case.
Netiwit’s actions reflect a deeply held commitment to peaceful principles and democratic reform. We believe that such voices should not be met with punishment, but with dialogue and respect.
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The Asian Forum for Human Rights and Development (FORUM-ASIA) is a network of 89 member organisations across 23 countries, mainly in Asia. Founded in 1991, FORUM-ASIA works to strengthen movements for human rights and sustainable development through research, advocacy, capacity development and solidarity actions in Asia and beyond. It has consultative status with the United Nations Economic and Social Council, and consultative relationship with the ASEAN Intergovernmental Commission on Human Rights. The FORUM-ASIA Secretariat is based in Bangkok, with offices in Jakarta, Geneva and Kathmandu. www.forum-asia.org
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