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Thailand

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution states that all persons are equal before the law regardless of religious belief and allows all persons to profess, observe, or practice any religion of their choice as long as the exercise of these freedoms is not “harmful to the security of the State.” The constitution empowers the state to patronize and protect Buddhism as well as other religions, but it also provides for special promotion of Theravada Buddhism through education, propagation of its principles, and the establishment of measures and mechanisms “to prevent the desecration of Buddhism in any form.”

A special order issued by the former military government in 2016 and still in effect guarantees the state’s promotion and protection of “all recognized religions” in the country but mandates all state agencies to monitor the “right teaching” of all religions to ensure they are not “distorted to upset social harmony.” A law specifically prohibits the defamation or insult of Buddhism and Buddhist clergy. Violators may face up to one year’s imprisonment, fines of up to 20,000 baht ($670), or both. The penal code prohibits the insult or disturbance of religious places or services of all officially recognized religious groups. Penalties range from imprisonment for one to seven years, a fine of 20,000 to 140,000 baht ($670-$4,700), or both.

The law officially recognizes five religious groups: Buddhists, Muslims, Brahmin-Hindus, Sikhs, and Christians. While there is no official state religion, the constitution continues to require the king to be Buddhist and declares he is the “upholder of religions.”

Religious groups associated with one of the five officially recognized religions may register to receive state benefits that include access to state subsidies, exemption from property and income taxes, and preferential allocation of resident visas for the registered organization’s foreign officials. Registration as a religious group is not mandatory, and religious groups may still operate without government interference whether or not they are officially registered or recognized. Under the law, the RAD is responsible for registering religious groups, excluding Buddhist groups, which is overseen by the National Buddhism Bureau, an independent state agency under direct supervision of the prime minister.

The RAD may register a new religious denomination outside one of the five recognized religious groups only if it meets the following qualifications: the national census indicates the group has at least 5,000 adherents, it possesses a uniquely recognizable theology, it is not politically active, and it obtains formal approval in a RAD-organized meeting of representatives from the concerned ministries and the five recognized umbrella religious groups. To register with the RAD, a religious group’s leader also must submit documentation on its objectives and procedures, any relationship to a foreign country, a list of executive members and senior officials, and locations of administrative, religious, and teaching sites. As a matter of policy, however, the government will not recognize any new religious groups outside the five umbrella groups.

The constitution prohibits Buddhist priests, novices, monks, and other clergy from voting in an election, running for seats in the House of Representatives or Senate, or taking public positions on political matters. According to the National Buddhism Bureau, as of August there were 252,851 clergy who are thus ineligible to vote or run for office. Christian clergy are prohibited from voting in elections if they are in formal religious dress. Except for the chularatchamontri (grand mufti), imams are not regarded as priests or clergy and are thus allowed to vote in elections and assume political positions.

The Sangha Supreme Council serves as Thai Buddhism’s governing clerical body. The king has authority to unilaterally appoint or remove members from the Sangha Supreme Council irrespective of the monk’s rank and without consent or consultation with the supreme patriarch, whom the king also has legal authority to appoint.

The law requires religious education for all students at both the primary and secondary levels; students may not opt out. The curriculum must contain information about all of the five recognized umbrella religious groups. More instruction time is dedicated to teaching Buddhism than other religions. Students who wish to pursue in-depth studies of a particular religion may study at private religious schools and may transfer credits to public schools. Individual schools, working in conjunction with their local administrative boards, are authorized to arrange additional religious studies courses. There are two private Christian universities and one Catholic-run college, which provide religious instruction open to the public. There are approximately 350 Catholic- and Protestant-run primary and secondary schools, whose curricula and registration the Ministry of Education oversees. The Sangha Supreme Council and the Central Islamic Committee of Thailand create special curricula for Buddhist and Islamic studies required in public schools, respectively.

The Central Islamic Council of Thailand, whose members are Muslims appointed by royal proclamation, advises the Ministries of Education and Interior on Islamic issues. The government provides funding for Islamic educational institutions, the construction of mosques, and participation in the Hajj. There are several hundred primary and secondary Islamic schools throughout the country. There are four options for students to obtain Islamic education in the Deep South: government-subsidized schools offering Islamic education with the national curriculum; private Islamic schools that may offer non-Quranic subjects such as foreign languages (Arabic and English) but whose curriculum may not be approved by the government; private Islamic day schools offering Islamic education to students of all ages according to their own curriculum; and after-school religious courses for children in grades one through six, often held in mosques.

The Ministry of Justice allows the practice of sharia as a special legal process outside the national civil code for Muslim residents of the Deep South for family law, including inheritance. Provincial courts apply this law, and a sharia expert advises the judge. The law officially lays out the administrative structure of Muslim communities in the Deep South, including the process of appointing the chularatchamontri, whom the king appoints as the state advisor on Islamic affairs.

The RAD sets a quota for the number of foreign missionaries permitted to register and operate in the country: 1,357 Christian, six Muslim, 20 Hindu, and 41 Sikh. Registration confers some benefits, such as longer visa validity. Representatives of the five officially recognized religious groups may apply for one-year visas that are renewable. Foreign missionaries from other religious groups, as well as foreign staff and volunteers at secular NGOs, must renew their visas every 90 days.

The country is a party to the International Covenant on Civil and Political Rights.

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U.S. Department of State

The Lessons of 1989: Freedom and Our Future