Freedom of Religion in Thailand - Status of Religious Freedom - Legal and Policy Framework

Legal and Policy Framework

See also Chularatchamontri

The law provides for freedom of religion, and the government generally respected this right in practice; however, it restricted the activities of some groups. On September 19, 2006, in a bloodless coup d'état, the military overthrew the government and repealed the constitution. On October 1, 2006, the military coup leaders promulgated an interim constitution, established an interim government, and convened a Constitutional Drafting Assembly to draft a new constitution. Legal experts maintained that the interim constitution incorporates by reference many of the civil rights and protections contained in the 1997 constitution. The repealed 1997 constitution required that the monarch be a Buddhist. This provision was retained in the April 2007 first draft of the country's next constitution. The state religion in effect is Theravada Buddhism; however, it is not officially designated as such. During the reporting period, some Buddhist organizations called for the designation of Buddhism as the state religion in the new draft constitution, but as of June 2007 such a provision had not been included.

The repealed 1997 constitution stated that discrimination against a person on the grounds of "a difference in religious belief" shall not be permitted. The September 2006 interim constitution appears to retain by reference this prohibition against discrimination, and it has been included explicitly in the April 2007 draft constitution. There was no significant pattern of religious discrimination during the period covered by this report.

The repealed 1997 constitution and the interim constitution by reference provided for, and citizens generally enjoyed, a large measure of freedom of speech; however, laws prohibiting speech likely to insult Buddhism remain in place. The 1962 Sangha Act specifically prohibits the defamation or insult of Buddhism and the Buddhist clergy. Violators of the law could face up to 1 year imprisonment or fines of up to $5,800 (188,000 baht). The Penal Code prohibits the insult or disturbance of religious places or services of all officially recognized religions.

The government plays an active role in religious affairs. The RAD, which is subordinate to the Ministry of Culture, registers religious organizations. Under the provisions of the Religious Organizations Act, the RAD recognizes a new religion if a national census shows that it has at least 5,000 adherents, has a uniquely recognizable theology, and is not politically active. A religious organization must be accepted into an officially recognized ecclesiastical group before the RAD will grant registration. During the reporting period, there were five recognized religious groups: Buddhists, Muslims, Brahmin-Hindus, Sikhs, and Catholics. Four Protestant groups are recognized as subgroups of the Catholics. Government registration confers some benefits, including access to state subsidies, tax-exempt status, and preferential allocation of resident visas for organization officials. However, since 1984 the government has not recognized any new religious groups. In practice, unregistered religious organizations operated freely, and the government's practice of not recognizing any new religious groups did not restrict the activities of unregistered religious groups.

The repealed 1997 constitution required the government "to patronize and protect Buddhism and other religions." The September 2006 interim constitution appears to retain by reference this protection for religion, and it has been included explicitly in the April 2007 draft constitution. The state subsidizes activities of the three largest religious communities (Buddhist, Islamic, and Christian). The government allocated approximately $92.6 million (3 billion baht) during fiscal year 2007 to support the National Buddhism Bureau, which was established in 2002 as an independent state agency. The office oversees the Buddhist clergy and approved the curricula of Buddhist teachings for all Buddhist temples of educational institutions. In addition, the bureau promotes the Buddhist faith by sponsoring educational and public relations materials on the faith and practice in daily life.

For fiscal year 2006 the government, through the RAD, budgeted $950,000 (30.8 million baht) for Islamic organizations and $88,000 (2.85 million baht) for Christian, Brahman-Hindu, and Sikh organizations.

The budgets for Buddhist and Muslim organizations included funds to support Buddhist and Muslim institutes of higher education, fund religious education programs in public and private schools, provide daily allowances for monks and Muslim clerics who hold administrative and senior ecclesiastical posts, and subsidize travel and health care for monks and Muslim clerics. Also included is an annual budget for the renovation and repair of Buddhist temples and Muslim mosques, the maintenance of historic Buddhist sites, and the daily upkeep of the central mosque in Pattani. Other registered religious groups can request government support for renovation and repair work but do not receive a regular budget to maintain religious buildings, nor do they receive government assistance to support their clergy. In 2007 the government budgeted approximately $580,000 (18.8 million baht) for the restoration of religious buildings of religious groups, of which $362,000 (11.7 million baht) was allotted for the Muslim community, $145,000 (4.7 million baht) for the Christian, Brahmin-Hindu, and Sikh communities, and $73,000 (2.4 million baht) for special projects of all communities. Private donations to registered religious organizations are tax deductible.

Religious instruction is required in public schools at both the primary and secondary education levels. The Ministry of Education has formulated a course called "Social, Religion, and Culture Studies," which students in each grade study for one to two hours each week. The course contains information about all of the recognized religions in the country. Students who wish to pursue in-depth studies of other religions or of their belief may study at the religious schools and can transfer credits to the public school. Schools, working in conjunction with their local school administrative board, are authorized to arrange additional religious studies courses. The Supreme Sangha Council and the Central Islamic Committee of Thailand have created special curricula for Buddhist and Islamic studies.

There are a variety of Islamic education opportunities for children. Tadika is an after-school religious course for children in grades one through six, which is under the supervision of the RAD, except for the three southern provinces of Narathiwat, Yala, and Pattani, where the courses were supervised by the Ministry of Education. The education generally takes place in a mosque. According to government statistics, as of April 2007 there were 1,618 registered Islamic Religious and Moral Education centers teaching Tadika in the 3 southern provinces, with 170,989 students and 5,749 teachers. In the remainder of the country, the RAD registered 994 centers, with 110,783 students and 2,693 teachers. For secondary school children, the Ministry of Education allows two separate curricula for private Islamic studies schools. The first type teaches only Islamic religious courses. As of April 2007 there were 107 schools with 2,044 students and 277 teachers using this curriculum in the 3 southern provinces. The Government registers but does not certify these schools, and students from these schools cannot continue to any higher education within the country. The number of this type of school declined because students opted to attend schools that afford alternatives for higher education. The second curriculum teaches both Islamic religious courses and traditional state education coursework. As of April 2007, 144 schools with 72,618 students used this curriculum in the 3 southern provinces. The government recognizes these private schools, and graduating students can continue to higher education within the country. A third type of Islamic education available, mostly in the southern part of the country, is that provided by traditional, privately operated religious day schools, known as pondok schools. As of April 2007, there were 328 registered pondok schools primarily in Pattani, Yala, and Narathiwat Provinces. Previously, these religious schools were not required to register with the Government and received no government oversight or funding. The registration effort began in April 2004 following an attack on a military post and arms depot in Narathiwat in January 2004. Government investigations into that incident led the authorities to pursue suspects associated with pondok schools. The total number of pondoks is still unknown. Sources believed that there could be as many as 1,000.

The government actively sponsors interfaith dialogue. The abrogated 1997 constitution required the state to "promote good understanding and harmony among followers of all religions." This language was included in the April 2007 draft constitution. The government funds regular meetings and public education programs. These programs included the RAD annual interfaith meeting for representatives and members of all religious groups certified by RAD. The programs also included monthly meetings of the 17 member Subcommittee on Religious Relations, located within the Prime Minister's National Identity Promotion Office (the subcommittee is composed of one representative from the Buddhist, Muslim, Roman Catholic, Hindu, and Sikh communities in addition to civil servants from several government agencies). The RAD held an interfaith event focusing on religious youth from June 26–28 in Chonburi Province, just outside of Bangkok. Approximately 250 youth from across the country attended. In July 2006 the RAD organized another interfaith convention in Surat Thani, which had approximately 1,000 participants. The RAD sponsored a public relations campaign promoting interreligious understanding and harmony, including prime-time television announcements. However, a continuing separatist insurgency by militant ethnic Malay Muslims in the southernmost provinces led to concerns that the violence may be contributing to increased tensions between the local Buddhist and Muslim communities.