ConstitutionNet: Thailand’s post-coup constitution: Draft punked or ‘Once more with feeling’?
Originally published at ConstitutionNet on October 15, 2015 Thailand has to wait for a new constitution as the drafting process is being sent back to the drawing board with an entirely new Committee taking office last week.
Writing constitutions can be a very costly venture. How costly? In the past 10 months, Thailand’s Constitution Drafting Committee (CDC) was busy creating the country’s 20th constitution. The Committee members convened 158 times and accumulated a bill of 85 million Baht ($2.35 million), according to Thai media estimates– the catering alone cost 23.7 million Baht ($655,000). Was it worth it? Probably not. The constitutional draft did not survive the vote in the National Reform Council (NRC) on September 6, as the fully-appointed chamberrejected it with 134 votes to 105 and 7 abstentions. However, that didn’t really hurt Thailand’s military junta. Ruling since the Kingdom’s 12th successful coup in May 2014, the National Council for Peace and Order (NCPO), as the junta officially calls itself, have had a tight grip on the political process. With heightened media monitoring, censorship and arbitrary detainment of dissidents - euphemistically called ”attitude adjustment” - the junta also tries to control the official narrative.
Much Ado About Nothing?
Throughout the constitution drafting exercise, the stakes were incredibly low for the military government. As the Chairman of the NRC’s Legal and Justice Reform Committee has recently summed up: “The CDC is like a cook preparing food for the NRC. The NRC tasted the food and it was found to be not delicious.” On the one hand, a passed draft would have constitutionally enshrined the junta’s ‘reforms’ to the political system, which would have ended up severely restricting the powers of elected officials, be it through a new voting system, a fully appointed senate or several non-elected bodies that could usurp a co-existing, democratically elected government. On the other hand, a failed process buys another six months for the junta to cement its position and develop a draft constitution more to its liking – a win-win for prime minister and junta leader General Prayuth Chan-ocha.
From among several reasons, two stand out why the draft was struck down - sending back the constitution drafting process to its very beginning. First is the controversial late addition of the Committee for Reform Strategy and National Reconciliation to the draft constitution. Dubbed by the media as the ‘Crisis Committee’, it would have established a military-dominated, extra-parliamentary executive panel shadowing the cabinet of ministers that would have intervened during a yet-to-be defined “crisis situation”. The other reason for the rejection is, as with nearly all government bodies since the coup, the NRC had 29 members from either the military or the police force. CDC Chairman Borwornsak Uwanno hinted that all these members voted against the draft because of orders from their superiors – regardless that the whole process was initiated and dominated by the military junta in the first place. Whatever the reasons for orders were, it has definitely played into the hands of the generals. The failed draft vote has now conveniently extended the junta’s rule for at least another half year, as democratic elections are postponed yet again to mid-2017, since the entire constitution drafting process had to be restarted. According to the interim constitution, the drafting process would not only take another six months, but would also require the establishment of an entirely new CDC and National Reform Council.
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ConstitutionNet: Last minute add-on to Thailand’s post-coup constitution: Crisis Committee or the long arm of the military
Originally published at ConstitutionNet on August 31, 2015 “If I were a woman I would fall in love with his excellency.”
Those flattering words were spoken by General Thanasak, until recently Foreign Minister of the Thai military government, who expressed his adoration for the Chinese Premier at an ASEAN security forum in early August. His counterpart, Chinese Foreign Minister Wang Yi, stood next to him looking somewhat embarrassed, not knowing what to say. Some would regard this open adoration as a sign of blooming relations between the two countries. After Thailand’s ties to Western countries soured since its 2014 military coup, it quickly pivoted towards China. The statement regarding the Chinese premier also underlines something else: the desire of the Thai military government to assert a more rigid and streamlined control of governance. Reading between the lines, General Thanasak’s praise for China’s “excellency” also pays regard to its form of governance in general. China’s politburo – the supreme policy-making body of the Communist party overseeing governance – has long been criticized for its level of stricture and unrepresentativeness; yet Thai constitution drafters have openly mooted the idea to implement something similar.
Following the military coup in May 2014, the generals who instigated the movement have been looking to cement their vision of a “reformed” democracy. They preach a system free from corruption, cronyism and imbalance; yet they continue to commit these very acts themselves. The junta that formally calls itself the National Council for Peace and Order (NCPO) has taken firm control over the political discourse. It has outlawed public gatherings, detained dissenting opponents, and enforced a high degree of media scrutiny and online surveillance. It also oversees nearly all branches of government. Most NCPO members are also members of the cabinet, most notably former army chief, junta leader, and Prime Minister General Prayuth Chan-ocha. The NCPO unilaterally appointed most other government bodies, including the National Legislative Assembly (NLA)acting as the ersatz-parliament, the National Reform Council (NRC), which hands out political and legislative recommendations, and the Constitution Drafting Committee (CDC).
The CDC has worked hard since the beginning of 2015 to draw up a new constitution with the hope that this will be the last one for the foreseeable future. While the draft was originally scheduled to be completed by late July, the CDC was granted a 30-day extension to clarify certain aspects of the constitution. The draft, reduced from 315 to 285 articles, was forwarded to the NRC, which will vote on its adoption in September 5. If the vote outcome is positive, the draft constitution will then be subject to a nationwide referendum in early 2016. This may or may not pave the way for elections sometime at the end of 2016 – a whole year later than what the military junta originally promised. Regardless in which form the draft will be enacted, Thailand’s twentieth constitution could deeply transform the country’s political landscape and have lasting negative consequences due to the changes severely hobbling the powers of elected officials to govern.
Crisis Panel: Committee for Reform Strategy and National Reconciliation
Certain features proposed in the constitutional draft, such as the new electoral system or the pre-vetted Senate, have previously been discussed on ConstitutionNet. Additionally, a highly controversial article was added to the draft constitution at the last minute. Article 260 provides for the establishment of the Committee for Reform Strategy and National Reconciliation that would co-exist with the elected government. The Committee would have the power to “commit or suppress any action” in the event of a crisis or conflict in the country that cannot be contained. Committee’s non-elected membership and lack of definition on what constitutes a “chaos” or “crisis” appears to be yet another signal of how the Thai military attempts to hold onto power and limit the power of elected officials by constitutional design.
Infographic: Thai junta leader to cut short 'boring' Friday night rants
Originally published at Siam Voices on June 1, 2015
As Thai military junta leader General Prayuth Chan-ocha considers shortening his weekly TV addresses, we look how much air time he has already racked up.
Every Friday evening, the dulcet tones of synthesized strings of a pop ballad ring in the program that has been a mainstay on Thai television for a year now, and a man starts talking and talking... and talking about the work he has done in the past week. The weekly spot is part of the Thai military government's media propaganda routine, replacing the much-loved soap operas that are usually shown at this time.
Since the military coup of May 22, 2014, as part of the junta's efforts to "Return Happiness" to the Thai people in order to win backs the hearts and minds it has continuouslyintimidated, Thai junta leader and Prime Minister General Prayuth Chan-ocha appears every Friday night at around 8.3opm to address the nation in his show "Returning Happiness to the Nation's People" ("คืนความสุข ให้คนในชาติ").
Weekly programs where Thai prime ministers provide updates about the work of their government are not a novelty, as previous civilian governments have done so before. The main difference is that their programs ran on Sunday on one state-owned TV station. Gen. Prayuth on the other hand appears on nearly all Thai free TV channels on Friday evening, a time slot normally reserved for the "lakorns", the soap operas that are hugely popular, but can also be rather questionable - so questionable, in fact, that Gen. Prayuth himself offered to write some new scripts himself.
On the program - which is pre-recorded in front of a green screen - Gen. Prayuth discusses the week's progress of his administration on a variety of issues. On some episodes, he's joined by other members of the junta or the cabinet to provide their updates. But more often than not, his rapid-fire remarks veer off-script into bizarre side notes and furious tirades (so much so that the English subtitles hardly keep up with him), further cementing his mercurial rhetoric and his compulsive loquaciousness.
And more often than not, his weekly addresses vary in length, but tend to be on the longer side, as our infographic shows:
Those times are soon coming to an end though, or at least they appear to be cut short:
Prime Minister General Prayut Chan-o-cha is considering cutting the length of his weekly national address by half and may move it out of the prime-time slot. Prayut said yesterday he would try to keep his speech to about 30 minutes during the programme [...]
When asked if he watched the pre-recorded programme, the prime minister said: "I do and I feel bored."
"Prayut to rethink time and length of his weekly TV show", The Nation, May 29, 2015
While the junta leader is seemingly omnipresent on TV, it is not known if a lot of people are actually tuning to hear his words of "wisdom" - it could be possible that the majority actually doesn't watch, most likely in disappointment at being deprived of their beloved "lakorns". And TV executives aren't really happy about this either, considering that these shows score the highest ratings and contribute to the largest advertising revenues:
"It was popular during the first few weeks, but since it's been a year now, it has lost its appeal," Sirote Klampaiboon, an independent scholar and TV host, said last week. Forcing all channels to relay the programme could be considered as monopolising information, Sirote said. (...)
The programme, which usually drags on for more than an hour, has impacted the TV industry, he said. The operators all paid a fortune to bid for a spot on the digital TV platform last year in the hope that they could create content and attract viewers. Undoubtedly, airtime was valuable, he said. The operators held the rights to exploit the resources they had paid for, but the programme hosted by the premier prevented them from doing so, he added.
"Not every TV viewer is happy with Prayut 'Returning Happiness to the People'", The Nation, May 31, 2015
In a related development, the military government's daily TV show "Thailand Moves Forward", also aired on all state-owned channels, is getting another 15 minutes of air time.
ConstitutionNet: Thailand’s next post-coup constitution: The dictatorship of the ‘good people’?
Originally published at ConstitutionNet on May 29, 2015
There is a persistent theme in Thailand’s ongoing political crisis often touted by one side of the spectrum: the call for the “good people” or barami in Thai. Barami, a Buddhist term for “charismatic power” or “meritorious prestige,” has historically been linked to the Thai concepts of power. In an increasingly polarized Thai political and societal reality, frustration with unstable and often scandalous governments has led to a popular political rhetoric that centred on the need for “good people,” implying that the democratically elected leaders of the country fall short of basic moral standards.
The crisis that started in the mid-2000s and the protests against then Prime Minister Thaksin Shinawatra led to the revival of barami. PM Thaksin was as popular among the electorate in the rural North and Northeast mostly due to his populist policies, as he was loathed by the upper-middle class and the political establishment in Bangkok for his illiberal tendencies. The latter ultra-nationalist group, commonly known as the “yellow shirts” saw Thaksin as a perversion of electoral democracy and desired a leader, who is “morally clean” above anything else.
The next decade saw many, at times undemocratic, changes of governments. Thaksin is now in self-exile, but he still wields considerable influence. After several street protests, two military coups, and clashes between political stakeholders, those calling for a takeover by the “good people” got what they asked for with the coupof May 2014 - or so they thought. The military that sees itself as part of the “good people” took firm control of the political discourse by outlawing public gatherings, detaining dissenting opponents, and enforcing a high degree of media censorship.
The National Council for Peace and Order (NCPO), as the junta officially calls itself, oversees nearly all branches of government. Most NCPO members are also members of the cabinet, most notably former army chief, junta leader, and Prime Minister General Prayuth Chan-ocha. The NCPO appointed most other government bodies, including the National Legislative Assembly (NLA) acting as the ersatz-parliament, the National Reform Council (NRC), which hands out political and legislative recommendations, and the Constitutional Drafting Committee (CDC). The limited political freedom the packed CDC enjoyed while drafting the new constitution became even more obvious last week, when the NRC proposed a striking 129 revisions to the draft the Committee presented in April. Nevertheless, the CDC is confident that it can incorporate all amendments and forward the final draft to the NRC for approval by July 29.
The new constitution is supposedly designed to re-balance the lopsided party landscape, introduce more checks and balances, and crack down harder on corrupt politicians. However, the underlying political motivation appears to be to curtail the power of elected officials and to transfer power to unelected ones. All junta actions seem to point in the direction of diminishing the electoral strength of Thaksin-associated political parties, which have won all national elections since 2001, and of fueling people’s contempt about electoral democracy in general.
Thai junta allows constitution referendum, delays elections even further
Originally published at Siam Voices on May 20, 2015
Thailand’s military government has said it will hold a referendum on its draft constitution. However, it’s not without a catch - or several for that matter.
The issue of whether or not letting the Thai people decide on the draft for the country’s 20th constitution has resulted in some clearly drawn battles lines among Thailand's governing bodies.
On one hand, members of the civic society, the sidelined political parties (likely afraid for their own professional future), the military junta’s National Reform Council (NRC) and even the Constitutional Drafting Committee (CDC) have all been vocally in favor of a referendum.
On the other hand, the military government itself has been hesitant about the idea and even scolded the pro-referendum groups. It also insisted that the power to call for a referendum ultimately lies with the junta and the cabinet - both of which happened to be headed by General Prayuth Chan-ocha.
(READ previous coverage: Thailand’s post-coup constitution: Will the people have a say?)
This back-and-forth came to an end on Tuesday:
Thailand's military junta has decided to hold a referendum on the draft of its new post-coup charter, although details of the ballot's options remain unclear.
The decision was reached in the joint meeting between the junta and the Cabinet at the Government House today.
Gen. Prayuth Chan-ocha, who chairs both the junta and the Cabinet, said his government will ask the interim parliament he appointed to amend the current constitution to allow for a referendum, which is not mentioned in the charter's present form.
"Once the constitutional amendment is done, we will immediately proceed with the referendum," Gen. Prayuth told reporters today. "Our duty is to make the law that allows for the procedure. As for the procedures themselves, they will be left to relevant agencies. The referendum will be the duty of the Election Commission."
”Junta Approves Charter Referendum, Leaving Details for Later”, Khaosod English, May 19, 2015
So, it sounds pretty straight-forward so far: Section 46 of the current interim constitution needs to be amended to mention the possibility for a referendum on the next constitution and has to be approved by the junta’s ersatz-parliament, the National Legislative Assembly (NLA).
The decision whether or not to hold a referendum has to be made before the draft constitution is approved in August by the National Reform Council (NRC) - however, if the NRC rejects it, the whole process would start anew again and the issue becomes irrelevant until a new draft has been drawn up (as illustrated here).
However, there’s this potential catch though:
"The NLA all agrees that a referendum should be held," deputy president Peerasak Porchit said yesterday. "A public referendum should not be focused on whether to adopt or reject the whole constitution, as it may prevent good elements [from being implemented].
"However, voting on articles that are crucial would not be too difficult for the general public to understand," he said.
”Referendum should 'focus on key charter points’”, The Nation, May 5, 2015
It is not known at this point if people can vote on the whole constitution draft or just on certain sections, which we don’t know at this point either.
There’s another catch:
"The referendum will take three months to put together. It will likely delay the roadmap," Prime Minister Prayuth Chan-ocha told journalists. The junta, which came to power in a coup last May, was initially due to approve the new constitution and organize elections in early 2016.
The Deputy Prime Minister, Wissanu Krea-ngam explained that a referendum in January would need another several months "to amend various laws," promising that elections would be held "not more than 90 days after."
"At the earliest it will take place around August or in September," he added.
”Thailand constitutional referendum to delay polls until August 2016”, Deutsche Welle, May 19, 2015
That’s another delay of elections after the military junta initially aimed for late 2015, before the time window was moved to sometime ”early 2016” - which shouldn’t have surprised anybody back then and shouldn’t surprise anybody now.
And then there’s - you guessed it - yet another catch:
General Prayut Chan-o-cha said Tuesday he would stay in power to oversee a new drafting process if the draft constitution was rejected by the public.
He said a new process would automatically begin if the current draft was rejected, either through a referendum or by other means, including by the international community.
”Prayut vows to stay if draft charter rejected”, The Nation, May 12, 2015
A cynic might say that the military junta is holding the next elections to ransom in exchange for a 'yes' vote in the constitutional referendum - and they wouldn’t be wrong to think that. It is evident again that the military government has a tight grip on the whole political discourse and can move the goal posts (in this case until the next elections) as much as it wants to.
Thailand's post-coup constitution: Will the people have a say?
Originally published at Siam Voices on May 12, 2015 Thailand’s draft for the next constitution is still subject to heated debate. But the hottest issue at the moment is whether the Thai people will actually have a say in the next charter via a referendum.
It’s been almost a month now since the Constitutional Drafting Committee (CDC) presented the fruits of their labor with the new draft that will become Thailand’s 20th constitution (download the draft and English translation here, more analysis in the coming weeks) - that is, if it actually survives the coming weeks and months.
Since a military coup ousted the popularly elected but embattled government of former Prime Minister Yingluck Shinawatra almost exactly a year ago, Thailand’s military junta government is trying its absolute best to ensure that this draft, and with it its singular vision about the country’s political power structure, is written into law with minimal changes.
After the previous military coup of 2006 that ousted Thaksin Shinawatra the Constitution of 1997 was scrapped. Instead of what was widely regarded as the "People’s Constitution" that pushed Thailand towards democracy, the interim government drew up the 2007 Constitution. It included stipulations like a two-term limit for the prime minister, a half-appointed senate and easier processes to impeach the government.
Curiously, and specified in the 2006 interim constitution, the then-military junta put this draft to a referendum and launched a far-reaching PR-campaign (knowing well that it controlled the airwaves, see more examples here, here, and here) calling on the people to vote in favor of it. Eventually, the referendum in August 2007 went in favor of the constitution with 58 to 42 per cent (turnout: 57 per cent) and elections were held later that year in December - only for another Thaksin-associated party to come to power (and later repeated in 2011 with Thaksin’s sister Yingluck).
Now, with the 2007 version thrown into the bin again, another Shinawatra government toppled, and the military tightening its grip on power, a new draft has been drawn up by the junta’s all-appointed Constitutional Drafting Committee and the question many are asking is if there will be a referendum again?
There were signs as early as one month after the coup that the military is against a referendum this time. Then later in October - with the country still under martial law - National Reform Council (NRC) member Chai-Anan Samudavanija had this rather singular take on the issue:
Once the constitution had been drafted, he saw no need for a national referendum, because there weren’t any clearly conflicting issues.
“Usually, a referendum is required when opinions are split between alternative options; whether society wants A or B. However in the current situation, those alternative options aren’t apparent, therefore, a referendum is not necessary.”
“Public endorsement of the constitution can, instead, be demonstrated through the absence of public dissent,” he pointed out.
”'Fewer MPs would mean less corruption’”, The Nation, October 13, 2015 - via Bangkok Pundit
The referendum issue flared up again in March when the sidelined political parties from both sides of the spectrum (the ousted, Thaksin-associated Pheu Thai Party and the opposition, ‘Democrat’ Party) started to become more vocal:
In an exclusive interview with the Bangkok Post, Pheu Thai legal experts, led by Pongthep Thepkanchana and secretary-general Phumtham Wechayachai, insist a referendum must be carried out — and the public should be given a choice of an alternative if they don't like the one currently being written.
Asking the public to simply accept or reject the new charter is not enough, they say. The voters should be given options and allowed to pick a version of a charter — for example the 1997 version — if they disagree with the coup-sponsored draft.
The experts' suggestion is in line with what the Democrat Party has proposed, but the Democrats called for the 2007 version (…) to be one of the choices. (…) [Democrat leader Abhisit Vejjajiva] outlined his support for a referendum in a previous interview with the Bangkok Post, saying it will not only ensure the legitimacy of the new charter, but it will also help quell any suspicions the charter has been designed to allow the coup-makers and other bodies set up after the coup to prolong their hold on power.
”Pheu Thai backs charter referendum”, Bangkok Post, March 16, 2015
These calls were repeated by both parties and have been echoed in the most unlikeliest of places, as both NRC member Alongkorn Polabutr and even the CDC’s chairman Borwornsak Uwanno voiced their support for a vote by the people.
However, the military junta government is still staunchly against this and put some people back in their place:
"The CDC needs not say anything because a public referendum is neither the matter nor duty of the drafting panel," Deputy Prime Minister Wissanu Krea-ngarm said. "It is the matter for the cabinet and the National Council for Peace and Order to decide." (…) "The CDC's job was finished once it completed drafting the new constitution," Mr Wissanu said.
”Govt lashes out at CDC, NRC for referendum remarks”, Bangkok Post, April 30, 2015
However, junta leader and Prime minister General Prayuth Chan-ocha said on the same day that it’s not up to him but the CDC and NRC to decide whether or not to hold a referendum. The question here if he was either referring to himself as the prime minister or the leader of the “National Council for Peace and Order” (NCPO), as the junta is officially called, since both positions are occupied by him - in the same way many positions are in the NCPO and in the cabinet.
Meanwhile, civil society groups are speaking up on this matter, while academics, activists, students, NGOs and alternative media organizations have launched their pro-referendum campaign with the unveiling of the website prachamati.org (the Thai word for referendum), providing a forum where users can debate and vote on crucial parts of the draft constitution - because that’s exactly what’s currently not happening in the real world.
We can expect a pretty clear schedule in the coming weeks: The cabinet and the junta (essentially the same people) submit their comments to the CDC by May 25. Then the CDC has until July 23 to amend the draft and send the final version to the NRC, which has two weeks to review and approve by August 6 - or not and then start the whole process all over again.
The issue of whether or not to let the Thai people vote on the new constitution is yet another thorny one for the military junta, which doesn't like leaving anything to chance (or rather choice in this case), most evidently illustrated by the junta’s threat in case of a referendum to delay the future election even further into 2016.
Thailand: Public assembly law creates new hurdles for political protests
Originally published at Siam Voices on May 4, 2015 In the past decade, Thailand has seen fair share of political protests. As color-coded groups staged prolonged, large-scale street rallies, politics frequently more often took place outside than inside its usual institutions. Many of these protests went on for several weeks with varying degrees of impact on public life as major public areas (Rajaprasong Intersection in 2010 and 2014, Democracy Monument), numerous government buildings (even Government House itself in 2008) and even Bangkok’s Suvarnabhumi Airport (also in 2008) have been occupied. And many protests have also sparked violent incidents (sometimes deliberately provoked), some resulting in deaths as protesters have clashed with security officials - or in the case of the red shirt protests of 2010 - the military.
The last major demonstrations we've seen were the anti-government protests of 2013-14, which lasted almost half a year and brought parts of the capital Bangkok to a grinding halt - not to mention halting political discourse, deliberately creating a deadlock in which the military could easily launch the coup of May 22, 2014.
Following that hostile takeover and the declaration of martial law, the military junta outlawed public gatherings of more than five people. But even after its recent revocation has effectively banned any protests, as the infamous Article 44 still gives the junta near-absolute power.
Then, the military government’s all-appointed ersatz-parliament, the National Legislative Assembly (NLA), passed a law on Friday that seeks to regulate future public protests:
People seeking to stage a public protest must inform authorities 24 hours in advance, and others who think they create public nuisance may petition the Administrative Court or courts of justice under the new public assembly law passed on Friday.
The law also prohibits public gatherings in the 150-metre radius of the royal places of Their Majesties, those of the royal family members, and residences of regents/royal guests. A public rally cannot be held on the premises of Parliament, Government House and courts unless authorities arrange a spot for it. (...) Other places deemed off-limits include embassies, consuls and international agencies.
The law requires a rally organisers to notify police officers supervising the area they would like to use as the rally venue at least 24 hours before the assembly. They must also tell authorities the purpose of the gathering and how long it will last.
”New public assembly law passed”, Bangkok Post, May 1, 2015
The bill was in the works since August last year after a proposal by the Royal Thai Police was approved by the cabinet in late November. The draft bill passed its first reading in the NLA with an overwhelmingly unanimous 182-0 vote in late February. The core components, such as the 24-hours notification and no-go areas at key government buildings, were left untouched until the final vote by the NLA. Other restrictions include a ban on loudspeakers between midnight and 6am, a requirement of protesters to stay at the site between 6pm and 6am and (obviously understandable) a ban on weapons at the rallies (a more detailed list can be found here).
Any violation of these restrictions is enough for the police officer charged with overseeing the protest (in most cases the commander of the police station which has been asked for permission) to declare the protest "illegal" and seek an order to disperse at the civil or provincial courts.
Protesters that refuse to leave despite being ordered by the police could face up to a year in jail and/or a maximum fine of 20,000 Baht (about $600). Other punishments include up to 6 months prison and/or 10,000 baht (about $300) for protesting without police permission, also up to six months for the rally organizers for any stage-related violation (loudspeakers after midnight, "inciting" speeches) and up to 10 years imprisonment for carrying weapons, trespassing and damage, making threats and causing harm to others and any disruption of public service and utilities (e.g. water and electricity).
That's a lot of obstacles for future protests. Furthermore, declaring most key government buildings such as Government House and Parliament off limits is understandable given that these sites have been besieged and occupied before, but it also prevents some protesters - the smaller, non-obstructive kind - from certain symbolic acts, such as handing petitions to politicians. That is if they even get this far.
The first hurdle that organizers have now to face is asking the police for permission, which could look like this in practice:
If the police station chief says no, we have the right to appeal to his boss. And if the boss says no too, his judgement will be deemed final. But we can still appeal to the court against the ban.
By then, I expect many affected groups which want to have their voices heard through protest will become frustrated and may scrap their planned expression of discontent. Another scenario is that a planned protest will lose steam because instead of protesting, the people involved will be forced to waste their time in courtroom battles.
Also, which police station chief - who will likely be of police colonel rank - will say yes to a protest in his area of jurisdiction at the risk of being reprimanded by his boss? So, there is a likelihood that rejection will be the norm.
"Harsh laws on public gatherings a blow to democracy", Bangkok Post, May 4, 2015
As usual with laws and regulations in Thailand, it's not the exact wording that is the problem but the motivation that it was written with. A certain fatigue of political protests regularly descending into chaos is understandable, however one should take the circumstances of the bill's creation into consideration. There has been absolutely no input by the public and the draft was waved through with few to no changes.
One must also not forget the military junta's general disdain to any display of public dissent, including rallies concerning environmental issues. The new law could give future governments - and possible extra-parliamentary forces - a handy tool to curtail political protests.
ConstitutionNet: Thailand’s next post-coup constitution: Uncharted territory to ‘true democracy’ or same old trodden path back to authoritarianism?
Originally published at ConstitutionNet on April 30, 2015
On the afternoon of 22 May 2014 Thailand’s military launched a coup in response to which even the most casual observers of Thai politics and history would have sighed an exasperated ‘not again!’. Indeed, this is the Kingdom’s 12th military takeover of power since becoming a constitutional monarchy in 1932.
The most recent coup was the climax, toppling the besieged government of Prime Minister Yingluck Shinawatra - or rather what was left of it following her ousting from power after the Constitutional Court found her guilty of an illegal personnel transfer.
The coup came after nearly half a year of political gridlock due to sustained street protests in the capital Bangkok, where opposition politicians instigated chaotic actions that at times have turned violent. Such gridlock is just the latest episode of a much longer crisis that has rocked the Thai political landscape. Since 2006, the clash of multiple issues and stakeholders often beyond the realm of stable democratic politics had led to colour-coded street protests and military coups. And yet again we have a military junta that has complete control over the political discourse. The National Council for Peace and Order (NCPO), as the junta officially calls itself, has outlawed public gatherings, detained dissenting opponents and enforced a high degree of media censorship.
In Thailand, military coups d’etats seem to follow a distinct pattern: after seizing power and declaring martial law, the first few orders dissolve parliament. Shortly after that, comes an order declaring that the current constitution has been suspended. The duration of this legal void until a new constitution is promulgated, differs from coup to coup. This time, it lasted about two months as the junta adopted a new interim constitution that whitewashes its own actions, declaring all its past and future acts legal and constitutional. Such convenient clauses are also included in the interim constitution of 2014, while the touted emphasis is on ‘reforming’Thailand’s political system to end the country’s long-running divisions. In other words, the military junta’s (official) plan is to ‘bring back reconciliation’ to Thai society and to rid politics of corruption - a catch-all justification to demonize elected politicians.
Russian premier visits Thailand: More rubles rolling into Prayuth's regime?
Originally published at Siam Voices on April 10, 2015
Russian Prime Minister Dmitry Medvedev's visit to Thailand this week was a rare and convenient foreign policy opportunity for the junta, writes Saksith Saiyasombut
It’s been a while since the red carpet has been rolled out at Bangkok Government House for a foreign leader who isn’t from an Asian country. That hiatus ended mid-week with the visit of Russian Prime Minister Dmitry Medvedev on Wednesday.
The timing couldn’t be better for Thailand’s military junta, still yearning for some international recognition. Relations with most Western countries cooled significantly (we reported) after last year's military takeover, led by then-army chief Gen. Prayuth Chan-ocha, who has since installed himself as the country's prime minister.
Since the coup, foreign criticism has been met with petulant and indignant rebuttals by the junta - more often than not from Gen. Prayuth himself - as seen with the most recent backlash against the military government’s revoking of martial law and the subsequent invocation of Article 44, which gives junta leader Gen. Prayuth nigh-absolute power. In the latest development, soldiers have been granted permission to effectively act as law enforcement officials.
So it comes to no surprise that the junta is looking for new (and/or) old friends elsewhere, so far finding them in neighboring Cambodia and Burma (Myanmar), and - more strangely - in North Korea. Most important, though, is Thailand's pivot towards China (we reported). Ties between the two countries - especially between its armies - have strengthened significantly with Deputy Prime Minister Gen. Prawit Wongsuwan traveling to Beijing for the second time since the coup this week, not only to deepen ties but also do some window shopping for military equipment.
Back in Bangkok at Medvedev’s visit, things seems to be going smoothly as well.
"When a friend is in trouble, moral support from allies is needed. Russia still chooses to be friends with Thailand today and we will ensure the bond of friendship remains tight," Gen Prayut said. He thanked Mr Medvedev for his understanding about Thai political developments and vowed he would strengthen ties between the two countries. (…)
The two leaders witnessed the signing of 10 MOUs at Government House. Five were signed between state agencies, including energy, tourism, cultural exchange, anti-narcotics and investment.
Thai and Russian private companies signed five MOUs to strengthen cooperation in machinery engineering, navigation technology, rail infrastructure, fibreglass production and educational exchange between Moscow State Regional University and Siam Technology College.
”Prayut reaches out to Moscow”, Bangkok Post, April 9, 2015
While Russian-Thai relations go back to when Tsar Nicholas II welcomed King Chulalongkorn in 1897 (more can be read here and here), ties between the two countries have not been a priority for either party over the years, especially because of the Cold War and the United States being Thailand’s long-standing ally. And despite a rather turbulent episode with the extradition of Russian arms dealer Viktor Bout to the US, which left Russia fuming at the then-administration of Prime Minister Abhisit Vejjajiva, the Russian ruble has been steadily rolling into Thailand since the fall of the Soviet Union.
That is mostly thanks to an influx of Russian tourists and expats, who are now ranked third as the country with the most tourists to Thailand, behind Malaysia and China. However, in 2014 the number has dropped to 1.6m tourists - a decrease of 8.6 per cent (source). But that has less to do with the Thai political crisis and more to do with Russia’s own economic woes and its tumbling ruble (partly as a consequence of international sanctions for its meddling in the Ukrainian conflict). The fall in Russian visitors has had a significant economic impact, especially in the Russian stronghold of Pattaya.
Nevertheless, both countries are optimistic about their economic outlooks, with a bilateral trade volume (officially) estimated at almost $4bn and about many potential lucrative deals: Russia could, as Trade Minister Denis Manturov told Reuters, buy 80,000 tonnes of rubber from Thailand, thus alleviating one of the junta's biggest commodity headaches. Also, the prospect of a Russian-Thai free-trade agreement could fill void left by the suspended talks with the European Union, much to the disappointment of European trade lobbyists in Thailand.
But more importantly, the Russians also have this to offer:
"We are feeling out the interest on the Thai side to purchase military equipment," Russian Trade Minister Denis Manturov told Reuters in Bangkok on Wednesday. "Our friends from the Western part of the world are ignoring Thailand." (...) Talks on defence-related sales were focused on military aircraft and related training and services, Manturov said. He declined to give details of specific deals under discussion.
"Russia eyes military sales to Thailand, rubber deals", Reuters, April 8, 2015
Unlike its direct neighbors, Thailand's Air Force is mostly equipped with American F-16 and Swedish JAS-39 Gripen fighter jets. But in the current situation, Russia could bundle an attractive package for the Thai generals, which could also cover their long-held wish for submarines.
It should be by now obvious that a rapprochement between Russia and Thailand could - despite denials by both countries - be of geo-strategic benefit for them, given how the two are internationally spurned (albeit at completely different levels of severity and significance). The Thai military junta could always use a big country at its side for international legitimacy, that is also willing to do business and not ask pesky questions about democracy and human rights, while Russia can continue to develop its trade relations in Southeast Asia.
That said, Western countries won't be giving up on Thailand just yet. Not if if they don't want to leave the playing field to a geo-political rival.
While Thailand is not likely to be welcoming many foreign leaders from the West, the red carpet at Government House may be rolled out for new guests more often - although at what cost?
After martial law in Thailand, there is Article 44 - and a backlash against the junta
Originally published at Siam Voices on April 2, 2015 The removal of martial law in Thailand has not been met with relief, but with more anxiety and criticism - not only from abroad - amid fears of a descent into a fully-fledged dictatorship under Article 44, which gives the junta near-absolute power.
Television viewers in Thailand saw their regular programs interrupted Wednesday evening for an official statement. First came a statement from the Royal Gazette declaring that King Bhumibol Adulyadej had approved the removal of martial law throughout* the country, effective immediately. This was widely expected, as Thai military junta leader and Prime Minister Gen. Prayuth Chan-ocha asked the King for permission earlier this week and it was just a matter of time for it to be granted.
Martial law was declared shortly before Thai military staged a coup almost a year ago on May 22, 2014. It gave the junta far-reaching powers to detain people without charges, send them to military court, ban public rallies and political seminars, and impose stringent media censorship.
"There is no need to use martial law anymore,” said the royal announcement on the evening of April 1. Thankfully it wasn't an April Fool's joke, and what followed instead was no joke either.
On Tuesday before the announcement we already talked about Article 44 of the military-installed interim constitution that will be utilized from now on to "maintain peace and order". The section gives prime minister Gen. Prayuth unprecedented, very far-reaching powers to issue any order to maintain what he thinks is "national security" and "public unity" for an indefinite amount of time with no political or judicial oversight.
The TV announcement Wednesday also included "Order Number 3/2558", issued by Gen. Prayuth as head of the “National Council for Peace and Order” (NCPO), as the military junta formally calls itself.
The communique (which can be read in its entirety here and translated into English here) lists 14 regulations which stipulate that every military officer ranked Lieutenant or above is tasked to be a "Peace Keeping Officer” (sic!), authorized to summon and detain suspects without charge for up to seven days, seize and search properties without warrant, ban public gatherings of more than five people, and censor the media, among other actions, without any liability. (A detailed critical analysis can be read here.)
So why has martial law been lifted, when replacing it with Article 44 only strengthens the junta's grip on power? One main reason is that martial law has discouraged a lot of tourists and foreign investment to come to Thailand.
Another argument is that martial law has been one of the main points of contention by foreign governments, as they have repeatedly called for its repeal as a first step back to democratic civilian rule. But as reactions from abroad have shown, nobody’s buying the junta's alternative.
The European Union published a statement saying Wednesday’s orders ”does not bring Thailand closer to [a] democratic and accountable government.” A representative of the U.S. State Department expressed concern ”that moving to a security order (...) will not accomplish any of these objectives," while calling for ”a full restoration of civil liberties in Thailand.”
But the strongest response came from Zeid Ra'ad Al Hussein, the UN High Commissioner for Human Rights, who wrote this borderline scathing statement:
Normally I would warmly welcome the lifting of martial law – and indeed strongly advocated for it to be lifted in Thailand, (…) But I am alarmed at the decision to replace martial law with something even more draconian (…) This clearly leaves the door wide open to serious violations of fundamental human rights. I appeal to the Government to ensure that these extraordinary powers, even if provided for by the Interim Constitution, will nevertheless not be exercised imprudently.” (…)
The NCPO Order issued on Wednesday also annihilates freedom of expression.
”UN Human Rights Chief alarmed by Thai Government’s adoption of potentially unlimited and “draconian” powers”, United Nations Office High Commissioner for Human Rights, April 2, 2015
This is the second strongly worded statement by the UN this week alone after they criticized Gen. Prayuth's threat to execute reporters critical of the junta.
The Thai military government already anticipated such criticism from abroad, as for instance deputy prime minister Wissanu Kruea-ngam argued that Article 44 is "the best option" to regain international confidence while still maintaining national security. Meanwhile his colleague, deputy prime minister, former army chief and the junta's (nominal) number two General Prawit Wongsuwan lashed out against critics, saying that "no real Thai is afraid of Article 44", but only foreigners. His advisor Panitan Wattanayagorn urged the United Nations' officers to "study the text carefully." Gen. Prayuth himself on the other hand simply shrugged it off when asked by reporters.
One thing is for sure given the reactions: there’s hardly anybody that is being hoodwinked, anybody being bamboozled or anybody being led astray by this nominal change, as many see right through the junta’s gambit - if it ever was supposed to be one.
*Note: Martial law has been in effect in the provinces Pattani, Yala, Narathiwat and parts of Songkhla at the South border since 2004 and is not being affected by the latest or any other previous NCPO order.
Assuming absolute control: Thai military junta revokes martial law, but...
Originally published at Siam Voices on April 1, 2015 UPDATE [April 1, 2015]: Martial law has been officially lifted, according to a Royal Gazette statement televised (full PDF in Thai) on Wednesday evening at around 9.40pm local Bangkok time. As widely expected, Article 44 of the interim constitution is being referred to instead along with orders for every military officer with the rank of 2nd Lieutenant and above to "maintain peace" and those ranked below acting as their assistants, authorizing them to summon, detain suspects, confiscate and enter premises without a warrant. More details about Article 44 in the original story below and an English-language summary on the additional stipulations of the order can be read here by legal expert Verapat Pariyawong.
ORGINAL STORY
The good news: the Thai military junta may soon lift martial law, which has been in place for nearly a year. The bad news: it will be replaced by something worse that could give junta leader and Prime Minister General Prayuth Chan-ocha much more power.
You know there's a problem when even Thailand’s National Human Rights Commission (NRHC) makes a stand. The normally tepid and toothless paper tiger of a human rights watchdog criticized the military junta’s plans to replace the still ongoing martial law with something even worse.
Martial law was declared before Thai military staged a coup almost a year ago, which gives them far-reaching powers to detain people without charges, send them to military court, ban public rallies and political seminars, and impose stringent media censorship. The interim constitution was put in place shortly thereafter in July 2014.
Needless to say, the military government’s handling - or rather mishandling - of civil liberties under martial law has drawn heavy criticism, especially from many foreign countries, who demand the repeal of it.
Developments this week suggest that martial law will likely be indeed revoked. However - and this is what has alarmed the NHRC, among others - the National Council for Peace and Order (NCPO), as the junta formally calls itself, plans to replace it with this:
Section 44. In the case where the Head of the National Council for Peace and Order is of opinion that it is necessary for the benefit of reform in any field and to strengthen public unity and harmony, or for the prevention, disruption or suppression of any act which undermines public peace and order or national security, the Monarchy, national economics or administration of State affairs, whether that act emerges inside or outside the Kingdom, the Head of the National Council for Peace and Order shall have the powers to make any order to disrupt or suppress regardless of the legislative, executive or judicial force of that order. In this case, that order, act or any performance in accordance with that order is deemed to be legal, constitutional and conclusive, and it shall be reported to the National Legislative Assembly and the Prime Minister without delay.
Constitution of the Kingdom of Thailand (Interim), B.E. 2557 (2014) - Unofficial translation
In layman’s terms, the head of the junta General Prayuth Chan-ocha can issue any order he thinks is appropriate to ensure what he thinks is "national security”, ”public unity and harmony” or ”public peace and order”, without any judicial and political oversight other than to immediately report to the fully-appointed, military-dominated ersatz-parliament (the National Legislative Assembly) and the Prime Minister - who happens to be General Prayuth Chan-ocha as well. A practical and handy carte blanche.
General Prayuth himself said on Tuesday that he has asked King Bhumibol Adulyadej for permission to lift martial law. Though this is seen as something of a formality.
Ever since the hostile power takeover last May, the military government has been in tight control of nearly every aspect of the Thai political discourse (e.g. the junta’s constitutional drafters are wrapping up their work on a new full charter soon). So it is not surprising that they want to maintain that for the short and mid-term future, while at the same time trying to pacify the criticism against them by doing away one of the main issues.
The problem is that the same critics (including this blog) see right through this move and are now concerned that Article 44 gives Gen. Prayuth unprecedented, nigh absolute powers to do nearly everything and also for an indefinite amount of time, regardless of the junta’s much purported "reform roadmap" to return "true democracy" to Thailand sometime soon.
Many observers have drawn a comparison to Article 17 of the interim constitution of 1952, which contains some very uncanny parallels…
. . . whenever the Prime Minister deems it appropriate for the purpose of impressing or suppressing actions, whether of internal or external origin, which jeopardize the national security or the Throne or subvert or threaten law and order, the Prime Minister, by resolution of the Council of Ministers, is empowered to issue orders to take steps accordingly. Such orders or steps shall be considered legal.
—Article 17, Interim Constitution of the Kingdom of Thailand, 2502 B.E. [1952 C.E.]
From: ”Article 17, a Totalitarian Movement, and a Military Dictatorship”, by Tyrell Haberkorn, Cultural Anthropology, September 23, 2014
This section was created during the dictatorship of Field Marshal Sarit Thanarat (1958–1963) and later used frequently during the equally ruthless rule of Field Marshal Thanom Kittikachorn (1963–1973), both of whom authorized a total of 76 executions based on this passage.
The junta is currently busy trying to convince people that history is not going to repeat itself. The chairman of the National Legislative Assembly Pornpetch Wichitcholchai has urged the Thai people to simply ”trust” Gen. Prayuth, while the deputy PM and effectively the junta’s number two, Gen. Prawit Wongsuwan, has assured that the law will only be used for protection against "ill-intended elements", and effectively told the NHRC to buzz off.
Meanwhile, his more cantankerous and (nominal) superior Gen. Prayuth had a hard time himself dispelling criticism and ended up chewing out yet another reporter at a press conference on Monday, singling out a Channel 7 journalist (an army-owned TV channel, no less) while insisting that he’s not angry - and that on heels of him quipping last week that he would "execute" critical reporters.
His promise to use the law "constructively" is to be met with skepticism, since civil liberties have taken a nosedive since the coup almost 11 months ago and Article 44 seems to be Gen. Prayuth’s catch-all solution to nearly all problems. He has already indicted that he will utilize it rather creatively, resolving issues concerning forest encroachment and apparent safety issues of Thailand-based airlines which have led several Asian countries to ban new flights after the International Civil Aviation Organisation raised concerns.
The question is not so much if Gen. Prayuth is going to (ab)use the power bestowed on him by Article 44 - the fact that he has these powers and he sees the need to still have them in the first place to cement his rule is more worrying.
To borrow a much-used phrase by a 19th-century English politician: ”Absolute power corrupts absolutely.”
Tongue-Thai’ed! - When human rights are too "extreme"
Originally published at Siam Voices on March 4, 2015 This is part XXX of “Tongue-Thai’ed!”, an ongoing series where we collect the most baffling, ridiculous, confusing, outrageous and appalling quotes from Thai politicians and other public figures. Check out all past entries here.
It is hard to deny that the human rights situation in Thailand has sharply deteriorated since last year's coup which brought in the authoritative military government and its repressive measures to curtail dissent and criticism against their rule.
We have extensively reported on heavy media censorship, hundreds of arbitrary detentions with some allegations of torture, the relentless prosecution of lèse majesté suspects at home and abroad (two young theater activists have been recently sentenced to jail), the junta's increased efforts to spy online and its intolerance for any kind of protest or mere criticism, especially from abroad. And all that for the junta's often-claimed maintenance of "peace and order", while the country still is under martial law. Whoever isn't keeping calm is being "invited" for "attitude adjustment".
To say the situation is abysmal would be an understatement. Human Rights Watch said in its annual report that Thailand is in "free fall" and Amnesty International stated that the junta's actions are creating "a climate of fear". Meanwhile, the biggest worry of Thailand's own National Human Rights Committee (NHRC) is not the human rights situation itself - even when student activists are being harassed almost right in front of its chairperson - or an impending major international downgrade, but rather they are more concerned about their own existence amidst proposals to merge it together with the Ombudsman's Office.
With all that in mind, the Thai military junta's foreign minister General Thanasak Patimaprakorn went to Geneva earlier this week to attend the annual regular session of the United Nations Human Rights Council. Granted, its current member states are also not all what can be considered shining beacons of human rights, but nevertheless Gen. Thanasak didn't have an easy task representing Thailand (which is not a council member at the moment) and its situation to the world.
Thus, his opening statement (which you can see a video of here and read the transcript here) was more on the safe side with commitments to contribute to the work of the UN Human Rights Council. It would have been a rather unremarkably insignificant speech weren't it for these two excerpts:
Human rights exercised in the most extreme manner may come at a high price, especially in unstable or deeply divided societies. It may even lead such societies to the brink of collapse. And in such situations, it is the most vulnerable in societies who suffer the most.
What in the world is the "most extreme manner" of human rights, anyways?! Wouldn't the most extreme form of human rights be that actually ALL people can enjoy the same level of respect, dignity and legal fairness, regardless whoever they are?! And how could that bring a society of collapse?!
It gets even better, when he said a couple of moments later:
Freedom of expression without responsibility, without respect for the rights of others, without respect for differences in faiths and beliefs, without recognising cultural diversity, can lead to division, and often, to conflict and hatred. Such is the prevailing situation of our world today. So we must all ask ourselves what we could and should do about it.
Yes, those are all valid points, wouldn't it be for the pot calling the kettle back.
Thailand could, for example, introduce an official language policy that promotes the cultural diversity of its ethnic minorities, instead of just emphasizing the similarities.
Or it could also investigate a protest of roughly 1,000 Buddhists against the construction of a mosque in the Northern province of Nan earlier this week, while everybody's claiming not be against it for religious reasons, but also showing concern about "noise pollution", "different [read: incompatible] life styles" and potential "unrest and violence" once the mosque is built.
Or what about all those times when Thai junta Prime Minister General Prayuth Chan-ocha lashed out against the media for still being too critical again and again or otherwise be utterly cantankerous and highly sardonic towards members of the press (if the junta is not censoring it, of course)? And what about the things that the junta says in general?
You see, it is not "extreme" human rights or freedom of expression that is the problem here, it is the blatant disregard of it that brings societies to the brink. The "extreme" version is to have a population that is not afraid of prosecution or any invisible lines for whatever they are saying and where the responsibility lies with society as a whole and not few powerful ones dictating it.
But then again, what isn't too "extreme" for the Thai military junta?
Thai junta's lawmakers see 'nothing wrong' with hiring family members
Originally published at Siam Voices on March 2, 2015 Dozens of Thailand's lawmakers have employed their family members with state money and see nothing wrong with that, while they claim to eradicate exactly that kind of behavior out of Thai politics.
The Thai military junta pledged to do everything better and cleaner than their politician counterparts when they executed their hostile takeover of powers in a coup last year. The mindset of them and their allies is that Thai politics is so tainted with corruption it is incapable of redeeming itself, hence the indefinite suspension of electoral democracy and an almost crusade-like campaign to "eradicate" corruption from Thai politics. In order to achieve this, the junta has created fully appointed government bodies that have been busy "reforming" the country and also claim to adhere to a very high ethical standard.
And then this happens:
A report published by the investigative newsite Isra News revealed that 57 lawmakers in the 220-member National Legislative Assembly (NLA) have hired their own spouses, siblings, children, and cousins as staff.
Salaries for the aides range from 15,000 - 24,000 baht per month. The positions awarded to relatives include legislative specialists, who must hold a bachelor’s degree or higher, experts, who need at least three years of relevant work experience, and assistants, who must be at least 18 years old.
"Thai Government Defends Hiring Relatives", Khaosod English, February 28, 2015
For example, Nipon Narapitakkul has appointed his wife, daughter and son to help with his work while Adm Taratorn Kajitsuwan appointed his wife and daughter.
As the regulation states that one person can take only one position at a time, Adm Taratorn appointed his wife three times to different positions, with the latest one as personal specialist, effective on Jan 1, 2015.
"57 lawmakers name kin as aides", Bangkok Post, February 27, 2015
This is rather embarrassing for these people since they are supposed to be much, much better than your regular (elected) politicians. In fact, it is the same political camp - though a different government body (the Constitutional Drafting Committee) - that has recently floated the proposal to have an "indirectly elected" Senate that is essentially nothing but a fully appointed one, as we have deconstructed last week.
It is also the same political camp that have been vocally against the constitutional amendments by the government of then-Prime Minister Yingluck Shinawatra (ironically the younger sister of former Premier Thaksin) that would have not only made the Senate a fully elected one, but also done away with the one term-limits and (surprise!) direct relatives of politicians to run for office - a regulation previously set by the 2007 Constitution after the previous military coup of 2006! The opponents were that vocal, so much so that they dragged the case to the Constitutional Court and won.
So, how are the current military government and its lawmakers reacting? Like nothing has happened apparently:
National Legislative Assembly President Pornpetch Wichitcholchai said the regulations did not prohibit NLA members from appointing their spouses and children as their helpers, and thus making them eligible for salaries from the state.
When asked whether the practice was appropriate, Pornpetch said the NLA simply wanted to have helpers whom they could trust and the practice has been done earlier.
"President says NLA members can hire spouses, children as helpers", The Nation, February 27, 2015
Today [Saturday] a member of the ruling military junta also came out to defend the practice.
"I share the same view as Mr. Pornpetch. They didn't break any laws," said army chief and junta member Gen. Udomdet Sitabutr. "Your relatives have knowledge and expertise, and be qualified for the jobs. This is personal matter, and it is in accordance with the regulations about what is prohibited and what is not prohibited."
"Thai Government Defends Hiring Relatives", Khaosod English, February 28, 2015
And of course, the junta leader and Prime Minister also chimed in on this as well, saying that
พล.อ.ประยุทธ์ จันทร์โอชา นายกรัฐมนตรี (...) ว่า (...) อย่าไปพันกันกับเรื่องสภาผัว-สภาเมีย เพราะมันคนละสมัย ครั้งนั้นก็บอกว่ากฎหมายไม่ได้ห้าม ครั้งนี้ก็เหมือนกัน (...)
Prime Minister General Prayuth Chan-ocha (...) said that (...) this shouldn't be confused for the house-wife Senate [as mentioned above] because that was at a different time and back then it wasn't illegal either, as it is this time (...).
มีเหตุผลความจำเป็นหรือไม่ หรืออาจจะเขียนกฎหมายในรัฐธรรมนูญหรือระเบียบเพื่อระบุว่ากลไกเหล่านี้จะต้องไม่มีครอบครัวซึ่งจะเขียนได้หรือไม่ตนก็ไม่ทราบ (...) เพราะทุกคนก็ต้องการประชาธิปไตยอีกทั้งเป็นเรื่องส่วนบุคคลด้วย เรื่องนี้คงต้องพูดด้วยกฎหมาย แต่ถ้าถามตนว่าถูกหรือไม่ ตนไม่ขอตอบ
"Whether or not it is necessary to write in the constitution or into law to specify that there can be no family members [being employed] I don't know, (...) because everybody needs democracy, but it is also a personal matter. This matter has to be addressed by law but if you ask me if it's right or wrong, I prefer not to answer.
"นายกฯยันสนช.ตั้งลูก เมีย ญาติเป็นที่ปรึกษาได้ ไม่ผิดกม.", Krungthep Turakij, March 1, 2015
The problem in this obvious case of nepotism is not so much whether or not it is illegal (it isn't, but then again it's the junta currently making up their own new rules), but rather that it is highly unethical, especially because this government and its fully-appointed bodies claims to adhere itself to a much higher ethical standard.
Thai junta's constitution drafters propose 'indirectly elected' Senate
Originally published at Siam Voices on February 27, 2015
The Constitutional Drafting Committee are continuing to re-write the political rule book for a post-coup Thailand. But, like with all the military junta's government bodies, the claim to "reform" and bring "true democracy" is questionable, as the most recent proposals for an unelected sorry, "indirectly elected" Senate shows.
One of the key elements of Thailand's military government is the Constitutional Draft Committee (CDC), which is tasked to, well, write a new constitution that lays the legal groundwork for a new elected government (when we actually get there is another matter), the first one since the military coup last May that has temporarily indefinitely suspended electoral democracy. However, just like all other government bodies of the Thai junta - such as the National Legislative Assembly (NLA), the rubber-stamping ersatz-parliament, and the National Reform Council (NRC), a rather exclusive group suggesting wide-ranging reforms - the CDC is fully-appointed and of questionable political bias.
Since its nomination in November, the 36-member strong committee has 120 days to accomplish the herculean task to not only write a new charter, but also to have one that (appears to at least) curtail what they call "parliamentarian dictatorship", which they and their allies accuse the past successfully elected governments associated to former Prime Minister Thaksin Shinawatra of, including the last one of his sister Yingluck Shinawatra before it got toppled by the military that is running the country now.
Among the many changes the CDC is currently proposing is the make-up of the Senate, the Upper House next to the House of Representatives. In pre-2014 coup Thailand (and thus post-2006 coup), the 150-member Senate was half-elected and half-appointed. But now, the CDC is suggesting this model instead:
Thailand's new 200-member Senate (...) will be chosen from pools of candidates, including former premiers, ex-military leaders and representatives of different professions, another committee spokesman, Lertrat Ratanavanich, said Wednesday. They can only serve one six-year term.
"Thai constitution drafters say Senate to be unelected", Associated Press, February 26, 2015
This doesn't sound as straightforward as the previous system, so how will they be exactly chosen?
The Senate will consist of 200 members, half of whom will be chosen by the council of "experts," which Bowornsak described as "a diverse group of individuals with expertise and morality about politics, national administration, the judicial system, society, ethnology, and folk wisdom."
It remains unclear how the council of experts will be chosen.
The other Senators - also appointed - will be chosen from a pool of former high-level politicians and bureaucrats such as prime ministers, military commanders, parliament speakers, judicial leaders, and representatives from other civic organizations.
"Junta's Charter Drafter Clarifies 'Unelected' Senate", Khaosod English, February 26, 2015
In case you're wondering how this "pool" of candidates is being set up, here's the complete list:
Senators will be selected from among five categories of people: former prime ministers, former Supreme Court presidents and former parliament presidents; former high-ranking state officials such as military leaders and permanent secretaries; heads of legally registered professional organisations; people's organisations such as labour unions, agricultural co-operatives and academics; and other groups such as lawyers, environmental activists, poverty networks and healthcare experts.
Senators from the first four groups will be selected from among themselves, while those from the fifth will be nominated by a screening committee and selected by the National People's Assembly and executives and members of local administrative bodies.
"CDC agrees to indirect Senate pick", Bangkok Post, February 26, 2015
So basically a bunch of yet-to-be-defined committees supposedly representing a broad spectrum of the population would be tasked to choose the candidates for the Senate, making it practically fully appointed.
However, the chairman of the CDC, Bowornsak Uwanno (pictured above), does not agree with this notion:
"Certain newspapers and TV channels have identified the new Senate as unelected," CDC chairman Bowornsak Uwanno said at a press conference today. "It's not lovely. It's an inaccurate presentation of news.” (...)
However, the CDC chairman stressed today that elected members of local administrative organizations will be included in the process of selecting senators, because they will be responsible from choosing 100 senators from a list of 200 candidates approved by the panel of "experts."
"Therefore, accusations that the new Senate is unelected are false," Bowornsak said.
He also told reporters that some foreign countries have similar parliamentary models, citing France, though he failed to point out that French senators are indirectly elected by a "super-electorate" of elected local and regional officials, whose options are not screened by any unelected panel of professionals.
"Junta's Charter Drafter Clarifies 'Unelected' Senate", Khaosod English, February 26, 2015
OK, so he is saying that it is still a democratic process because the people are voting the local officials, who then, alongside other officials, are going to pick 100 senators pre-selected from a yet-to-be-defined-but-very-likely-appointed "expert" vetting panel, which still leaves the other 100 senators to be chosen in a yet-to-be-defined-but-also-very-likely-appointed fashion.
And how large is that percentage of elected local officials who would be picking the senators? It doesn't matter, because the military junta has suspended local elections anyways and replaced outgoing officials with - guess what? - appointed ones!
To say that CDC chairman Bowornsak's argument that the Senate wouldn't be unelected is shaky at best and at worst rather disingenuous, which makes the description of an "indirectly elected" upper House one hell of a political euphemism.
There's a certain irony here when you compare this to the efforts during the Yingluck administration to amend the constitution to make the Senate fully-elected again. While the underlying motivations could still be questioned, the principle of a fully-elected Senate was enough of a reason for the Constitutional Court, in what many observers say a politically charged verdict, to outlaw these proposed amendments. Even worse, the National Anti-Corruption Commission (NACC) - which has recently impeached the already toppled former PM Yingluck - was going after most of the lawmakers involved and is thinking about doing it again.
And now (arguably) the same similarly politically-aligned camp that was against the previous amendments and is now running the country (one striking example is Rosana Tositrakul, back then an appointed senator who petitioned the Constitutional Court and now, surprise, a member of the National Reform Council), is now floating the proposal for a Senate that really isn't elected at all.
Thailand’s new cyber laws – Part 5: Admin error
Originally published at Siam Voices on February 26, 2015
In the last part of our Siam Voices series examining the new cyber laws, we chronicle the criticism against and the defense for the controversial bills - and what’s behind the military junta’s motivation to push these into law.
In the past two weeks we have analyzed the cyber law bills for its potential impact on policies, censorship and also business. More often than not we found that the flaws outweigh the benefits and, if signed into law without large-scale amendments will have very serious implications of the civil liberties, free speech, personal privacy and even e-commerce of every Thai internet user - except for those in charge of the law.
So it is no wonder why there has been a significant amount of criticism against the cyber bills. Here’s just a small selection:
"Proposed cyber-security legislation in Thailand represents a clear and present danger to media freedoms," said Shawn Crispin, CPJ's senior Southeast Asia representative. "If Prime Minister Prayuth is sincere about returning the country to democracy, he should see that Parliament scraps this bill, which is reminiscent of a police state, and instead enact laws that uphold online freedoms."
”Cyber security bill threatens media freedom in Thailand”, Committee to Protect Journalists, January 20, 2015
"The consumers will feel that they are being watched when they go online,” said Arthit Suriyawongkul, an expert on cyber and computer law from the Thai Netizen Network. (…)
“They'll feel unsure about sharing their private information fearing that officials could abuse their privacy,” Mr Arthit said. “If consumers are not confident then online businesses will suffer."
"Fears over Thailand's online freedom, as junta drives towards digital economy”, Channel NewsAsia, January 29, 2015
Six civil organizations [Thai Netizen Network, FTA Watch, Foundation for Community Education Media (FCEM), Green World Foundation, People’s Media Development Institute, and Thailand Association for the Blind (TAB)] denounced the eight Digital Economy bills recently approved by the junta, saying they are national security bills in disguise and that the bill will pave the way for a state monopoly of the telecommunication business.
"Thai junta’s Digital Economy bills are national security bills in disguise: rights groups”, Prachatai English, January 14, 2015
Also, almost 22,000 people have signed an online-petition against the bills, calling for them to be stopped.
At the moment the right cyber bills are in the military junta’s all-appointed ersatz-parliament, the National Legislative Assembly (NLA) - dominated by active and former military officers - and are awaiting deliberation. It is not expected that the rubber-stamping body will be making any fundamental changes to the drafts.
Nevertheless, the military government’s response to the criticism is - like with any other criticism out there - aggravated and irritated. Prime Minister General Prayuth Chan-ocha responded in his usual style:
“We will develop software for goods and services. If there is private [online] content, no one would mess with it. But if [some people] commit crimes [such as lèse majesté], we have to investigate the matter. The accusation that the government is not taking care of Article 112 [of the Criminal Code, known as the lèse majesté law] is because those lèse majesté websites operate from overseas.
"Junta leader admits controversial digital economy bills target lèse majesté”, Prachatai English, January 22, 2015
And when pressed by another reporter…
"Today, have I ever restricted anyone's rights? Have I ever done that?" asked Gen. Prayuth, who imposed martial law after leading a military coup on 22 May 2014, and has banned any political protests or public criticism of his regime.
The reporter pressed Gen. Prayuth to justify the sweeping nature of the bill, prompting Gen. Prayuth to lose his temper and shout, "I don't have to answer why! I will pass it. You have a problem with that? Otherwise, why the hell am I the Prime Minister? Why am I the Prime Minister?"
Gen. Prayuth then walked away from the reporters and said angrily, "I'm in a very bad mood."
"Thai Junta Leader Deflects Concern Over Mass Surveillance Bill”, Khaosod English, January 21, 2015
This incident at a small activist symposium shows how much the military government is trying to claim its narrative over the bills:
Also present at the Bangkok symposium was an Army Lieutenant who arrived uninvited with three other soldiers in an armoured Humvee and "asked" to be allowed to defend the draft bills. (…)
Army Lieutenant Kittiphob Tiensiriwong (…) urged the 35-strong crowd to accept the bills, saying that the NLA had good intentions but acknowledging that the bills must have more positive than negative aspects.
When asked to explain, Kittiphob, who did not remove his footwear like the other participants, said there were times when speedy access to the Internet was needed.
He said the bills aimed "to control those who think unlike others - those who have their own mind and are not considering the thinking of the collective."
"Calls to hold cyber bills until democracy is restored”, The Nation, February 2, 2015
While this should come as no surprise to anyone, that right there is actual main motivation of the military junta for the cyber law bills and for the way it was written! Ever since the military coup in last May, one of the key elements of its tight grip is the massive monitoring of the media, including online, to curtail any signs of criticism and dissent.
Even without the cyber laws and thanks to the still ongoing martial law, the military junta has already taken steps for wide-spread online surveillance as we have previously reported, as well as ordering Thai internet service providers to preemptively block websites. Since then, there have been further developments that are in line with the authorities' efforts to scrutinize online traffic: the development of software to intercept secured SSL-connections, mandatory sim-card registrations (in a country that predominantly uses their phones with pre-paid subscriptions) as well as for free wifi and the reported creation of a "cyber warfare" unit by the Thai military.
The desire by Thai authorities to control the flow of information online is not new and was evident in past governments (see here, here, here and here), but under the authoritarian rule of the military junta, it can operate with no checks and balances - and thus also legalize its unprecedented powers to monitor, spy, filter, censor and collect anything online.
The main purpose of an army is to protect the country from external threats, but history has shown that the Thai army has mainly acted against the Thai people. Now with the new online surveillance measures and the cyber law bills, the Thai military and the junta is expanding its fields of operations (or rather battlespace) to the cyberspace - and thus not against an external force, but again against every Thai internet user.
THAILAND'S NEW CYBER LAWS: Part 1: Introduction - Part 2: Changes to Computer Crime Act - Part 3: Far-reaching and all-encompassing cyber security - Part 4: Bad for business, too! - Part 5: Admin error
Thailand’s new cyber laws – Part 4: Bad for business, too!
Originally published at Siam Voices on February 25, 2015
In the fourth part of our series examining Thailand's new and controversial cyber laws, we look at the impact it can have on business - and it doesn't necessarily look very profitable.
In the last couple of instalments of this series, we have highlighted the pitfalls, flaws and loopholes of some of the new proposed cyber laws of the Thai military government. Obviously, since this blog mainly focusses on politics and media freedom, we have so far examined the bills with regards to cyber security, surveillance and its implications on censorship, civil liberties and privacy.
However, for some people and entities these aspects are simply not on the top of their priority list - and we’re not talking about the junta this time! No, this time we mean the economic sector. And it is often said from that direction that an effective, stable political situation is preferable - cynics would argue that democratic values are not economic factors.
The main selling point by the current military junta of the new cyber laws is to lay out the legal groundwork to improve the conditions for Thailand’s ”digital economy” and thus position the country more competitively, especially with the ASEAN Economic Community lurking just around the corner. Another objective is to integrate governance and state business better in to the ”digital economy” as well.
And there are some very good reasons to focus on that: With an internet penetration of 35 per cent (roughly 28.3m people) and an even higher percentage of mobile phone users (125 per cent or 84m people, in fact more than the actual Thai population!), there are a lot of opportunities to be made digitally (source and more stats here).
But when you take a closer look at the eight different cyber law bills, there are many passages that also potentially can spell bad business as well. As usual, the devil is in the details.
Let's start off with the Personal Data Protection bill (full translation available here). As the name of the bill implies, it is initially set up to (supposedly) protect personal data of every Thai online user and for that reason a committee overseeing that would also include representatives of three consumer protection NGOs on board. According to Article 7 of the new bill however, they are now gone and have been replaced by the Secretary of the National Security Council instead.
And it doesn't get any better as we encounter yet another example of a typical problem when it comes to Thai legalese:
The draft bill also imposes significant legal burdens on foreign tech companies as responsibility falls solely on the data controller. Such companies would also run a greater risk of being subject to legal action, said Dhiraphol Suwanprateep, a partner at Baker & McKenzie. (...)
He said the bill posed a challenge for the government's digital economy policy, as there is no clear distinction between "personal data processor" and "personal data controller". The draft only identifies a data controller as the person with the authority to control and manage his or her personal information.
"Data processor" typically refers to a third party that processes personal data on behalf of a data controller, Mr Dhiraphol said. In the absence of such identification in the bill, data processors such as internet service providers, web hosting providers, cloud service providers and content hosting platforms could be broadly interpreted as a data controller. (...)
"If there is no separate definition between data controllers and data processors, it will be difficult to enforce the law, as most technology businesses are dwelling on cloud-based services which are physically located outside the country," Mr Dhiraphol said.
"This will not attract foreign investors into Thailand, as stringent legislation would rather hamper businesses' innovative technology instead of promoting Thailand as a digital economy hub for the Asean Economic Community."
"Legal expert shreds data security bill", Bangkok Post, January 26, 2015
Another passage at Article 25 would affect a lot of different sectors as well:
Section 25: Any collection of personal data pertaining to ethnicity, race, political opinions, doctrinal, religious or philosophical beliefs, sexual behaviour, criminal records, health records, or of any data which may upset another person’s or the people’s feelings as prescribed by the Committee, without the consent of the Data Owner or the person(s) concerned, is prohibited, (...)
Following the words of the law, it would make it very difficult to use somebody's yet-to-be-defined "personal information" for any kind of work without their permission. For example, journalists wouldn't be able to use these sources for any critical investigation or marketing campaigns and wouldn't be able to implement social media posts (unless they write some crafty terms of services that nobody reads anyways).
Another crucial point of contention for many critics is the upcoming allocation of new frequency spectrum that would bring 4G mobile connection to Thailand (and hopefully soon and not as drawn-out as the farcical 3G auction was). However...
It also empowers the [Digital Economy Commission chaired by the Prime Minister] to order any private telecommunications operator to act or refraining from acting in any way and also compels companies to provide information on request as well as hand over executives for questioning.
The portfolio of digital economy laws also has a new frequency act that gives the final say in spectrum allocation to the Digital Economy Commission and emancipates the telecommunications regulator, leaving it in charge only of commercial spectrum and imposing strict budget controls on the former autonomous agency. (...)
But while on the one hand [the government] are signalling compromise with the aforementioned committee, the junta are also threatening that 4G will be delayed unless the laws are passed quickly, and of course everyone loves more bandwidth.
"Thai spying law controversy rages on", Telecomasia.net, February 6, 2015
And generally one of the biggest problems is that the cyber law bills are creating a bureaucratic monster:
Paiboon Amornpinyokait, an expert on cyber and computer law, said (...) they gave too much power to the new Ministry of Digital Economy and Society by allowing it to oversee too many areas.
They include areas currently under the jurisdiction of the National Broadcasting and Telecommunications Commission (NBTC) Bill, the Cyber Security Bill, the New Computer Crime Bill, the Personal Data Protection Bill, the Digital Economy Promotion Bill, and the Digital Economy Development Fund Bill.
Paiboon said the bills would result in too much centralised power and will give too much authority to officials or authorities, which could easily lead to abuse of power.
"Digital economy bills 'need to be amended'", The Nation, January 19, 2015
These passages and many other legislative pitfalls that we haven't covered yet show that this is not only a matter of human rights, free speech and personal privacy, but it also could have potentially serious implications for the economy and scare away potential foreign investors.
Just as the military junta tries to fix the economy and could be doing more harm than good, these batch of cyber bills could have the same effect as well if they're not being thoroughly amended or rejected by the junta's ersatz-parliament. As we explain in the next and last past of our series, there is definitely not a lack of criticism from all sides but a severe lack of justification from Thailand's military junta.
Translated sections of draft bills by Thai Netizen Network. You can read complete translations here.
THAILAND'S NEW CYBER LAWS: Part 1: Introduction - Part 2: Changes to Computer Crime Act - Part 3: Far-reaching and all-encompassing cyber security - Part 4: Bad for business, too! - Part 5: Admin error
Upcoming FCCT panel to feature Thai political heavyweights - if the junta allows it...
Originally published at Siam Voices on February 24, 2015 The Foreign Correspondent's Club of Thailand (FCCT) has just announced this upcoming panel discussion in March.
The Future of Politics in Thailand7pm, Wednesday March 11, 2015
Non-members: 350 Baht entry; Members: Free entryWhat kind if future does the military's reform programme promise for Thailand? And will there be space for existing political parties in this new future?
For the first time since the coup, the FCCT is pleased to host a high-level debate, by inviting some of the country's most experienced politicians to the club.
Alongkorn Polabutr, senior member of the National Reform Council and former deputy leader, Democrat Party
Chaturon Chaiseng, former Education Minister, Pheu Thai Party
Kasit Piromya, former Foreign Minister, Democrat Party
Phongthep Thepkanjana, Former Deputy Prime Minister, Pheu Thai Party
This really looks interesting because this indeed an illustrious high-profile panel. A couple of notes about the panelists:
Alongkorn Polabutr was considered by many as the prospect to reform and revive the ailing "Democrat" Party, as he was the most vocal advocate calling on his fellow party members to stop blaming vote-buying for the streak of election losses. However, in late 2013 - during the anti-Yingluck government protests and weeks away from snap-elections - he was practically demoted from his position as deputy leader of the "Democrat" Party. This likely contributed to his departure from the party last November but also, much to the dismay of many progressive supporters, to his joining the junta-installed and fully-appointed National Reform Council. Being a NRC member alone makes him a high-profile panelist.
Chaturon Chaiseng is regarded as stalwart from the era of former Prime Minister Thaksin Shinawatra, as he filled many positions in his cabinet: Prime Minister's Office Minister (2001–02), Justice Minister (2002), Deputy Prime Minister (2002–05), and Minister of Education (2005–06). After Thaksin's government was toppled by the 2006 military coup, his Thai Rak Thai Party was subsequently disbanded and most of its members, including Chaturon, banned from politics for five years. Chaturon returned to the Yingluck government in mid-2013 as Education Minister, but was putsched again in May 2014. He was one of the few to defy the junta's mass summons and appeared at the FCCT to give a press conference, only for the military to barge in, arrest him on the spot and bring him in front of a military court. He's currently out on bail and returns to the very same spot at the FCCT next month.
Kasit Piromya. It is often said that the diplomatic sensibilities of the former ambassador to Germany and Japan (especially by this author) are more akin to a wrecking ball. Especially during his tenure as Foreign Minister under Prime Minister Abhisit Vejjajiva (2009-11), he seemed to be solely focused on the fugitive, self-exiled Prime Minister Thaksin. In any case, if circumstances are right, he can be highly entertaining to watch.
Phongthep Thepkanjana is another ex-cabinet member of Thaksin Shinawatra (Minister of Justice, Minister of Energy, Minister to the Prime Minister’s Office - see a pattern?) and was Chaturon's predecessor as Education Minister in Yingluck's cabinet.
In any case, it should also be interesting to see, considering at least 50 per cent of the panel, if the Thai military will actually allow the event to take place or at least send a representative with in a humvee to "defend" the government's point of view.
Thai junta lays groundwork for its own guided democracy
Originally published at Siam Voices on February 16, 2015 As the Thai military government pushes ahead with its so-called reform plans, the legal groundwork in form of some sort of reform continuation body is being laid out so that the generals will have enough power to influence Thai politics for the foreseeable future.
One line often purported by the Thai military junta is the need to "reform" Thailand's dysfunctional political system before there can be any return to elections or democracy in general. But one of the main motivations of the generals and their allies in the all-appointed government bodies, including the "National Reform Council" (NRC) and the "Constitutional Drafting Committee" (CDC), is to permanently exert control over an eventually elected government.
And exactly this seems to be happening:
Constitution drafters decided yesterday to set up a national reform body and empower it by adding it to the new constitution, so reform work and plans will be continued by future governments.
Constitution Drafting Committee (CDC) member Kamnoon Sidhisamarn proposed the idea of setting up the organisation, reasoning that if the agency's role is spelled out in the new charter, the National Reform Council (NRC)'s work would not be wasted.
"With this national reform body, NRC proposals can be synchronised not just for now, but for the next five years," he said.
"CDC agrees to set up, empower new reform body", The Nation, February 14, 2015
Basically it seems that they're creating an extra-parliamentary body that will be constitutionally enshrined and it also seems that they're going to stay longer than the usual four-year term of a government (unless they're going to change that as well), which hints at the long-standing problem in Thai politics that no elected government has stayed long enough in office to see their planned polices through, let alone even survive a full term (with the notable exception of former Prime Minister Thaksin Shinawatra).
To ensure that the reforms of the junta are actually being carried out, the drafters have put in these constitutional failsafes:
Under the proposals, those responsible for implementing reforms would be obliged to complete them within a specified time frame of between one and nine years.
The subcommittee has suggested that failure to complete reforms on schedule would constitute dereliction of duty — a criminal offence.
"CDC backs reform safeguards", Bangkok Post, February 13, 2015
That's at least two consecutive terms to put the "reform" plans to actions - or else face charges. That's apparently how the military junta and its government bodies doubles down on their project to fundamentally change the Thai political system and also to safeguard their undertaking, making a clear sign that the current powers-to-be are here to stay - even after a somewhat democratic election. Sounds familiar.
Tongue-Thai’ed! - Tough week for Prayuth ends in another tirade
Originally published at Siam Voices on January 30, 2015 This is part XXIX of “Tongue-Thai’ed!”, an ongoing series where we collect the most baffling, ridiculous, confusing, outrageous and appalling quotes from Thai politicians and other public figures. Check out all past entries here.
It's been quite an eventful week in Thailand and a challenging one for the military government. Not only did it feel the need to assert its sovereignty after it was "wounded" by the critical remarks by Daniel R. Russel, US Assistant Secretary of State for East Asian and Pacific Affairs, on Monday (we reported), but also by summoning "inviting" the US Chargé d'affaires W. Patrick Murphy to express its "disappointment" (we also reported on that).
This diplomatic spat with the United States also kept Thai junta leader and Prime Minister General Prayuth Chan-ocha busy, who retaliated declaring that "Thai democracy will never die, because I’m a soldier with a democratic heart," and that it "It saddens me that the United States does not understand the reason why I had to intervene and does not understand the way we work."
Those who expected that things would calm down for the rest of the week were also disappointed, because that's when the military junta really just started to get going. Within 24 hours it summoned four former ministers from the cabinet of toppled former Prime Minister Yingluck Shinawatra (Surapong Tovichakchaikul, fmr Min. of Foreign Affairs; Nattawut Saikua, fmr Dep.-Min. of Agriculture; Chaturon Chaisaeng, fmr Min. of Education; and Pichai Naripthaphan, fmr Min. of Energy). This followed their public criticism of the military government, especially after the retroactive impeachment of Yingluck last Friday.
And then on Thursday, the junta ordered the Friedrich-Ebert-Foundation to cancel an event scheduled for Friday. The German political NGO intended to present their annual report on the state of the media in Asia.
Given these developments, there was a lot of questions for the military government. So, at a press conference on Thursday, the media were asking General Prayuth about the summons - and this is what he had to say:
Unlike last year's summons, the orders given to the four politicians in recent days were not written into official documents or publicly announced on television. Junta chairman and Prime Minister Prayuth Chan-ocha explained today that formal notices are no longer necessary. "No need. The [junta] directly contacts and invites these people," Gen. Prayuth said (...). "I don't want it to become big news. When we invite them, we use telephones to call them for talks." (...)
When a reporter asked whether anyone who publicly comments on the political situation in Thailand will be summoned for "attitude readjustment," Gen. Prayuth shot back, "Is it the right thing to say those things? Is it appropriate to say them in this time? That's all. You keep making this a big issue with your questions."
"Thai Junta Renews Summons Orders to Quash Criticism", Khaosod English, January 29, 2015
And this is where Prayuth really got started...
When the reporter pressed Gen. Prayuth to answer, the junta chairman launched into an angry tirade.
"You will be summoned too, if you keep asking many questions like this," he said. "You ask unconstructive questions. I want to ask you, is it a right thing to do, challenging my full power? Even though I have such full power, these people still challenge it like this. If there's no martial law, what's going to happen? You all know the answer. Do you want it to happen?"
He continued, "I know that the media wants it to happen, so that they can sell news ... I am [the head of] the government. I have full power. Is it the right thing to challenge it like this? I have relaxed my power too much already these days."
Responding to a reporter who noted that the NCPO seems to be intensifying its crackdown on criticism, Gen. Prayuth shouted, "So what? So what? In the past, you said I was incompetent. Now that I am intensifying, you are angry. What the hell do you want me to do?"
Swiftly changing the topic, the junta chairman also scolded the media for publishing a photo of him inadvertently pointing his middle finger, which appeared in Post Today.
"I am not mad on power. You don't understand it. You keep picking on me," Gen. Prayuth said. "Yesterday, for instance. How can you photograph me like that? I was pointing my finger. You bastard. You chose to photograph me pointing my finger. This is what they call a lowly mind."
"Thai Junta Renews Summons Orders to Quash Criticism", Khaosod English, January 29, 2015
Just to give you a general idea how much of a tirade it was, just take a look at this video of the aforementioned press conference. As regular readers know, General Prayuth's relationship with the media is always a tense one with the former always being sardonic - but this here takes the cake!
Note: If anybody knows a better translation for the Thai swear word "ไอ้ห่า", please let me know!
Interview with Patrick Winn: New documentary explores vice and violence in Thailand's Deep South
Originally published at Siam Voices on December 9, 2014 Saksith Saiyasombut speaks to award-winning journalist Patrick Winn about his new documentary 'Red Light Jihad'
Bars line the street, on display are neon lights, beer signs and women trying to lure in passing revelers. This scene could be anywhere in Thailand, but this particular red light district in Su-ngai Kolok is on the border with Malaysia in Narathiwat province. Here, soldiers and military vehicles patrol the streets to protect the sex workers and the Malaysian men they cater to from the very real possibility of attacks by Muslim insurgents.
That is the backdrop for 'Red Light Jihad: Thai Vice Under Attack', a short documentary made by Patrick Winn and Mark Oltmanns for the Global Post. Su-ngai Kolok is representative of the distrust, fear and sense of injustice that permeates life in the southernmost, predominantly Muslim provinces in Thailand. The insurgency has claimed more than 5,000 lives in the past decade.
Siam Voices spoke with Global Post's award-winning senior Southeast Asia correspondent Patrick Winn earlier this week via email about his new documentary and the challenges they encountered making it. The interview starts after the trailer below.
[vimeo 111646573 w=623 h=350]
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Saksith Saiyasombut: Patrick, tell us a little about how this idea for the documentary came about?
Patrick Winn: Most Thais and foreigners alike tend to regard the southern insurgency zone as a hostile, alien place. And yet there’s this raging red-light scene that attracts tons of guys. They’re mostly men from parts of Malaysia under Sharia law, which forbids the bars, prostitution and assorted vice available in Thailand.
Obviously, that situation has all the ingredients needed for a fascinating story. Around this time last year, I considered using the red-light scene as a window into this conflict. So I set out to understand the motivations of the tourists, the sex workers and the jihadis who see all this vice as an intrusion into their homeland.
I was extremely lucky to bring on a highly talented videographer, Mark Oltmanns, who’s also a Thai speaker. It was our second time reporting as a duo on the Deep South.
Saiyasombut: As you just said, this isn’t the first time that you have covered the Deep South - was there anything this time that felt different, especially given the scope of this documentary?
Winn: Actually, no. Martial law may be the new normal for post-coup Thailand but it’s the old normal for the deep south. People have grown numb to the checkpoints, razor wire and violence. The mood is consistent: anxious and not terribly hopeful.
This project was more difficult for me personally because I witnessed a fatal bombing. While reporting in May, I heard a series of thundering booms in my hotel room and rushed out the street. Several blocks away, a woman wearing a hijab was laying face down in the road. She’d been killed by a motorbike bomb. I knew the woman was already dead because she was half-covered with a sheet and emergency workers were unhurriedly removing her gold jewelry. She did not appear to be a target. Just an very unlucky passerby. It was incredibly tragic.
The reactions from shopkeepers, hostesses and others I interviewed after the bombing were also disturbing. They were able to quickly shrug off the violence. Lots of nervous laughter, which is a common Thai coping mechanism.
Saiyasombut: What was the most surprising thing you have encountered during the research and filming? And what was the biggest challenge?
Winn: I was surprised at the candor of the sex workers. There are plenty of reasons why someone with that job wouldn’t want to get mic’d up on camera and answer nosey questions from a foreign journalist. But the women we interviewed seemed eager to drop the happy, smiley mask and just vent. There’s plenty to vent about. They face all the dangers and annoyances any sex worker faces plus the ever-present threat of bombs or bullets. This job requires a lot of cunning and perseverance.
As always, the biggest challenge in reporting on Thailand’s insurgency is representing the jihadi perspective. Even the Taliban and the Islamic State have press officers. But Thailand’s rebellion is infamously murky.
It took some cajoling to get the former leader of a now-defunct insurgent umbrella group called Bersatu to go on camera. His name is Wan Kadir. He’s from Pattani province but says he served in the US army as a non-citizen during the Vietnam War, returned to the states and joined American anti-war protests. That later influenced his zeal to liberate Thailand’s Muslim deep south.
Saiyasombut: The current conflict in the south has been going on for over a decade now with thousands of casualties and despite repeated efforts there’s no apparent resolution in sight - what did you hear on the ground? What are their thoughts about the conflict and do they have any hope for improvement?
Winn: My sense is that hope for improvement among Malays in Thailand runs low. I’m basing this on conversations with a range of sources: everyday non-political folks, activists, separatists and so on. They see that the conflict is entrenched. The Thai establishment isn’t going to cede any power. And Muslim Malay society isn’t going to suddenly transform into a bunch of Buddhist Thais.
Saiyasombut: What’s the impression you’re getting from the Thai authorities? Do they have a better grasp of what’s going on than their superiors in Bangkok?
Winn: The local authorities obviously know their terrain far better than the generals in Bangkok. That doesn’t mean they’re particularly well suited to mediate between Buddhists and Muslims. The factionalism runs very deep. The army fosters a siege mentality. They heavily defend minority Buddhist villages and tend to see all-Muslim areas as danger zones.
For example, in the documentary, you’ll hear a Thai colonel saying that “not all Muslims are bad... but my primary responsibility is to this Buddhist militia.” He’s referring to the "Or Ror Bor", an almost entirely Thai Buddhist armed volunteer force.
For brevity’s sake, I’m painting with a broad brush here: there are also plenty of young troops doing the best they can to behave decently in a violent and unpredictable place.
Saiyasombut: Many different Thai governments have tried to resolve the conflict in the South, none of them successful. The current military government has launched another attempt, but has been very vague about it so far. What really needs to be done?
Winn: The solution is fairly obvious: more autonomy for Malay Muslims, who comprise 80 percent of the deep south’s population. I think most could tolerate living under the Thai state but they’d like much more authority in managing their own affairs. As it stands, the area feels a bit like an occupied colony.
Imagine you grow up in a hometown patrolled by young men with M-16s who can’t speak your language. Neither do most of your schoolteachers, who also preach obedience to an unfamiliar faith. You’re routinely frisked. Most of the major political decisions that affect your life are made by outsiders. It’s a recipe for rebellion.
The jihadis worsen the situation by giving the Thai state a pretext to step up its war footing. Malay Muslims also have to live in fear of separatists murdering them for “collaborating", which is almost impossible to avoid when you live under a system where Thais hold all the political and economic power. It must be exhausting.
The Thai government might relieve this pressure cooker by relinquishing more control. But the military junta is all about tightening control and imposing “happiness” by force. That didn’t work when the Siamese kingdom conquered this territory more than a century ago. They shouldn’t expect it to work now.
Saiyasombut: Thank you very much for the interview!
You can watch the documentary 'Red Light Jihad: Thai Vice Under Attack' over at Global Post. Patrick Winn can be followed on Twitter @BKKApologist and Mark Oltmanns' website can be found here.