Analysis: Déjà vu in Thailand as court annuls elections
Originally published at Siam Voices on March 22, 2014 The Constitutional Court's ruling to annul the February 2 elections Friday rewards those that attempted to stop the polls from taking place and marks a dangerous development in the ongoing political crisis - something that we have witnessed before.
16.57 สนนท ใช้สีสเปย์พ่นใส่ผ้าดำคำว่า " 20ล้าน + 3 < 6 RIP แสดงถึงสัญาลักษณ์คัดค้านศาลรัฐธรรมนูญ pic.twitter.com/13l8YGRM6P
— Note DN (@NoteBUJR) March 21, 2014
Activists have wrapped Democracy Monument in black cloth after the Constitutional Court's ruling to annul the February 2 elections. The text says "20 million [voters] + 3 < 6 [judges] RIP".
Ever since the anti-government protesters downsized their rallies and relocated to Lumphini Park earlier this month, the political battlefield has shifted its focus to the judiciary. Whether it's the crippling of the emergency decree (which has now been lifted) or the ruling against the 2 trillion Baht ($62bn) transport plan, the caretaker government of Prime Minister Yingluck Shinawatra has faced strong opposition and was handed a series of defeats at the hands of the courts.
On Friday, it suffered another setback:
The judges on Friday voted 6-3 to declare the Feb. 2 vote unconstitutional because elections were not held in 28 constituencies, where anti-government protesters had prevented candidates from registering. The constitution says the election must be held on the same day nationwide.
The court ordered that new elections take place.
"Thailand’s court rules elections invalid", Associated Press, March 21, 2014
The reasoning that the elections were not held on the same day is at best contentious thanks to a one-sided interpretation of the law*. Here's what fellow blogger Bangkok Pundit wrote before the ruling:
It is important to note that [Section 108 of the Constitution] doesn’t explicitly state the the election must be the same day, it is the election date must be fixed (or set) as the same date. These are slightly different things (...) if the election date is set nationwide for February 2 and then we have a natural disaster or political protests and elections in one more constituencies cannot take place, is this unconstitutional? Essentially, this will be the question considered by the Court, but then when it likely rules it was unconstitutional, the Court should make clear on specifically the extent of the problem.
"Thai court nullifies February election", Bangkok Pundit, March 21, 2014
*(Read Bangkok Pundit's in-depth analysis and legal expert Verapat Pariyawong's comment for more details.)
That is exactly what the Constitutional Court did NOT do! It did not acknowledge the circumstances that left the elections incomplete. The court didn't take into account that the Election Commission - especially commissioner Somchai Srisuthiyakorn - has been all too vocal in its reluctance to hold an election and has also been very hesitant scheduling the catch-up voting dates; it has only held re-runs in five provinces, moving the rest to April.
But the more severe implication of the court's ruling is that it rewards the anti-democratic behavior of the anti-government protests, since it was them that blocked voting stations in Bangkok and large parts in the South on election day and disrupted the candidacy registration back in December. To add further insult to injury for the caretaker government, the court dismissed its petition to outlaw the protests back in February, effectively endorsing the antics of the main protest group and its affiliates.
While the ruling also ordered for the whole election process to start over again, no time frame has been set yet by the Election Commission - that is, if we're actually going to get there in the first place. Not only has protest leader Suthep Thuagsuban already promised to derail any near-future elections (while not saying anything against the upcoming senate elections at the end of March - a crucial tool for a potential impeachment), but the caretaker government still has to endure further legal challenges against it.
The National Anti-Corruption Commission's (NACC) filed charges against Yingluck for alleged negligence of duty in the government's disastrous rice-pledging scheme and against 308 mostly government lawmakers for their role in constitutional amendments that would have changed the make-up of the senate - both cases could force them out of office.
Yesterday's decision by the Constitutional Court is a dangerous déjà vu that mirrors the events of 2006, where under similar beleaguered circumstances the government of then-PM and Yingluck's brother Thaksin Shinawatra called for snap elections, only to be boycotted by the opposition and to be annulled by the Constitutional Court. While a new election date was set, the military coup pre-empted it and exploited the power vacuum.
With similar circumstances today and the Yingluck government facing more legal torpedoes, the judiciary might have thrown do the gauntlet to pro-government red shirt supporters, which has recently seen a change at the helm: the promotion of Jatuporn Prompan as the leader of the umbrella organization United Front for Democracy against Dictatorship (UDD) signals a readiness for confrontation should the government by toppled.
That and the utter disregard by the protesters, the opposition (the Democrat Party refused to take part and many of its members are rather at the rallies) and now by the judiciary for the democratic principle of elections makes this development much more dangerous, as the political polarization is getting closer and closer to breaking point.
Thailand threatens to sue Singapore for 'stealing' Songkran
Originally published at Siam Voices on March 19, 2014 As April approaches again, so is the traditional Thai New Year's festival known as "Songkran". Many Thais will take the days off and travel to their families, conduct merit-making and/or join in the fun of splashing each other with water - which has arguably taken over as the main part of Songkran for many, most of all foreign tourists.
It is also arguably - besides the Christmas season - the time of year that is most heavily advertised by the Tourism Authority of Thailand (TAT) in order to bring in a lot tourists (and given the current political crisis, the country needs a lot of tourists now too). Where else in the world could you celebrate the Thai New Year other than in Thailand itself, right?
Well...
A Tourism Authority of Thailand (TAT) executive said on Tuesday that she plans to consult other state agencies to see if legal action could be taken to protect Thailand’s cultural heritage in the wake of a Singaporean plan to hold a “Songkran” festival in the city-state next month.
TAT Deputy Governor for Tourism Products Vilaiwan Twichasri said she would hold talks with officials at the Department of Intellectual Property, Ministry of Commerce and Ministry of Culture to study intellectual property provisions on the issue.
If the law allows, TAT could take legal steps to prevent member states of the Asean Economic Community from conducting and organising traditional cultural activities based on Thai arts and culture, such as Songkran and Loy Krathong festival.
"Suit eyed for Singapore Songkran", Bangkok Post, March 18, 2014
*gasp* How could they! How could the Singaporeans exploit something essentially Thai and attempt to make an easy buck at the same time when the tourists are to supposed to come to Thailand and spend their money here?
Don't let the ever vigilant Thai Ministry of Culture get hold of this...
A senior Culture Ministry official has threatened to sue organisers of a Songkran festival in Singapore next month, saying it will undermine the value of the rival Thai New Year celebration.
Culture Surveillance Bureau director Yupa Taweewattanakijbaworn said Songkran is not just about splashing water for fun, but is aimed at strengthening relationships between family members and communities.
Singapore is using the festival to promote tourism, without acknowledging the value of the traditions behind Songkran, she said. "This is wrong because the value of the traditional celebration is being distorted," she said.
"Official threatens to sue Singapore over Songkran", Bangkok Post, March 19, 2014
...too late! The self-proclaimed cultural heralds of 'Thainess' - or as we regularly call them "ThaiMiniCult" - yet again come out swinging hard, all in the name to protect the sanctimony of Thai culture - or the construct of what they believe it supposedly is. Just as seen numerous times in the past, the (moral) Thai authority knows best how to preserve our values and traditions against pesky foreign influences, as it happened with Thai food just to name one case. Or that one time where it saw Thailand's moral reputation endangered by a lame SNL-sketch? Or that other time Lady Gaga wanted to buy a fake watch? And does anybody still remember "planking"?
As if that wasn't enough, the "ThaiMiniCult" also has to explain us Thais what Songkran is actually about - and that is definitely not splashing water and dancing around topless (regardless that the moral crusade was undermined by a traditional painting depicting topless women on the ministry's website)!
Let's assume for a minute they would actually go ahead with a legal complaint: where would they file it? And since when has Thailand trademarked Songkran? Even if it would be a registered intangible cultural heritage - which the Thai authorities are working on hard lately - that wouldn't either. You cannot simply monopolize culture (something "ThaiMiniCult" regularly lays claim on domestically), even if you end up using it a marketing schtick - which the Thai officials are accusing Singapore of of doing exactly that, by the way.
Then there's the stated fear of Songkran being "distorted" from its original "Thai" roots. How are you going to forbid other countries to celebrate a festival that essentially the same? Mid-April marks the new year for many other countries in the region: Chaul Chnam Thmey in Cambodia, Thingyan in Burma, Pbee Mai Lao in Laos and even in Yunnan, China - they are all essentially celebrating the same festival with the same customs and traditions in the same way the Thais do.
And one more thing: nobody has thought of suing Thailand for its interpretation of Christmas - and its utter failure to acknowledge the values and tradition of that holiday - yet. Let's hope they don't try to steal it.
Thai PM Yingluck challenged to live TV debate by protest leader Suthep
Originally published at Siam Voices on February 28, 2014 During the campaign for the 2011 general elections, then-prime minister Abhisit Vejjajiva of the Democrat Party proposed a televised debate with his challenger Yingluck Shinawatra of the Pheu Thai Party, in the hope that the well-skilled public speaker could score some points against an at that time inexperienced and unproven politician - who ultimately declined. Since then, Pheu Thai assumed the rule, Yingluck became prime minister and Abhisit lost his manners. Furthermore, the Democrat Party has entirely given up on elections, many of its senior figures have now taken to the streets, bringing the entire political discourse to a halt.
For four months, anti-government protesters in Bangkok have done a lot - most of all disrupting the February 2 elections - in order to topple the government of Yingluck Shinawatra in their ongoing "crusade" to "eradicate" Yingluck's brother Thaksin's strong influence on Thai politics. In his regular nightly (and rabble-rousing) speeches, protest leader Suthep Thuagsuban reflects the group's uncompromising attitude and has consistently refused to negotiate with the caretaker government whatsoever (as seen here, here, here and just as recently as last Tuesday - links via Bangkok Pundit).
This stance, however, changed on Thursday:
Anti-government protest leader Suthep Thaugsuban has challenged Prime Minister Yingluck Shinawatra to one-on-one talks broadcast live on television in a bid to end the political deadlock. (...)
"If Khun Yingluck really wants to find a solution through talks, I ask her to make an appointment for a one-on-one meeting with me in an open setting," Suthep told reporters. "The talks should be broadcast live on TV so that the people know what is going on."
"Suthep calls for live TV talks with Yingluck", The Nation, February 28, 2014
The last time a Thai government openly held talks with anti-government protesters was in 2010 when then-prime minister Abhisit Vejjajiva met with the pro-Thaksin red shirts. While the talks were televised for everyone to see, the two-day negotiations ended in no result. But that was just three weeks into the protests and way before things really escalated. These current protests are entering their fifth month.
The timing of this apparent turnaround is noteworthy: the overall situation deteriorated with last week's attempts by the authorities to reclaim some protest sites escalating into a gunfight with protesters, killing six. Last weekend then saw attacks on rally sites in Bangkok and Trat that killed five people - four children were among the victims. Also since then, there have been reports of almost nightly gunfire and explosions near rally sites.
Politically the caretaker government is under pressure. It suffered a defeat at the hands of the judiciary last week when the Constitutional Court rejected its petition to outlaw the protests, showing remarkable indifference to the protesters' actions. Following that decision the Civil Court restricted the authorities' powers to deal with the protesters, effectively banning the dispersal of the rallies.
Caretaker-PM Yingluck herself is facing charges by the National Anti-Corruption Commission (NACC) for allegedly neglecting her duty in her implementation of the government's populist rice-pledging scheme. She did not personally show up to hear the charges and the red shirts - taking a page from the anti-government protesters' playbook - have chained up the anti-corruption agency.
PM Yingluck's reply to Suthep's live TV debate proposal:
Prime Minister Yingluck agrees to engage in a peaceful negotiation with Mr. Suthep. (...) Prime Minister asked Mr. Suthep whether he is ready to have the negotiation under the principle of the present Constitution and whether he is ready to end the protest to pave the way for the election (...) Though there is no basic principle for the negotiation process to be successful, there should at least be a common goal that both sides would initially like to attain through negotiation. If both sides continue to hold different view on the process, it would be difficult to find a common ground. (...) If each party does not show any sign of flexibility, in the end, we would not be able to find a common ground.
"Unofficial Translation of PM Yingluck’s reaction to Mr.Suthep’s announcement that is is ready to negotiate as reported in the Thai press." via Suranand Vejjajiva, February 27, 2014
Her statement is neither a flat-out rejection nor a full agreement: The protesters would have to end their rally and any proposal that is not "under the principle of the constitution" (e.g. Yingluck replaced by a 'neutral' caretaker-PM) would not be accepted by the government. And then there's the format itself:
"The talks have to have a framework though I am not sure what that framework would look like," she told reporters in the town of Chiang Mai in the north, a Thaksin stronghold. "But many parties have to be involved because I alone cannot answer on behalf of the Thai people."
"Thai PM faces negligence charges as protest leader broaches talks", Reuters, February 27, 2014
Leaving aside the previous remarks from the anti-government camp that she's incapable of making her own decisions without consulting her brother Thaksin, it appears unlikely that Yingluck would verbally go head-to-head with Suthep, who has constantly hardened his rhetoric against her - often below the belt.
But on the other hand, months of street protests resulting in 21 deaths and hundreds of injured have possibly worn out the early enthusiasm of the anti-government protesters, as seen in the shrinking attendance numbers. Suthep, who previously had an interest in escalating the protests, might be looking now at an exit strategy in these talks.
P.S.: Suthep has also challenged Chalerm Yubamrung, the labor minister who's also overseeing the security situation, to a fistfight...!