Cashing in on Thailand's constitutions | New Mandala

Cashing in on Thailand's constitutions | New Mandala

 

KHEMTHONG TONSAKULRUNGRUANG, 

 11 SEPTEMBER 2015

Photo: Reuters.

Fame, money, power: constitution drafting in Thailand is a lucrative business. But those seeking fortune, should also recognise the risk.   

In the land of 19 constitutions, drafting a charter is always a lucrative business. Nomination to a drafting commission ensures benefits in cash and in kind.

Beyond fame, each drafter receives a huge sum of money. The payment scheme is complex and the list of awards is long.

For example, the 2015 Constitution Drafting Commission (CDC) members, who were drawn from the National Legislative Assembly, the National Reform Council (NRC), and the National Council for Peace and Orange (NCPO), received at least two sources of remuneration: salary for their regular jobs and a meeting allowance for the CDC’s meeting. The latter was not taxable.

Within less than a year, CDC members earned roughly over one million baht. But there were also other less obvious benefits such as luxurious free meals for every meeting and field trips to hold public hearings. The benefits are not limited to only a handful of persons nominated by the junta. As each appointee is allowed a few assistants, spoils going to their entourage as well.

These benefits last even after the draft becomes the supreme law of the land. Being able to paint themselves as experts, draftees can capitalise on their experience in books, talks, lectures, or teaching positions.

However, the most important long-term reward is an appointment to numerous non-elected public positions, such as the Senate, the National Counter-Corruption Commission, the Ombudsman, the National Human Rights Commission, the Election Commission and the Constitutional Court. The 2015 constitution draft broadened the opportunity by creating the Constitution Assessment Committee and the controversial Crisis Panel.

In return for lavish benefits, these constitutional experts helped boost the legitimacy of the draft constitution. This service is especially crucial in a time of a military rule, and when the drafting was carried away from the public gaze.

The job of constitution drafting really looks promising. The profit is great and, regardless of the democratic quality of the draft, it should always be accepted because the whole authoritarian regime works in unison.

While the charter draft could not claim legitimacy or popular support, it found a substitute in a form of expertise. The draft was prepared by people whose educational background and “intelligence” were considered superior to the majority of Thais.

So the rejection of the 2015 constitution draft on Sunday came as a shock to these experts.

They delivered the best service by introducing the controversial Crisis Panel, the non-MP Prime Minister, and a permanent revocation of political rights. All of these features help the junta extend its control over Thai society.

They also rigorously justified their actions as necessary for Thailand to transition to a full-blown democracy in the future.

However, the draft failed to convince even the moderate conservatives within the NRC that it would bring peace and stability as the junta had once promised. The junta suddenly abandoned its plan and ordered the NRC to reject the draft. This decision exposed experts to barrage of mockery and humiliation from the anti-coup faction.

Perhaps this rejection marks the downfall of constitutional experts.

The drafting business is no longer promising since the public can see it through. Under their cloak of expertise, lay desires for fame, money, and power similar to politicians upon whom they usually look down. The next round of drafting will require as much, if not more, popular acceptance as technocratic knowledge.

The junta now has up to 30 days to appoint the new CDC. Observers of Thai politics are excited to see the list of names. Will some old faces return?

There is no restriction to re-appointing the former CDC but last Sunday’s vote was a great embarrassment to people of such revered status. Some of them publicly announced that they would no longer be involved in any drafting.

Since these experts have been around the Thai political arena for a few decades, the junta has almost exhausted the list of potential experts. The situation has become more critical as public dissent is growing, and so is international pressure. The next six months will be rough and challenging.

Certainly, there will be new blood coming in to fill the gaps. The new generation of legal scholars, academics, economists, political scientists and other technocrats is looking for an opportunity to rise.

They should be wary. What seems like a goldmine could easily turn into their graveyard.

Khemthong Tonsakulrungruang is a constitutional law scholar in Thailand.

Solidarity, students and shackles | New Mandala

Solidarity, students and shackles | New Mandala

 

SCHOLARS FOR SOLIDARITY, GUEST CONTRIBUTOR, 

8 JULY 2015

Today 14 Thai students arrested for peacefully protesting against the country’s ruling military junta on 26 June were released from jail.

Although the Bangkok Military Court ruled against further detention on 7 July, the case against the students, who were charged with sedition and breaching an order against public gatherings, still stands. This means they still face the prospect of seven years in jail.

Now out of prison, the students have said that they will continue to use peaceful means to demand democracy.

Thailand’s ruling junta came under sustained pressure to drop the case against the 14 students after the case sparked international condemnation.

Human rights groups slammed the jailing, labelling it as an escalation in the ruling junta’s repression. Last week both the EU and UN both called on the junta to drop the charges and free the activists.

Joining the global calls to free the 14, were scholars, writers, and citizens from around the world.

The campaign, organised under the ad hoc name of International Solidarity for Thai Students and Teachers, saw over sixty people calling for the immediate release and dropping of all charges against Chatupat Boonyapatraksa, Apiwat Suntararak, Payu Boonsopon, Panupong Srithananuwat, Suvicha Tipangkorn, Supachai Pukrongploy, Wasant Satesit, Rattapol Supasupon, Rangsiman Rome, Songtham Kaewpanpruk, Chonthicha Jaengraew, Rattapol Supasophon, Apisit Sapnapapha, Pakorn Areekul, and Pornchai Yuanyee.

The scholars, writers, and citizens wrote individual letters, took photographs, wrote poems, shared poems by others, drew pictures, and sent short messages of support. The messages included the expression of solidarity, the linking of the Thai struggle for democracy to other struggles globally, and the enduring power of liberty, dignity, and freedom.

Following is a selection of the messages. You can see all the messages over at Prachatai’s English website.

Signs of solidarity

Many people sent the students letters. For example, Ariel Dorfman, noted thinker and writer who was forced to flee Chile when General Pinochet launched a coup against democratically-elected Salvador Allende in 1973, came to power, called on the government to cease its persecution of the students:

As someone who has himself suffered repression in Latin America and witnessed it around the world, I urge the government to stop persecuting the fourteen students who want nothing more than the human rights and democracy which are part of the heritage of the whole Thai people.

I write not only as a human rights activist, a distinguished professor at Duke University and a writer, but as someone who has established in the past, through my work, a relationship with Thailand. My play, Death and the Maiden, has been staged there – and an award winning film, Prisoners in Time, starring John Hurt, was filmed there, after I spent a compelling week in Thailand, interviewing people and scouting locations, discovering the deep gentleness and profound wisdom of so many citizens who are now subjected to the worst sort of harassment. If teachers and students are not free to express themselves, to think and act upon their thoughts, the future for Thailand will be bleak.

Other scholars, writers, and citizens wrote poems. Michelle Tan, from the Faculty of Political Science at Thammasat University, wrote:

What will it take to prove to you, who rule at the barrel of a gun, that we…

are not slaves of Thaksin

are not living in a “beautiful world’

are not slaves of Caucasian white-skinned foreigners

are not evil capitalists

but we

are fighting for a stable, peaceful future

which requires the rule of law, not the rule of any individual

are trying to allow for free expression

which will help prevent the pent-up frustration that leads to radicalisation and violence

are willing to listen to you and everyone in this country

are advocating a stable system of checks and balances

are fighting against corruption, regardless of who commits it

are all human???

If there is no “third side”, no neutral space free of double standards, then there is no hope.

Others sent in works of art, like Tessa Morris-Suzuki, a Fukuoka Peace Prize winner and professor at the Australian National University.

May Adadol Ingawanij, teacher, University of Westminster, offered the message that, “You’ll never walk alone,” as well as this short clip.

Chris Baker asked, “Who breaks a butterfly upon a wheel?”

A friend from Hong Kong sent in a visual message of support:

Tyrell Haberkorn from the Australian National University shared part of Adrienne Rich’s poem, Integrity:

Aim Sinpeng from the University of Sydney summed it all up with this clear and sharp message:

See all the messages over at Prachatai’s English website.

Chatwadee Rose Amornpat - Thailand’s thieves in uniform | New Mandala

Chatwadee Rose Amornpat, 7 July 2015

The ties between the military and monarchy are robbing the country of freedom and democracy.

With all the turmoil in Thailand today, it is interesting to observe that one so-called ‘revered’ institution, the monarchy, has not come out to stop the chaos.

Thai royalists and the royal household often surreptitiously inform the local and foreign media that the King has no political power. But a quick glance at the current constitution reveals the opposite is true.

Junta chief General Prayuth Chan-ocha stated last May, after he successfully seized power from a democratically-elected government, that the constitution was abrogated; that is except all the articles relating to the monarch and the lese majeste law.

That is to say, the laws concerning the power of the king, his welfare and his protection were left intact and enforceable. These are wide-ranging.

For example section three of the constitution states that:

The sovereign power belongs to the Thai people. The King as Head of State shall exercise such power through the National Assembly, the Council of Ministers and the Courts in accordance with the provisions of this Constitution.

But this is like saying the car belongs to the people but only the king can drive it. Or, the people own the gun but only the king can pull the trigger. In both cases, the people have to perform the maintenance and upkeep of the car and gun.

Section eight of the constitution states that:

The King shall be enthroned in a position of revered worship and shall not be violated. No person shall expose the King to any sort of accusation or action.

This section means the Thai King is like God and no one can speak against the King even if he commits robbery, blatant lies, mayhem or murder.

Section 10 places the King as the Supreme Commander of the Thai Armed Forces, while section 11 gives the King the right to create titles and confer decorations.

This all goes some way to explain why today in Thailand we do not have just one dictator, but two.

There is a symbiotic relationship between the monarchy and the military, which has been going on for the past six decades. Every time there is a coup, while the generals may change, the monarchy always remained intact. Because of this we can only blame Thailand’s current ongoing troubles on the very top; the monarchy. This is the main characteristic of Thai society and politics which never changes.

On Friday, 19 June, Thai police arrested 14 students who had been protesting against the ruling junta, in defiance of a ban on public gatherings. These are young university students who are brave and full of democratic spirit. They want nothing except the right to express themselves freely on issues affecting their lives and future. They are now confined to a filthy and crowded jail in Bangkok.

The students took part in peaceful rallies calling for an end to military rule under the National Council for Peace and Order (NCPO). The army commander-in-chief, General Udomdej Seetabutr, publicly accused the 14 student activists of being backed by anti-government groups and claimed their actions could lead to disturbances and violence.

Additionally, General Udomdej Seetabutr, indicated that a charge of lese majeste may be leveled against them, because these students may have received support from anti-monarchy elements as well.

It is against the international norm that the Thai Army is designed to protect only the monarchy as opposed to protecting the country and the people. It is now becoming clearer and clearer that Thailand is being governed by two types of thieves in uniforms.

The first, the King, wears his uniform with pride. As head of state, he often wears decorative pins and trappings, occasionally also donning uniforms similar to characters in an ancient Ramayana play, with ceremonial headgear to top it all off.

The first thief is only concerned about their stability and vast wealth, under the control of secretive investment arm, Crown Property Bureau. They intend to prolong their continued status quo and privileges and entitlement for generations to come.

The second thieves in uniform are the generals, who benefit from their collusion with the monarchy. Each top general has benefited from the yearly military budget and allocations for arms purchases. The top brass stands to benefit millions and millions of dollars or bahts in terms of commission.

And now the generals are joined by the rank and file. Under ‘Article 44’, which gives unlimited power to the junta, the military can do just about anything they please, from searching anyone’s house or person without a warrant, to jailing anyone on any minor charge.

Many lower-ranking soldiers are behaving like hooligans extorting money from street vendors and retailers in open daylight with impunity.

Unless the Thai people unite and demand the reorganisation of these two institutions from the ground up, the chance of realising a true democracy, is next to nothing. And if something doesn’t happen soon, the people and Thailand will forever remain robbed.

Chatwadee Rose Amornpat is based in London. She was charged with lese majeste by the Thai military junta in July 2014. For previous New Mandala coverage of her situation see this post.

EDITOR’S UPDATE: The Military Court on Tuesday ruled that the students should be released from jail. However, they still face trial and a possible seven-year sentence for their peaceful protest against the ruling junta. 

Democracy worship in Thailand | New Mandala

Democracy worship in Thailand | New Mandala

 

MAT CARNEY & EMILY DONALD, GUEST CONTRIBUTORS, 

2 JUNE 2015

Photo by Adaptor-Plug on flickr https://www.flickr.com/photos/11401580@N03/

Simplistic arguments currently circulating in Thailand are in danger of neglecting the complexities of democracy and ignoring roadblocks to its ‘return’.

In the words of Winston Churchill, “Democracy is the worst form of government, except for all those other forms that have been tried from time to time”.

Churchill’s statement contains some truth; democracy has been a relatively successful project within the realms of Europe, North America and Oceania. But democracy has yet to be fully established elsewhere. Most countries in Southeast Asia are not ruled democratically and this absence of tangible democracy is spurring an emerging trend that can only be described as ‘democracy worship’.

The people and groups leading this trend have glorified and simplified the basic principles of democracy, elevating the political system to cult-like status. Democracy is discussed and demanded as the instantly required form of government that a state must adhere too. At times individuals describe it, unintentionally and intentionally, as that of perfection and utopianism.

Examples of ‘democracy worship’ can be seen throughout Southeast Asia, however, it is most obvious in Thailand, where democracy is admired and given sacred qualities, with little thought given to the complexities or theory behind it. Equally as clear is the problematic nature of the country’s democracy or lack of it.

Such desire for democracy is valid as Thais have lived in a constant state of semi-democracy, constantly interrupted by aggressive coups, appointed prime ministers, and full blown dictatorships, forming a repetitive pattern that has reoccurred for decades.

Coup culture within Thailand has many distinct characteristics, with two standing out more than others; the worship of democracy within certain areas of society, and an almost blasé attitude towards military coups. Again, there are legitimate reasons for individuals to desire a ‘return’ to democratic governance. However, the simplistic arguments over the desire for democracy currently circulating in Thailand, are in danger of neglecting the complexities of democracy.

Social media, an understated instrument of political discourse within Thailand, helps to demonstrate democracy worship and the cult-like following that has been attracted by democracy’s ideals. The trend may also be enhanced through other forms of worship within Thailand, such as ‘academic worship’ and ‘professor worship’, which can give academics a cult following of their own, whether they like it or not. So-called ‘celebrity’ academics, either living in Thailand or based abroad for political reasons, are highly active in posting and promoting democracy related material on numerous social media platforms.

The majority of the time such posts contain little or no explanation of how democracy can become successful, or what the major obstacles to democracy are – particularly important given the complicated issues related to the balance of power and powerful institutions within Thailand. However, a single post can get over 10,000 ‘likes’ and be reposted hundreds of times. It is also common for these ‘celebrity academics’ to publish up to 10 democracy-themed posts per day, again, demonstrating the need for Thailand to return to democracy but offering no solutions, suggestions, or critiques of the more complicated issues.

Stark divisions and aggressive polarisation is endemic throughout all aspects of Thai society including: governance, the religious establishment, the supreme institution, the military, civil society, and educational institutions. The interconnectedness between networks of power in Thailand is multifaceted, complex and ingrained. Well-known academic Duncan McCargo coined the term ‘network monarchy’ to describe this complex web of interconnected power that holds up the country’s royal institution. By fusing itself to all aspects of Thai society, and spreading influence to all corners of the country, the monarchy has occupied a seat of supreme dominance and reverence in Thailand, entrenching its values to ensure its continued survival.

It is here, within the realm of ‘networks,’ that those who situate themselves within the cult following of democracy, or worship democratic principles, neglect to understand the intrinsically problematic nature of democracy in Thailand. A functioning democracy, adhering to democratic principles, cannot operate within a country that fosters such a complicated network of relationships, all attempting to receive, abuse or hold on to some form of power.

Arguably, these networks of power exist within democratic countries as well, particularly the United States. However, in the United States there are also independent checks-and-balances, reinforced by strong institutions, capable of limiting the means of those seeking to abuse power. These independent reinforcements have disappeared from Thailand’s political landscape.

The power and influence of the Thai military, which sits above all other forms of power, except the royal institution, needs to be completely dismantled. Speaking hypothetically as there is no possibility of this occurring any time soon, before democracy can become any more than a ‘desire,’ the military should be placed in civilian control and given little or no capacity for influencing power relations or promoting democratic ideals. In the future Thailand could take note from Indonesia and how it went about limiting the power and influence of the military.

The legitimacy that the monarchy, and thus in turn the military, receives due to their relationship with the Buddhist establishment, the Supreme Sangha Council, also needs to be understood as a significant road block to democracy. The Sangha is undeniably connected to the realm of long-established networks, and is constantly attempting to protect its members’ privileged position of power and reverence in Thai society.

With such a complicated and multifaceted network, democracy has many obstacles, as the old establishment will always be able to legitimise itself through the many sensitive and controversial aspects of the network, particularly religion.

Another major problem with democracy in Thailand is the issue of regional divides. So called ‘red provinces’ that have been branded as Shinawatra supporters, or endorsers of Thaksin-associated political parties, can boast growing populations and a larger voter base than those on the opposing side, or sides, of politics. Especially those whom are supporters of the old establishment.

If democracy does ‘return’ to Thailand, it is inevitable that those aligned with Thaksin Shinawatra would return to power with a majority of the vote, significantly threatening those aligned to more established power bases, such as the monarchy, military and the consumerist city-based elite. Such established power bases will not accept a threat to their power or loss of power, and will once again support and orchestrate a coup. The cycle will continue.

Those in Thailand who are unofficial members of the democracy cult continue to constantly and simplistically argue for democracy to return to the country. This is admirable at first glance, however with a more in-depth analysis, it is clear to see that democracy is impractical and will likely end in additional violence. Both Thai and foreign academics, journalists and civil society groups all argue for an instantaneous restoration of democracy in Thailand. What they fail to mention or discuss, is how? How does one take on the old establishment, a force that takes its legitimacy from the untouchable royal institution?

Members of the democracy cult or those who worship the idea of democracy need to redirect their attention to aspects of the so-called network power issue. They need to explain how balances of power need to change, the relationship between the military and the monarchy, the enormous division within the Thai population, and the relationship between the old establishment and elite and the monarchy and majority religion.

Worshippers of democracy who argue for instant democracy to take place within Thailand are also underestimating issues of systematic corruption that have plagued semi-democratic governments in the past. Although elections won by both Thaksin and his sister Yingluck were reasonably democratic, and inappropriately nulled, both governments struggled with corruption. However when it comes to corruption, the established elite are significantly more susceptible to its more dramatic forms; thus there is a valid argument behind those who argue that democratic governments foster less corruption.

Arguing for democracy is admirable and deserves respect, however to the extent it is promoted and discussed on social media and elsewhere, it is problematic. Democracy is not possible in Thailand anytime soon, and those who continue to contribute to ‘democracy worship’, do nothing more than demonstrate the lack of solutions and impracticality of democracy in such a fractured society.

It would do the democracy argument well if attention was redirected to tackling some of the larger issues that act as roadblocks to democracy.

Mat Carney is a research fellow and coordinator at the Centre for ASEAN Studies at Chiang Mai University, an independent blogger and ANU graduate.

Emily Donald is an intern at the Labour Rights Promotion Network in Thailand and undertaking her studies at the University of Queensland.

Pol-la-muang: The making of superior Thais | New Mandala

Pol-la-muang: The making of superior Thais | New Mandala

KHEMTHONG TONSAKULRUNGRUANG, 

24 APRIL 2015

Thailand’s 2015 Constitution debuted last week, when the Constitution Drafting Committee (CDC) submitted the draft for consideration before the National Reform Council (NRC). Although it was not to be distributed to the public, the document leaked onto the internet. The draft raises several concerns, among which is the emergence of a privileged group of Thais.

Borwornsak Uwanno, the President of the CDC, explained before the NRC that the new constitution aimed to empower the people against dictatorial politicians. His Article 26 has transformed Thais from pra-cha-chon (people) to pol-la-muang(citizens). Although semantic meanings shall not be debated here, his pol-la-muangimplies more loyalty and commitment to the state. One must obey the law, respect rights, liberties, and equality, adhere to the right virtues, serve the community, learn to be self-dependent, and promote social unity. The Constitution demands pol-la-muang to help conserve local wisdom, national cultural heritage, and natural resources. In other words, the Constitution is invading people’s forum internum. The people have to think the right thoughts and do the right tasks.

Most importantly, the Constitution creates several independent agencies specifically for pol-la-muang to perform their duties. These services shall be rewarded as Article 27 describes that those pol-la-muang who serve with honor and dedication, without prejudice, are entitled to receive remuneration.

It is no secret that drafting a constitution in Thailand yields preferential benefits for a few fortunate souls. Academics in laws and political science, high-ranking officers, and well-known non-governmental activists are often involved in such law making. In addition to financial returns, benefits come as formalized political power. Membership in the CDC always improves a resume. Such credentials later pave the way into positions in governmental agencies they have created, such as the Senate, the Constitution Court, and other Independent Accountability Agencies. The Constitution business is a lucrative one.

But never before have these benefits been expanded to this sheer scale. The number of independent agencies in this 2015 Constitution has exploded in order to ostensibly promote direct democracy and to empower the citizens.

There have already been the Election Commission, the National Counter-Corruption Commission, the Ombudsman, and the National Human Rights Commission, although the latter two are now combined into one. New additions will involve morepol-la-muang to check the government’s exercise of power. The National Virtues Council will set ethical standards for public servants and provide background and moral checks for candidates seeking public position. It can investigate accusations of ethical violations, which may lead to impeachment. The Reform Council and the National Reform Strategy Commission will strategize and direct Thailand’s reform. They may propose bills that are necessary for the reform directly to the Senate or hold referendums to force the government to implement their policies. The National Reconciliation Commission, as the name suggests, would promote peace, understanding, and unity. The government is obligated to provide enough funding for its operation. The Citizen Council may be set up in each province so citizens can audit the local administration. The list of new agencies goes on.

Although these bodies advertise for greater involvement from all Thais, in reality nomination requires heavy lobbying. As a result, only a few technocrats, the very same who drafted the constitution, would be qualified to provide the expertise and moral standards demanded by the constitution. These pol-la-muangs are no less hungry for power than their political counterparts. But by avoiding the “dirty game” of electoral politics, they can claim that their superior morals entitle them to these councils and commissions.

But might these councils and commissions become tools of political accountability? Since these councils and commissions possess tremendous power to initiate public policies and punish the elected government, they would help paralyze the government and underestimate the importance of electoral politics. But the Constitution provides no channels to hold them accountable, so they are probably a liability, not an asset. The result would be highly fragmented politics. Worse, once these agencies establish their turfs, it would be extremely difficult, if not impossible, to dismantle them. Possibly some of them will outlast the 2015 Constitution and transfer themselves into the following constitutions. To add insult to injury, these positions are even paid significantly higher than a normal government agency while contributing so little to the country. Financially these councils and commissions are a waste. They are constructed to be the perfect sinecures.

To assign pol-la-muangs the power to control the government is dangerous. Thailand is facing a crisis of inequality. People are already bitter about the unfairness in economic, social, and political contests. These apparatuses aggravate the crisis because they reflect the CDC’s distrust in the majority. The constitution seems to be built upon paternalistic and moralistic ideologies. Despite the rhetoric of empowerment, the idea of the committed citizen is just an attempt to entrench the influence of the elitist minority in Thai politics. Pol-la-muang, with high morals, lavish salaries, and anti-majoritarian missions, will probably do Thailand more harm than good.

Khemthong Tonsakulrungruang is a constitutional law scholar in Thailand and regular New Mandala writer

Thais in exile | New Mandala

Thais in exile | New Mandala

KANNIKAR PETCHKAEW, GUEST CONTRIBUTOR, 

9 DECEMBER 2014

In front of me is the once smart looking Jom Petpradab, aged 51, a journalist and former popular Thai television news host. He looks old and frail. Talking through Skype to someone back in Thailand, he forces himself to laugh out loud.

“Hey I am fine, you guys shouldn’t have any worry”, he says. Just right after ending the call, he sinks into his thoughts again, as the dark circle under his eyes grows wider. Jom hasn’t slept well for months and need pills to end each night. He admits his life is not free from worry and it is not “fine”. “Can’t close eyes without worry. I have a habit of too much worry since working around the clock in the country, it turned worst after what I’ve been through the last 6 months”.

There is lots to worry about, including family in Thailand who experience difficulty both physically and mentality since he left. A veteran journalist with 30 years experience both in Thailand and America, Jom left his family including his 2 nephews aged 11 and 14, and fled to Cambodia right after the Thai coup in May 2014. He then flew to America together with 7 other Thais: politicians and political activists. “I just wanted to take a short break to have time to think after being depressed over freedom of expression and sickened by coup after coup, so I went just to the neighboring country but later on was told to flee. I could be detained because I denied the junta’s summons”. To deny the summons he put the reason simply: “I have never agreed with nor supported the coup, so I just won’t go”.

This group are now waiting for asylum, while Jom is still working as a journalist on his own news website.

He left all assets and financial obligations to one of his friends with whom “I signed over every penny and pray I can trust”. His two nephews are to live under this financial arrangement. He then flew with a few baht which turned out to be useless in America. “I try to spend less cause I can’t be sure what would happen. I try not to take money from my nephews expenses, they need to study and my saving would help them through”.

Jom now lives with limited monthly assistance from those he claims are “democracy supporters”. Asked if it’s Thaksin Shinawatra, the former Prime Minister, he laughs. “I’ve never met him nor have any contact or support from him, though people from the other side try to portray me as his money slave. If you happen to meet tell him I have many questions I think Thai people would like to ask”. He smiles bitterly.

His tourist visa will expire within a month. He is stressed, waiting, while vowing to fight, not return.

That same stress used to envelope Kritsuda Kunasaen, aged 28, a red-shirt activist who fled Thailand on 24 June 2014, after 29 days detained during which she says she was subjected to blindfolding, sexual harassment, beatings, suffocation till unconsciousness and then being put in a zipped plastic bag. She fled to Europe, has already applied for asylum, and stays in a government  transit centre and waits for the official interview which is likely to come very soon. Kritsuda feels much relieved now. “Arriving 4 months ago I felt so depressed and overwhelmed with fear and anger, I couldn’t speak their language didn’t know what would happen and what life here would be. Now things become easy with lots of support from many people. I feel relieved, well adjusted and optimistic”.

Staying in the transit centre also convinced her that those from Thailand are not the most unfortunate. “I found people fled from their war torn countries in Africa and the Middle East. I felt sad for them, realized how bad is the situation they faced. I am not alone, not the only one who suffers. I have good support while most of them fled alone in desperation”.

Compared with many Thais in exile, Kritsuda is in good hands, helped by many people. Provided with the best lawyer and her application supported by political activists groups, and international organizations like the International Commission of Jurists, and others.

But to call her the fortunate one we have to think twice. “I barely sleep and hate to go to bed, once I close my eyes the torture would come again. I sense every thing so clearly. It’s too clear, never disappears and I don’t think it will. I am still cautious of strangers and walking sound makes me scared”.

Her boyfriend who faced the same torture, has endured what she calls  a mental “collapse” and has difficulty mentioning the incident again. Kritsuda, also, vows to go on with her political activity, voice out what happened to the world and ask them to force a change. She would return to her home country but only once it has democracy. “And I’m sure we can do that very soon”.

But from the perspective of Jarupong Ruangsuwun, former Minister of Interior and leader of the defunct Phua Thai ruling party, that future may take longer to realise. “Many things need to be fixed. Something so huge that it needs time. I can’t say it will be soon.  But it will be for sure. You and I will witness it together.” In his late sixties, together with his family, Jarupong fled weeks after the coup and now lives in America waiting for asylum status. He is on an arrest warrant for 3 charges and his assets have been seized by the junta. But he still can live on his own money supporting the family and some people he helped to come over.

Jarupong stays up till early morning before going to bed. He doesn’t have any problem with sleeping like the others but just wants to spend time chatting online. He has completely turned himself from solemn politician to internet geek. “I enjoy talking through LINE application. I think I owe them a lot and I’m now addicted , talk to many people and surf for tons of information. That’s fun and time flies”.

On 24 June this year Jarupong released a statement of the Organization of Free Thais for Human Rights and Democracy (FTHD) vowing to fight back but later on said the urgent task would be just to expand the membership. His organization didn’t gain much attention from the red-shirt movement. Jarupong cited the fact that political movement and expression is strictly controlled within the country. So the members, which he claims number around 10,000, are mostly Thais living abroad.

He said he constantly talked to many international organizations, asking for support for the democratic campaign. “We will let the world know the truth and force for change. The world won’t tolerate the dictatorship, Thai people also are never willing to tolerate it but just can’t say it because guns were just at their heads. Guns that were bought by their sweat money.”

He was once close to Thaksin Shinawatra and his family but Jaturong says he’s never  had any call from Thaksin and that he understands why. “The movement shouldn’t rely on any people, Thaksin in particular. Without Thaksin or any one once calling themselves the leader, the people can make it. People already had a lesson in this”.

Asked if he’s happy enough, he says with a laugh: “I feel my life is much better than many Thais who have to live under the junta, my former colleagues in the former government, in particular. They can’t speak nor move. I feel pity for them ”

But it will change, he strongly believes but can’t truly describe how. “You can’t suppress millions of people for a long time. Those who believe they can do that are stupid. They are in power now just because they carry guns and are so coward that never dare to put it down”. Jarupong is not the oldest Thai in exile I talked to.

Amara Avattanakul, who is 70 years old, is a Thai woman with US citizenship who has been living in America for over 30 years. She has retired from teaching in a community college and survived cancer twice. She is now living alone while her 2 daughters stay within reach. She’s  already prepared to move back to her birth place where her declining health could be treated, while the military filed an arrest warrant 4 months ago .

“I don’t know how it happened, but I would grin and bear it: never regret in what I’ve done. What only upset me is that I had a plan of doing volunteer work in English teaching over there and I can’t do it now”.

Amara  has been constantly involving in political movements since October 1976,  also a strong supports for democracy movement both in Thailand and the US. She was under a junta arrest warrant after  she went back to Thailand early this year and visited  many  political prisoners,  giving money to many of them for their spending in prison, 1000-2000 baht each.

The military accused her as a financial supporter for red shirt movement. With her age and health Amara can’t let herself be arrested. She can’t go back and so her plan of living and volunteering in Thailand has faded. Gazing through the heavy winter snow she is a frail and quiet lady who is persona non grata back home.

Kannikar Petchkaew is a veteran Thai journalist who is now a Visiting Scholar at the University of Wisconsin at Madison.

Thai Coup: A normal way of life | New Mandala

Thai Coup: A normal way of life | New Mandala

 

CHATWADEE ROSE AMORNPAT, GUEST CONTRIBUTOR, 

8 DECEMBER 2014

General Prayuth Chan-ocha, with the blessing of the powerful monarchy and Privy Council, declared martial law, followed by rolling out the army’s tanks on the streets of Bangkok and sealed the fate of the country by staging the so-called “bloodless” coup d’etat of 22 May 2014. It was déjà vu, all over again! Though the political event looked serious in the eyes of the world, it was an easy task for the Thai general, the coup leader, who often holds the title “Chief of the Army” to copy the same model as his predecessors. The final stage of any Thai coup is the customary photo-op with the king for full pardon and legitimacy.

This may, perhaps, be the core origin of the Thai culture of impunity, because such an act of treason against a government is punishable by death. As usual, the king gave a full pardon for the general, for any past, current and future undertakings associated with the coup d’etat.

Why does Thailand has to go down this path every few years with the same old characters again and again while the country and the majority of the population suffer? I would hereby like to emphasise again that the people suffer, not the handful of the military thugs who stage a coup and the monarchy and its network. They have all been enriched by this despicable deed. It all boils down to Thailand’s warped political system which is very confusing. Most foreigners think the Thai political system is like that of Japan or the United Kingdom.

The current system is not at all democratic! It is like the old absolute monarchy except that the monarchy has all the glories, even though the country is being run by the government whether elected or not. While the Thai monarchy and its network controls the print and television media, namely, the Bangkok Post, The Nation and various TV stations including the government owned Public Relations Department, it erroneously informs the world that Thailand is a democratic country with the king as “Head of State,” an indirect comparison as in the case that of the Queen of England or Emperor of Japan who are, in reality, politically powerless. Just a quick glance of each and every Thai Constitution shows how powerful the Thai king is.

General Prayuth Chan-ocha said he abrogated the current constitution except Sections concerning the monarchy. Thus, the following are still in use and true:

Section 3 of the Thai constitution states:

The sovereign power belongs to the Thai people. The King as Head of State shall exercise such power through the National Assembly, the Council of Ministers and the Courts in accordance with the provisions of this Constitution.

The above Section is not known to Westerners or even most Thais. It is like saying the car belongs to the people but only the king can drive the car. Or, the people own the gun but only the king can pull the trigger. In both cases, the people have to do the maintenance and upkeep of the car and gun.

Section 8 of the Thai constitution states:

The King shall be enthroned in a position of revered worship and shall not be violated. No person shall expose the King to any sort of accusation or action.

This section means the Thai King is like God and no one can sue the King even if he commits robbery, blatant lies, mayhem or murders. Article 112 of the Thai Criminal Code states:

No one can criticize the king and any member of his family, even if such criticisms are based on the truth.

This is called “lese majeste” and it carries a jail term of 3 to 15 years for each offense.

Section 10 states:

The King holds the position of Supreme Commander of the Thai Armed Forces.

Section 11 is:

The King has the prerogative to create titles and confer decorations.

All the sections listed above clearly indicate the ultimate power lies with the Thai king. There can be no dispute in my mind that the king and/or his inner circles have ordered the coup d’ etat just like all the previous coups. This one is no different from the old ones. In sum, after he gives the order, he often stays low profile and never utters a word. Then he would appoint a so-called “temporary or neutral prime minister” of his own choosing. Nonetheless, in this latest coup, with this general in charge, the king and his inner circle decided on the coup maker himself as the prime minister in order to save time since they are now in full control of the country.

Thus I strongly feel the King and coup d’etat go hand in hand. Why does nobody dare talk about this? As you know, he is also shielded by the lese majeste law which forbids people from making any questioning comments about him.

As you can see, there can be no denying that the Thai king and his inner circles are heavily involved in controlling the country. They simply do not feel at ease if someone else such as deposed former Prime Minister Thaksin Shinawatra or his sister Yingluck is in the premiership. I believe it all comes down to money, the vast assets, business empire and cash worth some US$40 billion as of 2014 that the Crown Property Bureau (CPB), the investment arm of the King, controls.

Their investments extend all over Thailand and the world, be it in the field of banking, real estate, petro-chemicals, shopping centers, hotels, and you name it, they have it all. A distinctive Siam Park, a grandiose amusement park in Spain also belongs to the CPB. Another crown jewel of the CPB is the 5-Star and luxurious hotel chain, the Kempenski Hotel, worth in the billions of dollars also belongs to them.

I am so lost and it makes me sick as to why Thai taxpayers have to pay for all the royals living expenses at a tune of some 300 million pound sterling a year. A fleet of air planes and luxurious yachts were given to the royals on their various anniversaries, all paid for by taxpayers. Now I know why King Bhumibol Adulyadej is the richest monarch in the world and he may be ranked as one of the top 10 richest men in the world.

Lese majeste law or Article 112 of the Thai Criminal Code is flawed from the outset. It was designed to scare people away from speaking the truth.

I would term the current political system as an “Absolute Monarchy by Proxies”: Proxies in a sense that the Thai king uses men around him to do the dirty work and never has to be responsible for the welfare of the people. He only takes all the accolades and praise. When it comes to the nation’s problem or the plight of the people, the Thai king and his supporters would all point their fingers at the government. This is worse than the old absolute monarchy, when the king was responsible for the welfare and stability of the country. Now he does not have to do anything or worry about anything except to watch out that anyone outside of his control who may be the leader of the government.

Thus the intent of the lese majeste law is to scare, intimidate and silence people from talking about the king in a negative way which might include the regicide case of King Ananda. Friends often ask me if I am afraid of lese majeste law. Indeed, I would rather die than live the life of deceit, hypocricy and fear of lese majeste law. Those who are associated with the European Union, I request that please attach the removal of lese majeste law in your condition to stop sanctions. Thai people are simply helpless to do anything with this law, even a civilian PM who often ignores the discussion of this law.

With this uncivilized and barbaric law still in the book, only the monarchy and a handful of elite will benefit. The CPB has amassed their wealth exponentially every year, while poor Thais are getting poorer.

Also, for the justice of King Ananda and the three innocent pages who were wrongly executed after his death, we must continue to search for the murderer, until he is brought to justice.

General Prayuth’s latest proclamation of “reform” for Thailand is a copout and an excuse for an even more dictatorial regime in defence of the monarchy and the protection of their vast wealth.

Thailand is still full of corruption starting from the top at the pyramid on which the monarchy and its network sit. Next in line is the score of top generals who benefit from the army budget annually. More than 50% of such army budget often goes into the bank account of the generals and/or their wives.

In sum, I feel if Thailand wants to truly solve her problems, the country must first decide to abolish the lese majeste law once and for all, so people can openly discuss the subject matter in a truthful manner and without fear of punishment. Because, to be frank, most of the country’s ills and troubles stem from the monarchy and its network.

Chatwadee Rose Amornpat is based in London. She was charged with lese majeste by the Thai military junta in July 2014. For previous New Mandalacoverage of her situation see this post from earlier in the year.

Prayuth, do you hear the people sing? | New Mandala

Prayuth, do you hear the people sing? | New Mandala

 

KHEMTHONG TONSAKULRUNGRUANG, 

4 DECEMBER 2014

The regime of General Prayuth Chan-Ocha is well known internationally for its intolerance of criticism. It began with the summoning of potential dissenters for attitude adjustment. The adjustment techniques include intimidation and verbal and physical abuse. Protesters were arrested and academic forums that might irritate the sensitivity of the coup leader were cancelled. Books were banned and websites were blocked. Even those who petitioned their grievances were forbidden since they were judged disruptive to the unity of the nation. In sum, freedom of expression in Thailand is severely limited.

However, in recent weeks, the junta’s paranoia seems to have reached new heights. People are out in public again showing disapproval of the Prayuth administration and the military is fighting back hard.

Several factors have contributed to the spike in public displays of discontent. Six months have already passed since the coup in May 2014 but Prayuth has failed to deliver on his promises. Most of his policies seem like a degraded version of Prime Minister Yingluck Shinawatra’s, such as the controversial issues of the rice subsidy and railway construction. He has not resuscitated the flailing economy. Nor can he eradicate corruption. Yingluck has not been charged while his own men are tainted with scandals. Even coup supporters have started growing uneasy with Prayuth’s clumsy performance. His trips abroad exposed him as a clown, smiling sheepishly while being ignored by the global community. Meanwhile the arrival of the penultimate Hunger Games movie has revived the three-fingered salute. The most recent blow to the regime is the return to the social media of Somsak Jeamtheerasakul, a critic of the elite establishment who had been absent for six months. Reportedly he is in self-exile abroad after he refused to surrender to the junta.

As a result, there is widespread expression of dissatisfaction, especially among the younger generation. Individuals take selfies of themselves boasting the Hunger Game salute as a symbol of defiance. Five university students made their way before Prayuth to show the salute and their “no coup” shirts. Some of them refused to sign a pledge to abstain from politics. Their detention prompted criticism from media and the general public. University students from various colleges sent open letters demanding more freedom of expression. More surprisingly, farmers from the northeast took a group photo showing the salute to support the younger generation. Leaflets condemning the junta as well as welcoming Somsak Jeamtheerasakul were displayed in several university campuses. Later, a picture of Somsak was displayed at a high-profile high school football match.

The military’s responses have been two-pronged. On one hand, they claim to be democratic soldiers who support freedom of expression. They urge those who wish to express opinions to “play by the rules” by expressing them at designated forums or submitting them to the National Reform Council or the cabinet. However, speakers cannot criticize the government or they will face sanction. Moreover, these forums are so lengthy and complicated that one’s voice can never be heard. Opinions need to be prepared in a formal manner. They will be heard and later left unattended by the authorities. On the other hand, the suppression continues. Soldiers invaded campuses to detain dissenters for “attitude readjustments,” followed by continued harassment. Soldiers and police, both in uniform and plainclothes, have followed them home to record photos and videos of them and their friends. Students were advised to focus on studying instead of political activism. Platoons of police lined up in front of a movie theater ready to arrest anyone who made the Hunger Games salute.

In a land where there are always two versions of truth, the official truth and the real truth, such hypocrisy is not surprising. The junta has tried almost every possible way to quiet the public. The only choice left is to sincerely listen to their complaints. Sadly, this choice has never been considered.

Maintaining the illusory peace is a costly business. This mission consumes most of the state’s attention and resources. The junta engages in daily appeals for obedience while attacking dissenters with the hollow accusation of obstructing the making of a sustainably transparent democratic Thailand. But the more the junta suppresses, the less their already dwindling support will remain. Soon a majority will find these dirty operations unacceptable. Lately, even Amara Pongsapitch, the Chief of the National Human Rights Commission and a supporter of the anti-Thaksin movement, who had previously turned a blind eye to the administration’s transgressions, expressed her objection to arresting college students.

But fewer supporters also mean harsher controls will be required to preserve this fragile regime.

As ridiculous as these abuses may seem, the brutality is real. Unfortunately the military is actually benefiting from such unrest as it provides a justification to extend martial law indefinitely. Thais are stuck with a Catch-22.

Long term, the junta’s intolerance obstructs the path to reconciliation and political reform. Truth is the essential element to reconciliation and to solving Thailand’s chronic problems. Lies, denial, and ignorance only lead to deeper resentment. Without straightforward criticism, the path to reform will wander aimlessly and we will never arrive at the destination. Democracy cannot be built under a regime of suppression, fear, and lies. Prayuth’s two-pronged response to the angry voice of the people only confirms that this coup is a waste and the damage will stay long after the junta leaves office.

Khemthong Tonsakulrungruang is a constitutional law scholar in Thailand