Still better than Thaksin? | New Mandala

Still better than Thaksin? | New Mandala
Prasit Wongtibun, 26 NOVEMBER 2015

As the latest corruption scandal shows, the Thai junta hasn’t rid the country of dodgy politicians; it’s simply taken their place.

Anti-corruption has been a poster child of anti-democratic groups in Thailand since 2005.

The People’s Alliance for Democracy (2005-2008), the Council for National Security (2006-2007), the People’s Democratic Reform Council (2013-2014), and the National Council of Peace and Order (2014–present) have all used it to drive their agenda.

Now, as the Thai economy crumbles and dissent grows, an anti-corruption campaign is the only lifeline for the ruling NCPO. Supposedly, it confirms the junta’s superior moral standard when compared to elected politicians.

Since the May 2014 coup, the NCPO has adopted harsh measures to eradicate corruption, and General Prayuth Chan-ocha, NCPO head, constantly repeats his intention to fight against dishonesty in public office.

Unsurprisingly, the main target of the NCPO’s anti-corruption campaign has been former Prime Minister Yingluck Shinawatra.

After being overthrown by a constitutional court ruling before the coup, Yingluck was retroactively impeached by the junta-appointed National Legislative Assembly (NLA) in August for suspicion of corruption in a rice-subsidy scheme she oversaw as PM. The scheme operated at a loss and cost the state several million baht.

A criminal case against her was filed with the Supreme Court, and she now faces a possible 10 years in jail. For civil compensation, the NCPO avoided a lengthy judicial process by commissioning an ad hoc tribunal under the Government Tort Act. Under this, a large part of Yingluck’s assets could be confiscated – an outcome that could cripple the future political ambitions of both her, and her brother Thaksin Shinawatra.

But the NCPO’s anti-corruption campaign has gone further than holding Yingluck to account.

After coming to power, Prayuth was given instant impunity from section 44 of the Interim Constitution, allowing him to overrule any law and regulation at his will. In addition, the NCPO, upon receiving a list of suspected civil servants and local officials from the National Anti-Corruption Commission (NACC), invoked its dictatorial power to immediately remove or suspend these suspects from active posts.

Furthermore, the NLA amended the anti-corruption law, adding the death penalty to the charge. The upcoming constitution will probably contain more chapters on public morals as well as severe punishment for unethical politicians.

These aggressive measures appeal to the junta’s supporters who believe that such powers will quickly rid the country of corrupt politicians.

They might reluctantly admit that Prayuth’s personality is rogue and erratic. That the NCPO’s policies might resemble the Thaksinomics once so widely derided. That people’s rights and liberties are almost absent. And that the country has been humiliated in the international arena.

But still, they insist, this is better than former PM Thaksin’s administration because Prayuth is rescuing Thailand from corruption.

Yet is Thailand becoming less corrupt? Has the NCPO’s aggressive campaign transformed Thailand into a country where the rule of law and transparency reign? The reality points to the opposite. The country is as corrupt as before, or even worse.

For example, the business sector has reported that “commissions” for government projects has risen to 30 or 50 per cent of the total project value. Local mafias on the street were replaced by men in uniform to whom vendors still pay protection.

The NCPO has also appointed their relatives to the administration. Prayuth’s brother was appointed into the NLA and the NCPO. National Reform Council members appointed their spouses and offspring as assistants.

Asset disclosure revealed unjustifiable wealth in many NLA members’ accounts. Prayuth’s cabinet was also accused of procuring extraordinarily expensive microphone sets that prompted public outcry.

Despite these allegations, the NCPO’s supporters argue that while corruption persists, it is of a smaller scale than before. They conclude that Thais have to tolerate the lesser evil to eliminate the greater one. Such pragmatism is in great contrast to the ultra-moralistic standard they applied to previous cabinets.

Such claims are naïve for two reasons.

First, corruption within the Thai army is not at all small. Fraud can be found at many levels. Officers enjoy bribes from Thai men who want to avoid compulsory conscription. Once within a barracks, officers can take a portion of conscripts’ salary. Later, these conscripts can be allocated to generals’ houses as servants, gardeners, and drivers.

The army has also triggered many multi-million baht scandals involving weapon and equipment procurements; armored vehicles, fighter jets, bomb detectors, even aerial surveillance balloons. This corruption is so systemised that people tend to forget that it exists.

Second, the solution to corruption is far more complicated than exercising authoritative power, punishing the accused and hoping that this brutality intimidates others.

Corruption thrives in Thailand because its culture suits the practice so well that a few transfers or even imprisonments will never correct the ill practice.

Thailand is known for its deference to seniority, its hierarchical social structure, and face-saving, all of which allows corruption to flourish. No one offends the powerful senior by accusing him of wrongful conduct, even when it is obvious. Whistle-blowers are often condemned for causing shame to an organisation.

In order to change these attitudes, Thailand needs to instill a sense of equality and openness. Dissent must be encouraged. Misconduct should be reported without fear of revenge. Unfortunately, the junta could never offer such values, for it is one of the most hierarchical and opaque institutions in Thailand.

Section 44 is not the magic tool many expect it to be. Corruption is the symptom of a deficit in the rule of law, particularly when people cheat the system for personal gain. In this light, the NCPO’s exercise of section 44 deepens the culture of cheating, confirming for the public that the end justifies the means.

Since corruption is ingrained within society, any anti-corruption campaign has to plan for a long-term and systematic operation. Consistency and fairness are two important keys.

But Prayuth’s attention span is short. Prosecution has been sporadic. Moreover, his anti-corruption campaign has only seemed to hit only the Shinwatra family while many other cases involving the NCPO’s allies remain untouched.

By not acting even-handedly, the public has seen Prayuth’s anti-corruption campaign for what it really is; rhetoric to harass his personal enemies.

This unfair approach will not teach people to stop being corrupt;  it simply encourages them to choose the right side of politics, so they can continue to commit bad deeds.

Thailand’s latest corruption scandal – Rajabhakti ParkIn its supposed quest to rid Thailand of corruption, the NCPO’s biggest challenge has recently emerged.

In early November, the junta made high-profile arrests of a famous fortune-teller and two policemen for lese majeste. These arrests led to more warrants for army officers who fled the country and were later dismissed without honours.

The case continued with the mysterious deaths in detention of some of the accused. It also emerged that these men were involved in alleged corruption in the construction of Thailand’s newest major landmark, Rajabhakti Park.

Rajabhakti Park is located on the southwest coast of Thailand. It displays huge bronze statutes of seven great ancient Thai kings in order to commemorate their reigns and inspire loyalty to the current monarchy.

The park is the masterpiece of former Army Chief, Udomdej Sitabutr, who boasted about raising hundreds of millions of baht through donations and finishing the construction in only a few months.

But investigations have revealed that a large portion of the donations were diverted into people’s pockets. Sculptors admitted that they were paid much lower than the official price. Palm trees, quoted at 300,000 baht each, were actually donated for free.

The Rajabhakti Park scandal has caused serious damage for the NCPO. The scale of corruption is large with possibly hundreds of millions of baht embezzled. Moreover, it challenges the army’s notion of loyalty.

The army was caught benefitting illegally from the monarchy’s revered status, an act that brought disgrace to the palace. Finally, in addition to several mid-ranked officers, evidence ultimately pointed to Udomdej.

Although Udomdej retired in October, he is still an active member of the NCPO, and is deputy defence minister. He failed to clear himself of accusations of corruption when he gave an interview on the topic. He admitted that there was corruption but all money has since been returned as a donation to the project.

The army is not used to purging its own personnel. If it does, it will be in a kangaroo court, not through a normal judicial process. Usually, only a few low-ranked officers are held accountable; the big fish get away.

But the NCPO is now a political body in the public spotlight. The Rajabhakti Park case posed a dilemma for them. If the NCPO punished Udomdej, it would be breaking the long-held tradition of unity within the military and also upset the regime.

But if the NCPO spared him, it would not seem any better than former Prime Minister Thaksin Shinawatra, who was tainted with corruption, disloyalty, and favouritism. After a brief internal probe, the current Army Commander-in-Chief, Theerachai Nakvanich, announced that the commission found no corruption.

He then lost his temper when one female correspondent asked for a financial statement. He ranted that he could not understand why people wanted to punish those with good intentions. The lame press conference did more harm than good to the NCPO’s reputation. It made it seem they chose to cover up the crime of its cronies, just as any politician would have done.

The press continues to investigate the story and the National Anti-Corruption Commission have finally accepted the case. These latest developments prove how incompetent the army is in tackling corruption and how unrealistic the pragmatic hope of choosing the lesser evil over a supposed bigger evil is.

Meanwhile, the “still better than Thaksin” mantra, has lost much of its charm.

While the most ardent supporters of the NCPO insist that this scandal was Thaksin’s plan to sabotage the government, many finally woke up to reality and grieved that their sacrifice during the Bangkok Shutdown campaign of 2014 had been wasted.

But what can one do against a corrupt junta? No courts will try the case and the public cannot recall the previous government. Hopefully, Thais will learn that only a good ‘checks-and-balances’ system and a democratic culture can make Thailand transparent; not a benevolent dictator.

They should push for more democracy, not less. But at present, Thais can only wait for the NCPO’s mercy to step down.

Prasit Wongtibun is a pen name. The author is an observer of Thai politics and law.

9 years ago today - coup against Thaksin Shinawatra | New Mandala

9 years ago today | New Mandala

 

NICHOLAS FARRELLY, 

19 SEPTEMBER 2015

A lot has happened since the coup against Prime Minister Thaksin Shinawatra on 19 September 2006.

Since then millions of words have been welded into shape in the hope of explaining Thailand’s history of stop-start dictatorship. Hundreds of talented and courageous people have contributed to this effort.

Special acknowledgement should be made of work by the likes of Pavin Chachavalpongpun, Tyrell Haberkorn, Duncan McCargo, Somsak Jeeamteerasakul, Nick Nostitz, Ji Ungpakorn, David Streckfuss, Chiranuch Premchaiporn, Joshua Kurlantzick, Charnvit Kasetsiri, Craig Reynolds, “Bangkok Pundit”, Federico Ferrara, Des Ball, Thongchai Winichakul, Chris Baker, Kevin Hewison, Khemthong Tonsakulrungruang, Michael Montesano, “PPT”, Patrick Jory, Thorn Pitidol, Michael Nelson, Pasuk Phongpaichit, Andrew MacGregor Marshall, Pravit Rojanaphruk, Michael Connors, and so many others.

There is much disagreement among such a distinguished cohort, yet, from my vantage, everyone plays their own important part in telling this fiendishly complex story. The grand symphony of explanation eventually finds concordance.

Sadly, for all this valuable academic and analytical attention, there’s every chance that next year’s 10th anniversary of the 2006 coup will be marked under the leadership of General Prayuth Chan-ocha. By his own account, he’s prepared to settle in for the long haul.

Given the current circumstances for Thailand’s democratic voices — too many of whom are on-the-run, locked up or cowed into silence — it is important to recognise the trauma of these past 9 years. Much has been lost along the way.

It is also good to reconsider what we wrote back right at the beginning, in the week of the 2006 coup. For those keen to take a wander down memory lane there is plenty of early New Mandala coverage of military rule: pieces like this one by me, and this one by Andrew Walker.

***

What next? Another decade of topsy-turvy political competition? The final strangulation of dissent? More violence? The long feared civil war? Something worse?

Since the 2006 coup one of the biggest changes has been critical discussion of the political role of Thailand’s royals. Over the past 9 years, their entanglement in anti-democratic politics has received a great deal of scrutiny.

In light of that scrutiny, there seems to be more gloom ahead for a country whose battered democratic institutions have proved no match for royalist and military might.

Nicholas Farrelly is a co-founder of New Mandala, a website launched on 16 June 2006.  

The perils of Prayuth | New Mandala

The perils of Prayuth | New Mandala

CHATWADEE ROSE AMORNPAT, GUEST CONTRIBUTOR, 

15 SEPTEMBER 2015

Thailand’s prime minister and coup leader General Prayuth Chan-ocha. Photo: Reuters.

Junta leader General Prayuth Chan-ocha is not only an embarrassment to Thailand but is endangering the country. 

The man behind Thailand’s latest coup of 22 May 2014 was General Prayuth Chan-ocha, a close aide to the Thai queen for many years.

He is an ultra-royalist and has served members of the royal family with flying colours, receiving numerous royal decorative titles.

Prayuth is unpredictable and dares to do things most army officers won’t. That might be one of the factors explaining why he was promoted to Chief of the Army in 2010.
Thailand’s latest coup is not the only one which Prayuth has been involved with. He was credited as having a key role in the 2006 coup that toppled then Prime Minister Thaksin Shinawatra.

Unfortunately, toppling elected governments is not the worst of Prayuth’s behaviour.

After he appointed himself as prime minister last year, Prayuth has behaved so outlandishly he has put Thailand to shame. His behaviour is both dangerous and detrimental to the country.

His list of tirades, tantrums, tellings-off and foot-in-mouth gaffes is long.

For example in September 2014, after two British tourists were murdered on the Thai island of Koh Tao, Prayuth made a damning statement and triggered an uproar by insinuating that foreign visitors — sexy ones, at least — were endangering themselves by dressing skimpily.

“I’m asking if they wear bikinis in Thailand, will they be safe? Only if they are not pretty,” he said.

He’s even admitted to being plagued by multiple personas. In November 2014 he told the press:

I’m well aware that I have a short temper.

Today I’ve calmed down a lot… I have to thank you for the warnings and suggestions. And I won’t change my personality, because I already have several personalities.

And of course, he’s not adverse to threats and physical violence.

Last November, while giving an impromptu news conference to mostly Thai reporters in the northeastern city of Khon Kaen, Prayuth while patting the head of a cameraman in front of him, then began nonchalantly massaging and twisting the man’s ear as he took questions.

In December, when Thai reporters asked Prayuth to face the camera during a public event they were covering, the junta leader took the peel off a banana he was eating and hurled it at their heads.

Of course nothing gets him worked up more than criticism of himself, his leadership and his government, the so-called National Council for Peace and Order.

In March he said: “The other day I was asked by a reporter what kind of works the government has done. I almost punched that person in the face. I have done so much. Can’t you see?”

That same month, while giving a speech, he came out with this little gem on the relatively merits (and definitions) of freedom:

In the past, our society experienced many problems because we were too democratic. Thailand remains “99 per cent” free, because if it wasn’t we’d jail (our opponents) and put them before the firing squad. Then it would all be over and I wouldn’t have to lie awake at night.

Last but not least, Prayuth was given a mandate from the palace to root out the Shinawatra clan from Thai politics.

An ongoing legal case means that Yingluck Shinawatra may soon suffer the same fate as her brother, currently living in exile.

The contentious rice subsidy scheme initiated while Yingluck was PM was meant to help boost Thai farmers incomes by buying their rice at above market prices.

The flagship policy helped sweep her into power but has also left Thailand with a mountain of debt and rice. The scheme has now seen Yingluck banned from politics for five years.

The royalist military junta is also suing Yingluck over the scheme, alleging that her government had lost tens of billions of baht. The current junta government is likely to demand compensation from Yingluck and her previous government.

If this judicial coup is successful, all Yingluck’s assets will be seized and she may face a jail term. My sources in Thailand have indicated that the top elites would want her to flee the country just like Thaksin.

However what should concern people most about Prayuth, more than his odd behaviour and desire to root out the Shinawatra clan, is the ‘China Card’ he is now playing and flaunting in the face of the West. He has steered Thailand firmly into the arms of the People’s Republic of China.

For example, several contracts have been awarded to China to build mega projects in Thailand, including a high speed rail linking the two countries. A delegation of high ranking Royal Arms forces also recently visited China.

This is a very dangerous game that Prayuth is playing, in the light of several and valuable assistance programs Thailand has received from countries in the West, including the United States, the United Kingdom and Australia.

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.

Thai junta turning tragedy to farce | New Mandala

Thai junta turning tragedy to farce | New Mandala

LEE JONES, GUEST CONTRIBUTOR, 

21 AUGUST 2015

A few ideas? General Prayuth talks to Thai journalists. Photo by Reuter/ Athit Perawongmetha.

In the aftermath of the Bangkok bombing, all we’ve seen is an investigation characterised by inconsistency and incompetency.

As sympathetic as everyone must be towards the Thai and other victims of this week’s bombing at Bangkok’s Erawan shrine, we must also recognise that the Thai authorities’ response is turning a tragedy into a farce.

The host of contradictory statements emanating from police and, especially, from the erratic and incompetent dictator, General Prayuth Chan-ocha, suggest severe internal disarray, making it unclear whether the perpetrators will ever be caught.

There have been at least three major sources of confusion. The first is the nature of perpetrator. Initially, they were supposedly Thai: Prayuth instantly linked the bombing to an ‘opposition’ (ie Red Shirt) group based in Thailand’s northeast. The regime’s spokesman quickly rowed back from this, saying they could be foreigners.

Following the release of extremely grainy CCTV footage showing a yellow-shirted figure leaving a backpack at the shrine, police quickly declared – on no apparent basis – they were seeking a ‘“Caucasian” or “Arab-looking” man’ (sic).

However, the advisor to the deputy prime minister for security later stated it was unclear whether the figure was even a man or a woman. The release of an identikit apparently confirms his sex, but certainly not his ethnicity. Police still admit he could have been a Thai in disguise.

Secondly, how many culprits were they? Police initially declared that yellow-t-shirt man was ‘not just the suspect: he is the bomber’. Now they say they are only ‘more than 50 per cent sure’.

They subsequently identified two others in the CCTV footage as his accomplices. They then backtracked, saying that subsequent footage proved their innocence since they reacted ‘girlishly’ to the blast – truly a deduction worthy of Sherlock Holmes. (The two terrified men later handed themselves into police and were swiftly cleared of involvement.)

Even before that, though, other police spokesmen were saying that at least 10 peoplewere involved in a ‘network’ – apparently pure guess work.

Third, were there any international linkages and motives? Initially it was implied that the supposed ‘network’ of 10 involved foreigners – though it took three days for Thai police to file the case with Interpol. However, international terrorists were then ruled out – apparently solely on the basis of discussions with allies’ intelligence agencies.

Prayuth again boldly declared this, while also dismissing any link to the recent deportation of 109 Uighurs to China (which might explain why Chinese tourists were apparently targeted). Yet, it was simultaneously reported that the police had been pursuing this as their main lead, with Special Branch having specific forewarning of a possible attack on Chinese tourists after 11 August.

Nonetheless, this was apparently scotched by Prayuth and his allies, who are stilltrying to refocus attention on internal oppositionists. Others in the police are suggesting an organised crime link – though why the Thai mafia should want to bomb the Erawan shrine is anyone’s guess.

Obviously, any attack of this sort, which catches security forces entirely unaware, creates confusion and panic, and a wide range of hypotheses must be investigated to narrow down an investigation. But the Thai response is particularly chaotic.

Yesterday, BBC reporter Jonathan Head found fragments of the bomb near the shrine and was unable even to hand them in to police – who instead subsequently criticised Head’s own knowledge of explosives.

Indeed, the haste with which the shrine has been swept and repaired may have seriously compromised the investigation. Prayuth and his allies have obviouslyprioritised the restoration of superficial calm and ‘happiness’ over apprehending the culprits.

This is all redolent of the 2006/7 New Year bombings in Bangkok.

Then, as now, the military ruler, Surayud Chulanont, instantly (and baselessly) blamed the Red Shirts. Then, as now, the sites were rapidly swept and repaired, undermining the investigation.

Then, as now, the regime seemed to be caught in complete internal disarray, with suspects ranging from Thaksin’s friends, to Thaksin’s enemies, to the police, to factions within the military regime itself.

Then, as now, Thailand’s Muslim separatists were instantly discounted as suspects – yet the best guess of Thai intelligence today is that the Pattani United Liberation Organisation was responsible (possibly with external assistance from Jemaah Islamiyah). This is consistent with the fact that no one ever claimed responsibility – a hallmark of separatist bombings in the South.

It also refutes the suggestion, repeated today, that the separatists have never struck outside the South and have never harmed tourists (10 foreigners were among the 38 injured).

Ultimately, no one was ever caught for the 2006 attacks. This could well be the outcome this time around.

The Thai police’s professionalism, competence, expertise, political independence and moral rectitude have not noticeably improved in the intervening nine years; they appear well out of their depth. Prayuth is even worse than Surayud: paranoid, bombastic, loose-mouthed, erratic, idiosyncratic and ignorant.

Having presided over a security disaster, he now has every incentive to direct investigators away from anything for which the military could also be blamed – notably the escalating Southern insurgency and the Uighur deportations.

Unsurprisingly, Prayuth immediately refused offers of external assistance – including help from the British government – as attempts to ‘intervene’ in Thailand. His brilliantsolution was instead to urge Thai police to watch the US crime drama Blue Bloods to get ‘tips, ideas and insights’.

Many Thais see all this as a national disgrace. They are right.

Lee Jones (@DrLeeJones) is Senior Lecturer in International Politics at Queen Mary, University of London. He is author, most recently, of Governing Borderless Threats: Non-Traditional Security and the Politics of State Transformation (CUP, 2012).

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. 

Soldiers with democratic hearts? | New Mandala

Soldiers with democratic hearts? | New Mandala

 

NICHOLAS FARRELLY, 

30 JANUARY 2015

From a distance, it feels like post-coup politics in Thailand is heating back up. Efforts to neuter former Prime Minister Yingluck Shinawatra’s chances of a political comeback are hitting the mark. Her enemies don’t want a charismatic Shinawatra anywhere near the top jobs.

At the same time, the United States is being called out by Thailand’s generals for the apparently harsh tone of its recent observations about the state of Thai democracy. To my ears, the Americans were just calling a spade a spade.

But that’s not how General Prayuth heard it. He told the media:

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, even though we have been close allies for years…

In another recent reflection, General Prayuth offered:

I am a soldier with a democratic heart. I seized power because I wanted democracy to live on…

What should we make of these statements? Do we doubt the general’s sincerity?

Just this week, clampdowns on important democratic forums, like this one, are rolling along. There are also new additions to the long list of concerns about limitations on Internet discussions.

For 2014, Freedom House gave Thailand an abruptly downgraded score; the biggest drop anywhere. Given all of the military’s work to strangle the opposition and stamp out dissent, it would be hard to quibble with the Freedom House assessment.

The problem for Thailand’s military rulers (and their sympathisers) is that they don’t much like being called a dictatorship. They get irritated at the assertion that their 22 May 2014 coup or the earlier effort on 19 September 2006 were undemocratic initiatives. They hold to the notion that some coups are democratic, worthy, even righteous.

In our world of infinite spin and media massage, General Prayuth and his key allies, including General Prawit Wongsuwon, must be struggling to maintain a straight face.

It doesn’t help when General Prawit is forced to deny rumours of negotiations with deposed former Prime Minister Thaksin Shinawatra. Whatever he says, the fact of political life in Thailand, and elsewhere, is that there is always the prospect of a deal.

To understand why that matters in Thailand the idea of the “un-state” introduced a few years by Craig Reynolds deserves further attention. It suggests that the entire Thai political system is shaped by pushes-and-pulls. For now, General Prayuth and General Prawit need to push much harder if they want to convince skeptics of their democratic zeal.

Nicholas Farrelly is the co-founder of New Mandala. In 2013 he published an article on Thailand’s “elite coup culture“.

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