| Thailand’s Constitutional Merry-Go-Round |
| Written by Daniel Ten Kate | |
| Monday, 20 August 2007 | |
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The country’s 18th charter exposes Thailand's deep political divides
The country’s 18th constitution, spawned in the wake of last September’s military coup that ousted prime minister Thaksin Shinawatra, clears the way for an election at the end of the year that will likely see a party of ex-generals led by retiring coup leader Sonthi Boonyaratglin attempt to cling to power.
Every region except the country’s poor northeast, which formed Thaksin’s base, voted to approve the constitution. With 95 percent of the votes counted, the Election Commission said 14.3 million people, or 56.7 percent, voted Yes while 41.4 percent voted No. Turnout was about 57 percent of about 45 million voters, in line with expectations.
Northeastern voters roundly rejected the charter, with 63 percent voting No and only 36 percent voting Yes. The results indicate that poor rural voters are likely to vote in Thaksin loyalists in the general election scheduled for December, setting the stage for more political fighting going forward.
The new constitution was supposed to rectify the misdeeds of the Thaksin years and restore true democracy to Thailand. In a white paper penned a month after the coup, the junta stated plainly: “The coup took place because the principles and the spirit of the 1997 constitution were destroyed. The [coup leaders] are committed to swiftly restoring democracy.”
But while Thaksin unquestionably sought to undermine the old constitution through co-opting independent bodies during his tenure, the junta is guilty of the same sins since it took power. The new constitution empowers the same anti-Thaksin bureaucrats, judges, soldiers and royalists that tinkered with and rewrote the law for political gain, leading many voters to tire of an elitist power struggle that is heavy on buzz words like “democracy” and “human rights” but light on any tangible steps to make them a reality.
Even a cursory glance at the state of independent bodies now should give anti-Thaksin zealots who claim to love democracy cause for concern. The Election Commission just oversaw a referendum on a constitution that two of its five members helped to write and that allows them to maintain their jobs for the next six years. The National Counter Corruption Commission has taken a back seat to the Assets Examination Committee, a junta creation that froze Thaksin’s money on dubious legal grounds. A seven-member committee comprised mostly of judges will now appoint nearly half of the new 150-member Senate, which is tasked with overseeing independent agencies. Indeed, most worrying is the judiciary itself. The troubles began in April 2006, when King Bhumibol Adulyadej made a speech telling judges “to solve the problem” stemming the political stalemate that had gripped the country since Thaksin initially dissolved Parliament in February 2006.
Since then, nearly every major court decision has been laced with political overtones, infuriating legal experts who fear the judiciary’s independence has been compromised. Moreover, the new constitution grants new powers to judges to appoint members to key independent bodies, giving them more powers outside the courtroom that threaten to undermine their objectivity.
The recent disclosure of taped conversations held last year between two judges and an unidentified bureaucrat reveals the extent to which Thailand’s judiciary skirted the law to void the boycotted April 2006 election and toss the previous election commissioners in jail. The Asian Legal Resource Centre (ALRC), in conjunction with the Asian Human Rights Commission, has posted a transcript of the conversations on its website with the following caveat: “Although the authenticity of the recording had not been confirmed at time of going to print, it has not been denied.”
Jakrapob Penkair, a former Thaksin government spokesman now leading anti-coup demonstrations, aired the taped conversation at a public rally in May. Police are now seeking to bring charges against him under a coup group order that bans the airing of wiretapped conversations without authorization.
The most damning part of the conversation quotes Supreme Court Secretary Virat Chinvinijkul revealing that the courts had already agreed on a verdict before the cases ever went to trial, according to the ALRC transcript.
“We ourselves when making announcements don’t dare to mention the Royal Address because it would be like we just followed what [the king] instructed,” Virat says. “The foreigners won’t accept it.”
All of the major court decisions over the past year put political expediency ahead of justice. As if playing by a script, the courts nullified the April 2006 election, tossed the election commissioners in jail, dissolved the Thai Rak Thai party and banned its executives for five years.
Now the generals have issued arrest warrants for Thaksin and his wife Pojaman for conflict of interest for the 2003 purchase of a prime land plot. More warrants are expected in the coming weeks.
Thaksin is sitting comfortably in England at the moment, watching happily as his newest investment, Manchester City football club, sits atop the Premier League with three straight wins. He also has his lawyers working overtime to prepare to fight an extradition request from Thailand.
That certainly won’t be easy, no matter how confident Thai leaders appear in public. A British court previously threw out a Thai government extradition request for Pin Chakkaphak, the former head of a finance company that went under in the 1997 financial crisis, because Thailand doesn’t offer trials by jury.
Given the many other dubious legal decisions over the past year, it’s even more unlikely that Britain will determine that Thaksin could get a fair trial in Thailand. By the time the lengthy process goes through, the CNS should be out of power. And, by that time, politicians will again have some power, but how much remains to be seen. Already a day after the referendum, Democrat party leader Abhisit Vejjajiva called for political parties to join together to amend the new constitution—a call taken up by former members of Thaksin’s Thai Rak Thai party.
Politicians of all stripes have an interest in changing the new charter, which cuts the legs off political parties in favor of non-elected bureaucrats, soldiers, and judges. Just how much the politicians will be able to stand up to the formidable group of coup supporters remains to be seen.
One thing seems clear. Instead of “restoring democracy,” the coup leaders have simply rewritten the rules to favor themselves—an abuse of power akin to that for which they tossed out Thaksin. Now the conflict looks set to continue as various groups struggle for power, and only a few continue to fight for a real democracy. Comments
(14)
 written by Oliver , August 29, 2007
Can anyone believe anything that this government, or their master(s) say? It is not long since they claimed that it was their sincere aim to promote unity in the country after Thaksin had created division. They have created far more division in their relentless persecution of Thaksin and the alienation of all who oppose them. This is all going in one direction – towards a civil war. Whoever is directing the incompetent charade should stick to his own position and not interfere directly and indirectly in the running of the country and the future of the Thai people. This is an example far worse than the claimed dictatorship of Thaksin. Personally, I was one of Thaksin's harshest critics, but I never understood just what and who he was up against. Whatever he might have done pales into insignificance when compared to what others have inflicted onto the Thai people. What we have now is far worse, with more to come.
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I agree with those who are demanding the return of Thaksin, but not to face charges which are clearly being fabricated against him by 'bending' the law and applying it in a way that has only been done to the poorer people before. They nhave furthermore tried to destroy his credibility and reputation. He should be allowed to return and let the people decide his fate or fortune, not this despicable "Elite", who will certainly 'protect' him by putting him in jail where he can't talk, and who will probably end up sharing his confiscated assets. The people of Thailand will never see anything out of those. It will all be siphoned off – legally, of course. Just look at the huge billboards around Bangkok. How much money is spent on the pictures of The Great Dictator? This could have been spent on nimproving the lives of the deprived Thai people. All they do is to pursue a 'divide and rule' policy. report abuse
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Your article and graphics clearly illustrate the divisiveness of the military sponsored constitution.
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The Thai Election commission voting statistics showed that 67% of Thai's did not vote for this constitution. A graph of the results is here: http://www.lfslessonsasia.com/...tution.jpg Here is also a Law and Society lesson plan to encourage independent thinking about what makes good laws. http://lfslessonsasia.com/thai...esson.html A sample of the questions for grades 6 - 12 ask: 1- Students to decide if the Thai Constitution is a reliable document given its history. 2- Students to discuss why Thailand has had so many military coups and so many constitutions. report abuse
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 written by Poor man , August 23, 2007
The Thai and Burmese military share one common thing: stupidity and ignorance of economic matters. They only know how to use their guns to threaten civilians. Just look at the Burmese people's brave protests against oil price hike recently and the TOT trade union's demand to sack the company board which includes the midget general saprang. Under saprang, TOT has lost billions baht of revenues. Do you expect these people in uniform to run your country ?
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 written by garibaldi , August 22, 2007
Yes the country is deeply divided, and most are either afraid to say what they think or simply don't think anything. They blindly wear their yellow shirts every Monday. It is refreshing to see a new colour –red, entering the fashion scene. The reds will hopefully soon outnumber the sickly yellow brigade. Why don't the Thais wake up to who their problem really is instead of this deification.
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 written by TV watcher , August 22, 2007
ASTV channel belonging to Sonthi Lim through its handsome and pretty commentators this afternoon talked at length about the success of the Buriram voters to defeat the "old powers" vote-buying campaigns. I believe this Sonthi should read more Asia Sentinel articles to see the truth that he has been abandoned and ignored by the junta.
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The military is now trying everything to win the forthcoming election, supposed to be held on Dec. 23, 2007, but will never get people's hearts as majority of Thais know what there is right and what is wrong.
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The elected corrupted government is still better than the military government because we at least have some freedom of speech and the media can also keep watching on what is going on, but under the military rule we cannot even know what they will do with - defence budget increasing nearly 50% in the next fiscal year whereas deducting budgets for all health care programs, - secret budget ( all most of Generals in the Royal Thai Army, Air Forces, Navy and Police live luxuriously - big houses, expensive cars, having sent their kids to study abroad, etc. Where do they get money from?) report abuse
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Athita is right. The bigger story, the one nobody wants to talk about, is the criminal conspiracy that deliberately overthrew the previous legal government, circumvented all jurisprudence to get and punish the ousted prime minister, and then re-wrote all the rules so that the masterminds of this criminal conspiracy reap all the rewards of their crimes.
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And the tragedy in all this is how the world allowed this to happen without protest. These are not only dark times for Thailand's political development, but, in my opinion, for the West and the human rights groups as well who have stayed silent and enabled the conspirators in their nefarious plot. An entire people were disenfranchised by the last coup, and the world was silent. We had a sham constitutional and referendum process that allowed no public participation or opposition. This is 2007. Did we learn anything from the pain and suffering of the last century? Apparently not. report abuse
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 written by David Barneby , August 22, 2007
Many aspects of the present Thai political situation are disquieting .
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I live in N/E. Many people who voted "Yes" to the constitution ; said their only reason for doing so , was to have a general election as soon as possible, to get rid of the military dictatoship and the present disasterous government . I think that may be characteristic of voters all over Thailand . Isaan People , simple farmers as they may be, are not stupid or ignorant. It may be charged that under the Thaksin government , they were the beneficiaries of government subsidies and loans . For successful governing of a developing country ; where most people are poor and some very poor; it is necessary to lift the very poorest to a subsistant level. The N/E is a great grain producing area ; grain is one of Thailand's major exports . The new Charter has many worrying aspects ; particularly the proposal that the Senate be made up largely of selected Civil Servants. The Civil Service is a job for life in Thailand; for which a great many people apply . Entry is gained by examination; which for many people passing is so important, that they are prepaired to pay a substantial sum of money for assistance in passing the Exam. When this is so, One begins to wonder what the actual calibre of person makes up the Civil Service; whether those who have risen the top are actual competent to be appointed as members of the senate. Under the present "Appointed Government" the military junta are able to draft a Constution how they like , to justify the Coup, their existance and to save their own skins. I accept that this is Thailand, but would I be mistaken in thinking; that a future democratically elected government , might be able to drop the New Constitution in favour of the 1997? report abuse
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 written by Samson Na Bangsai , August 21, 2007
I salute Asia Sentinel for the through, unbiased analysis of the August 19, 2007 referendum. I wish Thai local media could maintain such high standard in reporting the news. Many of us have been so fed up with most local news that we don’t want to turn our TV’s on. All channels are overwhelmed with pro-dictator programs. Having read this good article of yours, I couldn’t help joining in with a comment.
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First let me state some of the reasons why this referendum was unjust. 1. In any democratic country the state should remain neutral and let people cast their votes freely. The government and military junta, however, use every means to help the constitution pass. They ordered all government officers to lure, convince, or even threaten people in their regions to vote yes. Voices against the draft were muffled. The local heading news today clearly confirmed this. The governors and responsible officers in the vote-no regions were facing penalty for unsuccessful voter control. 2. Martial law is still in effect in 35 provinces. In such areas, there is no way to guarantee that the vote counts were not tampered with. 3. 2 out of 5 election commissions, who administered this referendum, are the ones who drafted the constitution. So it’s just as disturbing as watching a soccer match where one team has half their players crippled, the goal keeper on wheelchair, and the referees bet on the other team. With all those disadvantages, 10 millions were determined to come out and vote no to the draft, the majority of those were in rural areas where they were ridiculed as uneducated. I see this significant vote count as a landmark for democracy in Thailand. The military junta thought Thai people were so ignorant that they could do anything to stay in power. This vote result has said otherwise. report abuse
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Best analysis I've seen yet of the referendum's meaning. It really appears that the military-drafted constitutional "solution" isn't much of a solution at all.
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Hi ,
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It is my understanding that martial law was still in effect over half of Thailand up to the election. 19 million voters chose not to vote (although I believe they are obligated to do so in Thailand) 11 million voted No 15 million voted Yes 45 million total eligible Thai voters . As you explained. The divide is clear and deep. report abuse
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 written by Om pra ma put ko may ch'a , August 20, 2007
Asia sentinel: The great White man teaching dark monkeys how to live. Skinheads with degrees and house maids.
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 written by Athita , August 20, 2007
I love your articles Daniel. Been reading yours for awhile and I found that you're good journalist which in my definition is, you look for sources, deep informations and well-understanding the situation. You know what, these characteristics, Thai media mostly don't have. I'm seriously saying that.
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Another "funny" thing about Thai justice system, one of the anti-coup leader who got arrested recently and bailed out, was a former Permanant Director of Criminal Court. His name, Mr. Manit Jitjanklub. He's retired judge. When they were accused by police Chief for making "noise" in front of Gen. Prem's house, they told the criminal judge that they would go to the court for acknowledging the allegations. According to the procedure, police cannot "arrest" in the court perimeter. Both sides had made promise. When they showed up, the police then arrested them. Although Mr. Manit claimed it's not possible to do according the criminal law trial procedure, but the police refered one line in the article, says like "it's up to the judge's determination". I won't go deeper on this...will let you check it out again. Last example of funny justice system: They are trying to bring Thaksin to justice by asking the U.K. to cooperate. Funny things, they never learn that England has laws to immune the defendant, but these people just keep saying through TV screens, local newspapers like "oh...he (Thaksin) must be extradited and be jailed" They never study...the feasibility. One of the draft writer is former Secretary of Supreme Court who now is Permanent Secretary of Ministry of Justice. When Thaksin got kicked, he went to a house of blue-blooded lady to celebrate with CNS members and those who kicked Thaksin out. Prove? i have photo of that after coup party report abuse
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|
Thailand’s vote
Sunday to accept the junta’s constitution highlights the
country’s deep regional divide instead of serving as a ringing
endorsement of a new dawn for the country’s immature democracy.
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I somehow wish your excellency the US ambassador, who was enjoying the luxury inside, cared to look outside the window to see what was going on. I hope that all human rights societies and democratic governments worldwide would not be so hindered by lies and cover-ups, that they fail to observe the severe violations to freedom and liberty of those who refuse to bow to the tyrants and elites. Or is the ideology of reinforcing global democracy and human rights just a political hype after all?