military

Despite denials, Thailand's online surveillance plans are alive and well

Originally published at Siam Voices on October 22, 2015 "We will not talk about this any more. If we say we won't do it, we won't do it," said Thai Deputy Prime Minister Somkid Jatusripitak at an economic forum in Bangkok last week. His decisive words were in response to the ongoing controversy over the Thai military government’s plans to introduce an online single gateway.

Last month, Thai internet users discovered a cabinet resolution surveying the implementation of a single online gateway ”to be used as a device to control inappropriate websites and flow of news and information from overseas through the internet system.” Subsequent resolutions ordered the Ministry of Information and Communication Technology (MICT) and related agencies to speed up their preliminary work.

If realized, Thailand’s internet traffic would be bottlenecked through a single gateway, making it possible for officials to filter and block undesirable content. This is in line with the military junta’s ongoing efforts to monitor and censor dissenting voices, both in real life and online, ever since it launched a military coup in May 2014.

Amidst widespread criticism and a coordinated mass-click-and-refresh bombardment that briefly knocked several government websites offline, Thai officials were scrambling to calm public opinion, only then to contradict themselves justifying why the junta wants to have a single gateway in the first place. The explanations varied from economic reasons, cybersecurity concerns and ultimately ending at Thai junta leader and Prime Minister General Prayuth Chan-ocha being initially ”worried” about the ”youth addiction to online games and access to inappropriate media”.

A week later, the government was hoping that the debate had died down. However, despite repeated statements insisting that it won’t pursue the single gateway plan anymore, not everyone is convinced by their declaration. And it seems there is more trouble coming the junta’s way:

Online activists have announced they will launch attacks against the government beginning Thursday after the prime minister said the project to route all internet traffic through a single point of control is still alive.

The coalition of anonymous internet users known as Citizens Against Single Gateway last night warned private sector operations with IT systems linked to government servers to transfer them to safe places before the assault on government systems begins at 10am on Thursday.

Those behind a crippling attack earlier this month, the Thailand F5 Cyber Army, issued the announcement yesterday after Prime Minister and junta chairman Prayuth Chan-ocha said agencies are still studying the project (…).

First Chapter of ‘Cyber War’ to Begin Thursday”, Khaosod English, October 21, 2015

The little detail that the government is "still studying" the single gateway plan is enough reason for opponents to distrust the Thai military government. But there are several more signs that justifies the continuous skepticism by many online users.

CAT TELECOM has announced that it will proceed with the plan to build a national Internet gateway, which it claims would help make Thailand a digital hub in Asean.

The aim of the project is not to control the flow of information into the country over the Internet as some fear, said CAT acting chief executive officer Colonel Sanpachai Huvanandana. He said a working committee for the project would be set up. Whether that committee is under the Information and Communications Technology Ministry or under the Digital Economy Committee is up to the ICT minister.

The national Internet gateway is one of two priorities for making Thailand a digital hub for the region by expanding capacity and reducing costs. The other is to have large content providers such as Facebook, Google and YouTube establish servers in Thailand.

Net gateway for digital hub”, The Nation, October 21, 2015

The other part of the plan to have internet tech giants like Google and Facebook setting up shop in Thailand (the latter already did) seems ambitious to say the least, given a potentially significant infrastructural disadvantage and previous persistent, but unsuccessful attempts by the military government seeking cooperation of these companies to censor posts deemed insulting to the monarchy and also identify their authors.

At the same time it is being reported that General Thaweep Netrniyom, the secretary-general of the Office of the National Security Council (NSC), could be appointed the head of the aforementioned CAT Telecom. It would be the first time that somebody from the NSC would take up that position at the state-owned telecommunication company and unsurprisingly his focus is expected be on cyber security - just as CAT’s current CEO (a Colonel nonetheless) announced they are still not giving up on the single online gateway.

However, as mentioned before, that is not the only measure by the military junta to control the flow of online information in Thailand. It already has blocked more than 200 websites deemed a threat to national security (source), ordered internet providers to censor on sight, reportedly also procured software to intercept encrypted SSL-connections and additional hacking and surveillance software, it is also in process of passing its so-called cyber laws, a set of bills aimed officially at “preparing Thailand for the digital economy”. But it also includes passages that enables widespread online surveillanceprosecution against intermediaries (e.g. website owners) and more legal uncertaintybenefitting the state more than Thai online users.

Most recently, Defense Minister General Prawit Wongsuwan announced on Tuesday the creation of a new ”Army Cyber Center” specifically to ”protect” the Thai monarchy and to ”keep track of information on media and social media and to sort them out systematically,” essentially underlining their priorities. In August this year, two people were sentenced to a record 28 and 30 years in prison respectively for allegedly posting Facebook messages deemed insulting to the monarchy.

ConstitutionNet: Thailand’s post-coup constitution: Draft punked or ‘Once more with feeling’?

Originally published at ConstitutionNet on October 15, 2015 Thailand has to wait for a new constitution as the drafting process is being sent back to the drawing board with an entirely new Committee taking office last week.

Writing constitutions can be a very costly venture. How costly? In the past 10 months, Thailand’s Constitution Drafting Committee (CDC) was busy creating the country’s 20th constitution. The Committee members convened 158 times and accumulated a bill of 85 million Baht ($2.35 million), according to Thai media estimates– the catering alone cost 23.7 million Baht ($655,000). Was it worth it? Probably not. The constitutional draft did not survive the vote in the National Reform Council (NRC) on September 6, as the fully-appointed chamberrejected it with 134 votes to 105 and 7 abstentions. However, that didn’t really hurt Thailand’s military junta. Ruling since the Kingdom’s 12th successful coup in May 2014, the National Council for Peace and Order (NCPO), as the junta officially calls itself, have had a tight grip on the political process. With heightened media monitoring, censorship and arbitrary detainment of dissidents - euphemistically called ”attitude adjustment” - the junta also tries to control the official narrative.

Much Ado About Nothing?

Throughout the constitution drafting exercise, the stakes were incredibly low for the military government. As the Chairman of the NRC’s Legal and Justice Reform Committee has recently summed up: “The CDC is like a cook preparing food for the NRC. The NRC tasted the food and it was found to be not delicious.” On the one hand, a passed draft would have constitutionally enshrined the junta’s ‘reforms’ to the political system, which would have ended up severely restricting the powers of elected officials, be it through a new voting system, a fully appointed senate or several non-elected bodies that could usurp a co-existing, democratically elected government. On the other hand, a failed process buys another six months for the junta to cement its position and develop a draft constitution more to its liking – a win-win for prime minister and junta leader General Prayuth Chan-ocha.

From among several reasons, two stand out why the draft was struck down - sending back the constitution drafting process to its very beginning. First is the controversial late addition of the Committee for Reform Strategy and National Reconciliation to the draft constitution. Dubbed by the media as the ‘Crisis Committee’, it would have established a military-dominated, extra-parliamentary executive panel shadowing the cabinet of ministers that would have intervened during a yet-to-be defined “crisis situation”. The other reason for the rejection is, as with nearly all government bodies since the coup, the NRC had 29 members from either the military or the police force. CDC Chairman Borwornsak Uwanno hinted that all these members voted against the draft because of orders from their superiors – regardless that the whole process was initiated and dominated by the military junta in the first place. Whatever the reasons for orders were, it has definitely played into the hands of the generals. The failed draft vote has now conveniently extended the junta’s rule for at least another half year, as democratic elections are postponed yet again to mid-2017, since the entire constitution drafting process had to be restarted. According to the interim constitution, the drafting process would not only take another six months, but would also require the establishment of an entirely new CDC and National Reform Council.

CONTINUE READING AT CONSTITUTIONNET

 

ConstitutionNet: Last minute add-on to Thailand’s post-coup constitution: Crisis Committee or the long arm of the military

Originally published at ConstitutionNet on August 31, 2015 “If I were a woman I would fall in love with his excellency.”

Those flattering words were spoken by General Thanasak, until recently Foreign Minister of the Thai military government, who expressed his adoration for the Chinese Premier at an ASEAN security forum in early August. His counterpart, Chinese Foreign Minister Wang Yi, stood next to him looking somewhat embarrassed, not knowing what to say. Some would regard this open adoration as a sign of blooming relations between the two countries. After Thailand’s ties to Western countries soured since its 2014 military coup, it quickly pivoted towards China. The statement regarding the Chinese premier also underlines something else: the desire of the Thai military government to assert a more rigid and streamlined control of governance. Reading between the lines, General Thanasak’s praise for China’s “excellency” also pays regard to its form of governance in general. China’s politburo – the supreme policy-making body of the Communist party overseeing governance – has long been criticized for its level of stricture and unrepresentativeness; yet Thai constitution drafters have openly mooted the idea to implement something similar.

Following the military coup in May 2014, the generals who instigated the movement have been looking to cement their vision of a “reformed” democracy. They preach a system free from corruption, cronyism and imbalance; yet they continue to commit these very acts themselves. The junta that formally calls itself the National Council for Peace and Order (NCPO) has taken firm control over the political discourse. It has outlawed public gatherings, detained dissenting opponents, and enforced a high degree of media scrutiny and online surveillance. It also oversees nearly all branches of government. Most NCPO members are also members of the cabinet, most notably former army chief, junta leader, and Prime Minister General Prayuth Chan-ocha. The NCPO unilaterally appointed most other government bodies, including the National Legislative Assembly (NLA)acting as the ersatz-parliament, the National Reform Council (NRC), which hands out political and legislative recommendations, and the Constitution Drafting Committee (CDC).

The CDC has worked hard since the beginning of 2015 to draw up a new constitution with the hope that this will be the last one for the foreseeable future. While the draft was originally scheduled to be completed by late July, the CDC was granted a 30-day extension to clarify certain aspects of the constitution. The draft, reduced from 315 to 285 articles, was forwarded to the NRC, which will vote on its adoption in September 5. If the vote outcome is positive, the draft constitution will then be subject to a nationwide referendum in early 2016. This may or may not pave the way for elections sometime at the end of 2016 – a whole year later than what the military junta originally promised. Regardless in which form the draft will be enacted, Thailand’s twentieth constitution could deeply transform the country’s political landscape and have lasting negative consequences due to the changes severely hobbling the powers of elected officials to govern.

Crisis Panel: Committee for Reform Strategy and National Reconciliation 

Certain features proposed in the constitutional draft, such as the new electoral system or the pre-vetted Senate, have previously been discussed on ConstitutionNet. Additionally, a highly controversial article was added to the draft constitution at the last minute. Article 260 provides for the establishment of the Committee for Reform Strategy and National Reconciliation that would co-exist with the elected government. The Committee would have the power to “commit or suppress any action” in the event of a crisis or conflict in the country that cannot be contained.  Committee’s non-elected membership and lack of definition on what constitutes a “chaos” or “crisis” appears to be yet another signal of how the Thai military attempts to hold onto power and limit the power of elected officials by constitutional design.

CONTINUE READING AT CONSTITUTIONNET

Contradictions mount as Thai authorities hunt Bangkok bombing suspect

Originally published at Siam Voices on August 21, 2015 As the hunt for the main suspect in the Bangkok bomb attacks continues, Thai authorities are increasingly contradicting each other about the possible perpetrators. That's par for the course, says Saksith Saiyasombut.

"He doesn't really look Thai," a woman was heard saying Tuesday, looking at the grainy CCTV footage showing the main suspect in Monday's bomb attack at Bangkok's popular Erawan Shrine that killed at least 20 people and injured about 120. Authorities are looking for a young man who was wearing a yellow t-shirt, dark shorts and dropped a suspicious backpack at the shrine before leaving the scene. On Wednesday, police released a composite sketch of the suspect, based on eyewitness reports, and announced a bounty of 1 million Baht ($28,000).

That about sums up what the Thai authorities can agree on so far. After the initial uncharacteristic hesitant response by Thai officials on who could be behind the unprecedented attack (and the subsequent failed bomb attack on Tuesday), the police and the military government seem to be slowly but steadily getting back to their usual "we said, they said"-thing, complete with open, unsubstantiated speculations, making the overall investigation seem less credible as it is being observed by a wider international audience.

Four days after the attack, officials are still in the dark about the possible motives and perpetrators, with the usual suspects getting a mention and wilder theories popping up. This hasn't stopped Thai authorities from pressing forward with their own findings and opinions - regardless of any contradictions among themselves.

With the release of the sketch, reports cited an motocycle taxi driver who is believed to have given the suspect a lift away from the scene of the blast, who he described as somebody who didn't "seem to be Thai" and spoke "an unfamiliar language" on his phone. Police spokesman Prawuth Thawornsiri wouldn't confirm the description, saying that: “If the suspect disguised himself, wore a wig, put on fake nose and spoke Arabic, we wouldn’t know if he’s really [a foreigner] anyway.” Nevertheless, the arrest warrant issued a few hours later was for an unnamed "foreigner", which is based on the sketch.

The contradictory statements started then to pile up on Thursday, starting with the National Police Chief Somyot Poompanmuang's assessment that "at least 10 people" of a "big network" were involved in preparing it "at least one month in advance". How he knows this, despite still not knowing who's behind the attack, is not known.

(ANALYSIS: Transparency is essential in Bangkok bombings probe)

Regardless of the amount of suspects and the ambiguous nationality and ethnicity of the main suspect, the military junta has ruled out that the attack was carried out by an international terrorism network, which kinda makes sense since Thailand is rarely targeted by any international terrorist group, except for a few instances but never against Thais (we reported). Junta spokesman Col. Winthai Suvaree then suggested an "organized crime" connection, without giving any clear motive.

Meanwhile, it was reported that Thai police requested assistance from Interpol, as confirmed by deputy national police spokesman Kissana Phathancharoen first to Reuters, whereas Thai military junta Prime Minister General Prayuth Chan-ocha - who appeared comparatively measured in the first two days after the attack - was quoted saying in his usual manner:

Prime Minister Prayuth Chan-ocha bristled when asked if his government, which was installed after a military coup last year, was seeking outside help. "This incident happened in Thailand. It is Thailand. Why do we want other people to come in and investigate?" the former general told reporters on Wednesday.

"Thai police grapple for firm clues to Bangkok bomb suspects", Reuters, August 19, 2015

He later went on to suggest to that police officers watch an American police procedure drama for inspiration. Whether he was being sardonic or serious is not known. That still didn't stop his military junta deputy PM and defense minister Gen. Prawit Wongsuwan asking the UK and US for assistance in the investigation - but only in form of equipment, not personnel. How the Thai officials are going to use the tools without any instruction and assistance and what tools were actually requested is not known.

With the hunt ongoing and the authorities continuing to chase any clue they can find, their senior officers aren't really sure if they're too late, as police spokesman Lt. Gen. Prawut Thavornsiri openly wondered whether the main suspect is still in the country, while Major-General Werachon Sukondhapatipak, another military junta spokesman (mostly dealing with the foreign media), is certain that he's still in the country.

These few examples from Thursday alone show how contradictory the statements from the police and military government are, sometimes even coming from the same branch. The root cause for this problem can be regarded as a pathological phenomenon in Thai bureaucratic culture: the compulsive need to say something - no matter if it's substantial, truthful or none of that - in order to appear knowledgeable, proactive and in command. While in many Western countries, the police would have one or two daily press briefings, many Thai senior police officers are constantly give updates whenever they're asked. It also doesn't help that Thai police and military usually have a tense rivalry.

The shambolic investigation in the murder case of two British tourists on Koh Tao last year garnered a torrent of international criticism and now heightened international attention is observing the ongoing investigations of the bomb attack. The Thai authorities are collectively already guilty of one thing: being incapable of delivering a clear and consistent message.

And thus, the worst case scenario could be what Thai scholar and political analyst Thitinan Pongsudhirak describes:

At issue will be whether any party makes a credible claim of perpetration, or the authorities make a credible apprehension of the culprit. Without either, the latest blast may well fit the pattern of previous Bangkok-based explosions that ultimately fade into Thai oblivion due to a lack of forensic means and popular regard for the law.

"Terrorist attack in Bangkok turns up heat on Thailand", by Thitinan Pongsudhirak, Nikkei Asian Review, August 19, 2015

With the Erawan Shrine already cleaned up and re-opened again within 72 hours after the blast, one can wonder if the work to find the callous attacker(s) behind Monday's bomb attack has been thorough enough. A BBC report suggests the contrary, with reporters still finding shrapnel and ball bearings at the scene. And when correspondent Jonathan Head attempted to hand them over at the National Police headquarters down the road, he was told that it was outside the office hours...

Tongue-Thai'ed - With 'love' from Bangkok to Beijing

Originally published at Siam Voices on August 6, 2015

"If I were a woman I will fall in love with his excellency" - Thai Foreign Minister Thanasak Patimapakorn _____________________________

This is part XXXI of “Tongue-Thai’ed!”, an ongoing series where we collect the most baffling, ridiculous, confusing, outrageous and appalling quotes from Thai politicians and other public figures. Check out all past entries here.

It is no big secret that ever since Thailand's military seized power in a hostile takeover with the coup of May 2014, the military junta would face big challenges - among them, on the diplomatic world stage. Thailand just narrowly avoided becoming a pariah state among Western countries (we reported) only because it is still a (geo-)strategically important stakeholder in Southeast Asia. But all the rather soft and symbolic sanctions still couldn't avert Bangkok's diplomatic pivot towards Russia and especially towards China.

We reported back in December:

(...) it did not come as a surprise when then-army chief and still-to-this-day-junta leader General Prayuth Chan-ocha greeted Chinese businessmen as his first guests shortly after the coup of May 22 in an effort to woo investors back to the country and help jump start Thailand’s struggling economy. That was shortly followed by a visit of Thai military commanders to China.

Other bilateral meetings between Prayuth and Chinese leaders took place during the Asia-Europe Meeting in October, where he met China’s premier Li Keqiang and a month later at the APEC Conference hosted in Beijing with president Xi Jingping. The latter would welcomePrayuth again to the Chinese capital last week, where both countries signed a memorandum of understanding to develop and build a “medium-speed” rail network linking the countries.

"Thai junta seeks deeper ‘China pivot’, lauds Beijing’s leadership style", Siam Voices, December 29, 2014

Since then, the Thai military government has made more advances towards Beijing by fulfilling the navy's long-held dream of buying submarines from China worth $1bn - even though the purchase is on hold for now - while around the same time controversially deporting around 100 Uighur muslims to China.

But what's strikes a bigger chord with the Thai generals is China's authoritarian one-party rule in exchange for economic propensity.

So, it came to no surprise when the Thai military's Foreign Minister General Thanasak Patimaprakorn was full of praise for China again, as expressed earlier this week at an ASEAN forum in Kuala Lumpur...

At a joint press conference in Kuala Lumpur on Wednesday, Foreign Minister General Tanasak Patimapragorn made a surprise declaration while standing on a podium with his Chinese counterpart Wang Yi.

"If I were a woman I will fall in love with his excellency," he told reporters in English, much to the surprise of China’s top foreign envoy who appeared somewhat unsure how to respond. (...)

"Let’s say we are so close, we are more than friends, just say we are cousins with a long history together," he said.

"We don’t talk diplomatic talk, we talks like personal, like family, like friend," he added.

"Thai junta envoy admits crush on China", AFP, August 5, 2015

Well, that got awkward pretty quickly...

Also, why the need to change gender to express your love? There's no need to be ashamed of expressing one's man crush. And even if the probably biggest one-sided declaration of bromance on the diplomatic stage has been so far not reciprocated, this will most likely not the last we hear of it.