Thailand protests live-blogs: It's been quite some busy days…!

As you may have seen and read it at Siam Voices or on my Twitter account, Thailand has seen the biggest anti-government protests since 2010, as rallies led by former Democrat Party MP, former deputy prime minister and veteran political bruiser Suthep Thuagsuban have gradually escalated their initial anti-amnesty bill campaign into an all-out anti-democratic push to topple the government of prime minister Yingluck Shinawatra in order to "eradicate Thaksinism". Here are the live-blogs we have been writing over the days at Siam Voices: November 11, 2013: LIVE: Thailand’s Senate amnesty debate, and the Preah Vihear ruling

November 25, 2013: LIVE: Thailand anti-government protests paralyze Bangkok

December 1, 2013: LIVE: Thai anti-govt protesters make ‘final push’

December 2, 2013: LIVE: Fresh violence raises tensions in Bangkok

December 3, 2013: LIVE: Tensions ease in Bangkok

To keep up with the situation in Thailand that will surely change quickly over the next few days go to my Siam Voices blog at Asian Correspondent and follow us on Twitter @Saksith, @siamvoices and @ASCorrespondent.

Thailand's anti-govt protests: Suthep 'rides the tiger' into chaos

Originally published at Siam Voices on November 29, 2013 With repeated escalations and seizing of government buildings, the rallies led by former deputy prime minister and veteran Democrat Party politician Suthep Thuagsuban have captivated the general public and also the international media. They are increasingly upping the ante on the ruling Pheu Thai Party and Prime Minister Yingluck Shinawatra - but where will it end, when the protesters have apparently no clue either?

How to make sense of a week, where Thailand's political crisis hit a new low point, almost laughably ridiculous and yet so dangerously close chaos? And how to make sense that a questionable veteran politician like Suthep has suddenly become the self-styled face of an anti-corruption campaign?

The anti-government protests were about to lose steam after the failed amnesty bill push that the Pheu Thai Party has horribly mishandled, when Suthep revealed the true intentions of the rally to topple the government and "eradicate the Thaksin regime". That was his first escalation. However, a call for a national strike failed, so he had to escalate the protests even further.

The siege of the Finance Ministry on Monday marked the beginning of Suthep's endgame against the Yingluck government, her brother Thaksin and everything 'evil' that it stands for. But one has to wonder if he really thought it all through. His nightly rabble-rousing is mostly clear on the goal, but vague in its executions - deliberately, so that he can maintain the supporters' spirit and numbers.

While most of the hostile takeovers and protests were non-violent - with the (instigated) mob assault on German photojournalist Nick Nostitz being the notable, yet unacceptable exception - the means and the goals to "eradicate the Thaksin regime" are calling for chaos that would ultimately result in a country even more divided than it already is and several steps backwards from a true democratic system, which has suffered numerous setbacks in the past decade.

Suthep is also forced to keep up the momentum for several other reasons: while these anti-government protests are very reminiscent to the anti-Thaksin protests in 2006 and 2008 in both tone and motive, there are no immediate signs of a military intervention (2006), a 2008-style 'judicial coup'  has yet to be set in motion and other extra-parliamentary interventions are not likely either at this moment.

The longer he has to wait for the odds to change to his favor (which were not really good to begin with), the more erratic his appearances and actions become. It appears that he keeps stumbling forward, but without really going down. That of course, emboldens Suthep. So much so that he doesn't shy away to slam his fellow Democrat politician Korn Chatikavanij, who earlier criticized the protests' escalation. What this apparent "split" between the protesters and the Democrat Party will mean has yet to be fully revealed.

Some of Suthep's plans to reform Thai politics appear plausible (e.g. elected provincial governors - but where does the sudden embrace of decentralized power come from?) and common sense (e.g. "wipe out corruption!") - others are ambiguous (a "people's council" - elected or appointed?). Nevertheless, it should not deter from the fact that like its likeminded, affiliated or direct previous incarnations (e.g. the "People's Alliance for Democracy" or "Thai Spring"), this newly-minted "Civil Movement for Democracy" (CMD) and the 'Democrat Party' itself (which is meandering on its stance at the moment) are an utter misnomers!

This campaign not a sincere push for true, sustainable political reforms - this is an undemocratic power grab! By rejecting re-elections, a resignation by the prime minister and even talks between the warring factions, Suthep clearly shows that he's not interested to play by the rules anymore (arguably, in his own words, because of Pheu Thai's rejection of last week's Constitutional Court ruling, they don't play by the rules either) and wants to get rid of his political opponents no matter what it takes and what damage it does to the country.

This series of escalations is the result of pent-up frustration at the electoral invincibility of Thaksin-affiliated parties and the failure to adapt to the changing political and social landscape - which is partly reflected by the views of those taking part in the protests - and thus also the contempt against the democratic system. The personified political hatred against Thaksin has been siphoned by Suthep for his anti-democratic drive, while the real issues are beyond these two men and their parties - they're much more in the system and the mechanics both in and outside of the democratic institutions.

It is the cruel ironic conundrum of Thailand's polarized politics that a man like Suthep can stylize himself to be the 'savior' of the country against an equally overzealous Thaksin. Suthep is currently riding the (Thai) proverbial tiger, that could become a dangerous, uncontrollable rodeo. What will his next escalation be and how will the last one look like, when the tiger has thrown him off?

Tongue-Thai’ed!: Chalerm's back in charge, his successor disagrees!

Originally published at Siam Voices on November 22, 2013 This is part XXIV of “Tongue-Thai’ed!”, an ongoing series where we collect the most baffling, amusing, confusing, outrageous and appalling quotes from Thai politicians and other public figures. Check out all past entries here.

The latter half of 2013 was not very kind to veteran Thai politician Chalerm Yubamrung. (In)famous for his hotheaded, downright incendiary outspokenness, the MP of the ruling Pheu Thai Party was forced into an unexpected career change in the summer during a cabinet reshuffle which saw him being transferred to labor minister. It was a shock for the then-deputy prime minister overseeing national security issues, given that his job fixing the ongoing insurgency in the southern Thai provinces was far from being done, even though he managed to visit the region only once, but at least managed to set up a snazzy-sounding command center to take care of it - in Bangkok!

Chalerm did not take that sudden ministerial move very well, as he railed on everyone he thought caused his downfall, even turning on Prime Minister Yingluck Shinawatra (we reported) and calling her aides the "ice-cream gang" (a thinly veiled euphemism for brown-nosers). This bitterness even dragged onto his first day at his new job when he spent "more than an hour complaining about his transfer" in front the media and his new colleagues, who were surely eager to work with him after that outburst.

So one can understand why he wants his old job back and with the anti-government protests in the capital growing after the government's amnesty-bill-fiasco earlier this month and leading up to the impending verdict at the Constitutional Court earlier this week, Chalerm hoped even more than ever that he'd be called back to his old job - and lo and behold…

Labour Minister Chalerm Yoobamrung said Tuesday that he has been assigned by the prime minister to monitor the anti-government protests by various groups. Chalerm said the situation control room of the protests has been set up at the Labour Ministry. The situation monitoring officials will hold a meeting at 10 am everyday, Chalerm said.

"Chalerm assigned to head protest monitoring", The Nation, November 19, 2013

This came at a surprise for most people, especially since his successor, Deputy Prime Minister Pracha Promnok, was already put in charge to deal with the protesters and also the lack of an official announcement from somebody other than Chalerm himself. But Chalerm had an answer for that as well:

"วอร์รูมเพิ่งตั้งเมื่อวาน เขาเพิ่งบอก 24 ชั่วโมง ผมไม่ได้อาสาทำ ผมจะไปอาสาได้ยังไง ผมเป็นจับกัง 1 และท่านนายกฯก็ไม่ได้มาเชิญด้วย แต่เป็นการสั่งทางวาจาไม่ได้มีหนังสือมอบหมาย แต่ทั้งนี้ก่อนที่ผมจะมารับงานผมกราบเรียนนายกฯยิ่งลักษณ์แล้วว่า ท่านต้องบอกท่านประชา ผมเจอท่านประชาแล้ว ท่านบอกว่าไม่เป็นไรน้อง เราช่วยกันดู (…)" ร.ต.อ.เฉลิมกล่าว

"The war room has just been set up yesterday. She [PM Yingluck] just told me 24 hours ago. I didn't volunteer, how am I supposed to? I'm still labor minister and the prime minister didn't send an invite but gave me a verbal order, not a written one. But before I took on this job I told Prime Minister Yingluck that she should tell Mr. Pracha. I already met him and he said 'no problem, we help each other, (...)'" said Chalerm.

""เฉลิม"ผงาดคุมวอร์รูมม็อบ สั่งตั้งด่านบ้าน"สุเทพ"-เข้มรถจากใต้เข้า กทม.", Matichon Online, November 19, 2013

With that sorted, he went on to business right away and immediately took aim at his predecessor (in every sense of the word) Suthep Thuagsuban of the Democrat Party, who is leading the anti-government protests:

"(...) เมื่อคืนที่ผ่านมา ตำรวจก็ค้นขบวนรถของนายสุเทพ เทือกสุบรรณ 4 คัน คุณจะชุมนุมมีสิทธิ แต่คุณเดินทางเป็นขบวนแล้วพบว่ามีอาวุธปืน แต่ไม่ใช่อาวุธสงคราม ตนบอกตำรวจแล้ว (…) ซึ่งตนบอกไปว่ารอบบ้านของนายสุเทพให้ค้นหมด และให้มีด่านตรวจทั้งหมด รถใครมาตรวจหมด ส่วนรถที่ขึ้นมาจากภาคใต้ถ้ามีจังหวะก็ให้ค้นทุกคัน" ร.ต.อ.เฉลิมกล่าว

"(...) last night, the police spotted Suthep Thuagsuban's four-car convoy. You have the right to rally, but if you're going with a convoy to it, you're carrying weapons - but not war weapons. (...) So I told [the police] they should round up at Suthep's house to search everything, every arriving car and every car coming from the southern provinces [where Suthep originates]," Chalerm said.

""เฉลิม"ผงาดคุมวอร์รูมม็อบ สั่งตั้งด่านบ้าน"สุเทพ"-เข้มรถจากใต้เข้า กทม.", Matichon Online, November 19, 2013

However, before Chalerm really went to work with that plan there was one small problem...

Deputy Prime Minister Pracha Promnok was forced today in Parliament to clarify that former Deputy PM Chalerm Yoobamrung was not in charge of the governmental body that monitors the ongoing anti-government protests as claimed by Mr. Chalerm. (…)

Mr. Chalerm′s threats have apparently alarmed Democrat MP Wachara Petchthong, who demanded during the parliamentary session that Pol.Gen. Pracha explain the authorities of Mr. Chalerm.

Replying to Mr. Wachara′s question, Deputy MP Pracha clarified that Mr. Chalerm was not tasked by the government to head any operation concerning the protests. "The government has delegated the responsibility to me only," Pol.Gen. Pracha said, "Mr. Chalerm was only involved by occasionally giving advice".

"Chalerm Not In Charge Of Protests Monitor: PM Deputy", Khaosod English, November 21, 2013

Oops, looks like we have overlapping duties here. In any case, the fact alone that Chalerm apparently single-handedly gave himself a promotion is yet another proof that you might shoo him away to a undesired position, but he will always find a way back to the center of attention. Or all he needs is some little ice-cream to calm down.

Thai court quashes changes to Senate, spares Pheu Thai Party

Originally published at Siam Voices on November 20, 2013 Thailand's Constitutional Court has ruled that proposed constitutional amendments to allow a fully elected Senate are unlawful, but stopped short of punishing the ruling Pheu Thai Party and its coalition partners. The nine-judge court struck down the government's plans to change the Senate, Thailand's upper House, into a fully elected 200-member chamber - compared to the current 76 elected and 74 appointed members - among other new regularities.

In the verdict reading, which started two hours later than scheduled, the judges voted 5:4 the amendments to be in breach of Article 68 of the Constitution, stating that a fully elected senate would indeed "overthrow the democratic regime of government with the King as Head of State". Furthermore, the judges took offense at planned changes that would allow direct relatives of MPs to run for Senate, saying that a "spouse-husband" rule of both chambers would "allow a domination of power". Another major reason for the rejection were technical irregularities in the parliamentary process of the drafts, from wrongly submitted documents to different bodies, to MPs caught voting for their absent colleagues with their voter ID cards. That decision was voted 6:3.

The Constitutional Court strongly voiced its opposition to a "dictatorship of the majority" - the ruling Pheu Thai Party of Prime Minister Yingluck Shinawatra has a comfortable majority in parliament with its coalition partners - as it sees the system of checks-and-balances to be compromised by a "total control" of parliament by politicians. Nevertheless, the Court stopped short of dissolving the Pheu Thai Party and its coalition partners, stating that the actions did not constitute grounds for party dissolution (although the court was unclear as to why).

Initial reactions are divided along party lines. Appointed senator Rosana Tositrakul, one of the plaintiffs who brought the case to the court, was reportedly satisfied that the proposed amendments were brought down, but also wants to see the 312 MPs who voted in favor of the changes and Prime Minister Yingluck Shinawatra "to be held accountable". On the other side, cabinet member and red shirt leader Natthawut Saikua defiantly declared at a red shirt rally at Bangkok's Rajamangala Stadium that "a new round between democratic forces and extra-constitutional forces has begun." From the government side, interior minister Charupong Ruangsuwan reinforced the party's refusal to accept the verdict (before it has even been delivered), questioning how an all-elected senate could be any worse than a partly appointed one. Prime minister Yingluck herself declined to comment as she walked past reporters with a smile.

While it was spared the worst case scenario, the ruling Pheu Thai Party and the government of Yingluck Shinawatra have suffered another defeat in a short period of time, partly thanks to the same overeager and hamfisted manner they rushed the amnesty bill earlier this month, which was struck down in the Senate after a massive backlash. The government has lost another big legislative playing card for now and may be down, but not entirely out.

Today's verdict also shows again the heavy politicization of the Constitutional Court, hardly hiding its contempt towards elected representatives and the rule of parliament, while the court itself is not without either bias or fault. Citing Article 68, the Court has set a precedent that potentially prohibits any elected government to make any changes to the 2007 Constitution, which was drafted and approved after the military coup of 2006, further prolonging the political polarization Thailand has been suffering since then.

Thai Constitutional Court to decide on govt's fate yet again

Originally published at Siam Voices on November 20, 2013

UPDATE (Nov 20, 14.30h): The Constitutional Court ruled that the charter amendments to be unlawful, but did not disband the ruling Pheu Thai Party and their coalition partners. The judges took offense at the many irregularities during the parliamentary process (such as MPs using their absent colleagues voter ID cards to vote on their behalf) and the changes to Article 115.5 of the Constitution (see below). Full story and analysis here.

Original article

The current political tensions in Thailand could be prolonged this morning (Wednesday) at 11am as the Constitutional Court yet again decides on the constitutionality of proposed amendments brought forward by the ruling Pheu Thai Party (PT). A rejection could also yet again threaten PT and Prime Minister Yingluck Shinawatra's grip on power - something that anti-government protesters are counting on.

Pheu Thai and the Yingluck government are still licking their wounds after a massive backlash earlier this month - including from their own supporter base - for pushing a wide-reaching amnesty bill through parliament, which was struck down in the Senate last week.

That decision has not appeased the opposition, as street-protests led by former deputy prime minister Suthep Thuagsuban of the Democrat Party are still ongoing despite sinking attendances and a failed call for a national strike. Nevertheless, anti-government sentiments - stemming from an emotional antagonism against former prime minister and Yingluck's brother Thaksin - are high and what was initially meant as a anti-amnesty bill protest has gradually shifted into a straight-up campaign to overthrow the government. Currently, they are collecting signatures to impeach 310 MPs who were in favor of the amnesty bill.

Another cause for 'hope' for the anti-government protesters is today's upcoming verdict from the Constitutional Court on the legality of proposed amendments to the 2007 constitution, in particular the makeup of the Senate. In the draft, the new Senate would be increased from 150 to 200 members, all elected into office instead formerly 76 elected and 74 appointed senators (Article 111 of the Constitution). Critics also accuse the government of amending or abolishing passages that prevent direct relatives of MPs, party members and those who served as MPs in the recent past (Articles 115.5, 115.6 and 115.7, respectively) to run for Senate. Furthermore, the one-term limit of six years (Article 117) would also be done away with.

The complaint was sent in by a group of Democrat MPs and like-minded appointed Senators in September. Their reasoning and demands:

[...] ใช้สิทธิตามรัฐธรรมนูญมาตรา 68 ยื่นคำร้องขอให้ศาลรัฐธรรมนูญวินิจฉัย สั่งระงับการแก้ไขรัฐธรรมนูญ [...] และให้ยุบ 6 พรรคร่วมรัฐบาลที่ ส.ส.ในสังกัดร่วมลงชื่อเห็นชอบกับการแก้ไข และสั่งเพิกถอนสิทธิเลือกตั้งหัวหน้าพรรคและกรรมการบริหารของ 6 พรรคร่วมรัฐบาลเป็นเวลา 5 ปี

Invoking Article 68 of the Constitution, [they] call on the Constitutional Court to rule and suspend the amendments [...] and dissolve the six-party government coalition whose MPs voted in favor of the amendments and bar their party leaders and executives from running in elections for 5 years.

ประเด็นที่กลุ่มผู้ยื่นคำร้อง [...] นั่นคือ เรื่องผลประโยชน์ขัดกัน คือ ส.ว.แก้ไขรัฐธรรมนูญให้ตัวเองลงสมัคร ส.ว.ครั้งหน้าได้ จากเดิมที่เป็น ส.ว.ติดต่อกันเกิน 1 วาระไม่ได้ รวมทั้งมีการแก้ไขให้ "ลูก เมีย สามี" ลงสมัคร ส.ว.ได้ โดยจะโยงให้เห็นว่าอาจส่งผลให้ระบบตรวจสอบถ่วงดุลมีปัญหา รวมทั้งกระบวนการพิจารณาแก้ไขร่างรัฐธรรมนูญที่ไม่ชอบด้วยระเบียบข้อบังคับการประชุม อย่างการกดบัตรแทนกันของสมาชิกรัฐสภา

The reasonings of the complainants [...] are that the Senators are changing the constitution for their own benefit, from running in the next election whereas currently they cannot be in office for more than one term consecutively to allowing children, wives and husbands [and parents of MPs] to run for Senate, also including potential problems with checks and balances and irregularities during the parliamentary debates on the constitutional amendments, such as MPs using voter ID cards of absent colleagues to vote for them.

"คำวินิจฉัย"ศาล รธน." ปัจจัยจบ"ม็อบนกหวีด"?", Matichon Online, November 15, 2013

โดยน.ส.รสนา [โตสิตระกูล] กล่าวว่า เห็นว่า [...] ขัดรัฐธรรมนูญ มาตรา 122 และมาตรา 3 วรรคสอง ที่กำหนดว่า การปฏิบัติหน้าที่ของรัฐสภาต้องเป็นไปตามหลักนิติธรรม [...] ดังนั้น จึงเห็นว่า การแก้ไขรัฐธรรมนูญดังกล่าว [...] เป็นไปเพื่อให้ทันกับ ส.ว. ที่จะหมดวาระ ในวันที่ 2 มี.ค.2557 ซึ่งจะสามารถลงเลือกตั้งใหม่ได้ทันที

[Appointed Senator] Miss Rosana Tositrakul says "In my opinion [...] [the amendments] violate Article 122 and Article 3.2 of the Constitution that say that the duties of the parliament have to follow the rule of law [...] thus I think these constitutional amendments [...] are for the Senators to run again, since their term ends on March 2, 2014."

"'รสนาง ยื่นศาลรธน. เบรกลางนติๆวระ3 แก้ที่มาส.ว.", Thai Rath Online, September 23, 2013

As with previous petitions, the complainants have cited Article 68, stating that anyone can file a petition to the Constitutional Court in case “a person or political party” tries to “to overthrow the democratic regime of government with the King as Head of State under this Constitution“, which they clearly see in the amendments. The problem here is that it is ambivalent whether or not the attorney general is required to submit petitions - the majority of the judges think the attorney general is not necessary here and accepted it directly. Another amendment aims to clarify that point.

It has to be mentioned that - not unlike Pheu Thai and the amnesty bill - the appointed Senators are attacking the proposed changes to their chamber with a certain amount of self-righteousness, was it them who also have partly circumvented the restrictions and played the system for their own benefit, as our writer Kaewmala points out:

Poll after poll shows the majority of Thais supporting a fully elected Senate. The 2007 Constitution prohibits spouses, parents and children of sitting MPs from running for the upper house. This means most Thais don’t see the dangers of husband-and-wife parliament as much as the guardians of Thai democracy do. (And one might also ask if appointed Senators are less politically incestuous than the elected ones).

In any case, in February 2011 as many as 67 of 74 appointed senators resigned one day before the end of their six-year term so that they would qualify for another term. One can say that they strictly followed the letter of the Constitution, which imposes a one-term limit. It is clear that these 67 Senators felt a strong sense of duty to serve (by appointment), although the people seem to want to choose the representatives themselves. Is it a coincidence that those making the biggest noise against a fully elected Senate in the just approved constitutional amendment are mostly appointed senators?

"Constitutional amendment and the guardians of Thai democracy – Part 2", by Kaewmala, Siam Voices/Asian Correspondent, October 20, 2013

Furthermore, the government and the red shirts, who were rallying Tuesday evening (and still soul-searching after the amnesty bill debacle), perceive the Constitutional Court to be politicized (also see here), as the preemptive refusal by PT lawmakers to accept the court's verdict clearly shows.

Nevertheless the nine judges will rule not only on the constitutionality of only a part of a greater catalogue of charter amendments, but also on the fate of Yingluck Shinawatra's government. As commented in Matichon, one of at least three likely scenarios can take place at 11am: 1) the amendments are constitutional, 2) the amendments are unconstitutional but the parties are not dissolved, instead the individual 312 MPs who voted in favor of the changes face impeachment, 3) the amendments violate Article 68 of the Constitution (see above), the ruling Pheu Thai Party and their 5 coalition parties face dissolution.

Today's decision by the Constitutional Court is less about the issue about the Senate's makeup, but yet another watershed moment that could defuse the political polarization a little bit or push the tensions beyond the brink.

Thai webmaster Chiranuch loses appeal against suspended sentence

Originally published at Siam Voices on November 8, 2013 Thai webmaster Chiranuch Premchaiporn has lost her appeal against her sentence for not deleting online comments deemed insulting to the monarchy quickly enough from the now defunct web board of the Thai news site Prachatai. The Criminal Court found her guilty in May 2012 and initially sentenced her to 1 year in prison, which was then reduced to an 8-month suspended sentence thanks to her testimony and a THB20,000 (US$630) fine.

The court stated that Chiranuch had failed to delete one comment for 20 days, whereas the other nine objected comments were deleted within 10 days, thus violating against Article 14 and 15 of the 2007 Computer Crimes Act which punishes “false data” that damages a third party, causes public panic or undermines the country’s security and “any service provider intentionally supporting” the said offenses, respectively – despite the fact that the court also states that the expectation to pre-emptively delete illegal comments was “unfair”.

On Friday morning, the Appeal Court turned down her appeal, essentially agreeing with the Criminal Court's original verdict, adding that Chiranuch should have known better based on her professional experience:

Appeal court agrees with criminal court: claim by defendants that not consent for comments published on Web for 1-11 days is convincing

— เครือข่ายพลเมืองเน็ต (@thainetizen) November 8, 2013

Court: monarchy is needed for Thai society. the current king has devoted himself for the county and is an ideal monarch.

— เครือข่ายพลเมืองเน็ต (@thainetizen) November 8, 2013

Court: it's duty for all Thais to protect the king

— เครือข่ายพลเมืองเน็ต (@thainetizen) November 8, 2013

Court: given that defendant was 41 yr and graduated from media school, defendant should have taken better precaution measure to prevent LM.

— เครือข่ายพลเมืองเน็ต (@thainetizen) November 8, 2013

Appeal court: Same sentence with suspended jail term #freejiew

— เครือข่ายพลเมืองเน็ต (@thainetizen) November 8, 2013

This case highlights the flawed legal foundation: the Computer Crime Act (CCA), which became effective in 2007, is vaguely worded and leaves a lot of room for interpretation and thus also legal arbitrariness, which can be made worse in conjunction with the draconian lèse majesté law (which Chinranuch isn't charged with in this case, by the way). A new version of the CCA is currently being drafted and already faces criticism by several Thai journalism associations (we will take a closer look at it in a future post).

Today's ruling shows again the ambiguous legal situation not only for online users, but also for providers of online content platforms, as they can be held liable for the contents of others. In the context of free speech, it is a severe hindrance to open discussions especially on politically sensitive issues. The condescending remark by the judges that the defendant should have known that online platforms could be used "to defame the King" is a strong hint of the authority's duty to protect the royal institution from any perceived danger, even if it means restricting online debates and online users have to censor themselves.

Tongue-Thai’ed!: Democrats' Surin and Godwin's law, again!

Originally published at Siam Voices on November 8, 2013 This is part XXIII of “Tongue-Thai’ed!”, an ongoing series where we collect the most baffling, amusing, confusing, outrageous and appalling quotes from Thai politicians and other public figures. Check out all past entries here.

With the anti-amnesty bill protests in full swing all week long in the capital Bangkok, the opposition Democrat Party have stepped up their game apparently also their rhetorics - but not necessarily to new heights.

Nearly all senior party members have come out to rile up the crowd led by former deputy prime minister Suthep Thuagsuban, a regular on this section. But today's “Tongue-Thai’ed!” comes from somebody else in the Democrat Party: Surin Pitsuwan is a seasoned politician with a lot of experience, especially in foreign affairs. No wonder, he was deputy foreign minister and just until recently secretary-general of ASEAN, as he came back from Jakarta to Bangkok back into the fold of his party earlier this year. Since then, he was mostly in the background but now also took to the stage of the rally at Thammasat University to show his opposition to the flawed broad amnesty bill.

Apart from saying the usual á la "Thais should stand up and reclaim their honor" and being more concrete along the lines of "This government is unacceptable for the ASEAN stage". However, there was another one that stood out while referring to an article by the Council of Foreign Relations that says the ruling Pheu Thai Party is "operating like an elected dictatorship". Here's what Noch Hautavanija (the assistant to the recently resigned party deputy Korn Chatikavanij) tweeted:

"ฮิตเลอร์ก็มาจากการเลือกตั้ง และเป็นเผด็จการ" คุณสุรินทร์

— Noch Hautavanija (@NochPH) November 7, 2013

Translation: "Hitler also came [to power] through elections and it was a dictatorship" Mr. Surin

Here we go again! After Suthep and former foreign minister Kasit, we have yet another senior figure of the Democrat Party invoking Godwin's Law when talking about the government of Thaksin Shinawatra and its associated successors and unfortunately it seems to be one of the more level-headed figures in the party. Seriously, is it now a requirement in the party to draw a Hitler comparison whenever speaking about the political rivals?

For the last time, here's why the argument the Hitler-came-to-power-through-elections-so-democracy-is-bad is just wrong:

Hitler never had more than 37 percent of the popular vote in the honest elections that occurred before he became Chancellor. (…) Unfortunately, its otherwise sound constitution contained a few fatal flaws. The German leaders also had a weak devotion to democracy, and some were actively plotting to overthrow it. Hitler furthermore enjoyed an almost unbroken string of luck in coming to power. He benefited greatly from the Great Depression, the half-senility of the president, the incompetence of his opposition, and the appearance of an unnecessary back room deal just as the Nazis were starting to lose popular appeal and votes. (source)

Sounds familiar? You can criticize the current (and the past Thaksin governments) for being arrogant (especially with the current push on the blanket amnesty bill), or even politically overbearing - but to compare it to one of the darkest periods in German history and also being factually wrong at that is not only unworthy of the name the party is bearing, but also of the international standing Surin has.

Some personal thoughts: Thai amnesty bill's wrongs do not make one right

Originally published at Siam Voices on November 4, 2013 It all happened much quicker than anybody thought. What was anticipated to last right into the weekend was done in a day and a night, and we all are still nurturing a massive political hangover.

Parliament rushed the Amnesty Bill through the second and third readings with 310 votes and an absent opposition, and now awaits confirmation in the Senate - all that amidst a flood of outcry and criticism from all sides for very different reasons. As this political crisis in Thailand has dragged on for the best part of a decade now, the political landscape has become deeply polarized.

However, the arguments of both sides show that no matter how many wrongs you make, hardly any of them make it a right.

While the ruling Pheu Thai Party initially tabled the most agreeable version of the Amnesty Bill by their MP Worachai Hema, it then did an audacious bait-and-switch as it retroactively added in the more controversial sections that ultimately transforms it into a blanket amnesty, which would cover not only political protesters, but also their leaders and other people that have been convicted .

The hubris the party showed - all that in absence of Prime Minister Yingluck Shinawatra - with this move is reminiscent of the man that is most likely to profit from it: former prime minister Thaksin Shinawatra lives in self-imposed exile since 2008, following a conviction and 2-year jail sentence for abuse of power handed down by a post-coup court that was arguably biased against him. Ever since then, he has been more than a shadow if the governments of his party's incarnations, including the current one of his sister Yingluck. While it is understandable that he is longing to return to Thailand, it can be argued that he is more effective abroad than at home, given the mountain of old and new problems he would have to face on his return.

With the blanket amnesty also absolving those responsible for the bloody crackdown on the 2010 anti-government protests, the party is betraying its loyal supporter base. The red shirts are split on this matter, as seen when 4 red shirt leaders abstained (Natthawut Saikau and Dr. Weng Tojirakarn, plus "Seh Daeng"'s daughter Khattiya and MP Worachai Hema, the bill's original sponsor), while all others followed the party line - something red shirt leader and MP Korkaew Pikulthong used to try to explain his political schizophrenia.

There have been protests against the bill before by a red shirt splinter group and they will do so again on November 10, while on the same day other red shirts will rally in favor of the bill. The red shirt movement is (once again) at a junction and has to reflect on what it actually stands for: as a force for genuine political reform - even if it means breaking away from Thaksin and the Pheu Thai Party - or forever be branded as Thaksin's mob. The crucial question is, whether the majority of the base and the leaders are capable of the former?

While conservative anti-government protesters (mainly consisting of supporters of the opposition Democrat Party) rally against the impunity that Thaksin could get away with, it is also a sign of frustration from the opposition in and outside parliament in their failed attempt to get rid what they see as "Thaksinism" from Thai politics - even if it comes at the cost of democracy.

One of their main arguments is endorsing the 2006 military coup as "patriotic" to protect the country from the "evil" Thaksin and his politics. Their vehement defense of the coup and their denial of all its consequences displays the self-righteousness in their crusade for the "good people" and their lack of self-reflection.

The decision now lies with the Senate, but it can also be expected to be challenged at the Constitutional Court - two bodies that have played their own part in the political mess that Thailand is today. It is exactly the mindset of self-serving self-righteousness and a dangerous black-and-white thinking among those political institutions and groups that are not meant to be politicized but are politicized ever since the military coup and the meddling of non-parliamentary groups.

That is also why the culture of impunity of the darkest days in Thai history (1973, 1976, 1992, 2006 etc.) still prevails and will repeat over and over again until we start to realize that it needs more than just a simple electoral majority, more than an amnesty, more than the crucifiction of a political enemy and more than just the reversal to times that once were or never were at all - all those would be the first things to make things right.

Thailand: Tensions rise ahead of amnesty bill showdown, protests (UPDATE)

Originally published at Siam Voices on October 31, 2013 UPDATE (November 1, 8.00am): After an 18-hour marathon session ending at 4.20 am, parliament punched the Amnesty Bill through the second and third reading with 310 votes, while 4 MPs abstained: the red shirt leaders Natthawut Saikaur and Weng Tojirakarn, original bill sponsor Worachai Hema and Khattiya Sawasdipol, and the daughter of Maj Gen Khattiya Sawasdipol aka "Seh Daeng", the rogue general who supported the red shirt movement and was killed while giving an interview with The New York Times at the beginning of the 2010 crackdown. The opposition Democrat Party staged a walkout. The bill is now in the Senate for approval.

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The political atmosphere in Thailand is seeing rising tensions again after a period of relative calm and could see a major showdown this morning (Thursday) as the ruling Pheu Thai Party (PT) is submitting the controversial and rewritten Amnesty Bill for deliberation in parliament while the opposition is preparing to take to the streets and is trying to mobilize protests against it.

The so-called Amnesty Bill was originally intended to benefit only those involved in political protests since 2006, but not their leaders or any officials involved in violent clashes. However, a 35-member parliamentary vetting committee (dominated by Pheu Thai MPs) retroactively amended the bill, extending it to "persons accused of wrongdoing by a group of people or an organisation set up after the military coup of September 19, 2006."

This would include all officials and military officers responsible for the deadly crackdown on the 2010 anti-government red shirts protests as well as former prime minister Thaksin Shinawatra, who has been in self-imposed exile since 2008 after was convicted for abuse of power and sentenced to two years in jail.

The Pheu Thai Party has faced a backlash over the amendment, not only from the opposition Democrat Party but also from within their own ranks as the red shirt supporter base are objecting the possibility that those responsible for the victims of the 2010 crackdown could walk away scot-free. A red shirt splinter group and families of the victims held separate rallies against the bill over the past week.

Parliament announced on Tuesday that the deliberation for the second reading will begin this morning, before the third and final reading will take place on November 2 - technical and procedural hurdles notwithstanding. What also emerged is that the party ordered all its MPs to attend and also to vote in favor of the bill. All signs clearly show that the Pheu Thai Party is really now pushing to pass it through parliament, where it has a comfortable majority coalition.

On the other political side, the opposition Democrat Party are also now preparing their counter-measures, focussing outside of parliament:

The Democrat Party, which is planning to hold a mass rally at Samsen train station in Bangkok this evening to voice opposition to the blanket amnesty bill, should abide by the law, Deputy Prime Minister Pracha Promnog said yesterday. (...)

Four deputy Democrat Party leaders - Korn Chatikavanij, Thaworn Senneam, Issara Somchai, Siriwan Prassachaksattru , and party executive Satit Wongnongtaey - stepped down from their positions as board members. Though the five will continue as MPs, they say their reason for quitting the board was to pre-empt any moves to dissolve the part based on their role in the protest.

"Protesting Democrats told not to break law", The Nation, October 31, 2013

While the planned rally and fierce attitude on display by the Democrat Party has limited impact on what is going inside parliament, it will come down to how many people it can muster. In recent months they have regularly staged rallies (with conflicting reports on attendance numbers) while other anti-government groups, such as the "People's Democratic Force to Overthrow Thaksinism" (PEFOT, what a moutful!) or the short-lived white masks could gather only a couple of hundreds.

However, given the focus on a feared Thaksin whitewash and return to Thailand, the Democrat Party is in a rare situation where it could assemble a broader anti-Thaksin coalition (including whatever is left of the ultra-nationalist yellow shirts). Even though it is unlikely that they will literally rally for days, a 'strong' first showing could give at least some temporary momentum - Democrats have optimistically estimated it can rally 10,000, though half that would be considered a success.

The big questions are at what point Pheu Thai will pull back (if at all) and how the red shirts' grassroots base will react to the Amnesty Bill? Whatever happens in the next few days, this is the result of a certain hubris in the Pheu Thai Party on this issue. In the past, the ruling party would dip its toe to test the political waters with each new piece of critical legislation (as seen with the constitutional amendments). Now it seems that they are just short of dive bombing into hot water.

The danger for the ruling party does not come so much from the opposition, in or outside the parliament, but rather from within, especially the red shirts, even though the mainstream United Front for Democracy against Dictatorship - despite its declaration to abstain a few MPs - is likely to follow the party line and not create a mutiny should the bill pass. Nevertheless, the party should not underestimate the potential for dissent and resentment among its supporters for what is essentially the betrayal of a key campaign promise.

Thai gov't faces backlash from all sides over amnesty bill

Originally published at Siam Voices on October 29, 2013 Last week, we reported on the attempts by MPs of the ruling Pheu Thai Party (PT) to amend the amnesty bill draft to include those affected by groups or organizations set up after the military coup of 2006. The original draft by PT MP Wocharai Hema pardons protesters involved in the numerous political protests in recent years, but not their leaders and authorities involved in clashes during these events.

Now with the planned rewrite - spearheaded by PT MP Prayuth Siripanich, the deputy chairman of the parliamentary vetting committee of the bill - it could mean that a number of politicians and officials under investigation or already convicted could be acquitted, including former prime minister Thaksin Shinawatra.

The outcry by the opposition Democrat Party and anti-government protesters over a feared whitewash of their political enemy was to be expected. However, there's also opposition coming from PT's own supporter base: the United Front for Democracy against Dictatorship (UDD), the umbrella organization of the red shirt movement,  who issued a statement voicing their disagreement with the draft rewrite since it also could potentially acquit those responsible for the deadly crackdown on the anti-government red shirt protests in 2010:

(...) The United front of Democracy against Dictatorship (UDD) would like to release this following statements:

1. The UDD are standing by its commitment to support the original format of MP Worachai Hema’s amnesty bill that will grant pardon to political prisoners of all colours only. (...)

3. The differences in solutions to the problem derived from the dissimilarity of opinions. Some MPs believe that amnesty bill should be priority after the formation of the government but the UDD believe that constitutional amendments and the eradication of coup consequences should be the primacy. However, since three years have passed and thousand remain convicted, the amnesty for political prisoners of all colours became the immediate policy of the UDD which resulted in the organization’s proposal for the amnesty bill that was later transformed into the original version of MP Worachai Hema’s bill.

4. One of the core problems is the group of people who will receive amnesty. In the case of former PM Thaksin Shinawatra who was victimised by the consequences of coup d’état, he should be granted justice through the elimination of coup consequences, not via amnesty bill. The amendment of article 309 is the right way to help Thaksin and it should be abolished.

"UDD Statement on the Revision of MP Worachai’s Amnesty Bill", October 25, 2013

In essence, the UDD opposes the notion of a rewritten amnesty bill that would see political and military officials not punished for the events of 2010, while at the same time suggesting an alternative route to undo the conviction of former prime minister Thaksin Shinawatra via constitutional amendments, which are another hot issue the government is currently facing heavy flak from the opposition and especially Section 309 seems to be very protected by the Democrat Party.

In the aforementioned Section 309 of the 2007 Constitution, the coup makers are essentially granted an amnesty since their actions and their consequences are declared constitutional, including the set-up of government agencies. One of them was the Assets Examination Committee, whose investigations led to a conviction of Thaksin in 2008 for abuse of power in a land purchase by his former wife and his self-imposed exile to avoid a 2-year prison sentence. The same conviction would be overturned by the rewritten amnesty bill.

On Sunday, around 300 red shirts of the Red Sunday Group of activist Sombat Boongam-anong (which is considered as a more progressive splinter group) returned to Rajaprasong intersection in the center of Bangkok - where most of the 2010 protests took place - to show their disappointment in the proposal, with Sombat accusing the Pheu Thai Party and Thaksin of failing their followers. Prior to that, the families of the 2010 protest victims have also voiced their opposition to it.

Despite the apparent controversy the ruling Pheu Thai Party has created among their own ranks, it is very doubtful that this could result in a backlash that is sizable and influential enough to revert it or even a "mutiny" as the Bangkok Post suggests, since the red shirts have already stated not to protest against the government should the bill pass in this form.

It is obvious the ruling Pheu Thai Party is willing to bank on a big political gamble that (while maintaining a comfortable majority in parliament) could alienate those parts of the supporter base that want to see justice for the deaths of the 2010 protests, one of the campaign promises that brought them to power in the first place.

UPDATE (Tuesday, 8.00pm): In a decisive push forward, parliament will meet on Thursday, October 31, to deliberate the amnesty bill in its second reading according to several media reports. What also emerged that the Pheu Thai Party passed a resolution that all its MPs, including the red shirts, are required to attend and all should vote in favor of the bill. The vote on the third deliberation is planned to take place on November 2.

Thailand amnesty bill rewrite sparks fears of Thaksin whitewash

Originally published at Siam Voices on October 21, 2013 One of the most heated political issues in Thailand could reach boiling point as a parliamentary committee has retroactively added a passage to a bill that could effectively whitewash former prime minister Thaksin Shinawatra of past legal convictions.

One of the dominant issues in recent months is the ongoing wrangling over the so-called amnesty bill. In August, several different drafts, mostly by MPs of the ruling Pheu Thai Party (PT), granting amnesty to various groups were put forward.

In the end, the draft by PT MP Worachai Hema was proposed and passed in its first reading after a (by now almost to be expected) tumultuous and long parliamentary debate and similarly tumultuous scenes outside the building involving protesters. Wocharchai's draft grants all involved in the numerous political protests from the military coup of September 19, 2006 to May 10, 2010 - just a few days before the end of the anti-government red shirt protests - amnesty (both red and yellow shirts), while excluding its leaders and also authorities and politicians that were responsible in the violent crackdowns of May 2010. Like all other drafts, this also excludes those sentenced and imprisoned for lèse majesté offences.

The bill is currently being vetted by a parliamentary committee and on Friday it did this:

The 35-member vetting panel, dominated by MPs from the ruling coalition, voted 18-8 to support a proposal by the panel's deputy chairman Prayuth Siripanich, who is an MP from the ruling Pheu Thai Party. He suggested that Article 3 of the bill should be rewritten so that the amnesty covers persons accused of wrongdoing by a group of people or an organisation set up after the coup of September 19, 2006. (...)

The 2006 coup-makers set up the Assets Examination Committee (AEC) to investigate corruption allegations against members of the Thaksin cabinet.

The AEC's investigations led to many cases against those politicians, including one that led to an imprisonment verdict against Thaksin. In October 2008, the Supreme Court sentenced the ex-prime minister to two years in jail for abuse of power in the Ratchadaphisek land scandal, after his then-wife bought a state-seized land plot at a price much lower than the market price. In February 2010, the court seized Bt46 billion of Thaksin's assets believed to have been earned from abuse of power. There are more cases against Thaksin that have been suspended while he is a fugitive abroad.

"Amnesty bill change by panel 'to benefit' Thaksin", The Nation, October 19, 2013

Another prominent ex-politician that would profit - if said passage is written into law - is Pracha Maleenot, a minister during Thaksin's premiership and whose family (which runs the broadcasting and entertainment giant BEC-TERO) was considered to be one of the main financial supporters of the Thai Rak Thai Party, the original incarnation of today's ruling Pheu Thai.

Last month a court found the former deputy interior minister Pracha guilty of corruption after an investigation of the AEC into the Bangkok Metropolitan Authority's (BMA) purchase in 2004 of 315 fire trucks and 30 fire boats, all worth an estimated THB 6.6bn or $165m* - allegedly almost THB 2bn or $50m* more that the market price. All other defendants' charges in this case were dismissed or acquitted, including then-governor of Bangkok Apirak Kosayodhin of the Democrat Party. Pracha was handed a 12-year prison sentence in abstentia, as he failed to show up during the trial and is rumored to have fled the country.

But the main focus is of course on the possible scenarios involving Thaksin, who is believed to be still in control of the Pheu Thai Party. While many supposedly independent government bodies set up by military junta after the 2006 are heavily politicized with a certain bias against Thaksin, there's no doubt that the former prime minister has a lot to gain from that specific modification of the amnesty bill as it would pave a way for the self-exiled Thaksin to return home without any legal obstacles - and on top of it being reimbursed THB 46bn ($2.3bn) in frozen assets.

The ruling Pheu Thai Party is unsurprisingly drawing fire from its political opponents, as an unhindered return of Thaksin to Thailand would spell a political doomsday scenario for many of his enemies. Ultra-conservative anti-Thaksin groups - currently extremely small in number and impact - are already planning protests against the bill's latest revision.

Meanwhile, the red shirt umbrella organization the United Front for Democracy against Dictatorship (UDD) has reacted rather timidly and avoided specifically addressing the potential loophole for Thaksin, who is supported by a large portion of the movement. Prime Minister Yingluck Shinawatra, Thaksin's sister, also did not comment on this issue.

It seems that in this eternal political game, be it the amnesty bill or the constitutional amendments, the ruling Pheu Thai party is testing the waters for a bigger legislative foray, one of which could see the return of Thaksin to Thai soil. However, with each push the government should be careful not to provoke the ever-agitated anti-Thaksin and anti-government forces as Thailand's heated political climate could easily boil over again.

*Exchange rate USD : THB in 2004: 1:40

Ex-yellow shirt leader Sondhi found guilty of insulting Thai monarchy

Originally published at Siam Voices on October 2, 2013 Thai court sentences former leader of the ultra-royalist and reactionary yellow shirts movement Sondhi Limthongkul to two years in jail for lèse majesté, but for entirely the wrong reasons.

Things went from bad to worse for Sondhi Limthongkul, the media mogul turned leader of the so-called 'People's Alliance for Democracy' (PAD) aka the yellow shirts, on Tuesday:

The Appeals Court on Tuesday sentenced Sondhi Limthongkul, a core member of the People's Alliance for Democracy, to three years imprisonment after finding him guilty of lese majeste, reversing the lower court's decision which acquitted him of the charge. The prison sentence was reduced by one-third to two years in jail because his testimony was deemed useful.

Mr Sondhi was charged that on July 20, 2008 he went up the stage and made a speech at a rally of PAD supporters at Makkawan Rangsan Bridge over a loud speaker.

"Sondhi gets 2 years for lese majeste", Bangkok Post, October 1, 2013

In that speech, which was broadcasted by his own satellite TV channel ASTV, Sondhi quoted pro-Thaksin supporter Daranee Charnchoengsilpaku, more commonly known as "Da Torpedo", demanding her arrest and prosecution.

Daranee's reportedly very strong remarks made in 2008 criticized the military coup of 2006 and the monarchy, which led to her arrest and sentencing to 18 years in jail. But, following a petition from her, the ruling was nullified and her case was declared a mistrial (we reported) since the hearings were not made accessible to the public and the media. Nevertheless, she remained imprisoned and the retrial in 2011 still found her guilty, sentencing her to 15 years in jail. Earlier this year in July, it was announced that Daranee will seek a royal pardon after more than 5 years of imprisonment and several have reported health concerns.

This lèse majesté charge against Sondhi - filed by the police - originates as far back as 2008 as he was issued an arrest warrant shortly after the aforementioned broadcast and eventually faced trial in 2011 after several delays. In September 2012 he was acquitted of the charges by the Criminal Court, as it found that Sondhi had "no intention" of breaking the law. Now, a year later, a higher court has overturned that ruling.

For Sondhi, who was sentenced to 20 years in prison for corporate fraud earlier this year, it is another blow for the man who led a powerful and controversial political movement, more commonly known as the yellow shirts. The group is notorious for their street protests and the siege of Bangkok's airports in 2008 (the trial has yet to commence) in their continuous campaign to rid Thai politics of the influences of former prime minister Thaksin Shinawatra (a former business partner of Sondhi), including the current government of his sister Yingluck.

In August, Sondhi and other high-ranking leaders announced their resignation from the movement after they failed to convince their former allies, the opposition Democrat Party, to quit parliament in an effort to topple the government. While all involved insist that the PAD is not dead, their departure effectively disables the already marginalized movement (for now), despite the ongoing existence of ultra-royalist, anti-democracy and reactionary political offshoots.

The lèse majesté case and the conviction against Sondhi shows that even supporters of the monarchy and proponents of the draconian law are not exempt from the deeply flawed Article 112 of the Criminal Code. The reasoning of the judges clearly shows the 'logic' of the law and its perceived purpose:

The Appeals Court found Mr Sondhi guilty as charged, reasoning that it was not necessary for him to repeat Ms Daranee's remarks in public. In doing so, Mr Sondhi caused other people to know what Ms Daranee had said and to talk about it, thus affecting the monarchy.

"Sondhi gets 2 years for lese majeste", Bangkok Post, October 1, 2013

In other words, Sondhi made himself an accomplice to the crime and it doesn't matter if it was used in order to vilify her and demand her arrest, since Daranee's words - as with all other allegedly offensive remarks in all lèse majesté cases - are not publicly discussed outside the court rooms. As explored in a previous blog post here, prosecutors have the contradictory task of pursuing offenses against the monarchy (and also the often cited "national security") yet at the same time insist that they do not have an effect on them personally as loyal Thais.

Notably, while countless other lèse majesté prisoners are rejected bail and remain imprisoned while awaiting trial - as authorities claim they are a flight risk - Sondhi Limthongkul yet again walks free on bail (reportedly 500,000 Baht or $16,000 in this case) and probably will never see the inside of a prison cell.

Thailand: Uniform protest student accused of insulting monarchy

Originally published at Siam Voices on September 17, 2013 On Monday we reported on the Thammasat University student and her provocative poster campaign against student uniforms.

Now, the controversial student known as "Aum Neko" is facing more trouble:

A TV show host has accused the student known for her campaign against mandatory uniform wearing of insulting the monarchy.

Ms. Ponnipa Supatnukul, 41, the host of a talk show called "Best of Your Life" which is broadcast on a satellite TV channel, filed the complaint to the police in Nonthaburi Province, invoking Article 112 of the Criminal Codes which criminalises insults to the Royal Family. (...)

The student, who goes by her nickname Aum Neko, was interviewed in a talk show hosted by Ms. Pontipa 3 months ago, according to Ms. Pontipa. In the show, she said, she talked to Ms. Aum and 20 other Thammasat students about the impact of economic slowdown on students′ livelihood.

Ms. Pontipa claimed that Ms. Aum shocked everyone by "talking outside the topic" and "insulting the higher institution", a term referring to the monarchy. Ms. Aum's words were "so shocking we could not broadcast the show", Ms. Pontipa said, but she has nevertheless stored footage of the interview.

She claimed that she decided to pursue a legal action against Ms. Aum because she was incensed by the student′s continued defamation of the monarchy. Ms. Pontipa also alleged that Ms. Aum is encouraging other students to commit similar crimes.

"Lese Majeste Complaint Against Reformist Student", Khaosod English, September 16, 2013

The complainant made sure that the filing of her charge was well-documented as she let somebody film the process at the police station and posted it later on Facebook. She also had a few press members in tow.

Ms. Ponnipa also provided the officer with documents given by an unnamed Thammasat lecturer that includes personal details about "Aum Neko" including her actual gender by birth (she is a transgender woman), her actual name, birth date and personal ID number - which Ms. Ponnipa also willingly let the cameras film (a reason why I decided against embedding the video, as it was accompanied by an audible cackle by one of the bystanders).

While the nature of the offending comments allegedly made by the student has yet to be disclosed, Prachatai reports that the complainant pointed to a Facebook post by "Aum Neko" that apparently crossed the line for the TV host, as it criticized the pre-screening of Royal tribute movies at cinemas, where standing up is mandatory. In the same report, "Aum Neko" herself has expressed "shock and much anger" as she cannot believe that others would resort to "dirty means" in order to discredit her.

One really has to question the motives and the way Ms. Ponnipa filed her lèse majesté charge, since she was sitting on the alleged offensive remarks for months just to use them against her right now after the anti-uniform campaign gained more attention. Also, she repeatedly showed suggestive pictures of the accused, trying to make the point that such an offence can only be made by an (from her viewpoint) "immoral" person, while repeatedly positively mentioning the virtues of His Majesty and her perceived duty to protect it.

There have been lèse majesté complaints in the past of similar frivolous and spiteful nature: just last Friday a court acquitted a man of lèse majesté, after his own brother filed charges against him in what was a very apparent a long-standing sibling rivalry turned ugly. (It is worth noting that the alleged anti-monarchy comments in this case were made in private, which would have had catastrophic ramifications in case of a conviction). The man was imprisoned for a whole year and repeatedly denied bail while his case was pending.

Another example is the case of actor Pongpat Wachirabanjong's rousing pro-monarchy speech in 2010 (“If you hate our Father, if you don’t love our Father anymore, then you should get out of here!“), after which one person (mostly likely facetiously) accused him of improper language. Unsurprisingly, the case was dropped.

These and many more cases show one of several weak points of the Kingdom's draconian law that can be punished with up to 15 years in prison: since anybody can file a charge against anybody, the police have to investigate every complaint and nearly all cases end up in court. The probability of this law being used out of contempt against outspokenness is very high and ultimately can undermine the purpose of the law: to protect the country's monarchy.

Racy posters spark uniform debate at Thai university

Originally published at Siam Voices on September 16, 2013 The ongoing debate on student uniforms takes a racy turn, as one student's poster campaign challenges the necessity of uniforms at Thammasat University.

They're a common sight everywhere you go: young women in white blouses and black skirts or young men in white dress shirts and black dress pants, sometimes with belt buckles (in the case of the girls only held by a few binder clips) or pins sporting their university logos.

Thailand is one of the very few countries left in the world - next to neighboring Cambodia, Laos and Vietnam - that requires students to wear uniforms even at university level. While the wearing of uniforms is mandatory at every academic institution in the country, how strict the rules are enforced varies from place to place and is mostly up to the teaching personnel.

And every now and then there is some controversy about the outfits students are wearing, mostly about their interpretation. For example back in 2009, the directors of the nation's top tier universities Chulalongkorn and Thammasat in Bangkok complained about female students wearing uniforms that are "too sexy" and "inappropriate" - a publicly announced clampdown by both universities fell flat. Then in 2011, a similar short-lived uproar by education officials took place after a Japanese news website poll listed Thailand's student uniforms as "the sexiest in the world."

However, the questions about the necessity of uniforms at higher education level and its effects on student performance is rarely asked.

Several posters were plastered across notice boards in early September at Thammasat University's Rangsit campus on the northern outskirts of Bangkok. The four different motives have slogans such as "Isn't sex more exciting with student uniforms?", "Were you required to wear a uniform at your last midterms?", "When student uniforms are being challenged" and "Free humanity from the shackles" while depicting couples (both hetero and homosexual) having sex.

These were the creation of a transgender female liberal arts student at Thammasat University nicknamed "Aum Neko", who shows her opposition to the mandatory uniform rule after it emerged that students were not allowed to take part in an exam in a compulsory freshmen course as they were not wearing the required uniforms.

In the Bangkok Post, she explains the reasons for her protest and why she chose the provocative motives:

"Personally, I believe in liberalism. I believe that 'forcing' students to wear uniforms at university level is an insult to their intellect and humanity. You are using the power of uniforms to control, not only their bodies, but their behaviour and thoughts." About the provocative posters, in which she poses as one of the models, Aum Neko said that the main concept is to tie the uniform, which traditionally represents goodness and morality, together with sex, which represents wickedness, something that shouldn't be expressed.

"Uniform opinions", Bangkok Post, September 11, 2013

An extensive interview with Prachatai goes more in-depth about the motives and themes of her posters, explains why no fellow female students were taking part in the campaign and what she believes her university is supposed to stand for.

Unsurprisingly, the poster campaign has sparked debate on social and mainstream media on the necessity of student uniforms, but also about the 'inappropriateness' and shock value of the posters - with plenty of support and condemnation towards Aum. Thammasat University announced that it will conduct a disciplinary review of her actions (she caused another stir last year by casually posing on the lap of the statue of the university's founder Pridi Banomyong), as some social media users are calling for her expulsion. However, Thammasat will also set up a committee consisting of lecturers and students to "to investigate the issue and come up with solutions."

The story also raises the question whether or not the university is still maintaining it's liberal-democratic roots, as its students have historically been politically active in the past - but the internal debate on the lèse majesté law (which bizarrely featured journalism students protesting against the reformists) has put the institution at odds with itself.

While on the surface the debate over student uniforms may appear to be just a superficial issue, it is one of many aspects in Thailand's militaristic education system that reinforces uniformity and obedience, since for Thai conservatives these are still the most important characteristics of our education - while Thailand's society has changed and is more than ready to move on.

Tongue-Thai’ed!: Democrat poster boy Abhisit loses his manners

Originally published at Siam Voices on September 10, 2013 This is part XXII of “Tongue-Thai’ed!”, an ongoing series where we collect the most baffling, amusing, confusing, outrageous and appalling quotes from Thai politicians and other public figures. Check out all past entries here.

Former Thai prime minister and leader of the opposition Democrat Party Abhisit Vejjajiva was and still is by some regarded as a well-mannered politician who would never lose his temper or resort to the use of direct derogatory language towards political opponents or critics. We wouldn't expect anything less with his oft-mentioned Oxford-educated (English language) eloquence and general high-brow public image.

However, with the increasing frustration of being in the opposition against a government that is seemingly unbeatable at the polls, the Democrat Party recently started to imitate the governing Pheu Thai Party's political rallies and has taken to the streets to get their message across and mobilize their supporters. Freed from the restraints of parliamentary debates and press conferences, party members can unabashedly slam the government, its policies and everything else related to it.

At one such event in Bangkok on Saturday, Abhisit took the stage and among many other points in his speech, he criticized Prime Minister Yingluck Shinawatra's regular absence in parliament and regular foreign trips, and her failure to tackle the problems back home while launching trivial projects like the upcoming reality TV show "Smart Lady Thailand" to advertise the Thai Women Empowerment Fund.

And here is when things went downhill for Abhisit:

http://www.youtube.com/watch?v=adikMyfh1no

นายกรัฐมนตรีก็หลบเลี่ยงปัญหาเหล่านี้ ผมก็ดูไม่ออกครับว่าที่อยู่ในประเทศมา 1 อาทิตย์ที่ผ่านมา ไปทำอะไรบ้าง เมื่อเช้าเห็นแว้บๆ มีข่าวไปทำอะไร โครงการอะไร Smart Lady แปลว่าอะไร ผมก็ไม่ค่อยเข้าใจทั้งหมดหรอกครับ เหมือนกับว่าจะประกวดใช่มั้ย หา Smart Lady แปลว่าอะไร Smart lady นี่ผมถามอภิมงคลแล้ว แปลว่าผู้หญิงฉลาด แต่นี่ผมก็ถามว่า อ้าว แล้วถ้าทำโครงการนี้เนี่ย ทำไมต้องทำ ทำไมต้องหาผู้หญิงฉลาด ทำไมต้องประกวดผู้หญิงฉลาด เพราะว่าเขาบอกว่า ถ้าแข่งขันหาอีโง่ ไม่มีใครไปแข่งได้ 

The Prime Minister is dodging these problems. I don't know what she was up to in the past week in the country. This morning I spotted what project she was doing - "Smart Lady". What does that mean? I didn't fully get that. It's like a competition, right? What does it mean to find a "Smart Lady"? So I asked Apimongkol [Sonakul, Democrat MP] and he said it means 'smart lady'. But I ask why do they do this project, why do they have to find a smart lady, why do they make a competition out of this? Because if they are looking for a stupid bitch, there would be no competition!

"คำต่อคำ นายอภิสิทธิ์ หน.ปชป.ในการปราศรัยเวทีประชาชน เดินหน้าผ่าความจริง วัดดอกไม้ ยานนาวา", Democrat Party Thailand, September 7, 2013 - translation by me

Now, อีโง่ (pronounced "ee-ngo") is not very easy to directly translate into English. However, the prefix อี ("ee") is only used to address somebody in a very rude manner - think of it like "that ..." in a very condescending tone. Since โง่ ("ngo") means 'stupid' or 'the stupid one' and Abhisit was talking about the female prime minister, it is safe to assume that not only he made a derogatory remark about her intelligence, but also specifically about her gender.

(READ MORE: What was Abhisit thinking when he made his stupid “bitch” remark?)

Unsurprisingly, a lot of negative reactions followed these remarks from Pheu Thai Party members and government personnel. Also unsurprising was the repeated silence of the country's prominent feminists, as previously seen here and here - despite the fact that prime minister at times faces nasty sexist remarks. Meanwhile, Yingluck herself is currently (somehow ironically yet again) on a foreign trip to Europe.

On Monday, Abhisit was seemingly unfazed by the controversial gaffe he created:

Mr. Abhisit did not apologise for his now-notorious remark when reporters questioned him at the Democrat Party headquarters earlier today. He claimed that he did not refer to Ms. Yingluck specifically when he said those words on the stage. "I was merely following what I saw on Google," Mr. Abhisit insisted (typing "stupid bitch" in Thai on Google search would bring up images of Ms. Yingluck). [and there's also a dedicated Facebook page for it]

"I don't know which newspaper has reported the news in such negative manner," Mr. Abhisit told the reporters, "I suppose it's the same old one that likes to distort [my words]. And if it's Khaosod, I would not know what to say about it because that newspaper is beyond any remedy". Asked by a reporter what he has to say to the people who are offended by his remark, the visibly irritated Mr. Abhisit shot back: "Offended about what?"

"Abhisit Unapologetic For 'Stupid Bitch' Remark", Khao Sod English, September 6, 2013 

The media is definitely now reporting on it, as seen by the Bangkok Post and The Nation - both having considerably softened the translation to "stupid woman".

A colloquial and at times rowdy beer tent-esque atmosphere is to be expected at such political rallies from all parties. However, with harsh rhetoric provoking vulgar crowd reactions (again, something other parties are not discouraging either) and erratic displays of antics in parliament - just last week a Democrat MP was throwing chairs - the Democrat Party are increasingly descending into gutter politics and will stop at nothing to damage the government, even at the cost of any political progress.

Some of his supporters would welcome that Abhisit Vejjajiva is 'finally' not pulling any more punches (as in the past that was left to e.g. his former deputy Suthep as extensively documented here, here and here), but while it is one thing to appear folksy and aggressive, it is an entirely another unacceptable thing to resort a misogynistic remark. There's no doubt that Abhisit Vejjajiva is no more Mr. Nice Guy.

Is this the end for Thailand's ultra-nationalist yellow shirts?

Originally published at Siam Voices on August 26, 2013 As leaders of the ultra-nationalist People's Alliance for Democracy (PAD) announce they have quit their roles in the movement, is this the end for Thailand's yellow shirts?

It was a Friday and the end of a rather tumultuous political week with long parliament debates on constitutional amendments almost coming to a grinding halt because of the antics by opposition Democrat Party that ultimately couldn't stop to vote.

From the outermost sidelines of the Thai political playing field, the People's Alliance for Democracy (PAD) - the ultra-nationalist, anti-democratic and anti-Thaksin street protest group also commonly known as the yellow shirts - announced that it would make a televised statement later that Friday evening.

A "change in its stance" was touted by the movement. The question was in which direction it was heading. Would the yellow shirts return to mass street protests they have given up on in 2012? Would the Democrat Party return to the fold after their break-up and following ridicule by the PAD?

In the presence of all key yellow shirt leaders such as Sondhi Limthongkul and Chamlong Srimuang - most of whom have kept a rather low public profile in the recent past - from the movement's own TV studio, a spokesman read out a slightly surprising 30-minute statement:

Core bosses of the People's Alliance for Democracy (PAD) announced last night they have quit the movement's leadership (...)

Their decision, which was broadcast on the satellite-based ASTV station, came after it became clear Democrat Party MPs would not quit parliament to join a campaign to push for political reforms as had been suggested earlier by one of the PAD leaders Sondhi Limthongkul. (...)

The PAD leaders, who face a number of charges as a result of anti-Thaksin Shinawatra protests, claimed their ability to conduct political activities was being curbed by court orders.

If they were to bring about political reform, they would have to violate those court orders but there were no guarantees that their "sacrifices" would pay off in the long run.

They said the PAD alone was not powerful enough to bring about change. The Democrats, however, have the resources and are not restrained by any court orders, they said, but the Democrats have turned their back on Mr Sondhi's proposal.

By rejecting the PAD's offer, the Democrat Party showed that it was only aiming at discrediting the government and, like other political parties, hoped to use other groups for its own political gains, the statement added.

"Top PAD bosses resign en masse", Bangkok Post, August 24, 2013

The leaders further lamented in their Friday night announcement the 'vicious cycle' of politics. Even if the current government of Prime Minister Yingluck Shinawatra (which they perceive as a proxy government of her brother Thaksin) is overthrown, the ruling Pheu Thai Party would comfortably win again in a reelection scenario. Any other political party would also act purely for their own political gain, their statement continued.

The yellow shirts have put their hopes in their former fellow anti-Thaksin protesters from the Democrat Party (both have large overlapping supporter groups mainly consisting of middle class Bangkokians), but they have moved on and created their own street protest groups. Furthermore, the opposition politicians would also not want to risk their political careers and quit parliament, which was a condition demanded by the PAD for them to join.

It was an admission of failure for the PAD in their mission to 'free' Thai politics of the influence of Thaksin (also a former business partner of Sondhi before ties between two soured) and everything the yellow shirts believe he stands for, among them a corrupt democratic system that needs to be done away with - preferably via a military coup and replaced with appointed representatives instead of elections.

What began as a broad urban anti-Thaksin alliance in 2005 and the (re-)introduction of street politics to Thailand and reached its climax in the 2008 airport siege (their trials have been postponed countless times), became more and more marginalized over the years. All that is left of the movement is the ultra-nationalist and anti-Thaksin core from the beginning.

Will this mean the end of anti-Thaksin protests? Far from it! The sentiments against Thaksin have only run deeper in Thailand over the years, as the various affiliated off-shoot protest groups such the ultra-royalist multi-colored shirts, the short-lived Pitak Siam and the recently emerged 'White masks' have shown. What all these groups have in common - apart from near-facist political leanings - is that while they have identified what they hate, they rarely have offered a proper political solution to the ongoing polarization.

The leaders' resignation wants to be understood as something temporary rather than a complete breakdown. A return of the yellow shirts to the streets is never really out of the question given the right circumstances. However, with Friday's announcement the People's Alliance for Democracy have become a complete misnomer: they do not have enough the mass support they require, nor have they allies such as the Democrat Party and the military, and they certainly do not stand for democracy.

Thai minister accuses Rohingya refugees of 'feigning pitifulness'

Originally published at Siam Voices on August 21, 2013 In the past year an estimated that over 35,000 Rohingya - an ethnic minority group from Burma who are denied citizenship there and targeted in deadly persecution (partly incited by Buddhist monks) - fled on often overcrowded and frail boats to the Andaman Sea. They often land on Thailand’s shorelines instead of their preferred destinations Malaysia or Indonesia. Thailand recognizes them as illegal immigrants rather than as refugees, denying them the right to seek asylum.

The ongoing plight of ethnic Rohingya in Thailand is bleaker as ever, as about 2,000 of them are still awaiting their fate in detention centers across Thailand. A six-month deadline to find third-party countries to take them passed in late July without any results, leaving them in legal limbo.

We reported on the detention conditions the Rohingya refugees are facing in often overcrowded holding cells and their vulnerability to human traffickers earlier in July. Recently, Channel 4 News exposed that human traffickers are maintaining a "number of secret prisons" on the southern Thai island of Tarutao, seemingly under the radar of Thai authorities. There have been also several reports of attempted and successful escapes of Rohingya detainees (e.g. July 31, August 12). In some areas, there have been plans to improve conditions:

On August 9, the Thai minister of social development and human security, Paveena Hongsakula, told the media that the detention and trafficking of Rohingya in Thailand were serious human rights issues. Yet at a cabinet meeting four days later she proposed sending them to refugee camps, a plan that reportedly has the backing of Prime Minister Yingluck Shinawatra and Foreign Affairs Minister Surapong Tovichakchaikul. (...)

The Thai authorities have also discussed proposals to create alternative centers for the Rohingya or expand the capacity to hold Rohingya at existing immigration detention centers in Songkhla, Ranong, Prachuab Khiri Kan, and Nongkhai provinces.

"Thailand: Release and Protect Rohingya ‘Boat People’", Human Rights Watch, August 20, 2013

However, such proposals were met with objections by local residents.

Just on Tuesday, 86 Rohingya escaped from an immigration detention center in the southern Thai province of Songkhla. According to the local police commander the refugees "used blades to cut through iron bars and hacked at cement walls before disappearing into nearby rubber plantations," but gave no details where these tools came from and why of all places they went to a nearby rubber plantation.

Also, in early August a riot broke out at a detention center in Phang Nga Province resulting in an 8-hour standoff (that could have escalated into something much worse) after authorities wouldn't allow the detainees to perform prayers marking the end of the Islamic holy month of Ramadan.

That's where Deputy Interior Minister Wisarn Techathirawat of the Pheu Thai Party went to on Tuesday to assess the conditions at the detention facility. And then he said this...

Deputy Interior Minister Wisarn Techathirawat says the presence of the media encourages Rohingya refugees to “act-up in front of the camera” in order to get sympathy. Mr Wisarn was at the Phang Nga Immigration center yesterday to inspect the facility, following a Rohingya riot there earlier this month.

“The media often knows that the Rohingya are arriving even before the police do,” he said. “And when the media are present, the Rohingya cry and put on a performance designed to get sympathy. When the media are not present, they act normally, and even seem to enjoy their interaction with the officers.”

The "feigned pitifulness" of the Rohingya reported by the press is giving Thailand a bad name, Mr Wisarn said.

"Rohingya play 'pity card' for media: Deputy Interior Minister", Phuket Gazette, August 20, 2013

And this...

The deputy interior minister expressed fears that the asylum-seekers would harm locals and discourage tourists from visiting Thailand.

"The monsoon season will be over in two months and more boat people will come. We've asked the UNHCR to help fix this problem," Wisarn Techathirawat, deputy interior minister, told Reuters, adding the UN agency only took on a few asylum-seekers. "The rest of the burden is left to us."

"Muslim Rohingya asylum seekers escape Thai detention centre", Reuters, August 20, 2013

It is the apathy of the Thai authorities and politicians towards people fleeing from a country that denies them citizenship and leaves them open to violent and deadly persecution; it is impunity of Thai officials involved in human trafficking, deadly shooting of Rohingyas or towing out refugee boats out on the sea again with the engine removed (not only once); it is so-called forensic experts linking Rohingya refugees to the South Thailand insurgency on dodgy grounds; it is regularly rejecting help from international organizations like UN's refugee agency UNHCR and at the same time bemoaning the lack of international help; it is contemptful comments like these from public figures such as this deputy interior minister - THAT is giving Thailand a bad name and NOT refugees seeking help and security!

Old Thai schoolbook illustrations revived in satirical cartoons

Originally published at Siam Voices on August 19, 2013 Old characters from well-known Thai schoolbooks have been revived with a topical twist in a recently launched series of satirical cartoons on Facebook, reflecting and lampooning current political events.

"Manee. Manee has eyes." These are the first simple words most Thai children in the 1970s and 80s (and possibly every foreign student learning Thai) read in school. Created by the Ministry of Education and published in 1977, the books - plainly titled "Thai Lesson Book" - aimed at primary school students became a recognizable childhood item for introducing them to reading Thai and also a stable of characters such as the young girl Manee (มานี), her older brother Mana (มานะ) and also a dog called Toh (โต).

Many adults fondly remember the simple phrases and the colorful illustrations reflecting simple rural life. But newer generations do not get to see and read these stories in school anymore since the books have been out of print and the curriculum for almost 20 years now.

However, Manee and her friends made an unexpected comeback this summer on Facebook - but things have somehow changed: Toh the dog is suddenly wearing a "Guy Fawkes" mask, gleefully runs after tanks instead of searching for crabs and whereas the formerly well-behaved Manee used to nurse Toh when he got pinched by said crab, she now ends up regularly whacking him with a folding chair. Here's an example of one of these new lessons:

บทที่ ๓ / Lesson 3

โต ไม่ชอบ เลือกตั้ง / โต ชอบ รถถัง / แต่ โต ต่อตัาน เผด็จการ / มานี ตีโต ให้แม่ง หายงง

Toh does not like elections. / Toh likes tanks. / But Toh protests against dictatorship. / Manee whacks Toh out of his confusion.

This is definitely not the Manee from your childhood, but rather the work of an ongoing series of topical and satirical cartoons using the characters and the art style of the old school books to comment current affairs in Thailand.

The Facebook page "มานีมีแชร์" ("Manee has a chair") has as of writing over 84,000 'likes' and was launched in June in response to the reemergence of anti-government and ultra-nationalist protesters, who have rebranded themselves to the so-called 'White Masks', in reference to the "Guy Fawkes"-masks popularized by the Occupy protest movement, also known from the 2005 movie and earlier comics "V for Vendetta".

"The reason why I set up this page is that 99 per cent of my Facebook friends are salim [a Thai dessert, but also the slang term for an ultra-conservative, mostly associated with the multi-colored shirts group of ultra-royalist Dr. Tul Sitthisomwong], so I needed an outlet because I wouldn't have been able to express it as myself," said the unnamed creator in an interview with Prachatai.

Apart from the obvious nostalgia factor of the illustrations, there is another reason for the popularity of the Facebook page: be it Egypt's military coup as an 'inspiration' for Thailand (read story here), the scare over Thailand's rice safety (read story here), the fistfight between two Thai badminton athletes at an international tournament (read story here), the dismal findings of the NHRC over the 2010 crackdown (read story here) or the stupendous threat by the Thai police to monitor the mobile chat app LINE (read story here) - these strips are produced and published almost immediately after these stories happened.

But there are a few 'lessons' that tackle some political and cultural issues in a less obvious way: in one strip, Toh blows up Manee's house with a tank saying it has rats in it, but promises to build a new one for her. In the next picture, Manee beats Toh over the head with the tank's main gun since the new house is nothing but a door and sanitation-less dirty shack, but still has rats in it - a reference to the 2006 military coup and the problems they promised it would solve, but ultimately didn't.

Another one shows Toh convincing Manee, who sees tanks and other military hardware on the horizon, to put on the Guy Fawkes-mask. Suddenly, as she sees the world with Toh's eyes, the scene turns into a sea of glorious Siamese celestial beings - a less than subtle knock on the ulta-nationalists' view of the military's role in Thai politics. Subsequently in the following strip, Manee encourages Toh to put on a red shirt. The result: Toh is overwhelmed by what he's seeing and drops dead on the spot.

The artist gave no particular reason why she chose a 20-year-old school textbook to counter the political views of her Facebook friends, and also leaves the interpretations of what each character and element represents to the readers themselves, including the violent beating of Toh with folding chair at the end of almost every strip (which she acknowledges might irk some readers, but insists - as a dog lover herself - is purely a satirical element). However, it is very clear in the 56 published illustrations so far what stands for what and the creator herself made very clear in her initial motivations where she's coming from.

"Manee has a chair" adds itself to an ever-growing line of politically themed pages on Facebook, covering nearly all sides of the Thai political spectrum, mostly catering to politically like-minded people - and that's something even a chair to the face would hardly be able to change that.

Thailand fails to find closure on Bangkok massacre

Originally published at Siam Voices on August 16, 2013 Over three years after the deadly military crackdown on the anti-government red shirt protests, battling narratives on what happened that day are still defining the current political climate - even more so with the debate on the government-sponsored amnesty bills and the release of an official inquiry report that fundamentally contradicts with recent court rulings.

On May 19, 2010, after nine-and-a-half weeks of anti-government protests and street occupations by the red shirts, the military staged a bloody crackdown. With the previous clashes since April 2010, at least 90 people were killed and thousands injured, mostly civilians. The chaos and carnage has left a gaping wound in the nation's psyche that still hasn't healed. Not least because the questions surrounding  what exactly happened and who is responsible for the deaths are still the subject of intense argument across all political allegiances, mostly with little facts and much hyperbole.

Last year, the Truth for Reconciliation Commission of Thailand (TRCT) released their final inquiry report into the events of May 19, 2010. The panel, set up during the administration of then-prime minister Abhisit Vejjajiva with virtually no powers or access, found faults on both sides and was promptly criticized and dismissed by both sides.

Last week, the National Human Rights Commission (NHRC) released its own report in what they think happened in the crackdown:

The report, around 90 pages long, can be summed up in 2 points: that the security forces did commit several inappropriate actions - such as dropping teargas from the helicopters onto the crowd below and censoring a number of websites - but the bigger issue is that it was the Redshirts who "violated human rights" by engaging in unlawful protests and provoking the authorities.

The Redshirts under the leadership of the National United Front for Democracy Against Dictatorship (UDD), the report said, violated the laws by organising a protest at Ratchaprasong Intersection, the heart of Bangkok′s financial district. The move equals to provoking violence, according to NHRC. Therefore, the NHRC said, it is entirely lawful that Mr. Abhisit formed up the Centre for Resolution of Emergency Situation (CRES) and declared emergency laws. (...)

The casualties during the crackdowns in April and May 2010 were results of clashes between the security forces and shadowy armed militants allegedly allied to the protesters, according the report. (...)

Even the deaths of 6 civilians at Wat Pathumwanararm Temple, declared as ′safe zone′ for fleeing protesters by the authorities, were described as a consequence of alleged gunfights between the militants and the soldiers near the temple - (...)

"NHRC Accused Of Whitewashing Authorities' Hands In 2010 Crackdown", Khao Sod English, August 10, 2013

The NHRC report fails to point the finger of blame at the military for the deaths, which Abhisit and his then-deputy prime minister Suthep Thaugsuban are now facing murder charges by the DSI. Especially foggy are the circumstances, in which six civilians were killed inside Wat Pathumwan, that are described by the NHRC inquiry ("killed outside and then dragged inside the temple grounds"). In fact, they were disproved in a landmark court ruling just a few days earlier that explicitly found the military responsible for the deaths - which was instantly rejected by army chief General Prayuth Chan-ocha, back then one of the key commanders of the crackdown.

Expectedly, the NHRC report was met with heavy criticism with accusations of whitewashing the crackdown, since it also seems to be reinforcing the same official line that has been touted by the authorities and the Abhisit government back then in 2010 and is still insisted upon today by the now-opposition Democrat Party and its supporters. Given the political affiliations the NHRC head Amara Pongsapich and the circumstances that led to her appointment, the report is hardly a surprise, but a disgrace to the National Human Rights Commission's task.

The May 19 crackdown was also a central issue of the parliamentary vote of the so-called amnesty bill last week. From the various draft bills that have been suggested (including one by families of the Wat Pathum victims strangely supported by Abhisit), the government led by the Pheu Thai Party (PT) submitted the draft of PT MP Wocharai Hema, that grants all political protesters amnesty - including the various yellow and red shirt protests since the 2006 military coup - but does not include the protest leaders and authorities responsible for the crackdown. The bill was initially passed by the lower House, but has to vetted and submitted for vote again.

The heated exchanges during the debates saw both political sides occupying their narratives to the events of the violent clashes during the red shirt protests of 2010. One such moment included Democrat MP and former deputy PM Suthep insisted that no snipers were deployed in the dispersal, despite secret documents stating the contrary.

On Thursday, the Bangkok Post published a column by Democrat deputy leader Korn Chatikavanij voicing his opposition to the amnesty bill, accusing the government for a lack of "any genuine desire for reform or reconciliation" and points to the TRCT panel that was set up by then-PM Abhisit (but gave it virtually no powers whatsoever), cites the "objections from the UN human rights office" (although the UN OHCHR only cautioned and then clarified it didn't object the bill at all) and (mistakenly?) references the NHRC as "our own Human Rights Watch", while during the Abhisit government he and his government regularly blasted the findings by HRW and other international human rights organizations.

What all these events in the past week show is that the wounds of what is considerably the worst political violence in the Thailand's recent history still have not healed, because not only are competing truths evidence of an ongoing divided political discourse, but also the very likelihood of repeated impunity for the authorities and the military for the May 19 crackdown still prevails, something that has been practised too often in the country's history - 1973, 1976, 1992, 2006, just to name a few - in the short-sighted hope that all is forgotten and forgiven until the next tragedy.

Tongue-Thai'ed!: Has Thailand's self-proclaimed chief censor crossed the LINE?

Originally published at Siam Voices on August 14, 2013 This is part XXI of “Tongue-Thai’ed!”, in which we encapsulate the most baffling, amusing, confusing, outrageous and appalling quotes from Thai politicians and other public figures – in short: everything we hear that makes us go “Huh?!”. Check out all past entries here.

Thailand has a long line of officers, politicians and other authority figures who think they have more authority than their job entitles them and they're not afraid to show it.

For those of you who missed it, last weekend saw the emergence of Police Maj.-Gen. Pisit Pao-in as the new brash, self-proclaimed chief censor of Thailand. The director of the Technology Crime Suppression Division (TCSD) chief crashed on the scene in the last couple of days after he instructed the summoning of four people for posting coup rumors on Facebook, one of them a red shirt and the other a political editor for ThaiPBS.

The Nation had an exclusive interview with Pisit Pao-in  on this matter and he explains his true 'rationale' for this action, which speaks for itself...

Q : Are asking if clicking “like” is now against the law. [sic!]

A : It will be if you ‘like’ a message deemed damaging to national security. If you press ‘like’, it means you are accepting that message, which is tantamount to supporting it. By doing so, you help increase the credibility of the message and hence you should also be held responsible. (…)

A : The TCSD action is just meant to have a psychological impact.We don’t want these four persons to be jailed. We just questioned them and it’s okay for them to say they didn’t mean to create panic. After this action, people are now more careful [about their Facebook messages]. I am mainly aiming at social peace. (…)

“‘Liking’ political rumours is a crime“, by Pakorn Puengnetr, The Nation, August 11, 2013

Just to reiterate, he admits using scare tactics to curb political rumor-mongering online and at the same time seeks to criminalize Facebook 'likes', since he apparently believes in guilt by association.

On Tuesday, it emerged that Pisit has set his sights on another medium that seems to be just spewing with harmful contents...!

Thai police asked the operator of the popular ‘‘Line’’ instant messaging app for access to records of online chats, raising concerns about intrusive surveillance despite promising only suspected criminals would be targeted.

Technology Crime Suppression division chief Pisit Paoin said Tuesday that police want to review the data of users they suspect are involved in crimes, including making statements against the Thai monarchy, arms trading, prostitution and drug dealing.

"Thai police seek to monitor chat app for crimes", by Thanyarat Doksone, Associated Press, August 13, 2013

The Nation put out another story (likely done during the same interview from last week) again showing his line of thinking and also crying foul against foreign companies...

"We have been talking to them [the operators of social media] a lot, but they do not want to cooperate. When they want anything, they expect to get it, but when we ask them for something, they rarely help us. They have taken a lot from Thailand but refused to cooperate with Thailand. I won't let them go if they make any mistakes," he warned. (...)

"We are not violating anybody's rights, as the checking is being done overseas. So you can't really attack me for this," he said. (...)

"If I want, I can investigate all the information on smart phones. We can investigate all the crimes done via computer systems."

"Police seek to check Line posts", by Pakorn Puengnetr, Asina Pornwasin & Chanikarn Phumhiran, The Nation, August 13, 2013

Those evil foreign social media companies refusing to openly disclose user information and their private chats - that are probably full of stickers anyways - to the Thai police without a warrant or any other legal mandate, even they have been requested to do so! However, the Korean-Japanese company behind the LINE application have repeatedly stated on Tuesday that they have never been officially contacted by the Thai police before.

On Wednesday - amidst a flood of bemusement and ridicule of Thai social media users - he clarified his plans to monitor the estimated 15m LINE subscribers...

According to the commander, the plan to keep tabs on messaging app users will not violate people's right to privacy, because the TCSD has software to monitor messages with words that pose threats to national security, such as coup, monarchy, lese majeste, drugs, counterfeit goods and prostitution.

The plan is intended to safeguard political, social and national stability, maintain peace and order in the country, and protect the morality of Thai people, he said.

"Police to keep tabs on Line users", Bangkok Post, August 14, 2013

As usual, no real explanation is given on what actually constitutes a "threat to national security". The only thing that is transparent here is Pisit's total disregard for freedom of expression without fear of restraint, seeing it as an obstacle to his work.