Red shirt TV on Somyos

Readers alerted PPT to this interview with Piergiorgio Moro of Australia Asia Worker Links regarding its campaign in support of lese majeste convict and political prisoner Somyos Prueksakasemsuk. The English-language portion (with Thai translation) begins around 15:30 minutes into the program on “Democracy Classroom.” The preceding Thai discussion is about the anti-lese majeste campaign.

Visiting lese majeste prisoners

Some time ago PPT received several emails asking us about visiting those held for lese majeste offenses. We are pleased to say  that a guide is now available in English.

For those interested in this information, and seeing and encouraging these political prisoners, visit this Facebook page.

 

 

The monarchy, freedom and democracy

The US Department of State has released its Human Rights Report for 2012. PPT was alerted to this by a story at the Bangkok Post that referred to this report as “a highly critical report detailing … Thailand’s human rights failings.” It added that: “Observers noted this year’s report was more rounded and detailed, especially regarding the southern insurgency.”

Indeed, on our first skim of the report, released a week ago, it does seem somewhat better than its somewhat bland and repetitive reports of recent years. PPT has been especially critical of the State Department’s reports for their failure on lese majeste and the existence of political prisoners. Indeed, last year we commented on a:

hopelessly, probably deliberately, deceitful U.S. “human rights” report for Thailand in 2011. If it wasn’t deliberately deceitful, then we imagine that everyone on the Thailand desk at the Department of State and in the Embassy in Bangkok has been lobotomized to the extent that they are deaf, dumb and blind on lese majeste and other political prisoners in Thailand.

This year there is a change. As in previous years, there are useful comments on a range of issues including officials’ impunity, the use of emergency and other special laws and a range of abuses by security forces and local defence volunteers in the south. That list is disturbing reading. As the Post has it:

Security forces, the report said, were guilty of using excessive force, including killing, torturing and otherwise abusing suspects, detainees and prisoners.

PPT wants to highlight some of the report’s comments on politics, monarchy, lese majeste and political prisoners, which we think represents an attempt to break out of the previous genuflecting to the royalist propagandists and flunkies who have previously shaped American official discourses on Thailand. We will just quote and highlight (with some of the headings added by us):

Red shirts: According to an advocacy group, as of December, 16 protesters jailed after the 2010 United Front for Democracy Against Dictatorship (UDD or “Red Shirts”) protests remained in pretrial detention, charged with protest-related crimes such as rioting and arson. Lawyers affiliated with the UDD movement continued to pursue bail for these remaining detainees held in several provinces. According to a UDD-affiliated information center, of the 1,857 arrests related to the 2010 protests, authorities prosecuted 1,664 individuals as of December, and the courts dismissed 91 cases, sentenced 850 individuals to probation and/or fines, and imprisoned 220 for less than one year, 63 for one to three years, 10 for three to five years, 10 for five to 10 years, and 27 for more than 10 years. According to the Department of Special Investigations, of the 270 protest-related cases under its jurisdiction, it completed 216 investigations as of December, and trials in 62 cases continued at year’s end.

Lese majeste: A July 10 royal pardon allowed the release of dual-national Joe Gordon (also known as Lerpong Wichaikhammat), who was sentenced in December 2011 to two and one-half years’ in prison for lese-majeste offenses. On August 16, a mass pardon in honor of the birthdays of the crown prince (July 28) and the queen (August 12) led to the release of approximately 30,000 prisoners. On August 24, in honor of the queen’s birthday, Suchart Narkbangsai and Suriyan Kokpuai, who were both serving three-year sentences for lese-majeste convictions, received royal pardons and were released.

PPT isn’t quite sure how releasing lese majeste convicts a bit early is an “honor” for the anyone. Thailand’s royals should be ashamed – not honored – that this feudal law remains in place; they could easily have it done away with if they had sufficient honor.

Trials: While most trials are public, the court may order a closed trial, particularly in cases involving national security, the royal family, children, or sexual abuse.

PPT can’t help but wonder why the State Department didn’t point out that closing courts infringes Section 40 of the current constitution. In other words, a court may close its proceedings but in doing so is infringing Thailand’s basic law.

Political Prisoners and Detainees: There were no government reports of political prisoners or detainees; however, sources estimated that seven to 18 persons remained detained under lese-majeste laws that outlaw criticism of the monarchy…. Some of those cases involved persons exercising their rights of freedom of expression and peaceful assembly.

While this statement is something of a step forward for the State Department, it still makes serious errors. For example, the claim that there are no government reports of political prisoners is simply a stupid claim. After all, the government has established a special prison for political prisoners at Laksi. Indeed, Prime Minister Yingluck Shinawatra mentioned political prisoners in a speech this week.

Freedom of Speech and Press: The international and independent media operated freely, except in coverage of matters deemed a threat to national security or offensive to the monarchy…. Journalists generally were free to comment on government activities and institutions without fear of official reprisal. Nonetheless, they occasionally practiced self-censorship, particularly with regard to the monarchy and national security. For example, in April the Thai distributor of The Economist magazine withheld one issue because of a story about lese-majeste prosecutions…. The government imposed some restrictions on access to the Internet and reportedly monitored Internet chat rooms and social media without judicial oversight. Individuals and groups generally engaged in the peaceful expression of views via the Internet, including by e-mail, although there were several limitations on content, such as lese majeste, pornography, and gambling…. The RTP Electronic Crime Suppression Division reported receiving 776 computer-related complaints during 2011 that resulted in 442 investigations–a complaint rate markedly greater than the 47 in 2009 or 285 in 2010. Most cases involved alleged defamation, lese majeste, and illegal activity such as gambling and pornography. Separately, the Ministry of Information and Communications Technology operated the Cyber Security Operations Center to monitor and block Web sites. According to a report by the NGO iLaw, court orders officially blocked nearly 21,000 Uniform Resource Locators (URLs) during the year, 80 percent of which were related to lese majeste. Since passage of the 2007 Computer Crime Act, authorities blocked more than 102,000 URLs, 76 percent related to lese majeste.

From this list it is crystal clear that the major impediment to free speech is the monarchy, lese majeste and national security. Indeed, “national security” is usually defined n terms of the monarchy as well. Can it be said that, apart from the monarchy, Thailand is relatively free? It certainly seems that way.

And finally, this: The constitution provides citizens the right to change their government peacefully through periodic, free, and fair elections based on universal, compulsory suffrage.

How true is this? Yes, there are periodic elections, but there are also periodic military and judicial coups…. More to the point, Section 68 of the constitution effectively makes it illegal to advocate for a republic in Thailand. Again, the monarchy is an obstacle to full democratic freedoms.

One more day is too much!

We thought readers might be interested in the May Day poster being circulated in solidarity with those political prisoners incarcerated for the political crime of lese majeste. Highquality versions are here and we got our version from here.

Updated: The urgent need to free all political prisoners

Update: This article is available in French as:  Appel à la solidarité internationale avec les prisonniers politique de Thaïlande pour le 1er mai

A solidarity group working on lese majeste has issued a call for the release of all political prisoners. The statement begins:

We want to remember these … prisoners now and continue to remind the world to aware and support the call for all free all political prisoners of Lese Majeste Law in Thailand…. The law itself must be abolished as its against the principle of freedom of expression in a democratic society.

At the same time, for the approaching May Day, the following statement is issued:

Solidarity message:  May Day 2013

“Free Somyot, All Political Prisoners and Abolish Lese Majeste Law in Thailand”

Today as we gather together to commemorate May Day let us remember the struggles of our brothers and sisters to improve our work and lives. All our rights as workers have been won through long, hard battles. Currently all over the world, worker activists face not only challenges from the bosses and owners, but also from governments which use unjust laws or military might to stop us from organising at work. Many of our brothers and sisters are in jail because of this repression.

In many countries in Asia we continue to see attacks on labour and democratic rights. For instance, Thailand has had 26 military coup d`etats in its modern history. The situation for labour and human rights activists in Thailand has now become very difficult. Since the 2006 coup d’etat, the widespread use of the repressive Lese Majeste law (Article 112 of Criminal Code of Thailand) has led to the imprisoning of hundreds of activists and civilians, both Thai and foreigners.

On 23 Jan 2013, labour activist and journalist Somyot Prueksakasemsuk was jailed for 10 years (with another 1 year pending) for allegedly defaming the Thai Royal Family.

Somyot’s case has brought international attention to the situation in Thailand.

It has become obvious to all that Article 112 is being used by the Thai government and ruling elite to stifle dissent and suppress progressive activists and organizations. Article 112 stops people asserting their civil and political rights by making views opposed to the ruling regime illegal.

In such a climate of fear and repression, organising at workplaces and conducting campaigns by workers and trade unions becomes very difficult.

We call upon all Trade unions and progressive organisations around the world to continue to stand up for and support our brothers and sisters in Thailand.

Therefore, on the occasion of May Day, 2013, the international day of workers, we wish to declare our solidarity for all jailed, tortured and suffering activists in Thailand and all over the world:

‘We condemn the Thai government’s  use of Article 112 ( Lese Majeste Law) against its opponents and consider its use an attack on basic human rights.
We call on the Thai government to drop the charges against Somyot Prueksakasemsuk, and to free all other political prisoners detained under Article 112.

We also call for the abolition Article 112′

On being middle class progressive

Nidhi Eowsriwong is a historian who has a considerable audience amongst progressive groups within Thailand. His writings are usually a mixture of liberal political ideas and conservative cultural positions, and it is this that makes him appealing across a pretty wide spectrum of the red-yellow divide. The Bangkok Post reports his address at the “Art for Freedom of Political Prisoners” exhibition launched at the Pridi Phanomyong Institute. PPT has some observations but no real answers to the political challenges identified in Nidhi’s address

Discussing political reform, Nidhi reportedly observed that “[t]he suitable time for adaptation was perhaps gone as the liberal royalists have been reluctant to act on certain moves including supporting the lese majeste and charter amendments…”. PPT understands the thrust of this comment, although the “liberal royalists” is an oxymoron in political terms as the “liberals” amongst them usually turn out to be just plain old conservative reactionaries when political push comes to shove.

Nidhi believes that the “most important thing is that the red-shirt movement has to show that they do not answer to the politicians…”. This is a point that has been made by many “liberal” commentators as well as some of the more radical. It is politically interesting because it has strong connections with a middle-class discourse about “clean politics” that is part of the political argument for the growth of royalism and the political ascendency of the monarchy: politicians are a nasty grasping lot and can’t be trusted, so look for a “white knight” or a charismatic savior (readers will find more on this by opening this PDF).

Observing that “[b]oth the yellow- and red-shirt movements have … [been] spiralling downturns and lost steam,” Nidhi’s liberalism suggests to him that:

The progressive wing of the red-shirt movement must break from the elite-compromising United Front for Democracy Against Dictatorship (UDD) and the ruling Pheu Thai Party to become a push factor in the transitional democracy of Thailand….

Kind of like what political scientists used to call a “pressure group.”

Even though Nidhi admits that “a charter amendment that would create a paradigm shift” is “unlikely” and criticizes that Puea Thai Party-led government for “making compromises with the old elite power,” he argues for a benign reformism. Nidhi believes that “… red-shirt members seem to have the ability and legitimacy to move forward on the unfinished course of democratisation.” He considers the red shirts are characterized by the “lower middle class,” and that this group:

do not have so many radical political demands such as calling for tax equality which will affect the business sector, so they should and could expand their alliance to include the white collar sector which also wants democracy….

PPT appreciates that this kind of reformism may be a politics of the achievable, yet it does sound very 1980s, when the emergence of middle-class NGOism was seen as a panacea for military dominance and conservative royalism. It seems to us that red shirts are traversing a new path in supporting elections, giving voice to rural and working class supporters, and attempting to push an agenda through the electoral/party system. The Thaksin-Yingluck strategy is conservative, yet the red shirts appear to us to have rejected both royalism and liberal fundamentalism. If this is a transitional political period, then that owes much to rank-and-file red shirts. We think their strategy has been politically more successful than middle-class NGOism. Of course, the struggle is not over.

Hearing the people sing (and seeing them dance)

Readers might find this demonstration against lese majeste incarceration and for freedom of interest. It was on 10 February near the Democracy Monument, and links to our earlier post on Les Mis/Lese Maj:

All political prisoners to be released

It is reported that “a new committee has been formed by the [government] to identify the country’s remaining prisoners of conscience ‘so as to grant them liberty’.” That’s great news!

Oh, but wait, it is a report from Burma.

A whiff of rotting fish?

It seems that  some of the op-ed writers at the Bangkok Post have suddenly developed a red sheen in their usual political color. Or have they? A couple of days ago we recounted how Voranai Vanijaka had decided that there are real red shirts and fake red shirts and that the real red shirts were the ones demanding that the government do something radical on amnesty and lese majeste and forget that the tanks and protests that the opponents of the government have promised in such circumstances.

In another op-ed, the normally yellow-garbed Veera Prateepchaikul takes a similar line, telling the red shirts demanding amnesty that those locked up “are low-value pawns on a political chess board, and therefore expendable.” Veera is suddenly demanding that the red shirt political prisoners be released and the government do something, anything for them.

Those who have followed the op-eds by Voranai and Veera might smell sardines. Neither have been supportive of anything red shirt actions in the past. Are they simply working on a broader royalist strategy that seeks to provoke missteps by the Yingluck Shinawatra government that allows mobilization by its opponents or that seeks to split red shirts from the government?

Shouldn’t PPT be pleased when Veera claims: “It should not be surprising that the demand for amnesty for jailed red-shirt protesters has been given the cold shoulder by both the government and the United Front for Democracy against Dictatorship, because the government’s political stability is deemed more important than the plight of the prisoners”? After all, PPT has been writing of the Thaksin-Yingluck strategy of political retreat and timidity for some time.

The problem is that Veera has not been a proponent for the release of political prisoners in the past. Why the sudden change? Part of it has to do with the Democrat Party, facing a tough gubernatorial electoral race in Bangkok now proclaims that it has “no objection to it so long as the amnesty is limited only to people charged with defying the emergency decree, not people on criminal charges.” That the Democrat Party is suddenly in favor of releasing some of those its government happily locked up on spurious charges has a fishy whiff to it. Another problem is related to this. All red shirt groups, including the official UDD are proposing an amnesty for all political prisoners.

In the end, the sudden claims to support for the release of political prisoners put in jail by the Abhisit Vejjajiva government smells of rotting fish when those making the call are also those who cheered their arrests.

That said, and the political risks known, the Yingluck government cannot preside over jails that include political prisoners. Yes, the flow of political prisoners to the jails stopped with the ousting of Abhisit’s lot and many prisoners were bailed through the government’s actions. However, the government must continue the emptying of the jails of every single political prisoner, including those held under the odious lese majeste law.

Ayrault, Yingluck and the political prisoners

A reader sends us a translation regarding a forthcoming visit to Thailand by  the French prime minister, with some PPT editing:

Jean-Marc Ayrault, Yingluck Shinawatra and the political prisoners

An article written by Pascal Engelmajer

The French Prime Minister, Jean-Marc Ayrault, will visit Thailand on the 4 and 5 February to meet with his counterpart Yingluck Shinawatra.

The two prime ministers will meet on February 5 to discuss trade, investment, and of course cooperation in various fields. In this type of exchange, unfortunately, human rights has only a little importance.

The visit of Jean-Marc Ayrault follows the one Yingluck Shinawatra to Paris last July. On that occasion she was interviewed by the French Newspaper “Le Figaro”:

- Le Figaro – In Thailand, the lèse-majesté law is one of the most repressive in the world: 33 people were charged in 2005 and more than 400 in 2011. Should it be amended?

- Yingluck Shinawatra – The problem is not the law, but its misuse. We must ensure that this law will no longer be used for political purposes.

An answer that is not a real one. The passivity of the Thai Prime Minister, since it affects the royalty or rather those who act on its behalf, is as usual.

During a meeting between Thai Prime Minister Yingluck and French president François Hollande, no-one said anything in favor of democracy and freedom in Thailand. Neither the French Head of State nor his prime minister mentioned the unbearable situation of the political prisoners in Thailand.

What will Jean-Marc Ayrault, the defender of human rights, do to protect those whose fundamental right of freedom and expression in Thailand is proven to be violated and about the case of Somyot Prueksakasemsuk in particular?

The French Prime Minister will also meet the French community in Thailand on 5 February. I hope that some of them will have the courage to remind him that in an article published on the occasion of the death of Raymond Aubrac (a famous French resistant during the WW II), Jean-Marc Ayrault wrote: “Resistance is a state of mind, a set of values. Now let us be worthy of this commitment, worthy of those who fought, gave their lives for the honor of their country and hold high values of universal human rights.”

The live up to his words today, to honor those who fought for the honor of their country and flew the universal values ​​of human rights, the representative of France must apply them to those languishing in dungeons of feudal Thailand.

The French Prime Minister should also go to the Thammasat University, which saw the massacre of the leftist students the 6 October 1976. Then he would meet some of the seven Thammasat University academics of the Nitirat group that began in late January 2012 to collect signatures to apply for a change of the law that protects the monarchy. Will he meet intellectuals like the historian Somsak Jeamteerasakul who was threatened for having proposed a conference in December 2010 to change the role of the monarchy?

If Jean-Marc Ayrault wants to keep the image of the defender of freedoms he claims to be, then he will not forget to recall the position of the European Union and insist in front of the Thai government that the current Thai law [on lese majeste] is against the right to freedom of expression recognized by the International Covenant on Civil and Political Rights, which Thailand has ratified in 1996.