With two updates: Can the king’s fake emergency be questioned?

17 10 2019

Not that long ago, the king, approved by The Dictator, Gen Prayuth Chan-ocha, issued a decree that transferred the 1st and 11th Infantry Regiments to the palace for the king’s personal use.

As we said at the time, in neo-feudal Thailand, this is perhaps no longer remarkable. However, the proclamation’s claim to constitutionality by citing Section 172 of the junta’s constitution was a surprise. That section states:

For the purpose of maintaining national or public safety or national economic security, or averting public calamity, the King may issue an Emergency Decree which shall have force as an Act.

The issuance of an Emergency Decree under paragraph one shall be made only when the Council of Ministers is of the opinion that it is an emergency of necessity and urgency which is unavoidable.

In the subsequent sitting of the National Assembly, the Council of Ministers shall submit the Emergency Decree to the National Assembly for its consideration without delay….

Of course, the declaration is fake. There was and is no emergency. Perhaps that’s why Gen Apirat Kongsompong decided to make a furious and deranged speech that pretended a threat existed. Indeed, a threat to the monarchy from the parliamentary opposition! To be sure, that is buffalo manure, but the Army boss seems to have had an (invented) “emergency” in mind.

In a self-censored story, Khaosod reports that the “emergency” decree is due to go to parliament today. It is the Prayuth government that has “to defend its emergency decree…” in parliament.

The report states that the parliamentary session “will focus mostly on whether the government’s decision to enact the law unilaterally without going through the usual parliamentary channel was appropriate, and not the merits of the transfer itself.”

In neo-feudal Thailand, questioning the grasping and gorging by the king is off limits. This is not because of law, but because of fear of the king’s vindictiveness and the enormous power he already wields.

The report mentions brave democracy activist Arnon Nampha who:

urged the opposition to vote down the decree because there was no real emergency that warrants its bypassing of parliament. He also said severing the army’s chain of command over the two units would lead to legal complications.

He added:

Members of the Parliament must have the courage to stand up and prevent the risks of expanding royal power, in order to protect the principle of democracy with the King as head of state.

It seems highly unlikely that opposition parliamentarians will show the same strength of spine:

But there are signs that the opposition will not put up much of a fight due to the sensitive nature of the Royal Decree. Major parties are expected to pose no challenge….

The only sensitive thing is that it involves the king. In neo-feudal Thailand, questioning the king is no longer possible and is potentially dangerous. The king’s fake emergency cannot be questioned.

Update 1: In the end, it was only the majority of the Future Forward Party that showed that it supports constitutionalism – yes, even the junta’s flawed constitution – and the notion of a proper and lawful constitutional monarchy. The rest of the parliament fell into support of absolutism or were spineless. But even FFP could not take a stand against a grasping and ever more powerful neo-feudal monarch, arguing “that use of an executive decree for a “non-urgent” matter showed a problem of the cabinet misusing its power in violation of the constitution.” In fact, this is about the king and his demands of the military-backed regime.

Piyabutr Saengkanokkul is correct that “the executive decree violated Section 172 of the constitution, which says executive decrees should be used for urgent issues. He said the executive decree did not reflect any urgency.” The regime and the palace are now likely to seek to destroy him.

The monarchist jellybacks like Deputy Defence Minister Gen Chaichan Changmongkol and Democrat MP Pirapan Salirathavibhaga declared “that passage of the executive decree was important and urgent.” They couldn’t say why. As reported, “The government insisted there was an unspecified “emergency” that required the bill to be passed immediately.”

Other opposition parties, including the Puea Thai Party – now a pretty hopeless bunch – joined the jellybacks.

The erratic king was perhaps expressing his anger at his divine will being questioned by “postponing” his royal boating display scheduled for next week.

Update 2: Reuters has more on the “Democrat” Party’s Pirapan. In defending the indefensible, Pirapan began with the usual mad monarchist trope: “Thailand is a unique kingdom…”. THe point of this banality is to assert that Thailand’s monarchy is somehow allowed to do anything it wants and that its crimes and misdemeanors cannot be criticized and the monarch, no matter how mad, stupid or infirm, cannot be questioned. He then stated: “The monarchy is a representation of national security so in the Kingdom of Thailand, we could not separate national security from the monarchy…”. Of course, this statement reflects all kinds of laws established by military juntas and their puppets, but is entirely beside the point. The point is about the constitutional monarchy, the constitution and the false “emergency.” Of course, the Democrat Party has a long history of supporting the restoration of powers lost by the absolute monarchy decades ago. Indeed, that’s been its reason for existing.


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