The Monarchy and Thai Society
Arnon Nampha
Greetings to the brothers and sisters who have come out to protest today.
Before beginning, I must inform you that I was contacted by my younger brothers and sisters from Kasetsart University and Mahanakorn University to speak about only one topic. It is one that many people wish to hear about, but no one discusses or mentions directly.
Out of honor and respect for myself, and to honor and respect the brothers and sisters who have come to listen, and with the greatest honor and respect for the monarchy, it is of the utmost necessity that we speak about how the monarchy is involved in Thai politics today. We have shoved this problem under the carpet for many years, brothers and sisters. There is no mention of the actual problem, which means that the solutions miss the mark.
We have to accept the truth that part of the reason that the students and the people have risen up to protest today is because many wish to ask questions about our monarchy. They hold up signs at demonstrations about the person who is in Germany and mention the person who flies back and forth. Such statements can allude to no one other than our monarch, brothers and sisters. But they are meaningless if we do not speak frankly and with reason and evidence in line with the principles of the rule of democracy with the king as head of state.
Brothers and sisters, at present we are facing a problem of the utmost importance. This problem is that our monarchy has grown more and more distant from democracy. This process began after the 2014 coup. Prayuth Chan-ocha and his cohort that launched the coup ordered their jurists to draft a new constitution. The first was drafted by Bowornsak Uwanno. The content of the constitution first drafted by Bowornsak was not substantially different from that of the 2007 Constitution. It turned out that the Thai ruling class did not accept it and the National Reform Assembly (NRA) dispensed with it.* The NRA then handed the responsibility to the real, live wizard-jurist of Thailand, Meechai Ruchuphan. Meechai used his wizardry to design a constitution with a structure that was conducive to the expansion of the royal prerogative in a direction departing from democracy. The farther, the better.
How did he design it?
1. He designed the second paragraph of Section 15 to create royal units as part of national governance, and for such units to be administered in line with the king’s pleasure. Translated into common language, the statement that such units will be administered in line with the king’s pleasure means that they will be run as the king wishes.** The design of this law is in complete contravention to democracy. Subsequently, the draft was brought to a referendum through a messy process. The referendum itself lacked any semblance of democracy. Many of my friends were arrested and threatened.***
2. But once it was passed through a referendum, the monarchy interfered in the promulgation of the constitution. The first time was when Prayuth Chan-ocha presented the constitution passed through the referendum to the king. The king ordered the amendment of the constitution on many key points. If the country was a democracy with the king as head of state, this could not occur because it was official interference with the promulgation of the constitution.
The amendment involved two significant points:
The first amendment regarded the situation of a national crisis. Meechai’s constitution said to examine it in line with administrative custom and to establish a committee to examine [the situation] with the president of the Supreme Court, the president of the Administrative Court, the president of Parliament, and the opposition leader. Examination of national crises would be carried out by those institutions bound up with the people. But the king ordered amendment and for this point to be removed. All that remained was for the examination to be in line with the custom of democracy with the king as head of state. This was the first amendment with definite impact on the key content of the constitution.
The second amendment was to make it such that the king does not need to appoint a regent to act in his stead when he is not in the country.^ We have therefore seen our king go to live in Germany and Switzerland. He returns to Thailand infrequently. This is a fact that all of the brothers and sisters know. All of the soldiers and police know. But I believe that no one dares to say it. With the greatest respect for the monarchy, I think that this problem must be officially discussed in order to collectively find a solution.
Upon promulgation, the power of Meechai Ruchuphan’s constitution was immediately displayed. The NLA, which had been appointed by that damn dictator Prayuth, colluded to pass many laws which expanded the monarchy’s royal prerogative.
[To be continued]
*The National Reform Assembly (NRA) was one of the five bodies appointed by the junta in 2014. The draft constitution was not passed: there were 105 votes in support of the draft, 135 against it, and 7 abstentions.
**Section 15 of the 2017 Constitution stipulates that: “The appointment and removal of officials of the Royal Household shall be at the King’s pleasure. The organisation and personnel administration of the Royal Household shall be at the King’s pleasure, as provided by Royal Decree.”
***The 2016 Act on the Referendum of the Draft Constitution criminalized protest, dissemination of information and even comment on the draft not explicitly authorized by the junta. Thai Lawyers for Human Rights documented at least 212 people who faced prosecution for actions including distributing flyers, organizing seminars on the draft constitution, and tear up their own ballots in protest of the drafting and referendum process…. [citation deleted].
^Section 16 of the 2017 Constitution stipulates that: “Whenever the King is absent from the Kingdom or unable to perform His functions for any reason whatsoever, the King may appoint one person or several persons forming a council as Regent. In the case where a Regent is appointed, the President of the National Assembly shall countersign the Royal Command therefor.”