Silencing MPs on 112

Prachatai reports that yet another ultra-royalist vigilante group is seeking to silence critics of the lese majeste law. This time, they are targeting an elected member of parliament for a speech made in parliament, later posted online.

Move Forward party MP Amarat Chokepamitkul recently “posted a video clip on Twitter of herself speaking about court neutrality issues in royal defamation [Article 112] cases.”

Amarat. Clipped from Prachatai

The “King Protection Group posted on its Facebook page on Thursday (3 November) that its President Songchai Niamhom went to Phatthalung Provincial Police Station to file a royal defamation [lese majeste] and sedition complaint against Amarat, claiming that she defamed the monarchy in a Twitter video of herself speaking during Wednesday’s parliamentary session.”

In her speech, Amarat “discussed the court’s neutrality when dealing with royal defamation cases and how courts refused to summon documents to be used as evidence in these cases, such as records of King Vajiralongkorn’s travel to and from Germany and records of the transfer of shares in Siam Commercial Bank.”

In the meeting, conservative House Speaker Chuan Leekpai “told her to keep her discussion to what benefits the public and not to talk about the monarchy. He eventually cut off her microphone.”

As is usual, the “the police accepted Songchai’s complaint and said that they will investigate the matter and submit the case to their superiors.” That usually leads to a charge.

Rolling back democracy from its birth III

James Lovelock of UCA News also comments on Chuan Leekpai’s recent Constitution Day comments. While the headline “Thailand’s parlous state of democracy” – Thailand is no democracy – the article is worth considering.

He begins:

A call by a former prime minister of Thailand on his fellow citizens to have faith in the country’s democratic system has been met with ridicule among young Thais who have been demanding democratic reforms. And rightly so.

“Tell that to the military, courts and your PDRC-supporting friends and their earlier incarnations,” one commenter aptly noted, referring to the People’s Democratic Reform Committee, a rightist anti-democratic movement that staged raucous street protests in 2014 against a democratically elected government, precipitating a coup by the military the same year….

“The military dictatorship rammed through the current anti-democratic constitution by making it illegal to campaign against it,” one commenter pointed out apropos Chuan’s speech on Constitution Day. “Unelected Senate appointments by the military. Courts routinely disband any reform-minded party. What ‘democracy’ is he talking about?”

Other commentators have been equally sharp, noting that:

…. the current rulers of Thailand, a powerful group of army generals and business tycoons, have created a deeply undemocratic system, which makes it virtually impossible for liberal parties to gain power through elections.

For all of this military-backed regime’s failures, corruption and manipulation, most commentators think that Gen Prayuth Chan-ocha will continue on to become Thailand’s longest-serving prime minister. That royalist posterior polishers can float to the top proves that Thailand is no democracy.

Rolling back democracy from its birth II

On the ironies of Constitution Day, PPT recommends consideration of an op-ed by Tim Newton at Thaiger. He begins with the report of Chuan Leekpai’s recent words on that day:

Words from the Thai Parliamentary president Chuan Leekpai urging, or willing, the Thai voters not to “become disheartened with the current state of Thai politics” and to have “confidence in the democratic system”.

From noom apicha

He rightly asks: “The democratic system?”

While some of the historical background is a bit scratchy, his observation that Chuan “must be secretly choking on the irony of his comments” is, we think, ignoring the way that people like Chuan buy into the whole palace propaganda version of Thai history. But Newton is right that “Thailand’s current constitution remains a blunt tool to keep the country’s military interests and a Bangkok ‘elite’ in power.” Chuan is part of that elite. Newton is too kind to Chuan, who also played a role in bringing on the 2014 coup.

The op-ed continues:

Whilst saying all the right things on a public holiday set aside to commemorate Thailand’s first constitutions, Chuan doesn’t need to look further than his parliament’s upper house of hand-picked Senators to realise that any true democracy in the Land of Smiles remains elusive.

Like the senators, the man who appointed them is unelected. He also trashed the previous constitution in an illegal coup and seized the premiership, which he continues to hold thanks to the senate, the military and the elite.

Silence on monarchy

We have been trying to get to this post for a week or so. In the meantime, as we have collected news stories, it has grown and grown.

Among the demands of the democracy movement were constitutional reform and monarchy reform. When they come together, it is in parliament, where constitutional reform, law reform and lese majeste reform is meant to be considered.

On monarchy reform and especially reform of Article 112, the usual royalist rancor and “opposition” spinelessness has been on display. Khaosod reported a while ago that “[o]nly one opposition party is planning to raise the issue of the excessive use of the royal defamation offense when the Parliament reconvenes for a censure debate…”.

That is Move Forward, and a couple of their MPs have expressed reservations and fears. Move Forward plans to criticize the use of the draconian law to intimidate political dissidents. The party plans to “push for reforms of libel laws, including lese majeste…”.

Spineless politicians

Other opposition parties panicked, and even walked back on their censure debate which mentioned the political use of the monarchy. Puea Thai stated that while the “formal motion of the no-confidence debate accused PM Prayut Chan-o-cha of ‘using the monarchy as an excuse to deepen the division in the society,’ … the party has no plan to raise the issue of the lese majeste during the censure debate or support the law’s amendment.” A spokesperson added “We didn’t include monarchy reforms in the motion either. We only wrote it broadly, that PM Prayut damages the confidence in democratic regime with the King as Head of State.”

That sounds remarkably like backpedaling with a political spine gone to jelly. Former political prisoner Somyos Prueksakasemsuk observed: “… Pheu Thai still lacks moral courage. It will only worsen and prolong the problem of political divisions.”

Acknowledging the status quo of decades, it was observed that “discussions about the monarchy during a parliamentary session are generally discouraged,” adding: “There are restrictions … we cannot mention His Majesty the King unnecessarily…”.

Khaosod reports that there’s a parliamentary regulation that “bans … ‘referencing … the King or any other person without due cause’.”

The Seri Ruam Thai Party also ran from the lese majeste law and monarchy reform. Thai PBS reported opposition chief whip Suthin Klangsaeng as saying they are “fully aware of the sensitivity surrounding the [m]onarchy, but he insisted that the opposition will refer to the [m]onarchy during the debate while trying to be very discreet and referring to the institution only if necessary.”

The part of the motion causing all the royalist angst states that Gen Prayuth has not been “…upholding nor having faith in a democratic system with the King as the head of state; undermining and opposing democratic governance; destroying the good relationship between the monarchy and the people; using the monarchy as an excuse to divide the people and using the monarchy as a shield to deflect its failures in national administration.”

Of course, the regime’s supporting parties are opposing any discussion of the monarchy and lese majeste. These parties announced they will “protest if the opposition makes any reference to the [m]onarchy during the censure debate…”. Government chief whip Wirat Rattanaseth said “he would feel uncomfortable with any reference to the Monarchy in the opposition’s censure motion which, in essence, says that the prime minister referred to the Monarchy to deflect accusations of gross mismanagement and failures in national administration.”

In the military’s Palang Pracharath Party royalist fascist Paiboon Nititawan emphasized that the pro-military/royalist parties will invoke parliamentary rules to silence any MP discussing the monarchy. He was especially keen to silence critics of the lese majeste law. He declared: “Our party’s policy is to defend the monarchy.” On the broader issue of constitutional reform, the Bangkok Post reports that Paiboon demands that “any provision related to the royal prerogative should not be changed at all, regardless of which chapters they were in.” No change to anything related to the monarchy. We recall that the last changes made to the king’s prerogatives were made on the king’s demand and considered in parliament in secret.

Democrat Party spokesman Ramet Rattanachaweng said MPs had to toe the royalist line: “Everyone knows what their duty is, because we’re all committed to the institutions of Nation, Religions, and Monarchy.” He said his party will oppose amendment of the lese majeste law. Why? “…[O]ur party has no policy to amend it, because we are not affected or damaged by it directly…”.

The parliamentary royalists were cheered on by mad monarchist and royal favorite Warong Dechgitvigrom who declared “he would regard attacks on lese majeste law – or any move to amend it – as an attempt to overthrow the monarchy.”

Soon after this pressure – and plenty more behind the scenes – the opposition buckled. Thai PBS reported that they “agreed to remove a reference to the monarchy, which the government may find provocative, from its censure motion to avoid protests from coalition MPs.” This came after a meeting  to resolve the conflict over the motion. The meeting was chaired by House Speaker Chuan Leekpai.

Puea Thai leader Sompong Amornvivat was reported as pedaling backwards and was reported to have promised “that he will withdraw the motion and rewrite it.” He later denied that he had made this promise and the opposition pushed on with the motion.

Back at the debate about parliamentary (non)debate, Thai PBS had a story about royalist allegations that Sompong had broken his promise to delete the reference to the monarchy in the censure motion. Palang Pracharat MP Sira Jenjakha “threatened to file a lèse majesté charge with the police against opposition MPs who sign in support of a censure motion…”.

Government chief whip Wirat Rattanaseth “warned today that the opposition‘s refusal to delete the offending reference may lead to protests in parliament, to the extent that the debate may be disrupted and end prematurely.”

The last time the royalists disrupted parliament. A Bangkok Post photo showing a Democrat Party member grabbing a policeman’s throat.

Thai PBS took sides, declaring that “Thailand is bracing for unprecedented chaos [not really, see above] in Parliament later this month when the opposition shatters a deep-seated taboo by citing the monarchy in its censure motion against the prime minister.” It asserts: “Involving the monarchy in the no-confidence motion has sparked angry accusations from the government camp that this constitutes a grave insult to the revered institution.”

In response, the Bangkok Post reports that the regime “has formed a legal team to monitor the upcoming censure debate for inappropriate references to the monarchy…”. The person in charge of this is quisling former red shirt Suporn Atthawong, a vice minister to the PM’s Office whose own 112 case sems to have been forgotten. The regime’s legal team will “gather false allegations made during the debate against Prime Minister Prayut Chan-o-cha and cabinet ministers and lodge complaints with police.”

The threats have come thick and fast. The regime is furious. Presumably the palace is too. What they want is to roll back politics to the golden era when the king was never discussed, by anyone, except the seditious.

With a major update: Another night, more protests

As parliament convened to discuss charter amendment, first a small gang of conservative yellow shirts rallied and then a very large pro-democracy protest converged on parliament.

Before getting to the rallies, a comment on Parliament President and former prime minister Chuan Leekpai’s daft comment on charter change and parliament. He declared that “protesters from the two opposing sides in the political conflict to leave the politicians alone so they can get on with their job.” He said: “Don’t pressure them into voting one way or another…. Better to just let them vote independently.”

Chuan seems to misunderstand parliamentary democracy, where protesters regularly seek to influence parliamentarians. More revealing of a dull mind is the notion that this parliament can be “independent.” This is a parliament where the Senate was appointed by the junta and that, with the help of the judiciary and Election Commission, the junta rigged the parliament. There is strikingly little independence.

In any case, the regime is opposing constitutional change. Neo-fascist royalist and deputy leader of the Palang Pracharath Party, Paiboon Nititawan, “has urged fellow MPs who want to protect the Monarchy to reject the draft constitutional amendment proposed by … iLaw …, claiming that it is unconstitutional because the organization accepts foreign funding.”

Without being too flippant, we guess that Paiboon’s “logic” would mean that many of Thailand’s government of agencies “unconstitutional.” That would include the Ministry of Transport and Ministry of Public Health, but we digress….

The day of rallies began with Warong Dechgitvigrom, leader of the ultra-royalist Thai Pakdee group, arriving to present a letter to the president of the unelected, royalist, pro-regime Senate to oppose any changes to the current constitution.

Interesting, The Nation’s “timeline” on the protests (plural) does not say much about the yellow shirts. It doesn’t mention that the yellow shirts were welcomed at the parliament, but does note that “only three groups had been granted permission to protest: “the ultraroyalist Thai Phakdee, People Political groups, and a monarchy protection group.” The Nation does briefly mention yellow-shirted mobs attacking pro-democracy protesters. These attacks came from within the parliament precinct supposedly closed off by police.

The pro-democracy protesters were met with police barricades and repeated splashings of water and tear gas.

Clipped from Prachatai

Legislators began leaving the parliament by boats as government supporters and pro-democracy demonstrators clashed at nearby Kiak Kai intersection in Bangkok on Tuesday evening.

When the yellow shirted mob threw bricks, rocks and other things at pro-democracy protesters, at a police barricade at the Kiak Kai intersection, some of the latter responded. Police did not intervene. But, the yellow shirts melted away, as if supported by the authorities.

Meanwhile, legislators “began leaving the parliament by boats as government supporters and pro-democracy demonstrators clashed…”.

The pro-democracy protesters eventually made it to the plaza in front of parliament, made lots of speeches, urging change and withdrew about 9pm.

The Bangkok Post initially reported that 18 were injured, only one a policeman. Thai PBS later reported “[a]t least 34 people were injured…”.

Pro-democracy protesters called for a return to Rajaprasong today.

Update: Several reports have emerged regarding the protest at parliament. In out view, the most important is in a Bangkok Post report: “Six people were wounded by gunshots during the clashes.” Then there is this, in another Bangkok Post report:

A pro-monarchy supporter caught with a pistol and ammunition at the rally site in Kiak Kai area, near parliament, on Tuesday night told police he carried the firearm for self-defence.

Kasidit Leelamuktanan, 35, was detained by soldiers from the 1st Calvary Battalion. They seized a .357 pistol and 10 bullets from him and reported it to Tao Poon police around 8.30pm.

During police interrogation, Mr Kasidit admitted he took part in the pro-monarchy demonstration on Tuesday, but said he had the pistol with him only for self-defence.

Thisrupt reports:

According to Khaosod, one Ratsadon protestor was shot in the arm with a live bullet.  Meanwhile, citing the Erawan Emergency Center, Reuters reported at least 41 people injured, five with bullet wounds.

Other reports include an excellent Prachatai summary of the evening’s events and of the constitutional amendments being considered in parliament. It notes that:

Police water cannon began firing at protesters at around 14.00, an hour before the scheduled start time of the protest as announced by the student activist group Free Youth. The police reportedly warned protesters beforehand that they would fire a warning shot, and made an announcement while they were counting down that they had mixed a chemical irritant into the water….

At 19.44, after almost 6 hours of struggle, during which the police continuously fired water cannon and tear gas at protesters at both the Bang Krabue and Kiak Kai intersections, protesters broke through the police barricade at the Bang Krabue intersection, while protesters have already broken through at the Kiak Kai intersection….

There were reports of more than 10 waves of tear gas being used on protesters both in canister form and from the water cannon. Thairath also reported that gunshots and explosions were heard during a clash between pro-monarchy protesters in yellow and the pro-democracy guards.

On the use of tear gas and water cannon, former human rights commissioner Angkhana Neelapaijit, who was at the protest site, said that “there was no violence from the protesters, but the authorities used tear gas anyway, and the police even told the protesters they were going to use rubber bullets, which does not comply with international human rights principles.”

Thai Enquirer observes that during the confrontation between police and protesters, something else was going on, with “police on one side of the street in front of parliament, the pro-democracy demonstrators were attacked and provoked by yellow-shirt royalist demonstrators on the other side.” It adds: “Most damningly, when the yellow shirt mob instigated violence, the police stood their ground tens of meters away and did nothing.”

As noted above, the royalists had special treatment. And, “[n]ot only did the police not do anything to stop the violence, at times, there seemed to be a dual-track approach to policing the two groups of rival protesters.” It points out:

The yellow shirts were allowed to march all the way to parliament to submit a letter to the president of the senate while the pro-democracy demonstrators faced chemicals, tear gas, and barbed wire….

The yellow shirt protesters were not herded and corralled by security forces. They were not blockaded by buses and makeshift-cement walls.

It makes one question the legitimacy of such a force that they would be so blatantly biased and in service of their paymasters.

There is little wonder that the protesters have been leaving behind dog food for the police because to the students, the security forces have been nothing more but lapdogs to the coup-makers.

In choosing to do nothing as royalist mobs continue to escalate an already bad situation, the police have shown their true colours. Can anyone really say they’re surprised?

Voranai Vanijaka at Thisrupt writes of: A day of shame: the police stood by as the people clashed.

Monarchy, politics and partisanship

Remember all the bleating about the king being above politics?

We all know that this is buffalo manure, demonstrated by the king himself in recent days.

Interestingly, there’s more evidence of the palace being directly involved in politics that emerges on an almost daily basis.

One example is in The Nation, where Parliament president Chuan Leekpai has stated that “he had consulted Privy Councillor [Gen] Surayud Chulanont … about plans for a national reconciliation committee to resolve rising political conflict.” Chuan added “that Surayud, a former Army chief and post-2016 coup PM, declined to express an opinion on the topic.” Sort of: “he asked all sides to consider the community at large…”.

What’s wrong with that? After all, the old meddler, Gen Prem Tinsulanonda, was interfering all the time. But that was wrong. Like the king, the Privy Council is supposed to be above politics, and under the constitution, providing advice to the king, not to leaders of the legislature.

A second example is about other bodies that claim to be “neutral.” The Office of the Chularatchamontri claims that it and all “Islamic organisations at all levels maintain political neutrality.” This didn’t stop them staging “a mass gathering for Muslim residents who stand united in wanting to protect the country’s three pillar institutions.” The report adds:

The event called Ruam Palang Muslim Pokpong Sathaban Chart Sat Kasat (Uniting Muslim Power to Protect the Nation, Religion and the Royal Institution), was presided over by Aziz Pitukkumpol, the Chularatchamontri.

The event took place at the National Administration Centre for Islamic Affairs Chalerm Phrakiat in Bangkok’s Nong Chok district. It was attended by a large crowd of Muslim residents who wore yellow and waved the national and royal flags.

We understand that the Office is a bureaucratic and state organization, and probably was ordered to mobilize, and that the Chularatchamontri is appointed by the king, but why babble about “neutrality” and then act in highly partisan manner?

No one is above politics, and the right continues to use offices of the state for political purposes. The king will be pleased.

King, regime and royalists

King Vajiralongkorn, Queen Suthida and other members of the royal family have thrown their support behind royalists. Of course, it is natural for the royals to support those who support them. But in the current political climate, this is a statement of the palace’s position. That position is, naturally enough, to oppose those who challenge the king and his palace to reform and become a proper constitutional monarch.

We think this public statement of support for ultra-royalists ranks with previous royal political interventions such as Vajiralongkorn’s support of ultra-royalists in 1976 and the then queen’s attendance at a yellow shirt’s funeral in 2008.

Social media has several video renderings of the royals greeting an arranged crown of yellow-shirted royalists. The picture here is clipped from Andrew MacGregor Marshall’s Facebook page.

This royal outing is a part of the regime’s plan to break the protesters. In our previous post, PPT stated: “PPT looks at the “break” from protests and sees the regime gaining time for organizing rightists and royalists.”

Erich Parpart at Thai Enquirer seems to agree: “What if the removal of the emergency decree wasn’t the government backing down but mobilizing royalist forces.” He says:

The severe state of emergency decree was lifted not because Prime Minister Prayut Chan-ocha’s wanted to back down.

It was actually the first step to revitalize the People’s Democratic Reform Committee (PDRC) and mobilize extreme royalist groups against the student-led pro-democracy movement….

The prime minister, Chuan Leekpai, the house speaker, and Wissanu Krea-ngam, the deputy prime minister, are all stalling for time….

There are already PDRC members out on the streets harassing pro-democracy protestors including groups led by Tossapol Manunrat from Acheewa Chuay Chart, Police Major General Rienthong Nanna, and Suwit Thongprasert who is also known as Buddha Issara. It’s like a PDRC reunion.

They are not out and about to protect the monarchy, they are out and about to intimidate pro-democracy protestors and to protect Prayut.

In addition, there are reports that Army boss Gen Narongphan Jitkaewtae has shown his support for Gen Prayuth’s regime. Of course, many of the yellow shirt groups owe their existence to the Army and ISOC.

The messages from the king, the Army and the regime to the protesters is that they must back down. If they don’t, expect the regime to mobilize yellow shirts for violent confrontation.

Heroin trafficker case at Constitutional Court

Convicted heroin smuggler

The great news is that “Parliament speaker Chuan Leekpai submitted a request on Wednesday to the constitutional court to decide whether Thammanat Prompao, the Deputy Minister for the Ministry of Agriculture, was fit for office.”

Of course he’s unfit for any office – as well as a drug smuggler, he’s a liar and a fraud. But this story is about Thammanat being “unfit for office for being imprisoned for trafficking drugs in Australia,” and that this contravenes the junta’s constitution.

Added to this complaint is a claim that he holds “shares in a company that deals directly with the Port Authority of Thailand.”

That seem novel – a convicted drug trafficker dealing with the Port Authority. We also recall the mask smuggling. Is that related?

The bad news is that, unless Thammanat’s value to the regime’s party and to high-level figures has declined, we’d expect the Constitutional Court to be instructed to wave the smuggler through. Hopefully, this time, the Court has stronger jelly in its spine.

Denying constitutionalism, affirming neo-feudalism I

“Modern” Thailand is looking increasingly like a neo-feudal kingdom. We know that the moniker “Kingdom” has become increasingly common as a kind of affirmation that Thailand has a monarchy. but that has usually meant a constitutional monarchy.

In the previous reign, the monarchy was steadily moved to a position of greater ideological, economic and political power and influence. In the current reign, which began under the military junta, more changes have been made that have further empowered the monarchy, including land grabs, new laws and constitutional changes.

Many of these changes have been enshrined in laws made in secret session by the junta’s appointed and puppet National Legislative Assembly. Others have a dubious legal basis in palace announcements (which the Constitutional Court has interpreted, in one case, as law).

Neo-feudalism enshrined

There’s also been the secretive destruction of symbols of the 1932 revolution. Such historical vandalism has been rightly interpreted as “announcements” of neo-feudalism.

The most recent “announcement” of neo-feudalism was Gen Prayuth Chan-ocha’s “solemn declaration before the King” legally meant to be made under Section 161 of the junta’s constitution. That section states:

Before taking office, a Minister must make a solemn declaration before the King in the following words: “I, (name of the declarer), do solemnly declare that I will be loyal to the King and will faithfully perform my duties in the interests of the country and of the people. I will also uphold and observe the Constitution of the Kingdom of Thailand in every respect.”

As everyone knows, Gen Prayuth read a different declaration:

I, (name of the declarer), do solemnly declare that I will be loyal to the King and will faithfully perform my duties in the interests of the country and of the people. I will also uphold and observe the Constitution of the Kingdom of Thailand in every respect.

Just for interest, a (random) look at other constitutions – here, the 1974 version – showed no difference in the required oath:

As far as we are aware, that oath has never previously been denied (at least when constitutions have been in place).

So, despite denials, this oath to the king rather than (also) to the constitution, is highly significant.

It is also clear that, if they can get away with it, Gen Prayuth and his regime (and the palace) are seeking to make the discussion of the unconstitutional oath go away, with no rectification and no winding back of this act of embedding neo-feudalism.

The Bangkok Post reports an opposition demanded parliamentary debate on the neo-feudal oath “will likely occur next month…”. This announcement came from the government’s Deputy Parliament President Supachai Phosu. It is said that it is “up to Parliament President [and member of the government coalition] Chuan Leekpai to fix a date for the debate, which will proceed without a vote.”

Whether it happens is open to debate. What is clear is that the parliament’s bosses are trying to delay and quieten things so that Gen Prayuth, his regime and the palace can get away with unconstitutional actions and the further embedding of neo-feudalism.

Meanwhile Gen Prayuth said “he is too preoccupied with work to explain” his actions.

Gen Prayuth made his oath ashe and the king intended. They seem confident that they can break the most basic law. As it was under the junta, Thailand remains essentially under a lawless regime.

Updated: Waiting for royal imprimatur

The Bangkok Post reports:

Prime Minister [Gen] Prayut Chan-o-cha said he has submitted the new cabinet line-up for royal approval and is expected to be sworn in soon. “You will see that the royal endorsement will come soon…”.

As has become usual for ultra-royalist, neo-feudal Thailand, the “new” government has been cobbled together but won’t be announced until after the king approves. We don’t follow the king’s travels, but he’s probably in Germany or Switzerland, so the approval will probably be done by email. We suppose he’ll have to be in Thailand to swear in the ministers once he decides he approves.

Meanwhile, readers may recall that the junta’s Election Commission was petitioned some time ago on Gen Prayuth’s eligibility for his post under the junta’s own constitution, section 98 (15):

A person falling under any of the following prohibitions shall have no right to be a candidate in an election of members of the House of Representatives:…

(15) being an official or an employee of a government agency, State agency, or State enterprise or other State official;

The puppet EC chose not to forward it to the Constitutional Court.

Now, House Speaker Chuan Leekpai has received a petition from 101 House members calling for the disqualification of Gen Prayuth as a cabinet minister. He has sent that petition to the Constitutional Court.

Given that the puppet EC didn’t dare deal with this challenge, it is a useful challenge.

Update: We updated the section number and statement for the constitution.