HM the King: Be prepared for crucial verdict
The Nation.
The judgements made by the Constitution Tribunal gave us a clear idea of what the rule of law is in contemporary Thai politics; ie the way the country is ruled by the law that was ordered by the coup-makers who put an end to the 1997 constitution.
It is such an irony that the country had to wait nine months for this judgement from the Constitution Tribunal, which followed the Council for National Security's order to punish political parties on charges of being against a parliamentary democratic regime, which was already destroyed by the coup. The verdict was an endorsement of the coup-makers' orders.
What happened on Wednesday was a bold instance demonstrating how Thai society is governed by the "rule by law" rather than the "rule of law" - ie the law that is issued by those in political power regardless of how they got into power. Since the coup, which was done through military means, was successful, the law issued by the orders of those in power is deemed to be legitimate and the verdict of the Constitution Tribunal, which was brought into existence by the coup-makers, is also regarded as lawful.
What can be read from the verdict is very clear: the tribunal accepted the legitimacy of the coup, which went against the 1997 constitution, and it used the orders of the coup-makers to punish political parties.
This does not mean that those political parties did nothing wrong, but the punishment was legally unnecessary from the principle of the law, but politically necessary from the rule by law principle.
The tribunal could have done nothing and allowed those parties to be suspended by the coup-maker's order alone. What constitution precisely was the Constitution Tribunal working from? If the rule of law has something to do with the equal treatment of all members of the polity, why was a certain group able to overthrow the previous constitution?
What is interesting from the information regarding the vote of the tribunal is that the judges who came from the Supreme Court (three out of the nine) disagreed as to the punishment.
The coup-makers' orders introduced the five-year ban for party executives found guilty of electoral fraud and in this case the offences committed by these politicians took place before that order was issued. Thus it was a good sign that in fact some members of the tribunal were aware of that principle and expressed their views, which were not in total agreement with the orders of the coup-makers.
While the media presented the public's sentiment as positive towards the Constitution Tribunal's verdict, it is worth nothing that this positive opinion is in fact an outcome of the "politics of fear", which the country has been ruled by since the coup. Both the coup-makers and its supporters have justified their rule by instilling the fear in the people that an undemocratic means of governance and the deprivation of political freedoms are legitimate as they prevent the country from being torn apart by Thaksin Shinawatra.
It is national unity by any means which became the driving force behind the state - taking precedence over other forms of general will, such as freedom of speech, economic prosperity and alternative policy.
Thus the judgement from the tribunal yesterday did not seem to put an end to the politics of fear in this country.
Fear continues to be an indispensable part of post-coup politics and it proves that national unity cannot put an end to fear but that in fact creating fear is important to unite people together under one nation. Elections have to be suspended until the new undemocratic constitution is in place with people approving it out of fear; if the constitution is not approved, the election will be constantly delayed or the coup-makers will select any previous constitution to be used.
The judgement is legally valid, subject to what the conception of law is. If the law refers to an order of the ruler, the judgement by the Constitution Tribunal is unquestionable but legally unnecessary. If law means a popular consensus, the punishment that was based on the orders of the coup-makers is questionable, but politically necessary and important in ensuring that the politics of fear continue to work as the dominant theme in Thai politics so that those in power now will continue ruling the country.
Pitch Pongsawat is a lecturer at the Government Department in Chulalongkorn University's Political Science Faculty.
Pitch Pongsawat
The judgements made by the Constitution Tribunal gave us a clear idea of what the rule of law is in contemporary Thai politics; ie the way the country is ruled by the law that was ordered by the coup-makers who put an end to the 1997 constitution.
It is such an irony that the country had to wait nine months for this judgement from the Constitution Tribunal, which followed the Council for National Security's order to punish political parties on charges of being against a parliamentary democratic regime, which was already destroyed by the coup. The verdict was an endorsement of the coup-makers' orders.
What happened on Wednesday was a bold instance demonstrating how Thai society is governed by the "rule by law" rather than the "rule of law" - ie the law that is issued by those in political power regardless of how they got into power. Since the coup, which was done through military means, was successful, the law issued by the orders of those in power is deemed to be legitimate and the verdict of the Constitution Tribunal, which was brought into existence by the coup-makers, is also regarded as lawful.
What can be read from the verdict is very clear: the tribunal accepted the legitimacy of the coup, which went against the 1997 constitution, and it used the orders of the coup-makers to punish political parties.
This does not mean that those political parties did nothing wrong, but the punishment was legally unnecessary from the principle of the law, but politically necessary from the rule by law principle.
The tribunal could have done nothing and allowed those parties to be suspended by the coup-maker's order alone. What constitution precisely was the Constitution Tribunal working from? If the rule of law has something to do with the equal treatment of all members of the polity, why was a certain group able to overthrow the previous constitution?
What is interesting from the information regarding the vote of the tribunal is that the judges who came from the Supreme Court (three out of the nine) disagreed as to the punishment.
The coup-makers' orders introduced the five-year ban for party executives found guilty of electoral fraud and in this case the offences committed by these politicians took place before that order was issued. Thus it was a good sign that in fact some members of the tribunal were aware of that principle and expressed their views, which were not in total agreement with the orders of the coup-makers.
While the media presented the public's sentiment as positive towards the Constitution Tribunal's verdict, it is worth nothing that this positive opinion is in fact an outcome of the "politics of fear", which the country has been ruled by since the coup. Both the coup-makers and its supporters have justified their rule by instilling the fear in the people that an undemocratic means of governance and the deprivation of political freedoms are legitimate as they prevent the country from being torn apart by Thaksin Shinawatra.
It is national unity by any means which became the driving force behind the state - taking precedence over other forms of general will, such as freedom of speech, economic prosperity and alternative policy.
Thus the judgement from the tribunal yesterday did not seem to put an end to the politics of fear in this country.
Fear continues to be an indispensable part of post-coup politics and it proves that national unity cannot put an end to fear but that in fact creating fear is important to unite people together under one nation. Elections have to be suspended until the new undemocratic constitution is in place with people approving it out of fear; if the constitution is not approved, the election will be constantly delayed or the coup-makers will select any previous constitution to be used.
The judgement is legally valid, subject to what the conception of law is. If the law refers to an order of the ruler, the judgement by the Constitution Tribunal is unquestionable but legally unnecessary. If law means a popular consensus, the punishment that was based on the orders of the coup-makers is questionable, but politically necessary and important in ensuring that the politics of fear continue to work as the dominant theme in Thai politics so that those in power now will continue ruling the country.
Pitch Pongsawat is a lecturer at the Government Department in Chulalongkorn University's Political Science Faculty.
Pitch Pongsawat
Read the below two links. They show what happened to the last, most recent coup makers and military governments here. The latter, Suchinda, finally listened to the King and did the right thing. Hopefully this current group will look at this history and also do the right thing. The Thai's won't tolerate another round of the past. What they'll do will make this TRT issue look like childs play. Pete
http://en.wikipedia.org/wiki/Thanom_Kittikachorn
http://en.wikipedia.org/wiki/Suchinda_Kraprayoon
http://en.wikipedia.org/wiki/Thanom_Kittikachorn
http://en.wikipedia.org/wiki/Suchinda_Kraprayoon
BANGKOK, Thailand: (AP) Thailand's military government could propose an amnesty to allow politicians from former Prime Minister Thaksin Shinawatra's party to return to public office, the powerful army commander said Friday.
Army Commander Gen. Sonthi Boonyaratglin — who led a coup against Thaksin last September — made the suggestion less than 48 hours after a court ordered the Thai Rak Thai party dissolved its 111 executives barred from public office for five years.
Sonthi was speaking on government-owned television Channel 11.
Earlier Friday, interim Prime Minister Surayud Chulanont announced that an eight-month ban on political activities would soon be lifted so parties can prepare for elections.
The Constitutional Tribunal said Wednesday that Thai Rak Thai had violated election law in campaigning for the general election held in April last year.
The tribunal's ruling came ahead of a new election which is tentatively planned for December, but Sonthi also indicated it could be brought forward.
Speaking on the same interview program, a member of the state Election Commission, Sodsri Satayatham, said the verdict that barred the Thai Rak Thai executives was final and could not be reversed by the courts.
However, she said the ban could be lifted by a Cabinet decree that is also approved by the National Legislative Assembly — the interim Parliament installed after last year's coup.
"There is no dead-end in politics," she said.
Sodsri said elections can be held as early as late October, but more likely in November.
Agreeing that amnesty was an option, Sonthi said that "I can approve of it because I think about national reconciliation." He agreed as well that an earlier election date was possible.
"Most of these 111 people weren't involved with what happened," he said.
Sonthi heads the Council for National Security, which comprises the top military leadership who staged last year's coup. Although the coup-makers appointed an interim civilian government and legislature, they retain ultimate authority over the country's administration, with veto power over many matters.
The court ruling Wednesday, while not totally unexpected, raised the prospect that the next election would be seen as unfair and could cause divisiveness that might lead to violence. Thai Rak Thai remains very popular among Thailand's rural majority, who delivered the party huge electoral victories.
The country's second biggest party, the Democrat Party, also faced electoral law charges, but was exonerated.
Chaturon Chaisaeng, who took over as Thai Rak Thai party leader when Thaksin stepped down after the coup, said he was not surprised by Sonthi's proposition.
"What happened was heavily criticized by academics ... next Wednesday, when they show what the minority judges said and why they disagreed with the ruling, there will be even more dissent," he told The Associated Press.
Chaturon, who challenged the legitimacy of the court proceedings because they took place under rules set by the coup makers, said the party would not apply for an amnesty, adding that the group is considering other legal options.
The current ban on political activities, which included a prohibition on all campaigning and meetings, was slapped on all political parties following last September's bloodless military coup against Thaksin, who had been accused of corruption and abuse of power.
Prime Minister Surayud told reporters he hoped he could announce the lifting of the ban in one or two weeks, after some details have been worked out. He did not elaborate.
"Since the trial of political parties is over, it is about time to relax on political activities," Surayud said, reaffirming that elections will take place in December at the latest.
After the ban on political activity is lifted, Thai Rak Thai members not excluded for five years will be able to register a new party. Politicians across the board will be free to switch party affiliations or form new parties
Army Commander Gen. Sonthi Boonyaratglin — who led a coup against Thaksin last September — made the suggestion less than 48 hours after a court ordered the Thai Rak Thai party dissolved its 111 executives barred from public office for five years.
Sonthi was speaking on government-owned television Channel 11.
Earlier Friday, interim Prime Minister Surayud Chulanont announced that an eight-month ban on political activities would soon be lifted so parties can prepare for elections.
The Constitutional Tribunal said Wednesday that Thai Rak Thai had violated election law in campaigning for the general election held in April last year.
The tribunal's ruling came ahead of a new election which is tentatively planned for December, but Sonthi also indicated it could be brought forward.
Speaking on the same interview program, a member of the state Election Commission, Sodsri Satayatham, said the verdict that barred the Thai Rak Thai executives was final and could not be reversed by the courts.
However, she said the ban could be lifted by a Cabinet decree that is also approved by the National Legislative Assembly — the interim Parliament installed after last year's coup.
"There is no dead-end in politics," she said.
Sodsri said elections can be held as early as late October, but more likely in November.
Agreeing that amnesty was an option, Sonthi said that "I can approve of it because I think about national reconciliation." He agreed as well that an earlier election date was possible.
"Most of these 111 people weren't involved with what happened," he said.
Sonthi heads the Council for National Security, which comprises the top military leadership who staged last year's coup. Although the coup-makers appointed an interim civilian government and legislature, they retain ultimate authority over the country's administration, with veto power over many matters.
The court ruling Wednesday, while not totally unexpected, raised the prospect that the next election would be seen as unfair and could cause divisiveness that might lead to violence. Thai Rak Thai remains very popular among Thailand's rural majority, who delivered the party huge electoral victories.
The country's second biggest party, the Democrat Party, also faced electoral law charges, but was exonerated.
Chaturon Chaisaeng, who took over as Thai Rak Thai party leader when Thaksin stepped down after the coup, said he was not surprised by Sonthi's proposition.
"What happened was heavily criticized by academics ... next Wednesday, when they show what the minority judges said and why they disagreed with the ruling, there will be even more dissent," he told The Associated Press.
Chaturon, who challenged the legitimacy of the court proceedings because they took place under rules set by the coup makers, said the party would not apply for an amnesty, adding that the group is considering other legal options.
The current ban on political activities, which included a prohibition on all campaigning and meetings, was slapped on all political parties following last September's bloodless military coup against Thaksin, who had been accused of corruption and abuse of power.
Prime Minister Surayud told reporters he hoped he could announce the lifting of the ban in one or two weeks, after some details have been worked out. He did not elaborate.
"Since the trial of political parties is over, it is about time to relax on political activities," Surayud said, reaffirming that elections will take place in December at the latest.
After the ban on political activity is lifted, Thai Rak Thai members not excluded for five years will be able to register a new party. Politicians across the board will be free to switch party affiliations or form new parties
BANGKOK (Reuters) - Thailand's army-appointed cabinet agreed on Tuesday to let political parties resume activities, a government spokesman said days after ousted Prime Minister Thaksin Shinawatra's was disbanded.
But the formation of new parties was still banned as it would take time for a new law to be written on forming new parties, government spokesman Nattawat Suthiyothin told reporters.
That means Thaksin's Thai Rak Thai (Thais Love Thais) cannot reform under a new name, which it is expected to do before general elections the government has promised for December, until that law is passed.
The Constitutional Tribunal ordered the dissolution of Thai Rak Thai for election fraud last week and banned 111 of its leaders, including Thaksin, from politics for five years.
But it absolved the Democrat Party, Thailand's oldest and the main opposition to Thaksin until he was ousted last September, of any wrongdoing in elections early last year.
The verdict upset Thaksin supporters who demonstrated against the generals who overthrew Thaksin and the government they appointed.
But the formation of new parties was still banned as it would take time for a new law to be written on forming new parties, government spokesman Nattawat Suthiyothin told reporters.
That means Thaksin's Thai Rak Thai (Thais Love Thais) cannot reform under a new name, which it is expected to do before general elections the government has promised for December, until that law is passed.
The Constitutional Tribunal ordered the dissolution of Thai Rak Thai for election fraud last week and banned 111 of its leaders, including Thaksin, from politics for five years.
But it absolved the Democrat Party, Thailand's oldest and the main opposition to Thaksin until he was ousted last September, of any wrongdoing in elections early last year.
The verdict upset Thaksin supporters who demonstrated against the generals who overthrew Thaksin and the government they appointed.