The Military Must Learn To Respect The Law And The Govt: Thailand

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GUEST COLUMN

The military must learn to respect the law and the govt

Pavin Chachavalpongpun

Singapore

Two thumbs up for the Nitirat Group in its courage to stand up against the shameless defenders of the 2006 military coup.

Nitirat's bold move to call for the expunging of decrees and judicial decisions that flowed from that fateful coup that ousted the elected government of Thaksin Shinawatra has been gripping the nation for a few weeks now. And the Nitirat Group has just promised to launch another surprise, soon. So, I feel compelled to discuss this issue because of its political significance.

But instead of focusing on the legal aspects of Nitirat's proposals, I see the current debate as a fierce battle between democratic forces and the elements of military dictatorship. Credit must be given to the Nitirat Group for suggesting a "democratic way" in clearing the political impasse so that Thai society can ultimately find a peaceful exit from the ongoing political polarisation and avoid another coup.

The attack against the Nitirat Group, on the ground that its proposals could allow Thaksin to return to Thailand a free man, is unreasonable and can be deemed as a cheap tactic. It reveals that Thaksin is once again being used to explain all the bad things that have gone wrong in our domestic politics. Thaksin might not be the most honest and ethical man in the Kingdom, but overthrowing him in a coup was wrong and deplorable. The Nitirat Group has already made it clear: its proposed action to nullify the legal ramifications of the coup is about respecting the rule of law, not kowtowing to Thaksin.

Amidst the heated debate on the Nitirat proposal, there is one man who has publicly and unashamedly stepped up to justify the military coup - Somkid Lertpaitoon, rector of Thammasat University. What has infuriated former and present Thammasat students most is the fact that Somkid has included the founder of this prestigious university, Dr Pridi Banomyong, together with past despots - Sarit Thanarat, Thanom Kittikachorn, Prapas Charusathien and Suchinda Kraprayoon - in the list of Thailand's former coup-makers.

Immediately, a group of Thammasat alumni called for the resignation of Somkid because he made insensitive remarks about Pridi. But frankly, if Somkid is to be sacked or made to resign from his current position, it should not be because of his apparent disrespect for Pridi. It must be because of his political standpoint.

Somkid has been a devoted supporter of the coup because he served as the secretary to the 35-member Constitution Drafting Committee (CDC) under the military regime of interim prime minister Surayud Chulanont. The coup threw away what was perceived to be the people's charter, the 2007 Constitution. Somkid was part of the military's attempt to weaken the position of the executive branch, a crude response to Thaksin's growing power while he served as prime minister from 2001-2006.

It is shocking today to see Thammasat University, a leading educational establishment founded to promote democracy and the rule of law, now under the leadership of a law professor who legitimised the political intervention of the military.

Many would argue that, in the spirit of democracy, Somkid should be able to air his disagreement with the Nitirat Group. It is true that different opinions should be tolerated in a democratic society. But why should we tolerate the view of Somkid, who is an agent of militarism? This is a view that is eroding the principle of democracy in Thailand.

Thailand has long been under the influence of the military. The Army elite has worked closely with a number of extra-constitutional players to undermine democracy for the sake of preserving its own power interests. The only chance for democracy to survive is to encourage the younger generations to understand how respect for the rule of law can fulfil Thailand's democratisation process through higher education in a responsible university under the leadership of a responsible rector. Sadly, Thammasat University today, with Somkid at the helm, is not the right learning place for those kinds of students.

What the Nitirat Group has done is highly commendable in the sense that this group of young law professors is trying to change the Thai political culture from one that has been manipulated by the military to one that enshrines the supremacy of law. It is now time for Thailand to cultivate a new culture in which the military must operate strictly within the framework of the law and under the auspices of an elected government.

Allow me to be a little cynical in this concluding paragraph. Remember when the Thai actor Pongpat Wachirabanchong delivered his famous speech at the Nataraja Awards?

"My house is very big. We have many people living together. Since I was born, this house has been very beautiful and homely. The ancestors of our father lost sweat and blood, and sacrificed their lives to be able to build this house. … If someone is angry at another, whoever, and then passed that anger down on to our father, hated our father, insulted our father, and had thoughts about chasing our father out of this house, I would have to walk up to that person and say, if you hate our father, and do not love our father anymore, you should leave, because this is our father's house."

May I use this award-winner's speech to tell Somkid: The founding fathers of Thammasat fought indefatigably for democracy. Some students lost their lives to protect democracy, right there in the compound of the university. If your interest is to protect the interest of the coup-makers, then you should leave Thammasat, because this is the house of democracy.

Pavin Chachavalpongpun is a fellow at Singapore's Institute of Southeast Asian Studies.

-- The Nation 2011-10-12

[Sharp]

What about the Goverment respecting the law ,the Boss as proved already he doesnt

[AleG]

"Thaksin might not be the most honest and ethical man in the Kingdom, but overthrowing him in a coup was wrong and deplorable"

So Thaksin breaking the law it's OK, but law must be upheld at all costs... except for Thaksin.... and no double standards!

[Bakseedaa]

The Army were dead right to oust Thaksin, Thailand was headed for another Phillipine-like, Marcos dictatorship with Thaksin at the helm.... the only way out was the quiet and silent coup. At that time almost no one in Thailand complained , it was so obvious what Thaksin was up to. It was a coup for the people and for freedom ..... and for "True Democracy"....!

[chooka]

The Army were dead right to oust Thaksin, Thailand was headed for another Phillipine-like, Marcos dictatorship with Thaksin at the helm.... the only way out was the quiet and silent coup. At that time almost no one in Thailand complained , it was so obvious what Thaksin was up to. It was a coup for the people and for freedom ..... and for "True Democracy"....!

Can you please explain how a coup is democratic. Lots of countries have democracies but they weren't the results of coups they were the reults of elections. A minority stages a coup and that is democracy? geez I would hate to live under your regime. The likes of Burma and many other places around the world were the results of coups, democracies I think not.

Edited October 12, 2011 by chooka

[blackout]

Thaksin is once again being used to explain all the bad things that have gone wrong in our domestic politics.

That is so wrong! Not sure where the writer was during Thaksin was in power.

"he was the main driving force" for all this mess. "He amplifies all the bad thai's habit to the new level." He shows it. with the right amount of money, tactic and timing he can do whatever and no one can touch him under what i call twisted democracy!

Then the military feel the same and they did what they have done. Those wearing yellow feel the same, they close down the airport and gave full support to the military. The red saw it and they too want to do the same and they burn down Bangkok.

Thaksin might not be the most honest and ethical man in the Kingdom, but overthrowing him in a coup was wrong and deplorable.

Now that I am totally agree.

Thailand without military coups? It could be in dream. I don't know if they have class in "how to launch a coups" in the thai's military academy or not. It seem like they must have.

( just look at the country's history of democracy!)

Edited October 12, 2011 by blackout

[blackout]

The Army were dead right to oust Thaksin, Thailand was headed for another Phillipine-like, Marcos dictatorship with Thaksin at the helm.... the only way out was the quiet and silent coup. At that time almost no one in Thailand complained , it was so obvious what Thaksin was up to. It was a coup for the people and for freedom ..... and for "True Democracy"....!

Can you please explain how a coup is democratic. Lots of countries have democracies but they weren't the results of coups they were the reults of elections. A minority stages a coup and that is democracy? geez I would hate to live under your regime. The likes of Burma and many other places around the world were the results of coups, democracies I think not.

haft agree. but don't forget Cambodia.

democracy is not all about elections, but yeah i get your point

[JurgenG]

Congratulation to Pavin Chachavalpongpun. A well written column that makes a lot of sense.

I'm also happy that The Nation published it. A good evolution for the Thai press.

Little by little we go back to normal. The coup can't be erased by a decree but freedom of speech will help us to understand what went wrong during the past 5 years and how not to repeat the same mistakes.

[scorecard]

Pavin has been interviewed many times on Singapore TV programs in regard to Thai politics and especially last year when the riots were in full swing.

His comments in the past in TV interviews and here are far from balanced and always sway strongly towards the big boss living in self imposed exile.

Edited October 12, 2011 by scorecard

[scorecard]

The Army were dead right to oust Thaksin, Thailand was headed for another Phillipine-like, Marcos dictatorship with Thaksin at the helm.... the only way out was the quiet and silent coup. At that time almost no one in Thailand complained , it was so obvious what Thaksin was up to. It was a coup for the people and for freedom ..... and for "True Democracy"....!

Can you please explain how a coup is democratic. Lots of countries have democracies but they weren't the results of coups they were the reults of elections. A minority stages a coup and that is democracy? geez I would hate to live under your regime. The likes of Burma and many other places around the world were the results of coups, democracies I think not.

Well said Bakseedaa, right on!

[OzMick]

The Army were dead right to oust Thaksin, Thailand was headed for another Phillipine-like, Marcos dictatorship with Thaksin at the helm.... the only way out was the quiet and silent coup. At that time almost no one in Thailand complained , it was so obvious what Thaksin was up to. It was a coup for the people and for freedom ..... and for "True Democracy"....!

Can you please explain how a coup is democratic. Lots of countries have democracies but they weren't the results of coups they were the reults of elections. A minority stages a coup and that is democracy? geez I would hate to live under your regime. The likes of Burma and many other places around the world were the results of coups, democracies I think not.

I will try. I look at the coup as the ultimate check and balance, used when politicians begin to exploit the democratic system. Thaksin was blatantly corrupting democracy, enacting laws for his own benefit, stacking the police and military with his family members, buying up opposition politicians.

Burma, and other countries that have coups, are military junta dictatorships, Thailand is not. Elections were held in Thailand reasonably quickly after the coup, and Thaksin's party allowed to regain power. That they were caught in electoral fraud and bribery is the risk that they took, and paid the price for.

Edited October 12, 2011 by OzMick

[wintermute]

This person isn't pro-Thaksin and if you know the history of Thammassat and its stand against military dictatorships you'll know that he's right. However, he's treading a dangerous line if you read between the lines of what he's saying. Students at Thammassat have frequently been the target of military and extrajudicial police purges in the past because they have spoken up too often about freedom and democracy. During bad old days students there were hung from trees and beaten to death.

[Thai at Heart]

All they need to do is take a legal system or constitution word for word from another country which has a constitutional monarchy as its system and follow the rules.

This endless "thai-ification" of laws simply ends up with the law being subverted. The system is either capable of standing rigorous testing or not. The mere fact that they keep re-writing bits and bobs here and there to suit the flavour of the day shows that it is not capable of explaining and codifying what the roles of the army, parliament, civil service and their relationship to and the rights of the people.

Of course, this will never happen because how could it be possible to implement a foreign concept into Thai culture the people will cry? But then they can't have their cake and eat it. The constitution in Thailand has been subvertered, re-written, bent and busted so many times because this is exactly the way some people want it. They don't want a clear, concise and simple role for the parties I mentioned earlier that stands the test of time, because it would render hundreds of powerbrokers completely redundant over night, or make it far more simple for the people to hold them accountable for their decisions and conduct.

[wintermute]

Of course, this will never happen because how could it be possible to implement a foreign concept into Thai culture the people will cry? But then they can't have their cake and eat it. The constitution in Thailand has been subvertered, re-written, bent and busted so many times because this is exactly the way some people want it. They don't want a clear, concise and simple role for the parties I mentioned earlier that stands the test of time, because it would render hundreds of powerbrokers completely redundant over night, or make it far more simple for the people to hold them accountable for their decisions and conduct.

The understanding of good governance, social contract, and legal philosophy just isn't the Thai political vocabulary. The regular people have a poor understanding of this because rule of law is generally not respected in their daily lives as well and the educational level is really low.

When they discuss countries overseas with better governments they tend to take a jaundiced culturally dogmatic view of the negatives. They say it's not "Thai" enough or nitpick other flaws because they don't understand why those countries operate as they do and Thais are automatically dismissive and unwilling to concede they are just run better. Admitting that other countries are run better would be a major loss of face nationally.

[gl555]

This person isn't pro-Thaksin and if you know the history of Thammassat and its stand against military dictatorships you'll know that he's right. However, he's treading a dangerous line if you read between the lines of what he's saying. Students at Thammassat have frequently been the target of military and extrajudicial police purges in the past because they have spoken up too often about freedom and democracy. During bad old days students there were hung from trees and beaten to death.

He may not be pro Thaksin but I find it amusing that he states that the military must respect the law and the government and yet pointedly ignores all the times Thaksin hasn't! Thaksin to him is just someone who 'might not be the most honest and ethical man in the Kingdom'. Hardly seems fair don't you think?

Thanksin wasn't a military dictator but he sure as Hell was trying to be one. Luckily he got thrown out first.

[animatic]

Thaksin is once again being used to explain all the bad things that have gone wrong in our domestic politics.

That is so wrong! Not sure where the writer was during Thaksin was in power.

"he was the main driving force" for all this mess. "He amplifies all the bad thai's habit to the new level." He shows it. with the right amount of money, tactic and timing he can do whatever and no one can touch him under what i call twisted democracy!

Then the military feel the same and they did what they have done. Those wearing yellow feel the same, they close down the airport and gave full support to the military. The red saw it and they too want to do the same and they burn down Bangkok.

Thaksin might not be the most honest and ethical man in the Kingdom, but overthrowing him in a coup was wrong and deplorable.

Now that I am totally agree.

Thailand without military coups? It could be in dream. I don't know if they have class in "how to launch a coups" in the thai's military academy or not. It seem like they must have.

( just look at the country's history of democracy!)

The writer is a well known Por-Thaksin polemicist.

So we can expect him to extol all things Thaksinsta from SingP,

as he has in the past.

[Thai at Heart]

Of course, this will never happen because how could it be possible to implement a foreign concept into Thai culture the people will cry? But then they can't have their cake and eat it. The constitution in Thailand has been subvertered, re-written, bent and busted so many times because this is exactly the way some people want it. They don't want a clear, concise and simple role for the parties I mentioned earlier that stands the test of time, because it would render hundreds of powerbrokers completely redundant over night, or make it far more simple for the people to hold them accountable for their decisions and conduct.

The understanding of good governance, social contract, and legal philosophy just isn't the Thai political vocabulary. The regular people have a poor understanding of this because rule of law is generally not respected in their daily lives as well and the educational level is really low.

When they discuss countries overseas with better governments they tend to take a jaundiced culturally dogmatic view of the negatives. They say it's not "Thai" enough or nitpick other flaws because they don't understand why those countries operate as they do and Thais are automatically dismissive and unwilling to concede they are just run better. Admitting that other countries are run better would be a major loss of face nationally.

I agree completely. No one system is perfect, but, it isn't as though Thailand has to continually re-invent the wheel to get the system they want. It isn't so much that the nit-picking is the issue, it is that there are enormous vested interests in having the system the way it is.

Just as a concept take the idea of trial by jury and the lack of precedent law? It has never happened, and I doubt will ever happen because it gives massive power to judges (pooyais) and allows for enormously arbitrary judgements that can be used to suit anyone on a particular day. There need to be cheques and balances on all the working parts of the system instead of assuming that everyone is essentially honest, allowing them to hide behind defamation laws and then wondering why the system becomes lopsided and eventually falls over or needs armed intervention to stop the people killing each other.

It is amazing how you can clean up corruption if you actually have a system that actively fights and punishes it at ALL levels. It is amazing if you make a court system that has to draw on all the combined experience of historical judgements and allow an appeal system to right wrongs instead of preventing criticism of judges decisions. Or how else do you explain an old guy getting years in jail for selling second hand fake DVD's?

The system needs a massive shake up, not just to stop the army or whack Thaksin but to insure impartiality and the will of the people become the norm instead of appearing to be leaving it in the hands of beaureaucrats, corrupt politicians and guys with guns who spend the vast majority of their time on the golf course. These people ALL need to be accountable to the people for what they do, and allowing them to hide behind legalese and a corrupt system will prevent this country from getting forward at the pace at which it should.

I groan when I hear anyone reminding me that they are doing something for the good of the country. Why should there ever be any need to remind?

[WhySoSerious]

A good column with many valid points.

Congratulations to the Nation for publishing it.

Hopefully this is a step towards a more unbiased and objective news medium.

I was going to ignore it, but...:

How some of you Thaksin haters can defend a military coup is beyond belief.

No, he is not a Saint, but at least he came to power as a result of a democratic process.

A democratic process that in Thailand needs time and a living chance in order to mature into something better.

Many of the leaders in our so called free and fair western democracies have done far worse things than Thaksin Shinawatra.

(Bush and his poodle, Blair, coming to mind as two of many examples)

[wintermute]

A good column with many valid points.

Congratulations to the Nation for publishing it.

Hopefully this is a step towards a more unbiased and objective news medium.

I was going to ignore it, but...:

How some of you Thaksin haters can defend a military coup is beyond belief.

No, he is not a Saint, but at least he came to power as a result of a democratic process.

A democratic process that in Thailand needs time and a living chance in order to mature into something better.

Many of the leaders in our so called free and fair western democracies have done far worse things than Thaksin Shinawatra.

(Bush and his poodle, Blair, coming to mind as two of many examples)

I agree that defending military coups is dreadfully misguided especially if you consider Thailand's near permanent military dictatorship that happened in the late 60-70's era. However, democracy itself isn't protected by strong enough institutions to work properly. Too many of the elected officials basically bought their way. They are just doing what they are allowed to do because all the other parts of the government are failures. The judicial system, enforcement, etc.. is all corrupt and needs to be totally revamped.

The problem is there is a lack of strong leaders in Thailand who will follow ethical or moral principles. Once they get into office they are only interested in enriching themselves and screwing everyone else. It's always been like this in Thailand and probably always will until people are educated and raised with higher principles.

If you look at what Thai youth are like nowadays it's very unlikely there will be changes. In fact it will probably get a lot worse. The younger generation is politically inactive, materially selfish, and venal. Even more so than their parents who at least tried to take an active hand in reform back in the 70's.

Edited October 12, 2011 by wintermute

[JurgenG]

Pavin has been interviewed many times on Singapore TV programs in regard to Thai politics and especially last year when the riots were in full swing.

His comments in the past in TV interviews and here are far from balanced and always sway strongly towards the big boss living in self imposed exile.

Pavin may have been interviewed many times on Singapore TV but that he can express his view in Thailand is something new.

For people who have been here for long time, these are clear signs that democracy and free speech that have been suppressed since the coup are back.

[DP25]

This writer has been waving the flag for Thaksin and the red shirts for a long time now. He's been constantly publishing pro Thaksin articles in The Nation, and every time they print one there is wide spread shock from the red shirt brigade that The Nation would do such a thing

[wintermute]

This writer has been waving the flag for Thaksin and the red shirts for a long time now. He's been constantly publishing pro Thaksin articles in The Nation, and every time they print one there is wide spread shock from the red shirt brigade that The Nation would do such a thing

You'll have to quote his pro-Thaksin articles because what he's arguing here is very reasonable. You have to keep powers of state separate from military.

[jayboy]

This writer has been waving the flag for Thaksin and the red shirts for a long time now. He's been constantly publishing pro Thaksin articles in The Nation, and every time they print one there is wide spread shock from the red shirt brigade that The Nation would do such a thing

Actually Pavin has been very critical of Thaksin.I'm afraid your comment simply reflects the mindset that any criticism of the unelected elites in Thailand signifies support for Thaksin.It's not a view that's intellectually sustainable but I suppose is way of registering opposition to Thaksin (perfectly reasonable) without any attempt to consider evidence, context and proportionality.OK for forum banter I suppose but not related to reality.

[DP25]

This writer has been waving the flag for Thaksin and the red shirts for a long time now. He's been constantly publishing pro Thaksin articles in The Nation, and every time they print one there is wide spread shock from the red shirt brigade that The Nation would do such a thing

Actually Pavin has been very critical of Thaksin.I'm afraid your comment simply reflects the mindset that any criticism of the unelected elites in Thailand signifies support for Thaksin.It's not a view that's intellectually sustainable but I suppose is way of registering opposition to Thaksin (perfectly reasonable) without any attempt to consider evidence, context and proportionality.OK for forum banter I suppose but not related to reality.

Yes, yes, very critical of Thaksin. Every article he makes a small comment about Thaksin may have some minor flaw then goes on to write a lengthy support of him and his movement. All part of the strategy

[Thai at Heart]

Better question is to wonder why a head of such a prestigious university with a decent history of political activism actually accepted the request to help write the constitution under the military government.

Of course, brownie points for time served weren't to be expected. Some people just can't help themselves, but there are certain types of people who shouldn't be so obviously politicisied. His job is to run a university, pinning his flag to an army coup isn't the smartest thing in the world to do. But of course, the pooyai thinks he is above criticism, so, so be it. He obviously comes from the same school of political science as Kasit.

[jayboy]

Yes, yes, very critical of Thaksin. Every article he makes a small comment about Thaksin may have some minor flaw then goes on to write a lengthy support of him and his movement. All part of the strategy

The strategy? In his pay I suppose?

[wintermute]

Better question is to wonder why a head of such a prestigious university with a decent history of political activism actually accepted the request to help write the constitution under the military government.

It'd be more interesting to look at how he got appointed to that position and who was pulling the strings. If you look too deeply behind the curtain you are messing with things that can get you killed though.For historical reasons it's obviously in the ruling powers self interest to control Thammasat it's always been a politically volatile school that challenges the status quo.

Edited October 12, 2011 by wintermute

[h90]

"Thaksin might not be the most honest and ethical man in the Kingdom, but overthrowing him in a coup was wrong and deplorable"

So Thaksin breaking the law it's OK, but law must be upheld at all costs... except for Thaksin.... and no double standards!

And not to forget that at that moment Thaksin wasn't premier anymore. His 3 month caretaker time was expired and there were not enough MPs.

[scorecard]

This person isn't pro-Thaksin and if you know the history of Thammassat and its stand against military dictatorships you'll know that he's right. However, he's treading a dangerous line if you read between the lines of what he's saying. Students at Thammassat have frequently been the target of military and extrajudicial police purges in the past because they have spoken up too often about freedom and democracy. During bad old days students there were hung from trees and beaten to death.

And let's remind that if someone wants to remove everything from the statute books which came after a coup, then to be balanced (no double standards) then the 'removal' should go right back to the very first coup, not after just the last coup.

The concept is inappropriate anyway. The coup happened, it cannot be reversed.

[DocN]

Simple chain of facts: Thaksin is a democratic (whatever you call "democracy" in this place) elected PM- army ousts him to protect democracy...

Now...where is the mistake in the picture?

Other question: who decides IF and WHEN the military is "needed" to protect democracy?

Thaksin wasn't ousted because he was a threat to democracy (who cares?) or a criminal (what's new?)- he was ousted, because he became too powerfull for certain people and the military was only too willing to oblige. A military coup can never be "right" or "democratic" - and two wrongs don't make one right!