Laws Needed To Govern Gatherings: Thailand

[webfact]

BURNING ISSUE

Laws needed to govern gatherings

Avudh Panananda

The Nation

BANGKOK: -- Blood will continue to be spilled in connection with political disturbances until the country has a rulebook on public assembly.

Tragic losses occurred in 1973, 1976, 1992, 2008 and 2010. Despite the obvious lesson to be learned from each episode, more and more people were killed or maimed in successive tragedies.

The street protests will continue to wreak havoc in the absence of legislation that strikes the right balance between the people's right to public assembly and the state's obligation to maintain peace and social order. For far too long, parties concerned have neglected to come to an understanding on clear and acceptable guidelines for public assembly.

In 1973, the excitement at overthrowing the military dictatorship led to a false assumption that democracy is a cure-all for political violence.

The bloodshed in 1976 occurred because right-wingers played with their gloves off in order to defeat the leftists. Many of the country's best and brightest became disillusioned and fled to the jungle. It took years to mend fences.

Again, optimism about the resumption of democracy put the issue of public assembly on the back burner.

Following the 1992 Black May incident, former PM Anand Panyarachun led a public inquiry into the political mayhem.

The Anand report was the first comprehensive examination into bloodshed stemming from politically motivated violence. Since 1992, the police force has been tasked with crowd control. Hundreds of millions of baht were earmarked for anti-riot equipment.

In the 2004 Tak Bai incident in Narathiwat, troops armed with live bullets had to be deployed to restore peace because anti-riot police were not ready for work in Bangkok, let alone anywhere else.

It is inexplicable that all successive governments have failed to detect and rectify the flawed preparations to deal with protesters.

In 2008, the government gave the green light for police to crack down on the yellow shirts after the escalation of protests to blockade Parliament.

Police unfortunately inflicted high casualties due to the botched firing of tear gas canisters, which were supposed to be non-lethal.

In 2010, the government opted to focus on invoking the law to shield itself and anti-riot forces rather than pay proper attention to the trajectory of bullets fired.

Tragedies happened again and again, regardless of political affiliation or which government is in power.

If the rival camps take time off from playing the blame game, then they will find that the Truth for Reconciliation Commission of Thailand has made some 13 proposals to ensure a balancing act between public assembly and social order.

The legislation regarding public assembly has been on the drawing board for more than a decade. It fails to make headway because provisions drafted by police appear to be too draconian.

As the red and yellow shirts have first-hand experience in organising protests - as well as of being on the receiving end of anti-riot operations - they should both help chart the future course on public assembly. Their input, given separately or collectively, might prevent more senseless violence.

Public participation in drawing up guidelines for street protests is essential to remind future rally organisers to be mindful of distinguishing between rabble-rousing and the exercising of a universal right to public assembly.

The authorities will also benefit from clear instructions on what they can, or cannot, do in terms of crowd control.

And no future government, be it democratic or undemocratic, can mobilise anti-riot forces for the purpose of denying the people's aspirations.

-- The Nation 2012-09-21

[Thai at Heart]

Ya dont say.....

That said, there are thousands of laws in the country that need reform

Edited September 20, 2012 by Thai at Heart

[asiawatcher]

If the police had done their job, no deaths would have occurred. In the instance of the claim of the article saying people have rights to demonstrate - totally agree, but they have no right to block and seize city streets, smash security cameras, destroy property, have armed militia, burn private and public property as well as promote their cause from speakers blaring well over the safety limit of 100 Db.

No there is no fine line here, right to protest as opposed to mob violence and until the police force (mafia in brown uniforms) start doing what they are supposed to do, enforcing rule of law, this is going to repeat itself, continuing and ongoing.

[fareastguy]

Simple..

Police & government officials must be warned in advance of all details of any protest gathering.

Protesters will be limited in number according to where & when the protest meeting is taking place.

They will be instructed that they have the right to a peaceful protest, state your case hand over a petition and go home, within a specified time limit.

They do not have the right to build a protest village, blockade roads disrupting traffic or workers from going about their every day activities.

One person must be elected as protest leader & they will be held accountable for all actions committed by the protesters.

[jerrysteve]

I thought they had Lawa to Govern Gatherings in Thailand.

Shooting them!! Sad to say.

In Terms of Thailand being some kind of HUB, it is obvious the Spokes have already come off the HUB

[whybother]

There are laws. Protesters (since the OP is about protests) don't take any notice of them.

[zaphodbeeblebrox]

Poorly researched article. Not a mention of the constitutional right to peaceful assembly.

Section 63. A person shall enjoy the liberty to assemble peacefully and without arms. The restriction on such liberty under paragraph one shall not be imposed except by virtue of the law specifically enacted for the case of public assembling and for securing public convenience in the use of public places or for maintaining publicorder during the time when the country is in a state of war, or when a state of emergency or martial law is declared.

Seems to cover all bases. An order could have been made to remove the yellow-shirts from the airport pursuant to the right of government to secure public convenience in the use of public places.

The redshirts (and others) could have been removed for carrying weapons and for the purpose of maintaining public order during a state of emergency.

The law is there, but the political divide is so deep, the government doesn't have independent officials to properly protect the constitution and carry out the government's duties.

[Thai at Heart]

Poorly researched article. Not a mention of the constitutional right to peaceful assembly.

Section 63. A person shall enjoy the liberty to assemble peacefully and without arms. The restriction on such liberty under paragraph one shall not be imposed except by virtue of the law specifically enacted for the case of public assembling and for securing public convenience in the use of public places or for maintaining publicorder during the time when the country is in a state of war, or when a state of emergency or martial law is declared.

Seems to cover all bases. An order could have been made to remove the yellow-shirts from the airport pursuant to the right of government to secure public convenience in the use of public places.

The redshirts (and others) could have been removed for carrying weapons and for the purpose of maintaining public order during a state of emergency.

The law is there, but the political divide is so deep, the government doesn't have independent officials to properly protect the constitution and carry out the government's duties.

The yellows resisted the coppers pretty vigorously, the reds were waiting for the army knowing that the copper s wouldn't do anything.

It should be illegal to puf up any stages and bring seating. U want to talk brung a loud hailer, u wanna sit, sit on the floor. Stop the traffic illegally, be moved on. Go sit in lumpini if u want.

[drdoom6996]

Ya dont say.....

That said, there are thousands of laws in the country that need reform

Along with the people that write the LAWS and enforce the LAWS.

[Chupup]

Yyyyyyyyawnnnnnnnnnnnnnnnnnn

[khunken]

As mentioned above, it's not more laws that are needed but an impartial police force ready to enforce existing laws. To that I would - extremely hopefully - add 'less corrupt'.

[animatic]

40 years and still no laws.

One might be inclined to think they didn't WANT laws to prevent this stuff happening.

[1bbcd5]

Police & government officials must be warned in advance of all details of any protest gathering.

[dcutman]

Yyyyyyyyawnnnnnnnnnnnnnnnnnn

+1