Amnesty For All, At What Cost?: Thai Opinion

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REGIONAL PERSPECTIVE
Amnesty for all, at what cost?
Kavi Chongkittavorn


Worachai Hema submits amnesty bill to House Speaker Somsak Kiartsuranon.

BANGKOK: -- On the surface, "damned if you do; damned if you don't" very much sums up the sentiment in the raging debate over the amnesty bills. But deep down, this is not the Catch-22 situation it may appear to be, with as many as eight different potential bills being pushed forward, causing diversion and confusion. The focus is now on the latest draft, submitted to Parliament last week by 42 Pheu Thai Party MPs headed by Worachai Hema from Samut Prakan.

He called for a blanket amnesty for all political offences, excluding protest leaders, from September 15 2006 to 10 May 2011, potentially affecting over 1,000 offenders. It was an attempt to improve on the previous four drafts awaiting vetting by Parliament as well as those in the offing, including the one recently prepared by former House speaker Ukirt Mongkolnavin.

The opposition Democrat Party has refused to join in the talks, alleging a concerted effort by the ruling party to whitewash its boss-in-exile, Thaksin Shinawatra, who was slapped with a two-year jail term in 2008 over a land purchase scandal in Ratchada. The opposition party is standing firm, saying that amnesty should not be granted to those who have committed crimes.

Again, Thaksin's fate seems to be the key hidden agenda of all proposed bills, and one that will impede further, genuine reconciliation efforts. Supporters of the bills argue that they will heal society and lead to unity so that the country can move forward. For their opponents, the bills are a collective effort to grant amnesty at the expense of justice and truth-finding, and ride roughshod over opportunities for society at large to learn and avoid such mishaps in the future.

Transitional justice is pivotal, they argue, but it must be done in a holistic manner that takes into account all affected stakeholders, civilians or non-civilians, with a step-by-step procedure. Any effort to side-step certain confidence-building, truth-finding processes of confession of wrongdoings and forgiveness would have long-standing negative impacts on the reconciliation process. A survey of the national reconciliation processes of 10 countries around the world, including South Africa, Chile and Rwanda, conducted by the King Prapokkao Institute, showed that inclusiveness and compromis are essentials for successful "closure".

Amnesties are nothing new in Thai politics. At least 18 amnesty bills have been passed since 1932 - when Thailand changed from an absolute to a constitutional monarchy - as the country has struggled over eight decades to establish a functional democracy. Over the country's long history of military coups and political manipulations, hundreds of political offenders have gotten away without being prosecuted. Amazingly, some of these evil-doers have been allowed to repeat the same offence.

That probably helps to explain why there have been so few lessons learned.

Apparently, the current amnesty bills follow a minimalist approach, trying to wrap up all the so-called "bad occurrences" in one encompassing bill. The Worachai bill is very broad, without specific circumstances except the five-year time frame. All previous amnesty bills were very clear and time sensitive as to the nature of offences and crimes committed.

The bill's real intention is difficult to determine at this particular time. While the Democrat Party zeroes in on Thaksin, other political pundits have different views. They see the drafting of the bill as clearly designed to "fix" the current impasse caused by the ongoing detention of 42 of Thaksin's supporters, which happened during the April/May political crisis. This has been a point of contention among the Pheu Thai Party's members and its militant wings.

The Yingluck government has said time and again that the reconciliation process is high on its agenda. In her supporters' mind, all jailed comrades must be released as quickly as possible. Her loyalty to them can been questioned, which could harm her government's stability in the long run. When she took office in August 2011, she threw her support behind the work of the Truth for Reconciliation Commission of Thailand headed by Kanit na Nakorn. But despite the much publicised goodwill, her government has done nothing - taken up not one single recommendation by the commission, which made a thorough investigation and provided a comprehensive and balanced assessment of the April/May 2010 violence when 92 persons were killed and more than 2,000 were injured. Sad but true, the report should have served as a solid foundation from which other truths could be discovered or built upon.

By stubbornly pushing for a blanket amnesty, the government is willing to take a detour past the search for truth that would ensure justice and allow society to learn from past mistakes. Most important is the healing of all political wounds. The government must invite all parties involved in the April/May 2010 incident - the United front for Democracy against Dictatorship, the red- and yellow-shirt followers, People's Alliance for Democracy, Pheu Thai, the Pitak Siam Group, Nicha Hiranburana Thuwatham (wife of the slain Colonel Romkhlao), representatives of the Truth for Reconciliation Commission - to hear their perspectives and work out solutions step by step that are acceptable to all. Without such a reconciliatory step, the passage of an amnesty bill in whatever form will only further divide the society.

So far, there has not been any effort to set forth a national agenda for reconciliation, except the amnesty for all offenders. Pheu Thai is not interested in getting to the bottom of what went on in 2010 because its top leaders know exactly what happened anyway. It would be political suicide for them to expose this further.

Therefore, all the efforts in the past year have been to create narratives that overlook the due process of law, which is the prerequisite for a proper amnesty. At the moment, the government effort is to get Pheu Thai supporter out of jail and pave the way for Thaksin's return. Even if the government succeeds, Thailand will not be able to break away from this vicious political cycle, because those in power will continue to impose their will on others without going through a proper and genuine reconciliation process.


-- The Nation 2013-03-11

[Locationthailand]

"... Amazingly, some of these evil-doers have been allowed to repeat the same offence."

And therein lies the issue. Give them amnesty and they will rely on unrest and riots knowing they will not be held accountable and then of course, the unrest escalates in intensity, damage and deaths. Stick to your principles Dems, for the sake of Thailand.

[Bellweather]

"... Amazingly, some of these evil-doers have been allowed to repeat the same offence."

And therein lies the issue. Give them amnesty and they will rely on unrest and riots knowing they will not be held accountable and then of course, the unrest escalates in intensity, damage and deaths. Stick to your principles Dems, for the sake of Thailand.

Stable country according to Fitch, LOL

[chainarong]

Amnesty is generally given after the event, in this case the soft cocks are trying to get out of going to jail, go to jail, don't pass stop, don't drop the soap, then apply for an Amnesty, Amnesty can only be granted from the head of state.. .

[reiltin]

" Amazingly, some of these evil-doers have been allowed to repeat the same offence"

The dems like a veteran gambler know when the games rigged-they won't sit at the table.

"Putting your faith in karma does not absolve you from the consequences of your own actions."

- From the Buddhist book, A Gift of Inner Peace

[virtualtraveller]

So far, there has not been any effort to set forth a national agenda for reconciliation, except the amnesty for all offenders. Pheu Thai is not interested in getting to the bottom of what went on in 2010 because its top leaders know exactly what happened anyway. It would be political suicide for them to expose this further.

Therein lies the truth. The most suspiciously 'red' thing about this latest bill is that the time frame lets Sonthi off the hook for pulling off the coup (seeing as he's now apparently on someone's payroll) but stops short of the critical May 19th date when the army apparently murdered 90 defensiveness peaceful UDD protestors. Yeah right! This is nothing more than an increasingly desperate attempt by Peua Thai to pacify and increasingly uppity UDD. Note to 'red selves' you got your election, you managed to make Abhisit look like a loser, you won big at the polls, but now you have to do the jail time.

[maidu]

From the OP: "The Yingluck government has said time and again that the reconciliation process is high on its agenda. In her supporters' mind, all jailed comrades must be released as quickly as possible. ....But ...her government has done nothing - taken up not one single recommendation by the (Truth for Reconciliation) commission"

Big brother is heavily involved in manipulating proceedings as much as possible. If any of the amnesty bills gets thru, He gets off the legal hook, plus He stands to get billions of baht returned.

Yingluck and her clone are to reconciliation what forest fires are to thatched roofs.

[kurnell]

Let them all off. They get away with much worse anyway.

[reiltin]

If he'd have been a man 6 years ago and did his (easy)time instead of runing like a dog,he'd be long free today and many more still alive.

[billd766]

If he'd have been a man 6 years ago and did his (easy)time instead of runing like a dog,he'd be long free today and many more still alive.

I think the problem with that is I am sure that a convicted criminal cannot be an MP or in any part of the government.

THAT is why he wants a total whitewashed amnesty.

[OZEMADE]

From the OP: "The Yingluck government has said time and again that the reconciliation process is high on its agenda. In her supporters' mind, all jailed comrades must be released as quickly as possible. ....But ...her government has done nothing - taken up not one single recommendation by the (Truth for Reconciliation) commission"

Big brother is heavily involved in manipulating proceedings as much as possible. If any of the amnesty bills gets thru, He gets off the legal hook, plus He stands to get billions of baht returned.

Yingluck and her clone are to reconciliation what forest fires are to thatched roofs.

Well if the Thai people voted the Gov into power and the people think she is doing a good job according to the polls. If she is listening to her brother Thaksin as most TVF members so state, then why not let him back into the country and make him PM as you all seem to say she is only his clone and she is only following his instructions and the country is doing so well. What seems to be the problem.

[Buchholz]

From the OP: "The Yingluck government has said time and again that the reconciliation process is high on its agenda. In her supporters' mind, all jailed comrades must be released as quickly as possible. ....But ...her government has done nothing - taken up not one single recommendation by the (Truth for Reconciliation) commission"

Big brother is heavily involved in manipulating proceedings as much as possible. If any of the amnesty bills gets thru, He gets off the legal hook, plus He stands to get billions of baht returned.

Yingluck and her clone are to reconciliation what forest fires are to thatched roofs.

Well if the Thai people voted the Gov into power and the people think she is doing a good job according to the polls. If she is listening to her brother Thaksin as most TVF members so state, then why not let him back into the country and make him PM as you all seem to say she is only his clone and she is only following his instructions and the country is doing so well. What seems to be the problem.

He's not eligible to be Prime Minister.

1. He's not an MP

2. He's a convicted criminal with a prison sentence.

.

[OZEMADE]

From the OP: "The Yingluck government has said time and again that the reconciliation process is high on its agenda. In her supporters' mind, all jailed comrades must be released as quickly as possible. ....But ...her government has done nothing - taken up not one single recommendation by the (Truth for Reconciliation) commission"

Big brother is heavily involved in manipulating proceedings as much as possible. If any of the amnesty bills gets thru, He gets off the legal hook, plus He stands to get billions of baht returned.

Yingluck and her clone are to reconciliation what forest fires are to thatched roofs.

Well if the Thai people voted the Gov into power and the people think she is doing a good job according to the polls. If she is listening to her brother Thaksin as most TVF members so state, then why not let him back into the country and make him PM as you all seem to say she is only his clone and she is only following his instructions and the country is doing so well. What seems to be the problem.

He's not eligible to be Prime Minister.

1. He's not an MP

2. He's a convicted criminal with a prison sentence.

.

Not quite my point as I said TVF members say she is a clone and vise versa so if he is pulling the strings and Thailand is doing so well, including Yingluck just getting Thailand a better rating BBB+ because she was not thakin any notice of Thaksin. A few here shot themselves in the foot wouldn't you say.

Edited March 11, 2013 by OZEMADE

[Buchholz]

Big brother is heavily involved in manipulating proceedings as much as possible. If any of the amnesty bills gets thru, He gets off the legal hook, plus He stands to get billions of baht returned.

Yingluck and her clone are to reconciliation what forest fires are to thatched roofs.

Well if the Thai people voted the Gov into power and the people think she is doing a good job according to the polls. If she is listening to her brother Thaksin as most TVF members so state, then why not let him back into the country and make him PM as you all seem to say she is only his clone and she is only following his instructions and the country is doing so well. What seems to be the problem.

He's not eligible to be Prime Minister.

1. He's not an MP

2. He's a convicted criminal with a prison sentence.

.

Not quite my point as I said TVF members say she is a clone and vise versa so if he is pulling the strings and Thailand is doing so well, including Yingluck just getting Thailand a better rating BBB+ because she was not thakin any notice of Thaksin. A few here shot themselves in the foot wouldn't you say.

Apologies for addressing the point you made in your post. Beyond that, I would say that economic indicators, however transitory, do not exonerate criminal convictions with the same going for dodgy public opinion polls as well as even election results.

.

[OZEMADE]

Buchholz you are as bad as Abhisit ducking and weaving to dodge the bullett. He did not dodge well enough as he and his party lost the election. Remember Thaksin was not here, not in the country, nothing to do with the election. He and his party did not do a good enough job, so out they went. Cant help it if you backed a loser and have not stopped winging about it since.

[Buchholz]

Buchholz you are as bad as Abhisit ducking and weaving to dodge the bullett. He did not dodge well enough as he and his party lost the election. Remember Thaksin was not here, not in the country, nothing to do with the election. He and his party did not do a good enough job, so out they went. Cant help it if you backed a loser and have not stopped winging about it since.

Nice tirade, but what on Earth does that have to do with why Thaksin can't become PM or the current credit ratings or current public opinion polls.... the substance of your two previous posts.

None of what you post now has anything to do with either of them nor my replies to them.

Perhaps if you ease off the personal assault, your posts will be more coherent.

p.s. I do concede the humor portion of your post "Thaksin had nothing to do with the election"

Thaksin Thinks, Pheu Thai Acts

We're done.

.

Edited March 11, 2013 by Buchholz

[maidu]

Well if the Thai people voted the Gov into power and the people think she is doing a good job according to the polls. If she is listening to her brother Thaksin as most TVF members so state, then why not let him back into the country and make him PM as you all seem to say she is only his clone and she is only following his instructions and the country is doing so well. What seems to be the problem.

From the OP: "The Yingluck government has said time and again that the reconciliation process is high on its agenda. In her supporters' mind, all jailed comrades must be released as quickly as possible. ....But ...her government has done nothing - taken up not one single recommendation by the (Truth for Reconciliation) commission"

Big brother is heavily involved in manipulating proceedings as much as possible. If any of the amnesty bills gets thru, He gets off the legal hook, plus He stands to get billions of baht returned.

Yingluck and her clone are to reconciliation what forest fires are to thatched roofs.

He's not eligible to be Prime Minister.

1. He's not an MP

2. He's a convicted criminal with a prison sentence..

Not quite my point as I said TVF members say she is a clone and vise versa so if he is pulling the strings and Thailand is doing so well, including Yingluck just getting Thailand a better rating BBB+ because she was not thakin any notice of Thaksin. A few here shot themselves in the foot wouldn't you say.

Who says "Thailand is doing so well" ?

Selling rice at below its cost (stemming from Thaksin's plan, implemented by Yingluck and PT) is not 'doing so well.' Being chastised by the world community for continuing to deal in illegal ivory and shark fins is not 'doing so well.' Indeed, most if not all of T's mandates for Thailand during the past 9 years are ill-thought-out - particularly the Red riots of 2009 and 2010 which he incited and funded.

Just because she is a clone doesn't mean her dominant clone should be back in the PM's chair. If T has a poor idea and his clone and supporters implement it, does that mean T should be back in Thailand? I fail to see the logic in that.

[Noistar]

Am I unique in believing that the rule of law is actually "do whatever you can get away with".

Any attempt to impose 'reconciliation' of whatever flavour, will IMHO lead to unrest rather than peace and harmony.

Are things so bad at the moment? The main distraction seems to be 'reconciliation'. Does Thailand need reconciliation? Wouldn't it be better to move forwards?

But as the past has a habit of repeating itself in Thailand, perhaps the Government and the Thai people are scared of venturing into unknown territory - the future.

[Noistar]

Buchholz you are as bad as Abhisit ducking and weaving to dodge the bullett. He did not dodge well enough as he and his party lost the election. Remember Thaksin was not here, not in the country, nothing to do with the election. He and his party did not do a good enough job, so out they went. Cant help it if you backed a loser and have not stopped winging about it since.

Do you actually believe that Abhisit is a 'loser' and as a result, THAILAND is the winner?

[Noistar]

From the OP: "The Yingluck government has said time and again that the reconciliation process is high on its agenda. In her supporters' mind, all jailed comrades must be released as quickly as possible. ....But ...her government has done nothing - taken up not one single recommendation by the (Truth for Reconciliation) commission"

Big brother is heavily involved in manipulating proceedings as much as possible. If any of the amnesty bills gets thru, He gets off the legal hook, plus He stands to get billions of baht returned.

Yingluck and her clone are to reconciliation what forest fires are to thatched roofs.

Hasn't he already got 'his' "billions of baht returned"? Wasn't there a large amount of money in transit in Hong Kong not so long back?

[hellodolly]

If he'd have been a man 6 years ago and did his (easy)time instead of runing like a dog,he'd be long free today and many more still alive.

The down side to that is he would be in the country at the head of the line for the easy shady money.

On the positive side I am reasonably sure there is people here willing to give him an eternal amnesty.

I like that idea.

Just think he would no longer be bothered by the knee walking brown nosed a-s kissing PT members who's best qualification would make them eligible for Cobra snake fighting. Or is that training no matter.

[waza]

Excellent editorial with many salient pionts....

"Supporters of the bills argue that they will heal society and lead to unity so that the country can move forward."

This is a misconception the reality is evident.....

"Over the country's long history of military coups and political manipulations, hundreds of political offenders have gotten away without being prosecuted. Amazingly, some of these evil-doers have been allowed to repeat the same offence".

The result is today Thai society is further from democracy and even more divided......

"The Yingluck government has said time and again that the reconciliation process is high on its agenda............When she took office in August 2011, she threw her support behind the work of the Truth for Reconciliation Commission of Thailand headed by Kanit na Nakorn. But despite the much publicised goodwill, her government has done nothing - taken up not one single recommendation by the commission"

This indicates to me that the amnesty process isnt about reconcilliation its about the hidden agenda of rewriting history...........

"By stubbornly pushing for a blanket amnesty, the government is willing to take a detour past the search for truth that would ensure justice and allow society to learn from past mistakes. Most important is the healing of all political wounds...........Without such a reconciliatory step, the passage of an amnesty bill in whatever form will only further divide the society."

Theres the crux of the matter and the rationale for this is............

Pheu Thai is not interested in getting to the bottom of what went on in 2010 because its top leaders know exactly what happened anyway. It would be political suicide for them to expose this further...........Therefore, all the efforts in the past year have been to create narratives that overlook the due process of law, which is the prerequisite for a proper amnesty."

Forget amnesty judge them all rehabilitate the guilty and move on

Edited March 11, 2013 by waza

[waza]

Buchholz you are as bad as Abhisit ducking and weaving to dodge the bullett. He did not dodge well enough as he and his party lost the election. Remember Thaksin was not here, not in the country, nothing to do with the election. He and his party did not do a good enough job, so out they went. Cant help it if you backed a loser and have not stopped winging about it since.

Ozmade, I will try to make this as simple as possible. Yingluck cant do this because Thailand has laws on the books that prevent it and a judical process to enforce them. If they ignore those laws they will be disbanded, remember the TRT and PPP? Thats why the PTP want to rewrite the constitution to remove those laws and judicial oversights then they can dictate rules to their hearts content.

Remember the bun fight over the condtitutional court and how the red necks shirt wanted to abolish the constitutional court? That was an example.

PS: I think you win the, "what about Abhist" award for this content.

Edited March 11, 2013 by waza

[Soi Dog]

I view the proposed amnesties with a jaundiced eye but not for the same reason as most. I was on one of the very last flights to land at Swampy when the yellow shirted goons were storming the control tower. I could have had a very bad day so I am not one who views the yellow shirt takeover of Swampy as a harmless prank and great fun. And I certainly don't see the justice in none of them ever going behind bars while so many red shirts have been in jail for so long without trial. It will take more than an amnesty to even the score.

[maidu]

Message from Yingluck, her brother, PT and the Reds to the Thai people: "Go ahead and break the law. If you're chummy with the political party at the top of the power heap in Thailand, you'll be let excused later."

The more the Shinawatres and their followers advocate their type of warped 'reconciliation,' the more discord, animosity and polarization ensues. It's like advocating an electric blanket for someone who is suffering from sunstroke.

[Noistar]

I view the proposed amnesties with a jaundiced eye but not for the same reason as most. I was on one of the very last flights to land at Swampy when the yellow shirted goons were storming the control tower. I could have had a very bad day so I am not one who views the yellow shirt takeover of Swampy as a harmless prank and great fun. And I certainly don't see the justice in none of them ever going behind bars while so many red shirts have been in jail for so long without trial. It will take more than an amnesty to even the score.

Your eye doesn't sound jaundiced - more 'bloodshot'