FTI CALL
Drop martial law, use Article 44, govt told
Erich Parpart
The Nation

BANGKOK: -- Supant Mongkolsuthree, chairman of the Federation of Thai Industries (FTI), yesterday called on the government to lift martial law and replace it with Article 44, which grants the junta unchecked power.

He said he agreed with the proposal that Article 44 replace martial law, because any security measure that is not martial law is more acceptable to the international community. He said this is because few people outside Thailand have an understanding of the domestic situation and the junta's decision to keep martial law in place.

Article 44 of the interim charter authorises Prime Minister General Prayut Chan-o-cha, in his capacity as chief of the National Council for Peace and Order (NCPO), to exercise the powers of the executive, legislative and judicial branches of the government in order to suppress threats to national security.

Meanwhile, the Joint Standing Committee on Commerce, Industry and Banking (JSCCIB) yesterday called on all sides to respect the rule of law, especially when it comes to violence.

"We do not want to see any violence from any side as we want the country to be stable to support economic recovery. We do not want to see a situation like this to turn into an obstacle for economic progress," Supant said as chairman of JSCCIB.

Source: http://www.nationmultimedia.com/business/Drop-martial-law-use-Article-44-govt-told-30253339.html


-- The Nation 2015-02-04

Supant Mongkolsuthree was last seen being escorted to the attitude adjustment centre.

Only a couple of days ago the argument was ' we don't give a damn what's acceptable to the international community '.

I honestly don't see martial law affecting very much. Other than speaking out against the junta and public assembly there isn't any hint on the streets to show Thailand is in martial law now. So the only people complaining are the ones that need to he reigned in. To hell with what the rest of the world says. Thailand should do what they think is right for them. The last gov really screwed everything up as well as screwing their own people.

If they lift martial law them perhaps next they will find a loophole to cancel the Article 44.

I honestly don't see martial law affecting very much. Other than speaking out against the junta and public assembly there isn't any hint on the streets to show Thailand is in martial law now. So the only people complaining are the ones that need to he reigned in. To hell with what the rest of the world says. Thailand should do what they think is right for them. The last gov really screwed everything up as well as screwing their own people.

If they lift martial law them perhaps next they will find a loophole to cancel the Article 44.

Agree with your opening thoughts apart from the effect of Martial Law is in foreign governments ratings and warnings to their citizens that will have effect more so on tourist numbers into Thailand.

The big difference seems to be that Article 44 of the Interim Constitution does not include the Army and the greater power and control and to be honest "threat of Army action" under the Thai Martial Law Act that the Army has that will hold those that need to be reined in under control while reforms are undertaken. Article 44 relies heavily on non-Army systems and we could all see how well that went prior to the latest coup with unchecked killings, shootings and bombings as long as were against the political opposition or in Thai politicians understandings of democracies the destruction of your enemy.

I honestly don't see martial law affecting very much. Other than speaking out against the junta and public assembly there isn't any hint on the streets to show Thailand is in martial law now. So the only people complaining are the ones that need to he reigned in. To hell with what the rest of the world says. Thailand should do what they think is right for them. The last gov really screwed everything up as well as screwing their own people.

If they lift martial law them perhaps next they will find a loophole to cancel the Article 44.

As an American I fully agree. "To hell with what the rest of the world says. Thailand America should do what they think is right for them

Just to stay in check....you said it....not me

Article 44 in Thailand sounds like a tool used by Hitler and the Nazis to enforce national socialism, Nazism and its agenda. Also very similar to Augusto Pinochet in Argentina, Daniel Ortega in Nicaragua and many others

Doesn't Martial law invalidate most tourist insurance policies? Will the insurance policies be valid under article 44?

Doesn't Martial law invalidate most tourist insurance policies? Will the insurance policies be valid under article 44?

It is true that most tourist insurance policies are invalidated because of Martial Law. This would be enough to discourage a great portion of those booking holidays here. Good question about article 44.

Article 44 in Thailand sounds like a tool used by Hitler and the Nazis to enforce national socialism, Nazism and its agenda. Also very similar to Augusto Pinochet in Argentina, Daniel Ortega in Nicaragua and many others

Similar also to George Bush declaring a state of emergency and doing away with the constitution.

Socialism... "ace in the hole"

What really is the difference?

"..grants the junta unchecked power..": Really? So replace Martial Law with this article, which lets them do whatever they want with no legal framework, no constitution, no elected officials, etc? Whew. How can so many countries keep convincing their boards of directors to pour money into Thailand? It sure seems like a risky business proposition with coup after coup. Granted that is almost normal and the country has survived them all, but will that continue?

If it walks like a duck and quacks like a duck even though it may be disguised as a chicken, it is still a duck.

Understanding the situation in Thailand by foreigners (People out of Thailand) is not the same as Kowtowing to the Junta. Applying this article 44 will not help foreigner's perception of what is happening in the Kingdom. That will be just like Puting Lipstick on a Pig.

I honestly don't see martial law affecting very much. Other than speaking out against the junta and public assembly there isn't any hint on the streets to show Thailand is in martial law now. So the only people complaining are the ones that need to he reigned in. To hell with what the rest of the world says. Thailand should do what they think is right for them. The last gov really screwed everything up as well as screwing their own people.

If they lift martial law them perhaps next they will find a loophole to cancel the Article 44.

It's an odd thing to say -Thailand should do what they think is right for them- as it assumes the country moves on one unified thought. I know a lot of Thais who are strongly against the military for seizing power and strongly against martial law and the restrictions on freedom of speech but are too scared to speak out and know the consequences for stepping out of line.

Although you state that anyone complaining now 'needs to be reigned in' which is a weird way to look at the concept of free speech.

"lift martial law and replace it with Article 44, which grants the junta unchecked power."

Other than being a game of words - impossible.

How do you think martial law came about and continues to exist? It is a control tool of the Junta imposed through the authority given to itself through Article 44.

Article 44 empowers the NCPO leader to issue any order "for the sake of the reforms in any field, the promotion of love and harmony amongst the people in the nation, or the prevention, abatement or suppression of any act detrimental to national order or security, royal throne, national economy or public administration, whether the act occurs inside or outside the kingdom." The orders so issued are all deemed "lawful, constitutional and final."

Martial law and Article 44 are not mutually independent such that one could be replaced by the other. If martial law were rescinded, Article 44 still is in effect. If Article 44 were rescinded, there can be no martial law. Indeed, Article 44 gives the Junta unchecked power and it can impose any restrictions it chooses to exercise as a rule of law. So if the Junta were to rename "martial law" to something pleasing like "Junta Time-out," will Thais businesses be happy? Are we just talking about silly semantics?

If one is concerned about semantics, consider the more serious conflict that exists between Article 3 and Article 44. Article 3 provides that "Sovereign power belongs to all Thais." But Article 44 seems to override the Thai people's sovereign power. This issue was raised by former PM Abhisit who believed that Article 44 violates the intention of Article 3, "I hope the NCPO chief explains how is he going to exercise his power in accordance with Article 44 to create clarity and prevent conflicts and problems that may arise,''. The Junta reconciles the conflict simply by having the armed might to do what it wants without regard to the Thai people. The Junta can only hope that 65 million Thais don't take their sovereign power too seriously.