Thai politics: Beware of those who see the need for Article 44

[webfact]

BURNING ISSUE
Beware of those who see the need for Article 44
PRAVIT ROJANAPHRUK

BANGKOK: -- THE IRONY of the current political situation is that while the junta-appointed chairman of the Constitution Drafting Committee, Borwornsak Uwanno, is busy promoting the new charter and its numerous built-in checks and balances, junta leader and Prime Minister General Prayut Chan-o-cha is seriously considering anointing himself with unchecked absolute power under Article 44 of the provisional charter.

In a sane world, if one cannot solve a problem, one at least tries to mitigate the condition that causes the problem or at the very least not make it worse.

For many months now, Thais who cherish civic rights and democracy have been calling for the lifting of martial law because it violates basic rights and has paved the way for searches, arrests and detentions without charge for up to seven days, allegations of torture and the use of military courts against civilians.

Prayut's world seems to operate differently as he is reported to be seriously considering replacing martial law with an even more martial "law".

Article 44 of the junta's provisional charter basically gives absolute power to the head of the National Council for Peace and Order (NCPO), which is Prayut. He can override the three branches of power - the executive, which Prayut already heads, the legislative, the members of which Prayut appointed, and the judiciary.

Article 44 essentially means Prayut is the law. He can order the detention of anyone without charge, without having to put the person on trial and for as long as he desires.

He can even order you or me to be summarily executed as Field Marshal Sarit Thanarat did with a similar law back in the 1960s. It needs to be added that the junta leader can also insist on staying on in absolute power indefinitely. One might as well forget the relevance of Borwornsak and the new junta-sponsored charter.

Article 44 of the junta's provisional charter basically reduces citizens, with the right to choose its political representatives, into subjects of Prayut's autocratic rule. It would fundamentally deprive us of our rights as citizens and alter our "relationship" with the junta leader.

There are many Thais who are calling for Prayut to exercise this absolute power to deal with security issues, to maintain the facade of peace and reconciliation. Their "rationale" goes like this: Prayut is a good man facing evil so he needs absolute power to deal with the situation.

Supporters of autocratic power say if you have no intention of breaking the law or disobeying Prayut, then you have absolutely nothing to worry about. Only bad people are afraid or against absolute power, many of those who favour the implementation of Article 44 have insisted on Facebook and Twitter.

These people apparently are willing to forfeit their rights as citizens in order to become tenants, with the landlord assuming absolute authority over their lives. It's the yearning for ersatz law and order at all cost. It's the confusion over the rule of law and the rule by law that drives them.

They merely want someone whom they believed to be good and honest to rule the country. They apparently don't mind if they end up more like serfs than citizens.

While Prayut's apparent desire for absolute power is very worrying, it's the blind supporters of the use of unchecked absolute power who are even more worrying. Some of them are much younger than Prayut and once Prayut is long gone, they will continue to yearn for autocrats.

Source: http://www.nationmultimedia.com/politics/Beware-of-those-who-see-the-need-for-Article-44-30257097.html


-- The Nation 2015-03-31

[chooka]

Extremely dangerous in the hands of this man who has already publically stated that he will probably execute those who don't play his game. He has definately failed the psych test already to have such ultimate power where he answers to no one.

Who would hand a person a gun who said he will probably kill someone he doesn't like?

[LannaGuy]

slip, slip, sliding away that is the Thailand democracy way

[Oziex1]

All for the support of the arrogant elite who pull the strings from the shadows.

How sad it is to see a country ruled by those with no interest in moving their nation forward.

[NongKhaiKid]

Beware of those who see the need for Article 44 but who are they ?

The committee drafting the new constitution who probably did not come up with 44 of their own volition ? Rather,

Those who pushed / instructed that such a draconian provision be included. plus of course

Anyone seeking to have it enacted and will likely make sure it is.

Forget all the assurances that it will be used constructively, this provision has been carefully thought out and will be used.

Unfortunately there's no checks and balances and it's all down to the whim of one man.

[bkkgooner]

All for the support of the arrogant elite who pull the strings from the shadows.

How sad it is to see a country ruled by those with no interest in moving their nation forward.

Unfortunately the people that pull the strings have lived in a bubble of wealth all of their lives and don't have the slightest notion of the poverty that exists amongst the working class in Thailand and that is why they are so surprised when someone like Thaksin is so popular.

[BudRight]

Article 44 should definitely be 86'd.

[Commerce]

Article 44 should definitely be 86'd.

?

[EnglishJohn]

Anyone who has watched developments since the coup and thinks Prayuth wants to rule with absolute power or have anyone executed is insane.

All of this mess is because of one single problem. As soon as they think they can get away with it, certain people (and we all know who they are) will put terrorists on the streets to cause unrest.

This is what the general is afraid of. He knows they have stockpiled weapons and are just waiting for the order and the cash to hand them out to the usual low-life who will put grenades into crowds for 2,000 baht. However these cowards won't do it if they think they might get caught.

I'm sure he is open to any alternatives to solve this problem should the critics have any.

[brucec64]

Anyone who has watched developments since the coup and thinks Prayuth wants to rule with absolute power or have anyone executed is insane.

All of this mess is because of one single problem. As soon as they think they can get away with it, certain people (and we all know who they are) will put terrorists on the streets to cause unrest.

This is what the general is afraid of. He knows they have stockpiled weapons and are just waiting for the order and the cash to hand them out to the usual low-life who will put grenades into crowds for 2,000 baht. However these cowards won't do it if they think they might get caught.

I'm sure he is open to any alternatives to solve this problem should the critics have any.

And who says propoganda is not effective?

[toybits]

"So this is how liberty dies... with thunderous applause." ―Padmé Amidala,

[Ned]

And it's hard to see any challenge to him. Some other major major events likely in the not too distant future too. Looking bleak indeed is the LOS.

[Srikcir]

Finally after 10 months of being Thailand's ruler, Prayut reveals himself as a champion of the oligarchy. He longs for a return to a feudal Thailand with an absolute ruler who is venerated, obeyed, and feared. It is a role he relunctanly accepts, as he confers that role unto himself.

Hopefully with exercise of Article 44, Prayut will at least cease his pronouncements about following any roadmap to democracy. He is not bringing democracy of ANY sort to Thailand. An absolute ruler doesn't need to disguise his power for the sake of public relations. I am sure his subjects will appreciate such objectivity and put aside that foolishness called "democracy" out of their lives for the better good of the oligarchy.

[lildragon]

Fascism alive and well in Thailand. And some morons here are supporting this. 'Ohh But it doesn't affect me guv'na!". They screws have already Been tightened on visas and For Thais their freedom of speech. Our way or the unaccountable military court way. Some Of you seriously Have your heads a few feet down in the sand!

[jerojero]

Power corrupts. We're seeing it manifest itself right before our very eyes.

[metisdead]

Posts and replies in violation of the NOTICE TO MEMBERS POSTING IN THAILAND NEWS have been removed.

[maidee]

all with the agreement of nr 1 in thailand ?

[Just1Voice]

I see a bad moon rising.
I see trouble on the way.
I see earthquakes and lightnin'.
I see bad times today.

Don't go around tonight,
Well it's bound to take your life,
There's a bad moon on the rise.

I hear hurricanes a blowing.
I know the end is coming soon.
I fear rivers over flowing.
I hear the voice of rage and ruin.

Well don't go around tonight,
Well it's bound to take your life,
There's a bad moon on the rise.

Hope you got your things together.
Hope you are quite prepared to die.
Looks like we're in for nasty weather.
One eye is taken for an eye.

Well don't go around tonight,
Well it's bound to take your life,
There's a bad moon on the rise.

Don't come around tonight,
Well it's bound to take your life,
There's a bad moon on the rise.

Creedence Clearwater Revival had it right back in l969.

[diehard60]

Well so much for ASEAN.

[hiller]

Anyone who has watched developments since the coup and thinks Prayuth wants to rule with absolute power or have anyone executed is insane.

All of this mess is because of one single problem. As soon as they think they can get away with it, certain people (and we all know who they are) will put terrorists on the streets to cause unrest.

This is what the general is afraid of. He knows they have stockpiled weapons and are just waiting for the order and the cash to hand them out to the usual low-life who will put grenades into crowds for 2,000 baht. However these cowards won't do it if they think they might get caught.

I'm sure he is open to any alternatives to solve this problem should the critics have any.

You are so very, very smart that it is frightening.

[mango66]

Thai people need a system like it was in the history in several countries,

Germany, Russia, N Korea, .........................

[mango66]

Anyone who has watched developments since the coup and thinks Prayuth wants to rule with absolute power or have anyone executed is insane.

All of this mess is because of one single problem. As soon as they think they can get away with it, certain people (and we all know who they are) will put terrorists on the streets to cause unrest.

This is what the general is afraid of. He knows they have stockpiled weapons and are just waiting for the order and the cash to hand them out to the usual low-life who will put grenades into crowds for 2,000 baht. However these cowards won't do it if they think they might get caught.

I'm sure he is open to any alternatives to solve this problem should the critics have any.

I think to bring Thailand back to some normal live would be:

Keep martial low and gen prayouth active for the next year-

or rub out this clan- based in Dubay !! all rootes of them !!

[wwest5829]

Before adding too many years on to my life, I liked to think I knew a few answers, now I am no longer sure of the questions to ask to seek answers. IMHO, I do not think the Thais are different from sheeple all over the globe. They want to live in peace, provide for their families and basically be left alone. Some, including in my own home country would argue for participatory democracy. I do not disagree with the ideal but....now I reflect on my home country and cannot say we are really different. Most folks want to be left alone, their interests do not raise to the level of taking action and so, those who do take action or have the money to influence the sheeple continue to make progress. I do have to shake my head at remembering that at the height of the Aamerican Revolution, it was an organized minority, perhaps one-third of the populace, who wanted revolution and a break with England.

[ourmanflint]

Anyone who has watched developments since the coup and thinks Prayuth wants to rule with absolute power or have anyone executed is insane.

All of this mess is because of one single problem. As soon as they think they can get away with it, certain people (and we all know who they are) will put terrorists on the streets to cause unrest.

This is what the general is afraid of. He knows they have stockpiled weapons and are just waiting for the order and the cash to hand them out to the usual low-life who will put grenades into crowds for 2,000 baht. However these cowards won't do it if they think they might get caught.

I'm sure he is open to any alternatives to solve this problem should the critics have any.

Well I agree with you, and I can only say the bar stool philosophers who see the end of days, will be eagerly waiting for the first use of this law so they can all be proven how very clever they are in telling us this would happen.

[halloween]

Anyone who has watched developments since the coup and thinks Prayuth wants to rule with absolute power or have anyone executed is insane.

All of this mess is because of one single problem. As soon as they think they can get away with it, certain people (and we all know who they are) will put terrorists on the streets to cause unrest.

This is what the general is afraid of. He knows they have stockpiled weapons and are just waiting for the order and the cash to hand them out to the usual low-life who will put grenades into crowds for 2,000 baht. However these cowards won't do it if they think they might get caught.

I'm sure he is open to any alternatives to solve this problem should the critics have any.

And who says propoganda is not effective?

When you see otherwise educated people believing Thaksin is a benevolent champion of the poor, you HAVE to know how effective it is.

[aaacorp]

But where are the Prayout fan boys???

[Chris Lawrence]

There's a few on this board who cannot solve problems and want Article 44 in their world.

"Thais who cherish civic rights and democracy have been calling for the lifting of martial law because it violates basic rights and has paved the way for searches, arrests and detentions without charge for up to seven days, allegations of torture and the use of military courts against civilians."

I would have said an election would be more of a cherish? I said before this is going to end in tears.

[heybruce]

A very good article. I hope the author isn't shot.

[NickJ]

I heard they are going to go after all the properties based on false companys.....ie homes with us living in them....What is going on is they appear to be creating a new dept for this...compensation is to be based on original raw land cost.

[DM07]

Fascism alive and well in Thailand. And some morons here are supporting this. 'Ohh But it doesn't affect me guv'na!". They screws have already Been tightened on visas and For Thais their freedom of speech. Our way or the unaccountable military court way. Some Of you seriously Have your heads a few feet down in the sand!

Interesting!

I never heard anyone call that part of the anatomy "sand"...