Fear of international backlash on Article 44

[webfact]

Fear of international backlash on Article 44
The Nation

Concern about foreign reaction spurs govt to explain its move to diplomats in Bangkok

BANGKOK: -- After Article 44 came under international fire, the government will tomorrow try to create a better understanding among foreign diplomats of Thailand's promotion of democracy and human rights.

Deputy Prime Minister Wissanu Krea-ngam said yesterday he would join the Foreign Ministry-led briefing of envoys.

The government's move to replace martial law with Article 44 of the interim charter drew a strong reaction and rebuke from the international community, led by the United States and the United Nations, over Prime Minister General Prayut Chan-o-cha's apparent "unlimited" power under the article.

Wissanu said during a conference at Thammasat University's Institute of East Asian Studies that the article could not be directly used to harm an individual, as widely misunderstood.

"Foreigners may perceive [it] differently from Thais as they're looking at it from another perspective," he said.

Although Article 44 has been criticised as handing too much power to the chief of the National Council for Peace and Order (NCPO), Wissanu said, Thais had experience with this kind of draconian law over several episodes, although the younger generation was not familiar with it.

Analysts say Article 44 is similar to Article 17 enforced during Field Marshal Sarit Thanarat's dictatorial regime from the late 1950s to the early 1960s.

Article 44 may surprise foreigners because they have never seen this kind of law before, especially when they see that it is applied to different issues, he said.

"Article 44, however, cannot be applied to harm anybody until it is used," Wissanu said.

"If we compare Article 44 to a sword, it's like keeping it in its scabbard and wielding it only when necessary," he said.

'MoU to reconcile conflicting parties'

This measure was employed earlier this year to extend the term of local administrators to remain in office until the new election is held under the new constitution, he said.

This is the second time since January that the article has been invoked to facilitate the transition from martial law to Article 44, he said.

Its impact still remains to be seen on a case-by-case basis as to whether it is legitimate or not, he said.

The idea of Worachai Hema, former Pheu Thai MP from Samut Prakan, of having opposing parties sign a memorandum of understanding to help solve the political conflict had some merit.

"Personally, I see it as a good proposal, but it would depend on the decision of the security agencies," he said.

There would need to be the consent of the security agencies, general public and signatories to figure out the outcome, he said.

"Otherwise, people might understand that they are cutting a deal for their own benefit," he said.

As for tomorrow's meeting with representatives from foreign missions and international organisations, it would be the responsibility of the NCPO and the Foreign Ministry to explain the content and the situation.

"The NCPO's Order of 3/2015 (concerning the use of Article 44) was issued by the NCPO's chief, not by the Cabinet, so the NCPO will be the institution [directly] in charge," he said.

However, he was ready to answer all questions that the envoys would have, he said.

Deputy government spokesman Sansern Kaewkumnerd reiterated that Suan Dusit Poll's survey of public confidence vis-a-vis the use of Article 44 showed that 51 per cent of the public was comfortable with the law.

The NCPO has insisted that the application of Article 44 would be realised in a constructive manner, aimed at addressing problems related to security and the bureaucracy.

Despite all the explanations made by the Thai government, the international community remains highly sceptical.

Last week, after the government decided to replace martial law with Article 44, many Western states and international agencies, including the United States, the European Union, the United Nations and Amnesty International expressed deep concern and asked for a swift return to democracy.

Source: http://www.nationmultimedia.com/politics/Fear-of-international-backlash-on-Article-44-30257483.html


-- The Nation 2015-04-06

[NongKhaiKid]

Art 44 cannot be applied to harm anybody until it is used ? Clear so far ?

So when it is used anything goes ?

[ukrules]

Personally I don't fear any international backlash, maybe that's just me though.

[thesetat2013]

The Thais have yet to grasp that perception is reality! So what the other gov perceive is what will be believed.

This article 44 so they say, can't be applied to harm anyone until it is used is about the dumbest comment I ever heard. It is being used and applied the minute they enacted it and the news everyday since has spread word of how it will be used. What about the uses that are not being printed to the public? Nobody really knows the extent of it because the news is controlled as well.

[kaiyaibob]

"If we compare Article 44 to a sword, it's like keeping it in its scabbard and wielding it only when necessary," he said.

Great analogy then what??? we will chop your head off

[Chang_paarp]

I thought we were told the external governments would understand. So the powers that be have realised that non-Thai governments and people read what is written in the constitution and laws and then base their opinions on that rather than the facile words they are fed. I appreciate the is very unThai but it is how the real world works. The sudden rush to explain will get the same junior diplomats nodding their heads going "ah ha" in the appropriate pauses in the lecture.

[chooka]

Art 44 cannot be applied to harm anybody until it is used ? Clear so far ?

So when it is used anything goes ?

when they granted themselves amnesty, nothing that they do whilst in power can be deemed ilegal. Prayuth and his little group answer not even to god.

[Somtamnication]

"Foreigners may perceive [it] differently from Thais as they're looking at it from another perspective,".

<snip>

Edited April 6, 2015 by Jai Dee
offensive comment removed

[chooka]

I thought we were told the external governments would understand. So the powers that be have realised that non-Thai governments and people read what is written in the constitution and laws and then base their opinions on that rather than the facile words they are fed. I appreciate the is very unThai but it is how the real world works. The sudden rush to explain will get the same junior diplomats nodding their heads going "ah ha" in the appropriate pauses in the lecture.

If you recall his comments to the Australian ABC journalist he said "I know everything" I guess Uncle Too doesn't know as much as he thinks, to wound up in his own self importance. I bet his house is built from mirrors.

[NongKhaiKid]

Art 44 cannot be applied to harm anybody until it is used ? Clear so far ?

So when it is used anything goes ?

when they granted themselves amnesty, nothing that they do whilst in power can be deemed ilegal. Prayuth and his little group answer not even to god.

Do you think he might ban all religions for it is written " thou shall worship no other god but me for I am a jealous god and I have Art 44 too "

" Thou shall not worship graven images except pictures of me in my fetching Bt 2,000 suit ".

Edited April 6, 2015 by NongKhaiKid

[clockman]

It is just Thainess, Farang not understand!

[Your Thainess]

"create a better understanding"

This is done with actions, not words. What a patronizing comment, made all the more comical by the high likelihood that foreign diplomats know exactly what is going on, perhaps better than most Thais themselves.

[alant]

"many Western states and international agencies, including the United States, the European Union, the United Nations and Amnesty International expressed deep concern and asked for a swift return to democracy."

Blimey, I bet the General is quaking in his boots...

[NongKhaiKid]

"create a better understanding"

This is done with actions, not words. What a patronizing comment, made all the more comical by the high likelihood that foreign diplomats know exactly what is going on, perhaps better than most Thais themselves.

I wonder what the diplomatic cables back to the various foreign ministry's etc read like these days ?

[NongKhaiKid]

"many Western states and international agencies, including the United States, the European Union, the United Nations and Amnesty International expressed deep concern and asked for a swift return to democracy."

Blimey, I bet the General is quaking in his boots...

He won't be worried as they are all part of that big myth known as the rest of the world.

[arrowsdawdle]

"If we compare Article 44 to a sword, it's like keeping it in its scabbard and wielding it only when necessary," he said.

Great analogy then what??? we will chop your head off

The operative term is 'when necessary' because there is no oversight, purely one little man's whim at work.

[chooka]

"create a better understanding"

This is done with actions, not words. What a patronizing comment, made all the more comical by the high likelihood that foreign diplomats know exactly what is going on, perhaps better than most Thais themselves.

I wonder what the diplomatic cables back to the various foreign ministry's etc read like these days ?

The foreign governments are smarter than your average thai, won't soak up is propaganda rubbish he will try and feed to them and they can report anything they like without fear of execution by the junta. Thais just have to accept what they are fed and keep thier mouths shut out of fear. Prayuth tried programming diplomats about martial law and it didn't work, he is not going to convince them that this more powerful and dangerous law is better.

[oneday]

The more they try to explain, the deeper they dig the hole.

[chainarong]

There will be a subtle backlash, not one that is noticed by the expats of Thai or Thai peasants , only felt at the higher end of town, the international community has had plenty of experience with these sort of article 44 from unreasonable people, going back to Richard the 2nd and this just another day, cutbacks will probably occur like, invitations, military co-operation , security exchange of info, visa issues, banking international , anything that helps the people will most likely be excluded, like funding , medicine, refugee etc..

[BSJ]

As an ex-military man the PM must be really disappointed the international community is marching out of step on this issue. Maybe he will get them to march the Thai way.

[Lupatria]

Art 44 cannot be applied to harm anybody until it is used ? Clear so far ?

So when it is used anything goes ?

Congrats! You just mastered the class of “Understanding Thai Logic”. Now go to the 2^nd floor and get your teachers license.

[arrowsdawdle]

"create a better understanding"

This is done with actions, not words. What a patronizing comment, made all the more comical by the high likelihood that foreign diplomats know exactly what is going on, perhaps better than most Thais themselves.

I wonder what the diplomatic cables back to the various foreign ministry's etc read like these days ?

Napoleon has put himself fully accountable personally for any and all violations of international standards, to wit., human trafficking, wildlife poaching, human rights infringements, denial of free speech, media censorship, attitude adjustments, etc., and with the martial law prohibition against right to assemble lifted it is an opportune time for the electorate majority being suppressed to congregate nonviolently in number. It would demonstrate to the world that Thai no longer means freedom while one man dictates Siam's future and would force a reaction to mitigate the loss of face that would justify outside intervention.

[Srikcir]

"Article 44, however, cannot be applied to harm anybody until it is used,"

Torture cannot be applied to harm anybody UNTIL IT IS USED.

Execution cannot be applied to harm anybody UNTIL IT IS USED.

Thank you for the clarification!

Has the Junta now become a terrorist organization as well as a conquering army? I must congradulate the 60 million Thai people for their calm in the face of their complete subjugation by an elite organization.

[arrowsdawdle]

"create a better understanding"

This is done with actions, not words. What a patronizing comment, made all the more comical by the high likelihood that foreign diplomats know exactly what is going on, perhaps better than most Thais themselves.

I wonder what the diplomatic cables back to the various foreign ministry's etc read like these days ?

The foreign governments are smarter than your average thai, won't soak up is propaganda rubbish he will try and feed to them and they can report anything they like without fear of execution by the junta. Thais just have to accept what they are fed and keep thier mouths shut out of fear. Prayuth tried programming diplomats about martial law and it didn't work, he is not going to convince them that this more powerful and dangerous law is better.

Of course not, because he is a little general in a little country and even big generals in big countries take orders from the elected representatives of those big countries. Why would anybody give credibility to a little general holding a little country hostage?

[Lupatria]

I looked around the Tee-shirt vendors. However, I could not find an updated version with a new portrait designed for the local market yet.

[arrowsdawdle]

I thought we were told the external governments would understand. So the powers that be have realised that non-Thai governments and people read what is written in the constitution and laws and then base their opinions on that rather than the facile words they are fed. I appreciate the is very unThai but it is how the real world works. The sudden rush to explain will get the same junior diplomats nodding their heads going "ah ha" in the appropriate pauses in the lecture.

If you recall his comments to the Australian ABC journalist he said "I know everything" I guess Uncle Too doesn't know as much as he thinks, to wound up in his own self importance. I bet his house is built from mirrors.

Could be, judging by all the smoke.

[Lovekorat]

So just to clarify.

We are now living in a police state with different colour uniforms. Yes?

[JOC]

"Foreigners may perceive [it] differently from Thais as they're looking at it from another perspective," he said.

So they are going to polish the turd, and present it to the international community as "The Golden Thai Turd"

Edited April 6, 2015 by JOC

[DM07]

"many Western states and international agencies, including the United States, the European Union, the United Nations and Amnesty International expressed deep concern and asked for a swift return to democracy."

Blimey, I bet the General is quaking in his boots...

Obviously enough, to feel the need and come up with some seriously stupid explanations...

[DM07]

If only the Thai- people would understand, how ridiculous all this is....