Article 44 should never been invoked

[webfact]

EDITORIAL

Article 44 should never been invoked

The Nation

 

The people’s will cowers again as General Prayut mulls using his ‘special powers’ to build an unnecessary dam

 

BANGKOK: -- Supporters of the post-coup government - and those who grudgingly regard it as being preferable to the brutality of street politics - view Article 44 of the interim constitution as a handy package of special powers for Prime Minister Prayut Chan-o-cha. By invoking it he can deal quickly and directly with problems as they arise, circumventing the bureaucracy and any established laws that might get in the way. 

Even admirers of Article 44 must surely see its drawbacks, however. This is absolute, unrestrained power concentrated in the hands of a single person. And, while we see no reason to suspect that General Prayutmight abuse that power to the detriment of the country as a whole, its very existence is cause for concern, and the possibility of its use backfiring is very real.

The Agriculture and Cooperatives Ministry has asked that Article 44 be invoked so that work can finally begin on the long-delayed Mae Wong Dam in Nakhon Sawan province. Opponents of the project say the dam's reservoir will swamp a large area of pristine forest in Mae Wong National Park - this at a time when woodlands cover just 30 per cent of the country's landmass. The government has been rightfully pushing for reforestation, and yet now appears ready to drown a huge forest. Public and academic opposition to the dam is firm, though, and hence the need for "special powers". 

Article 44 was included in the interim charter as another means of protecting the public good, but plans for the Mae Wong Dam have been shown from the start to be detrimental rather than beneficial. Environmentalists say that, because of its location, the dam will be of no use in easing our perennial water shortages. It would thus play no role in the sustainable development that Prayut so often promotes. Worse, the invocation of Article 44 for such a project would set a precedent for it being used to steam-roll other controversial development schemes. If Article 44 has to be used, its use must never become a matter of convenience. The powers it grants are referred to as "special" for good reason - for use only in extraordinary circumstances.

There was widespread public support when Article 44 was deployed to penalise former Information and Communication Technology minister Surapong Suebwonglee and, before that, a former deputy finance minister and other officials. Even then, however, long-established legislation could have done the job just as well. Had the authorities strictly enforced the law in the first place, we would not have had to summon any special powers.

Prayut has turned to Article 44 to confront a variety of issues, from lottery-ticket prices, sales quotas and brawling students to corruption in the corridors of power. Each time it has been effective, more or less, and each time it has demonstrated that the real problem lies in poor enforcement of existing laws. Article 44 has had no noticeable effect on our culture of corruption, in which the right amount of money can bend any law. 

Wielded at inappropriate times, as in the Mae Wong Dam case, Article 44 becomes a troublesome double-edged sword - one edge able to cut through the binding forces of democracy. It is at once powerful and dangerous, particular so when in the hands of just one man - a general who's never earned a popular mandate. Article 44 is best left unused on the shelf, posing a deterrent threat and nothing more.

 

Source: http://www.nationmultimedia.com/opinion/Article-44-should-never-been-invoked-30294671.html

 

-- © Copyright The Nation 2016-09-07

[The stuttering parrot]

Actually a very well written article however if the general didn't take power illegally in the first place article 44 and and this news item and this post wouldn't exist in the first place.

[cumgranosalum]

This government seems even more determined than its predecessors to bring about the extinction of the wild Tiger in the region.

 

Reduced to a few hundred the Huai Kha Khaeng reserve actually reported a possible slight increase in the tiger population this year after 30 years they are beginning to succeed.....yet the dam will directly damage the area in which the reserve is situated and destroy forest at a time when the government purports to be replanting.

 

since the 1980s it has repeatedly been shown that dam's disadvantages outweigh any claimed benefits.....yet there is a stubborn body that for one reason or another refuses to back down - one has to question the motivation behind those wanting to build here, whether it is "kreng jai", outdated science or just pure greed.....

 

using this draconian law in this area just seems to defy all common sense.

[waldroj]

"...The people’s will cowers again as General Prayut mulls using his ‘special powers’ to build an unnecessary dam..."

 

Discuss, debate, support or criticise Section 44 until you are blue in the face! But, since they usurped power, it is just one tool that has been used by Prayut, his cronies, and patrons to shape Thailand to be what THEY want.

 

They have never walked the talk (nor do they intend to), as their whole agenda has been about setting a framework to benefit a very select few (especially over the next few years) - NOT what the majority of the other 68 million Thai people may desire!

 

They continue to show their true colours by using their sledge-hammer tactics to drive through a raft of capital-works projects of questionable benefit without appropriate planning and consideration of long-term implications (and Public consultation).

 

If one needs confirmation of this, one need look no further than their insidious "Get-out-of-Jail-Free Card" - Section 48 of the Interim Constitution and its Amendments, and Section 279 of the "people's" Constitution.

 

Section 48 Constitution of the Kingdom of Thailand (Interim) 2014
All acts which have been done in relation to the seizure and control of the administration of State affairs on the 22nd Day of May B.E. 2557 (2014) of the Head of the National Council for Peace and Order and the National Council for Peace and Order, including all acts which have been done by any person in connection with the aforesaid acts, or by the person who has been entrusted or ordered by the Head of the National Council for Peace and Order or the National Council for Peace and Order, for the fulfilment of such purposes, regardless of their legislative, executive or judicial force, as well as any punishment and other acts performed in relation to the administration of State affairs and whether the actors of those act are principals, accessories, persons who employ another to commit those acts or the employed persons and whether those acts done before or after the date mentioned above, if the aforesaid acts were illegal, all related person shall be exempted from being offenders and shall be exempted from all liabilities.

 

Section 279 Constitution of the Kingdom of Thailand (Draft) 2016

All announcements, orders and acts, including the performance of the National Council for Peace and Order or of the Head of the National Council for Peace and Order already in force prior to the date of promulgation of this Constitution or will come into force in accordance with Section 265 Paragraph Two, irrespective of their constitutional, legislative, executive or judicial force, shall be considered constitutional and lawful and shall continue to be in force under this Constitution. Repeal or amendment of such any announcement or order shall be made by an Act, except in case of the announcements or orders of the exercise of executive power in nature, the repeal or amendment shall be made by an order of the Prime Minister or a resolution of the Council of Ministers, as the case may be.

All affairs, including the acts related thereto, as recognized by the Constitution of the Kingdom of Thailand (Interim) B.E. 2557, amended by the Constitution of the Kingdom of Thailand (Interim) B.E. 2557, Amendment (No. 1) B.E. 2558 and the Constitution of the Kingdom of Thailand (Interim) B.E. 2557, Amendment (No. 2) B.E. 2559, to be constitutional and lawful shall be considered constitutional and lawful.

[chrisinth]

What happens to actions invoked under section 44 when a properly democratically elected government regain control of the country?

 

You may laugh and criticize, but this will eventually happen at some point.........................

[Emster23]

What's the point of having absolute power if you don't abuse it?

[halloween]

2 hours ago, cumgranosalum said:

This government seems even more determined than its predecessors to bring about the extinction of the wild Tiger in the region.

 

Reduced to a few hundred the Huai Kha Khaeng reserve actually reported a possible slight increase in the tiger population this year after 30 years they are beginning to succeed.....yet the dam will directly damage the area in which the reserve is situated and destroy forest at a time when the government purports to be replanting.

 

since the 1980s it has repeatedly been shown that dam's disadvantages outweigh any claimed benefits.....yet there is a stubborn body that for one reason or another refuses to back down - one has to question the motivation behind those wanting to build here, whether it is "kreng jai", outdated science or just pure greed.....

 

using this draconian law in this area just seems to defy all common sense.

 

How will flooding of 2% of a 900 sq.km national park "bring about the extinction of the wild Tiger in the region"? Additionally, Huai Kha Khaeng covers 5,775 square kilometers, the dam will cover 18.

"since the 1980s it has repeatedly been shown that dam's disadvantages outweigh any claimed benefits.....yet" they keep on building them. I wonder why? Perhaps they don't read the same BS.

[mtls2005]

Martial Law-lite, tastes the same, sounds less 1950's-ish.

[hansnl]

50 minutes ago, chrisinth said:

What happens to actions invoked under section 44 when a properly democratically elected government regain control of the country?

 

You may laugh and criticize, but this will eventually happen at some point.........................

Yes, that will happen.

Probably, with a high degree of certainty, that lauded democratically elected parliament, not your democratically elected government, will form a government that will return to the well-known misuse of democracy for their own gain.

Democracy has been reduced nearly everywhere in the world to a periodical voting circus that gives only limited or none at all, power to the people.

And in most other cases to a tyrannical use of power by mostly a slight majority ignoring the well-being of a slight minority.

Sometimes another form of government might be better.

In most countries of the western world it would be.

 

[yellowboat]

Article 44 just showed an unsatisfactory mentality and how broken things are in Thailand. 

[mtls2005]

Article 44 seems like it is being used multiple times daily now.

 

Even with the NCPO, NLA, NRSA with absolute rule, they still need Article 44.

 

Pretty soon everything will have to be "Article 44-ed", then things will bog down again.

 

And voila, Article 88.

[micmichd]

1 hour ago, Emster23 said:

What's the point of having absolute power if you don't abuse it?

Absolute power can be used (not abused) to spend time on project evaluation rather than on bureaucratic processes. With a well-done evaluation taking into account the principle of sustainability this could be of advantage. 

Western governments use their power for project areas sometimes, the only difference is they get elected from time to time (4 years in Germany) Guess Eurocrats in the EU are worse than the NCPO, and people's rights are only fixed on papers when it takes 7 years for trial up to the Supreme Court. 

[cumgranosalum]

1 hour ago, halloween said:

 

How will flooding of 2% of a 900 sq.km national park "bring about the extinction of the wild Tiger in the region"? Additionally, Huai Kha Khaeng covers 5,775 square kilometers, the dam will cover 18.

"since the 1980s it has repeatedly been shown that dam's disadvantages outweigh any claimed benefits.....yet" they keep on building them. I wonder why? Perhaps they don't read the same BS.

I think it is clear you haven't a grasp of even the basics of the problem.

It is little to do with the actual acreage, it is the proximity.

Tigers require a specific environment in the jungle - lakes BTW are not good for the animals in this area. We are of course talking about the survival of an eco-system of which the tiger is the apex predator.

however it is the disruption and encroachment that are the real problems and the ensuing "holiday" development.

 

This is quite clearly out lined before by various bodies - I think if you spend a bit of time on google you will become aware of how serious a threat this dam is.

\

sd for the building of dams - if you look at WHO is building dams, where and why, you will see that those in charge tend to be undemocratic and uninformed - and calling plian science "BS" further demonstrates your lack of understanding of the topic.

 

If you want to get informed read the report by the IUCN from 2015....

 

The IUCN reported was recognised by the Thai government who also instigated the internationally endorsed Thailand Tiger Action Plan 2010-2022

The report concluded - “MWNP is part of a protected landscape of global importance, forms a buffer zone for a World Heritage Site, includes a habitat type of great ecological value that has been mostly eradicated elsewhere in SE Asia, and is home to a globally-significant and recovering population of tigers in addition to a number of other globally threatened species. “

 

As the government has already signed up to this any dam would be in direct contradiction to their previous commitments

Edited September 7, 2016 by cumgranosalum

[williamgeorgeallen]

if you are going to be a military dictator then you must have absolute power. not that i am saying the general is a military dictator (dont think i am allowed to) i was all for the use of article 44 on the lottery ticket thing (because i dont play the lottery as i suspect it is corrupt and probably only pays back a small fraction of the ticket income)  on anything else i think open debate on the cost/benefits of projects should be used to determine if they should go ahead.

[chrisinth]

57 minutes ago, hansnl said:

Yes, that will happen.

Probably, with a high degree of certainty, that lauded democratically elected parliament, not your democratically elected government, will form a government that will return to the well-known misuse of democracy for their own gain.

Democracy has been reduced nearly everywhere in the world to a periodical voting circus that gives only limited or none at all, power to the people.

And in most other cases to a tyrannical use of power by mostly a slight majority ignoring the well-being of a slight minority.

Sometimes another form of government might be better.

In most countries of the western world it would be.

 

 

Yep, can't argue with that.....................

[cumgranosalum]

i guess for those who don't gettit this title pretty much explains it in a nutshell.....

 

A new IUCN report suggests that the construction of a dam within Mae Wong National Park may negatively impact both the integrity and 'Outstanding Universal Value' of the Thungyai-Huai Kha Khaeng Wildlife Sanctuaries, Thailand’s first Natural World Heritage Site. Habitat destruction and increased poaching in Mae Wong National Park related to dam construction would be likely eventually to 'spill over' into the World Heritage property, impacting its Outstanding Universal Value.

 

mae Wong fiasco.

[cumgranosalum]

Seem to be mixed reports on this .... from the Nation...

 

"Agriculture and Cooperatives Minister General Chatchai Sarikulya Tuesday dismissed a previous report that he planned to invoke special powers under Article 44 of the interim charter to commence construction of the controversial Mae Wong dam in Nakhon Sawan province.

Chatchai said that the idea was proposed by some villagers who want to get water supply and the officials just took into consideration as per their duties."

 

Natthapat Phromkaew
The Nation September 6, 2016 5:35 pm

 

 

[heybruce]

1 hour ago, hansnl said:

Yes, that will happen.

Probably, with a high degree of certainty, that lauded democratically elected parliament, not your democratically elected government, will form a government that will return to the well-known misuse of democracy for their own gain.

Democracy has been reduced nearly everywhere in the world to a periodical voting circus that gives only limited or none at all, power to the people.

And in most other cases to a tyrannical use of power by mostly a slight majority ignoring the well-being of a slight minority.

Sometimes another form of government might be better.

In most countries of the western world it would be.

 

Care to identify "another form of government" that you think might be better.

 

If you look at nations that have experienced military rule (Central and South America have several) you will find that no matter how dysfunctional their democracy, they don't want to go back to military rule.

[micmichd]

Yes, but NCPO is not designed to stay forever. Thailand is still a Constitutional Monarchy.

[seajae]

as was pointed out in the article the main reason it has been used is because the laws are not being enforced properly making the pm have to use force. Maybe if the police and govt officials actually did their jobs and abided by the law they wouldnt have to be brought out at all. Trouble is no govt people want to do their jobs fully, they are too interested in the benefits they can gain by not doing them, the dam is being pushed by those that are going to make extra benefits from it being built, they really need to show the scientific evidence that it is the right thing to do.  Maybe article 44 can be used to lock up any govt officials found to be not doing their jobs properly and taking "gifts" on the side  for their own benefit instead of the countries, also any police found not to be enforcing the thai laws, that would remove the greater majority of both though.

[Kasset Tak]

Hmm, Thailand needs more dams to be able to secure water for agricultural and consumption when there are droughts but there is also a need for more dams to help prevent/minimize floods but no one want the dams on their land or in their back yards. 

So all you who are complaining that they will build a new dam please don't complain in the future if your house get flooded or there is no tap water!

And all that complain that it will affect the wild life, please go in to the jungle and visit the cats. That way you can kill two birds with one stone... Feeding the cats and overpopulation.

[tbthailand]

10 hours ago, The stuttering parrot said:

Actually a very well written article however if the general didn't take power illegally in the first place article 44 and and this news item and this post wouldn't exist in the first place.

I agree that A 44 should not exist in the first place, but I don't agree with your opinion on the article. I find it to be a soppy, over-the-top apologetic piece of drivel, ... take for example, ...

 

The Nation carries on with the myth, ... 

 

11 hours ago, webfact said:

Supporters of the post-coup government - and those who grudgingly regard it as being preferable to the brutality of street politics

 

ignoring the fact that the street politics was designed to invoke the "post-coup" government, ...

 

Or this laughable display of boot-polishing for the general, 

 

11 hours ago, webfact said:

This is absolute, unrestrained power concentrated in the hands of a single person. And, while we see no reason to suspect that General Prayut might abuse that power to the detriment of the country as a whole

 

And at the end it add this piece of fawning and pandering in which The Nation pretends that the General has actually done something useful with A 44 - it is enough to make you 

 

11 hours ago, webfact said:

Prayut has turned to Article 44 to confront a variety of issues, from lottery-ticket prices, sales quotas and brawling students to corruption in the corridors of power. Each time it has been effective ... 

 

 

IMHO... 

[Rod Gold]

Help, run for your lives, Article 44 is running the country!

[lvr181]

All the people will be satisfied some of the time and some of the people will be satisfied all of the time BUT never will all the people be satisfied all of the time! And that includes TV Forum readers.

 

That's life, get over it, nothing is perfect. No form of Government is perfect either. The trick is to find the best fit for the people and the country at the time.

 

And always remember, a good decision on time is better than a brilliant solution, to late. 

 

E&OE

Edited September 7, 2016 by lvr181
Small addition

[cumgranosalum]

15 hours ago, Kasset Tak said:

Hmm, Thailand needs more dams to be able to secure water for agricultural and consumption when there are droughts but there is also a need for more dams to help prevent/minimize floods but no one want the dams on their land or in their back yards. 

So all you who are complaining that they will build a new dam please don't complain in the future if your house get flooded or there is no tap water!

And all that complain that it will affect the wild life, please go in to the jungle and visit the cats. That way you can kill two birds with one stone... Feeding the cats and overpopulation.

"Thailand needs more dams to be able to secure water for agricultural and consumption when there are droughts but there is also a need for more dams to help prevent/minimise floods" - not necessarily - it actually needs to manage the existing water better - there is no evidence to suggest that the proposed dam is effective in either flood control or agricultural water supply........in fact it is too small for either.

 

"And all that complain that it will affect the wild life, please go in to the jungle and visit the cats. That way you can kill two birds with one stone... Feeding the cats and overpopulation." - 
I think this sums up you appreciation of the situation - you apparently have none

[cumgranosalum]

This video shows why we DON"T always need dams and the benefits of removing one.....

 

Nat Geo - removing a dam

Edited September 16, 2016 by cumgranosalum