The Council For National Security Coup White Paper

[Jai Dee]

CNS coup white paper

Facts about Thailand's administrative reform on September 19, 2006

Introduction

After democracy was introduced in Thailand more than 70 years ago, Thai people have since learned and understood more and more about the meaning and principles of the democratic system. Sometimes they had to learn painful costly lessons but those lessons have eventually led to real development of democracy in term of its essence, not only its form. In the past, economic and political powers in Thailand had influence on each other and those who already possessed economic power often found ways to gain political power as well. On the other hand, some who had political power sometimes set policies to economically benefit their allies without considering public interest first. Many times, general elections merely served as a tool for those with economic power to sustain their political power by citing the votes that they won by either abusing political influence or bribing. It was like what King Rama VI once said that "One with a bigger fist has the advantage".

Distorting democratic principles and lacking good governance, politicians who won power through dishonest electoral process often caused division among various sectors and they did not care to heal the rift, thus leading to growing disunity and potential confrontation among the people. This "Divide and Rule" strategy adversely affected the country's key institutions and was seriously detrimental to the democratic regime.

To achieve true essence of democracy and heal all those ills, intervention and reform are unavoidable in a form of "political and administrative reform". Although many in the international community and in Thailand may view the action as a "step backward", many others say it is better to "sacrifice an organ to save life". Once the reform gets started, it will be directed towards development of democracy under constitutional monarchy with both form and essence that sustain good social values and the people's well-being.

Main events leading to the reform

In the past five years, the government readily came under public scrutiny for trying to monopolise power and harbouring corruption by interfering in the administration of independent organisations, government agencies and state enterprises and intimidating the mass media. Major cases of suspected wrongdoing are:

Corruption and conflict of interests

- Transformation of mobile phone concession fee to excise tax

- Giving investment incentive to satellite business

- Suvarnabhumi Airport construction and purchase of CTX bomb scanners

- Airport link rail transit system

- State enterprise privatisation

- Public TV intervention

Abuse of power

- Appointments of relatives and close aides to senior government posts

- Budget processing without Parliament's approval

- Abusing international trade negotiations for personal benefit (Exim Bank loaning programme)

- Abusing legal power to investigate assets of government opponents

Government leaders' ethical and moral offences

- Selling satellite and TV concessions to foreign countries

- Trading of stocks among family members without paying tax

Intervention in constitutional investigation system

- Influencing the Senate's appointments of independent organisations' members

- Intervention in the appointments of the Election Commission members, Constitution Court judges, members of the National Counter Corruption Commission and the Auditor General

Right violations as a result of wrong policy implementation

- Extrajudicial killings of many drug suspects

- Failure to solve violence in the deep South

Public disunity and confrontation

- Blocking access to information by those wanting to investigate the government and the prime minister

- Setting up supporters' groups to confront government opponents

Attempted solutions under democratic system

- Peaceful anti-government rallies

- Solutions proposed by respected figures

- Courts' roles (Constitution Court's invalidation of the April 2, 2006 election date and the Criminal Court's ruling that held the Election Commission guilty of malfeasance by approving such an election date)

- His Majesty the King's speech to Supreme Administrative Court and Supreme Court judges on April 25, 2006

Political situation before September 19, 2006

The sights of tanks stationed in central Bangkok and the city's outskirts may look like something critically unusual but for Thai people, they have seen many bad things that suggested possible violent confrontation among themselves before. Superficially, the results of the last election may have reflected people's trust for the government to continue with its second term but voices of disapproval became loud and clear in September 2006. Favouritism and nepotism in the government appeared to know no end while independent organisations under the Constitution became too weak to effectively keep corruption in check. Earlier, opinion polls show declining popularity of the government while protests spread in Bangkok and through the provinces, leading to the House dissolution in February 2006. Violent ways in the government's tackling of unrest in southern border provinces and of drug trafficking were a mistake that ruined the country's image. Public faith in the top government leader also continually fell as he faced growing allegations of abusing power to harvests interest for himself and family members.

The coup on September 19 and the situation one month later

In the evening of September 19, 2006, people commuting on the streets saw unusual things like movement of troops and tanks deployed at government offices such as Government House, the Royal Plaza and other agencies along Rajdamnoen Avenue. Many waved to the soldiers as they passed by intersections and tanks while the troops smiled or waved back. The unusual time became more obvious as TV stations replaced their regular evening programmes with taped activities of the King and patriotic songs.

TV stations began broadcasting announcements and orders of the Council for Democratic Reform under Constitutional Monarchy at 9 pm. The council declared a power seizure and abrogation of the 1997 Constitution as well as the Senate, the House of Representatives, the Cabinet and the Constitution Court. Martial Law was declared and all Armed Forces personnel and government officials were ordered to report to their units. Heads of government agencies were ordered to report to representatives of the military council while grassroots workers and farmers were asked not to stage protests. Political parties were banned from holding rallies and other political activities and traders were warned against hoarding necessity goods. The military council called on the Thai people to join force in restoring national unity and bring peace back to the country. The council pledged to abide by United Nations conventions and international treaties that Thailand earlier countersigned with other countries as well as to protect foreigners and officials of foreign embassies and international organisations in the country.

To prevent any possible untoward incidents, the CDR declared a special public holiday on September 20, 2006. Many other announcements and orders were issued by the council to regulate national administration while the formation of an interim government was pending. Twelve days after the coup, the military council promulgated an interim Constitution to replace the abrogated 1997 Constitution. On October 1, the CDR dissolved and transformed into Council for National Security, whose power is limited under the interim Constitution without any authority to command legislative, administrative and judicial affairs.

On the same day, a Royal Command was issued to appoint Gen Surayud Chulanont, 64, as Thailand's 24th prime minister. The retired general is a honourable figure publicly respected for his honesty, loyalty to the Monarchy, courage, austerity, love of nature and good application of Dharma in living his life. The interim prime minister later nominated 26 members of his Cabinet. Among the ministers are respected figures from the public and private sectors such as former Bank of Thailand governor, former permanent secretaries and director generals of key ministries and departments, ex-diplomats, former university rectors, former Supreme Court president and academics.

Members of the National Legislative Assembly, 242 in total, were later appointed under a Royal Command. The members include academics, social workers, rights activists, former politicians, law experts, policemen, military officials, civil servants, business people, bankers, farmers, labour leaders, journalists, religion experts, doctors, teachers and representatives of disabled people and artists. The assembly is tasked with scrutinising bills, keeping the government's works in check through debates and proposing ideas for Constitution drafting.

For judicial affairs, the Court of Law, the Administrative Court and the Military Court continue to function during the transformation period. Power of judicial review of the constitutionality of the law is maintained with the Constitutional Tribunal authorised to exercise the power. The tribunal is chaired by the Supreme Court president with president of the Supreme Administrative Court as vice chairman.

The presence of the judicial review system ensures protection of the people's rights and freedom during the transformation period. This point is stipulated in three parts of the interim Constitution. In the introduction part, it is stated that a mechanism has to be set to protect the people's rights and freedom in accordance with the current nature of administration. The same principle is stipulated again in Articles 3 and 38 of the interim Constitution. Article 38 goes further in elaborating that court cases on public freedom are to be proceeded justly under the rule of law and with consideration of natural justice like before the coup on September 19, 2006.

On Constitution drafting, public participation is more welcomed than in any previous time since Thailand had its first charter about 75 years ago. To be nominated to the drafting council include members of different career groups, public organisations, political parties, labour groups, government units, student organisations, local administration bodies, educational institutes, health and environment groups, religious and cultural organisations. A total of 2,000 people are to be first nominated to the National People's Assembly to pick 200 representatives among themselves. The 200 then select 100 among themselves to the Constitution Drafting Assembly. During the drafting process, members of the general public are welcomed to propose their ideas to the assembly. Once the draft is approved by the assembly, a nationwide public referendum will be held on the new Constitution, the first time in the history of Thai charters.

Flowers on gun muzzles

What happened on September 19, 2006, regardless of what it is officially termed, is undeniably a power seizure or a coup in the eyes of the international community and Thai people. While a conventional image of coups in the past was often associated with drastic military operations, violent resistance and suppression, bloodshed and casualties, what happened on September 19 and after was different. Everything in Bangkok and elsewhere looked normal - flights at Don Muang Airport landed and departed as usual, streets remained busy, shops and companies stayed open, people enjoyed shopping as usual and major tourist attractions were as crowded as they had been. At some shopping centres and universities, however, small groups of people briefly staged protests against the coup and dispersed without being forced by authorities. The media did it reporting job as usual with some columnists vehemently criticising those behind the coup. Less than two weeks after the coup, police and soldiers deployed on guard at various places were ordered back to their barracks.

What people saw during the first two weeks after the coup was not violence or fighting like in other countries. On the contrary, many people brought food and drinks to soldiers manning tanks and intersections. Some of them even put garlands on the muzzles of the guns in the troops' hands. The International Herald Tribune ran a cartoon on Page 7 of its September 22 publication depicting a foreigner who was surprised by the sight of a tank with its cannon muzzle stuffed with a bouquet of flowers. Many people, just-married couples and rural people who chartered buses from provinces included, came by and asked to post for photos with the soldiers and their war machines in a friendly festival-like atmosphere. Some of those interviewed by the media said they just came to share their little part in the country's history and some thanked the Armed Forced for what they did. While some expressed hope for national reconciliation after the coup, other said they did not expect things to change significantly. After a while, everything turned calm, troops were back to their units and people might have mostly forgotten what happened.

In general, a coup is undesirable or even painful since it is undemocratic. Whether a coup is acceptable under certain circumstances is theoretically debatable among democracy advocates. In other countries, a natural right to overthrow a corrupt oppressive government has long been a subject of intense debate. When president Thomas Jefferson prepared a draft declaration of America's dependence in 1776, many other colonies stood up to demand freedom from their oppressive colonial masters. In Asia, many countries had a history of tyrannical rulers facing an uprising or getting overthrown. What is more acceptable about a coup is that it must be staged only under an inevitable circumstance in which no other alternatives will work, or in other words under "intolerable condition" that will cause severe irreparable damage to the country and the people. Human casualties and property damage are what to be best avoided in staging a coup so as to prevent a possible consequent crisis. Since a coup is already a crisis itself, any other following crisis must be best prevented. One last point about a coup is that it has to be acceptable to the people. Coup attempts in some countries got started promisingly but later failed after they were resisted by the people.

The reasons to seize power

The point needs to reach understanding over the power seizer on September 19, 2006 is that why there was a power seizer. Actually Council for National Security has explained in its announcements, orders and statements regularly at different time. But the reasons must be elaborated as followed:

1. Society was gravely divided and the rift is widen in every institution

Since 2004, the country had been suffering from natural disasters and violence in the south. It should have been time that Thai people were united but regrettably it was the ending of House of Representatives' term and the government's term. The country had plunged into rising political tension starting with people's gathering to criticise the government. In the beginning, it was just the gathering of small number of people which is normal for democratic society. Local media; newspapers, radio, television, cable TV, video, and VCD including foreign media covered the people's gatherings which had expanded across the country. At the same time, the House of Representatives and the Senate's terms were ended. The general election was held. It was usual that political parties and candidates would actively carried out political activities. Even though after the election was completed, the criticism against the government and the Cabinet members with serious charges continued extensively. What made the people greatly disappointed is the government did not clarify the charges leveled against it to the satisfaction and did not prosecute those who were accused. At that time slandering statements against the monarchy were used to support their reasoning which later led to both sides filing libel charges against each other. These cases are still under investigation and court trial. The number of cases is unprecedented in the country's history. It is unbelievable that the country which honourthe monarchy institution with great loyalty and especially it is the auspicious year that every one wears yellow shirt and waves flags with the symbol of the Sixtieth Anniversary Celebrations of His Majesty's Accession to the Throne would be greatly divided in opinion. They should have displayed unity and at the same time the public felt that the government did not protect His Majesty's integrity as it should have and was not enthusiastic to respond to the King's order to correct the problems. Besides there were allegations that political office holders and permanent officials and their families and relatives committed offences and corrupt in large state projects and procurement. There were allegations about conflict of interest, law evasion, interference in the appointment and transfer of state official in many levels.

The fact that the monarchy was incriminated openly and secretly in a slandering way as if the to test or to create doubtful feeling and adversely affect the loyalty to the monarchy which has existed along with the country's history. This particular issue has caused resent and unease among the military and loyal subjects of His Majesty. The criticism spread through words of mouth without evidence to substantiate.

Organizing of public seminars in public places which should have been the instrument of democratic system but the stage separated people into camps without reason. Students in the same class, members of the same family, parents, brothers sisters, spouses and relatives, government officials, workes and laborers in the same companies, members of associations or club who used to socialize for public interest or for entertainment all divided over essence or no essence. Some groups used their emotion and attitude more than principle. If excluding the auspicious time that Thai people participated the Sixtieth Anniversary Celebrations of His Majesty's Accession to the Throne in June, it could be said that throughout 2005 and 2006 is the time the country experience the big rift. Sometimes there were confrontations, mistrustful, division. Some times those in power disagree with another camp abused the power in their administration, public service, allocations of support and assault another group as news about the assassination of the prime minister by implanting bombs but the culprits were caught. It was worrying that the rift will be too widen to cure which is a very dangerous signal at the time that the world is politically fragile, and terrorism, economic and social problem are rampant.

2. The lack of efficiency of organisations in check and control the use of power by the state

If it is the rift alone, time can heal such division and there are also other check institution such as House of Representative, court, independent agencies were established to check the government. However the unexpected incident happened after the general election 2005, the ruling government got re-elected in a landslide victory and formed a one party rule. The opposition parties did not have enough votes to censure the Prime Minister. (the Constitution stated that the number of MPs which can launch censure motion against the PM is not less than two in five or 200 MPs but members of opposition parties was less than 200.) This may be the rule under the Constitution and the public referendum from election result. There were also eroding trust in an independent agency that is responsible in organising the election. Many people believed that money was siphoned into the election to commit electoral offence and to influence election officials. Criticism was rife that the government ignore the opposition's voice such as that the PM did not attend the House to answer the MPs' interpellations. The House's role in checking the government failed because the government did not co-operate well. Meanwhile the Senate which is another check institution saw its term ended. The Senators served full term of six years and could not continue its check role. The result of the Senatorial election was delayed. The legislative branch was crippled or as analogised in foreign language as "cripple duck". This has led famous thinkers, intellectuals and academics expressed their despair and disappointment and loss of confidence in the House through the media. After the power seizure, thinkers, intellectuals and academics gave interviews and wrote articles that the country parliamentary system had been destroyed. There is no use to cry for and cling to the mechanism which had been destroyed. The essence of the mechanism was perished. Some academics voiced opinion that human as the natural right to stage a coup when the country is in such dilemma.

While many independent agencies under the constitution were all plagued with problems. National Counter Corruption Commission was in suspense over a long time because of the problem over the candidates selection. There were thousands of complaints waiting to be investigated which might need ten years to finish. New complaints also flooded into the commission. Some were corruption cases that worth billions of baths and may face statue of limitation. Asset investigation of politicians and politicians was also in suspense because there was not a commission and would be under a long suspense which is worrying. Although other agencies have personnel, they were not fully trusted because they were accused of being under political interference because the selection process was carried out through political parties. Reports had it that the selection process was carried out through intense lobbying in the Senate. Election Commission, which has important role in overseeing and ensuring clean and fair election, was under heavy scrutiny. Political parties which joined the election campaign did not trust the commission.

3. Continued election crisis

While these problems were happening, the situation was worsen when the House was dissolved on February 24, 2006 under the intention to end the above two problems mentioned earlier and return the power to the people to make the decision even though the election was held one year ago. However House dissolution even though was a democratic solution could not resolve the problems. On the other hand aggravated the situation because only Thai Rak Thai Party, the major party fielded the candidates. Other small parties fielded their candidates in some constituencies amid allegation that the parties were hired to run in the election in a bid to create false image and have comparison for election results. Opposition parties such as Democrat Party (which formed the government from 1992-1995 and from 1997-1998) Chat Thai Party (which formed the government from 1995) and Mahachon Party did not field any candidate. It is normal that Thai Rak Thai would win the election but there were problems in some constituencies. The law stipulated that in the case that there was a sole candidate the candidate must win more than 20 per cent of eligible voters in that constituency. Many did not get enough votes as required because millions of voters synchronizing ticked on the box of no vote for any candidate or any party. The second and third election were organised which led to accusations that some political parties were hired to field candidates in some constituencies to avoid sole candidate issue.

At the same time, there were accusations against Thai Rak Thai Party of destroying democracy for hiring small parties to run in the election. Thai Rak Thai Party also push for charges against the Democrats accusing them of mudslinging. Both sides demand party dissolution of one another. The cases are under trial by the Constitution Court. The Election Commission also had lost public trust. There wee protests and block the commission's office. One EC commissioner resigned and one had earlier died. There were three commissioners left to handled election across the country which was a difficult task. Meanwhile the EC had not announced the result of local elections which were held for years. In some constituencies, the EC had not endorsed the candidates. The "cripple" situation spread from national political sector to local level.

Later the Constitution Court ruled on May 8, 2006 that the election that only a large party joined in the election and billions of baht spent in the election was unconstitutional and had to be a new election. Even though Royal decree stipulated that the new election is to be held on October 15, 2006, some people believed that the new election which would use billion of baht will be clean and fair election. More important, three remaining EC commissioners who are responsible in organising a new electoin were accused of criminal charges for malfeasance. Criminal Court handed down the verdict on July 25, 2006 sentencing the three to imprisonment without suspension and bail. Then the three stepped down from their post and cited their illness such as having to undergo kidney dialysis. They were temporarily released. Their case is under appeal.

When the EC commissioners became vacant, the Supreme Court selected new EC commissioners nominee for the Senate to approve. The Senate approved the nomination recently but doubts still linger whether if the election is held under the same rules and regulations even though organised by the new EC that has some degree of public trust, the country will have peace and the election will be clean and fair. Although the election day was set, there were doubts that it was possible. When there was a power seizure, five EC commissioners were instructed to continue their duty and be prepared to organise a new election after the new constitution goes into effect.

All these demonstrated political crisis that had led to so much of turmoil and troubles. Every problem is related and pointing finger to the eroding trust and faith in the constitution and organisations created by the constitution, political parties, parliament, and the country's unity and democracy. Huge budget were spent to solve some problem but did not yield any fruitful result. Some problems took a long time to solve. Several groups of people exerted their efforts and perseverance openly and behind closed door to bring peace and unity back but failed.

The institution, which was most dependable, was the judicial branch which is not political institution. As His Majesty the King addressed to the Administrative Court president, judges and Supreme Court president and judges on April 25, 2006 that the situation facing the country is a crisis. The King instructed the court to join hand to bring the country out of the crisis. However solving problems under judicial mean has its limitation - time consuming. First, a case has to happen and a long time is needed before the case is closed.

4. Political vacuum persisted for more than half a year

The country had neither functioning government nor the House and the Senate. This was truly a political crisis impacting tremendously on society. The crisis coupled with social division increased concern about possible eruption of violence.

The economy was in limbo and the bureaucracy ground to a halt. Following the House dissolution on February 24, 2006, the Cabinet expired. The caretaker governmwnt was not empowered to issue new policies. The House was terminated, hence there was no legislative body for checks and balances. The Senate had completed its term and the senatorial elections had not been endorsed in full.

What happened was unprecedented in Thai political history. The start of fiscal year on October 1, 2006 marked for the first time the failure to enact and enforce the Budget Bill. If the situation was not rectified, the country would not have its budget until May, 2007 at the earliest assuming the general election took place.

5. Political conflict had escalated to a threshold of violence

Reports had been received a few days before September 19, 2006 that rival sides, as indentified in Section 1, would convene their respecitve rallies in Bangkok on September 20, 2006.

Even if protesters from one side might rallied peacefully and unarmed to exercise their constitutional rights, those on other side had mobilised villagers in a show of force. Reports indicated about transportation arrangements, food supplies and arms training.

It was predicted that confrontation between rival sides would degenerate into armed clashes which could cauased untold casualites among the people and inflict damage to the public property.

The anti-riot operation would unlikely be ineffective if the opposing crowds were allowed to confront one another. The situation might spiral of control if certain elements managed to inflame the violence.

The aforementioned reasons as stated in the above sections had been cited in the preamble of the Interim Constitution. The key statement read "Reasons for the military coup…executed in the hope to rectify the followings - the declining public trust in the country's administration, the ineffective control over administration affairs and state power which fuelled widespread corruption without having brought culprits to justice. This was the grave political crisis triggering social division. The unity of citizens was fast diminishing to the point of becoming a social crisis."

Military and police officers formed the Council for Democratic Reform. These officers pledged their allegiance before the King and their flags of the corps, vowing to safeguard the monarchy and protect the interests of the people and the nation. The events had developed beyond the realm of politics to impact on the plight of the people and threaten the national security. The King was worried about the situation as evidenced in the royal speech to the judiciary.

The military could not stand idle and had to intervene to stem imminent dangers. After the intervention, the CDR had sought and received the royal audience to inform five reasons to the King at the Chitralada Villa, Dusit Palace.

The CDR also spelled out plans to restore normalcy and social unity. After hearing the CDR's report, His Majesty issued a royal command appointing Army Commander-in-Chief General Sonthi Boonyaratglin as chairman of the CDR on September 20, 2006.

Under the royal command, Sonthi is empowered to keep peace and issue relevant orders as deemed necessary. He delegated his power to the interim government and relevant government agencies after the promulgation of the Interim Constitution.

The royal command sanctions the CDR as a state mechanism with the King as head of state. This is the confirmation for the CDR's loyalty and its mandate within limited conditions and time. The CDR is obliged not to deviate from the path it informed the King.

The CDR followed precedents set by the National Peace-keeping Council in the 1991 coup. The royal command was also issued then.

(Under the Interim Constitution, the CDR was transformed into the Council for National Security.)

The Council for National Security (CNS) reaffirms it honest intentions to resolve the country's problems, particularly immediate issues vital to restore normalcy and unity. It will expedite all proceedings aimed at rectifying the flaws that prompted the seizure of power and revamping the political system as enshried in the new constitution in order to prevent a repeat.

The public should understand that after the promulgation of the Interim Constitution on October 1, 2006, the CNS has limited jurisdiction as per Article 34. The provision prescribes for the CNS to ensure peace and national security but not to interfere with independent organisations formed by it, the interim government, the National Legislative Assembly (NLA), the National People's Assembly, the Constitution Drafting Assembly (CDA) and the courts.

The CNS can only monitor, coordinate and cooperate with the works of relevant agencies. All sides should be patient for due process to unfold. The CNS will not abuse its power to inflict injustice in order to avoid repeating what the people experienced in the past.

The CNS is grateful for well wishes and suggestions from various individuals. It understands that it is working under the close watch of the international community. And it is pleased to note that its work progress has been recognised and accepted by many.

It wants to point out that the Cabinet is responsible for administering the country. The NLA is in charge of legislation. The drafting of the new constitution is under the responsibility of the CDA. There will be no meddling by the CNS.

The CNS will strictly abide by the Interim Constitution, assist the interim government to ensure peace and national security. It is to adhere to duties dispensed by the government to respective military commanders. It is to uphold the constitutional monarchy. And it will not cling to power. Thailand has had many lessons about power grabbing.

Under no circumstance, the CNS will allow individuals or groups to cite a pretext to undermine national security and the royal integrity of the King.

Tentative Timeline for Constitution Drafting

1. Promulgation of Provisional Constitution of October 1, 2006

2. 2.1 The Council for Democratic Reform shall be transformed into the Council for National Security

2.2 Appointment of Prime Minister who will form a civilian government

2.3 Swearing in of the Cabinet

3. Appointment and convening of the National Legislative Assembly (242 members and not exceeding 250) in October

4. Appointment and onvening of the National Assembly (not over than 2,000 persons) from all sectors of society. The meeting will select 200 members from the group within November or early December.

5. Council for National Security selects the 100-member Constitution Drafting Council from list of 200 candidates proposed by by the National Legislative Assembly.

6. 6.1 Constitutional Drafting Committee start meeting in January 2007.

6.2 Thirty-five constitution drafting committee member start drafting (25 are selected by Constitution Drafting Council and 10 others suggested by Council for National Security.

7. Drafting of the Constitution finished in July 2007 (not more than 180 days from the opening of the Constitution Drafting Council)

8. The draft constitution is presented for deliberation of the Constitution Drafting Council, Council for National Security, Cabinet, National Legislative Assembly and other relevant institutions and agencies. A public hearing is also arranged in August 2007.

9. The draft constitution is to be revised based on inputs from the deliberation of the institutes and relevant agencies as well as public hearing in August 2007.

10. 10.1 Holding national referendum (within 30 days) in September 2007.

10.2 Promulgation of the Constitution

10.3 Drafting of organic laws concerning election and submitting to National Legislative Assembly to approval

10. Organising of free and fair election as stipulated in the Constitution about by the end of 2007.

11. Setting up of new government at the end of 2007

Other interesting points:

1 The Monarchy and political situation in Thailand

2 The declaration of martial law

3 Civil liberty

4 Self-sufficiency economy

5 The next step of the Council for Democratic Reform (CDR)

The Monarchy and political situation in Thailnad

His Majesty the King has been reigning under the democratic system with King as the head of the state for 60 years. During the 60-year reign, His Majesty has been strictly behaved himself as the King under the Constitution.

During the past year, the Thai society was severely rifted and divided into groups of people who suport and those who are opposed to the government of then prime minister Thaksin Shinawatra, but His Majesty did not make any intervention. His Majesty declined the call for him to invoke Article 7 of the 1997 constitution to intervene in politics. That is, His Majesty refused to appoint a prime minister by invoking the article. Moreover, in His speech with Supreme Court judges and Supreme Administrative Court judges late April, His Majesty asked courts to help solve the political crisis instead of making an intervention himself.

After the coup on September 19, the CDR seized power before it sought an audience with His Majesty to report on what had happened. The CDR did so because it is a long-held tradition as the CDR regarded that the coup was an important event, which His Majesty should be informed about.

The issuance of a royal command to appoint Gen Sonthi Boonyaratglin as the leader of the CDR was aimed to empower him to maintain law and order and to prevent untoward incidents, which could escalate into violence. In the past, His Majesty used to issue a royal command to appoint the coup leader to take charge, such as when the National Peacekeeping Council staged a coup in 1991.

However, His Majesty realises the importance of the maintaining of the democratic regime with the King as the head of the state and His Majesty understands politics, which separates from the Monarchy. As a result, His Majesty has always been staying out of politics.

The declaration of the martial law

The martial law was declared to control and improve the situation in the country so that the country could return to the normal situation under the democratic system as soon as possible. The declaration of the martial law was based on all constitutions in the past. The declaration of martial law is also acceptable in line with Article 4 of the International Covenant on Civil and Political Rights. The article states that under the state or emergency or when there is danger threatening the survival of the state and after it has been announced so officially, the signatories of this covenant may use measures, which exempt the enforcement of this covenant as necessary in line with the emergency of the situation. But such measures must not contradict with other obligations under international law and such measures must not be discriminations against ethnic, races, sexes, languages, and religions.

The Announcement No 9 of the CDR made it clear that the CDR "shall uphold the principles enshrined in the United Nations Charter and the principles of other international organizations for the benefit of the nation. The Council shall maintain the rights and fully comply with obligations under international treaties and international agreements ..." Later, the interim Constitution of the 2006, which was announced on October 1 206, also guarantees civil liberty by stating in Article 3 that "Subject to the provisions of this Constitution, the human dignity, rights, liberties and equality, which have always been enjoyed by the Thai people in accordance with the customary practice of democratic government with the King as Head of State as well as Thailand's existing international obligations, shall be protected according to this Constitution".

Currently, the martial law is still maintained and Article 11 of the Martial Law Declaration Act of BE2457 empowers military officers to ban several kinds of activities, such as bans on demonstrations, bans on publishing and distributing books and newspapers, bans on TVs and radio broadcasting, bans on the use of public roads, bans on the use of communications tools, and bans on leaving houses, etc. But the CDR, which is now the Council for National Security, restricts the use of the power under the martial law to minimise the effects on the civil liberty. The CNS restricts only some political rights. For example, the CNS imposes the ban on political gathering of more than five persons because it wants to control the situation in the country as a short-term measure on security reasons as the coup has just taken place for over a month. As a result, the CNS saw that the enforcement of the martial law to restrict the political demonstrations is in line with Article 4 of the ICCPR, which allowed the obligations to be exempted in case of emergency and the such ban is also in line with the Thai law system. The CNS will later relax the political demonstration ban when the country enters the reliable situation.

It should be noticed that the restriction of certain rights as mentioned above did not affect basic human rights, which are protected by international law and cannot be violated by all means. Such basic human rights are the right to life and the right to be free from torture and other inhumane degrading or punishment.

Although the martial law is maintained to restrict some political rights, in practice the media are still able to perform their duty normally; the judicial procedures continue; and the people can also express their political views freely provided that they do not break the law.

Civil Liberties

CDR has come under heavy criticism for its impacts on civil liberties. Critics have cited cases of some politicians being confined to a certain area, but these politicians have in fact been released already. So far, restriction of press freedom, restriction of political activities especially by political parties, and ban on any peaceful and weaponless rallies (attended by more than five people) remain in place.

In its mission to implement the democratic reform, CDR has no intention on restricting civil liberties. It has thus striven to minimise the restrictions and enforced the restrictions only where necessary. Some restrictions are needed in the current situation given its emergency nature, relevant political reasons and the need to ensure public order and security in the country. The country is now in the transitional period. CDR will remove these restrictions and the martial law as soon as the situation returns to normal.

In practice, it is proven that CDR or the Council for National Security (CNS) and the government neither intends to do nor does anything to affect civil liberties and press freedom. Rallies to call for civil liberties and protest against the coup have openly taken place at universities and public places. Relevant authorities have chosen to closely monitor the situation, not banning or suspending the said activities as long as they do not threaten the security or create turmoil. Aside, the Political Party Act of BE 2541 remains in effect.

At the same time, people continue to enjoy their liberties in their communications, access to information and travels. It is clear that Thai and foreign media have covered political news virtually like during normal time. Some media and some academics have also clearly aired their disagreements with ongoing democratic reform. The daily activities of people and businesses, owned by Thais or foreigners, have been going on as usual, just like what happens to academic conferences, business meetings and government agencies' meetings.

All the above activities are enshrined in the Section 3 of the Interim Constitution.

According to the Section 3, subject to the provisions of this Constitution, the human dignity, rights, liberties and equality, which have always been enjoyed by the Thai people in accordance with the customary practice of democratic government with the King as Head of State as well as Thailand's existing international obligations, shall be protected according to this Constitution.

Sufficiency Economy

Sufficiency economy is a philosophy about how people should live their lives at all levels, at family level, at community level and at national level. It also covers how the country should develop and go on through the middle path even when it is pursuing economic developments in this increasingly globalised world. The sufficiency means having enough to live, to eat and to use based on non-extravagance, rationality, the middle path and the need to have immunity against both internal and external factors. To promote the sufficiency economy, it is necessary to use intelligence and caution in applying academic knowledge into relevant planning and implementation at every stage. In the meantime, people in the country especially youths, government officials, theorists and businessmen should be inculcated in morality, honesty and appropriate knowledge. Such qualities will allow them to live with patience, perseverance, conscience, wisdom and caution. These qualities will enable people to efficiently adapt themselves to any abrupt changes, materialistically, socially, environmentally and culturally.

Next steps by CDR or CNS

In line with its announcement, CDR has ensured that the prime minister was appointed within two weeks since the date the coup took place. The prime minister was assigned to form his Cabinet. Simultaneously, CDR has transformed itself into the CNS with the missions to investigate and solve problems, which led to the coup, and to give cooperation to relevant parties in the ongoing democratic reform as follows:

- The coup took place because the principles and the spirits of the Constitution of BE2540 were destroyed. CNS is committed to swiftly restore democracy.

- CNS shall intervene in politics for only the shortest time possible to ensure peace, unity and justice in the country.

- CNS shall ensure the new Election Commission remains in function with mandate to ensure clear and fair elections.

- CNS shall ensure that the National Counter Corruption Commission remains in function with mandate to investigate. In the meantime, the Assets Examination Committee is established to conduct parallel investigations. Also, the Auditor General shall have the function to independently investigate the use of government budget and to prevent corruption.

- CSN shall ensure that the Ombudsmen remain in function to receive complaints about abuse of authority from people.

- Some independent agencies established under the Constitution of BE2540 such as the Administrative Court and the National Human Rights Commission shall retain their original status.

- National Economic and Social Advisory Council shall have a vital role in advising the government.

- Four advisory boards shall be established to cover four areas: foreign affairs, economic, society and national reconciliation.

- With the promulgation of the Interim Constitution on October 1, 2006, CDR has been automatically transformed into CNS.

- CNS has ensured that a civilian government is established to take charge of the administration of the country.

- CNS shall lift the martial law as soon as the situation returns to normal and the security is adequate.

- CNS shall ensure that the National Legislative Assembly is set up.

- CNS is now in the process of appointing a maximum of 2,000 members from various occupations to the National People's Assembly who shall nominate 200 people among themselves for the CNS to choose as 100 members of the Constitution Drafting Assembly (CDA) before the end of this year. CDA shall draft the permanent constitution within six months since it convenes its first meeting. After the draft is complete, it shall be forwarded to the Cabinet, CNS, and other independent agencies to review and give comments. Then, a public referendum will be held across the country. When the permanent Constitution is in place, organic laws necessary for holding elections will be legislated. Within one year since the constitution-drafting process began, the election must be held.

Information on CDR or CNS works and guidelines are available at its web site, www.mict.go.th/cdrc and the Foreign Affairs Ministry's web site, www.mfa.go.th.

Source: Unofficial translation by The Nation - 27 November 2006

[jumnien]

"Superficially, the results of the last election may have reflected people's trust for the government to continue with its second term but voices of disapproval became loud and clear in September 2006. "

Sounds a bit like the "New Light of Myanmar" editorials from 1990!