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Thai Politics Updates - April 2012

The month of April is a long-awaited one for most Thais who wait all year long for the

annual 5-day public holiday and celebration of the Thai new year or Songkhran. This year, it

was the occasion for Thaksin to meet his supporters for the first time since the coup d’état

that ousted him in September 2006.

On the 1st of April, the Cabinet passed a resolution to extend the current parliamentary

session for an indefinite period, without giving official reasons. Notable parliamentary

debates of this month included the debate on the article 291 of the Constitution governing

rules for the launch of a charter amendment process (April 10-11 first reading, 18-19 for the

second reading) and the report by the House Committee on reconciliation (April 4-6).

They fairly reflect the main priorities of the current government.

I. Foreign affairs

Thai-China relations

An agreement was reached with China on technical assistance related to water management.

Thai-Cambodia relations

IN April, there was a clear show that tensions between Thailand and Cambodia, which came

close to war only two years ago, were far. Hun Sen himself declared the relationship between

Phnom Penh and Bangkok had improved during the Yingluck Shinawatra administration.

However, despite promises made this month by Thaksin Shunawatra, the fate of the jailed

yellow shirts Veera Somkwamkid and Ratree Pipattanapaiboon, both imprisoned in

Cambodia, is still not yet solved.

Thaksin’s tour in Lao and Cambodia

For the first time since he was ousted in a coup on September 19, 2006, Thaksin Shinawatra

met his red-shirt supporters “for real” in Vientiane, Lao and Siem Reap, Cambodia, between

the 11th and 15

th April 2012 at the occasion of the Songkhran holidays.

It was the occasion for Thaksin to set up a massive stage in Siem Reap, prepared to welcome

tens of thousands of red-shirt supporters, to spend time with many high-level personalities

including Sanoh Thienthong, to participate in many lot nam dam hua ceremonies (a

ceremony whereby juniors pour water on the hands of seniors to show their respect and

gratitutde) , to sing many songs on stage together with key red-shirt leaders, demonstrating

their renewed strong friendship. Some of the leaders he also publicly kissed, like Thida

Thavornseth. UDD leaders present at the event in Siem Reap included Thida Thavornseth,

Korkaew Pitongkul, Weng Tojinarakul, and the two stars, usually described as the most

popular speakers (and singers), Jatuporn Promparn and Nattawut Saikuea. Veera

Musikapong did not join his colleagues, while Arisaman Pongruanrong was present but

unable to go on stage dur to a court order restricting his right to participate in political

activities.

Thaksin made a speech in which he stressed his desperate desire to return home and praised

his younger sister’s talent as prime minister. He made it clear that he was not aiming for the

post of prime minister if he could return home this year. He came down the stage to kiss and

hug his supporters.

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Thaksin’s speech was not political, however, it was interpreted that he asked red-shirt people

to get prepared for reconciliation and forgiveness. He sang the song “Let it be” by the

Beatles, and this was interpreted as a call on red-shirts not to fight for prosecutions in relation

to the government crackdown on the April-May riots in April-May 2010.

The organization of this event reveals the degree of cooperation between Hun Sen and

Thaksin. The Cambodian press did not show very enthusiastic about it. The Phnom Pen Post

criticized the amount of money spent (all Thais were allowed a free entry to Angkor Wat,

normally priced at 20 dollars a person a day) as well as “double-standards” in terms of

freedom of assembly when comparing the right of Thais to assemble in Cambodia to the right

of Cambodians themselves to assemble in their own country.

It was reported that Thaksin Shiawatra spent at least 60 million THB for the organization of

the event.

II. Domestic politics

Reconciliation

- KPI study

On April 6, the parliament voted to endorse the report submitted by the House Committee on

Reconciliation, chaired by Sonthi Boonyartaglin, Matubhum party MP and former coup

leader, and to send it to the government to consider taking further action. More than 200

members of the Volunteers for Protecting the Land Group had rallied in front of parliament in

opposition to the vote on the House committee report for national reconciliation, which they

claimed was only intended to whitewash Thaksin Shinawatra by issuing an amnesty law.

A government panel, chaired by Yongyuth Wichaidit, whose main mandate is to monitor the

implementation of the recommendations issued by the Truth and Reconciliation Commission,

is to look into the report. The objective of the government is reportedly to draft a law on

reconciliation. Such a law would include provision on amnesties. However, conditions and

modalities of these amnesties remain unclear and are at risk of sparking controversy or even

revive the political conflict if it involves Thaksin Shinawatra.

Pheua Thai Party spokesman Prompong Nopparit reportedly announced that the draft bill on

reconciliation, could be expected to be forwarded to the House in August or September when

the next parliamentary session starts. (Bangkok Post, 9 April 2012)

- The issue of amnesty

The issue of amnesty triggers a very emotional debate and shakes the hearts of Thai people.

The problem is that the word amnesty in people’s minds relate to three very different things:

1. an amnesty for Thaksin Shinawatra, ex-prime minister ousted by a coup in 2006 and

convicted in abstentia in 2009 for corruption.

He is also facing many other corruption cases, stemming from the work of the Assets

Examination Committee, an administrative body with judicial powers. The fact that

this body was set up by the junta which overthrew Thaskin makes it illegitimate in the

eyes of a part of Thai society.

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According to Democrat Party MP Mallika Boonmeetrakul, cases still under

investigation include:

(1) the two-digit and three-digit lottery,

(2) a soft loan granted by the Export-Import Bank to Myanmar,

(3) conversion of telecom concession fees to a telecom excise tax,

(4) political violence and

(5) Ratchadapisek land deal.

2. an amnesty for red-shirts currently serving jail sentences related to their political

activities during April-May 2010. Charges include breach of the emergency decree,

blocking traffic, illegal assembly, etc. Among these, the fate of people convicted on

lèse-majesté charges or using the article 112 of the penal Code remains undefined.

Views on their eligibility for an amnesty related to protest activities diverge. Some of

them have been charged in connection to speeches made on stage at Ratchaprasong or

Sanam Luang as part of red-shirt rallies.

3. an amnesty for the government side who conducted the massive crackdown on the

protest which left 91 people dead and about 2,00 people injured. The question of who

exactly in the chain of command should be targeted for this amnesty also remains

unanswered.

Many red-shirts opposed the amnesty for government officials who “ordered the killings of

red-shirts”. They warned Pheua Thai members that they need the truth to be unveiled and

perpetrators to be brought to justice before they can forgive, and eventually reconcile. It was

reported that a clear signal in that sense was sent to Thaksin Shinawatra at the occasion of his

visit in Siem Reap, Cambodia.

For example, the Bangkok Post quoted the younger brother of Kamolkate Akhad, the nurse

who was shot dead in Wat Pathum Wanaram on May 19, 2010, "Right now, have politicians

given priority to the public interest? I oppose reconciliation because all the political violence

occurred because of politicians. They have used people as their tools," he said. "Eventually,

these politicians will reconcile. Then what about the people who fought alongside them?"

(Bangkok Post, 19 April 2012)

The question is whether or not it is possible or desirable to trade off an amnesty in

corruption-related cases for an amnesty in political violence cases including thousands of

injuries and almost a hundred deaths. Most red-shirts argue that those two different types of

penal cases cannot be compared.

Academic groups also jumped into the discussion on the amnesty bill, especially jurists and

legal experts. The Nittirat group, a group of seven Thammasat law lecturers under the

leadership of Germany-educated Dr. Vorajet, issued its own statement based on the following

arguments:

“1 Nittirat reaffirms its push to amend the lese majeste law as prescribed in Article 112 of the

Criminal Code;

“2 Nittirat totally opposes reconciliation by granting blanket amnesty to all parties involved

in the political disturbances in the wake of the 2006 coup. In the past, the country granted

blanket amnesty on two occasions: in 1978 pertaining to the October 1976 bloodshed and in

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1992 pertaining to the Black May 1992 incident. But such amnesty was unfairly applied to

those responsible for cracking down on people;

3 Nitirat proposes that amnesty should factor in the following points:

3.1 No amnesty for state officials involved in crowd dispersal operations that have taken

place since September 19, 2006;

3.2 Instant amnesty for those accused of violating the emergency situation and Internal

Security Act;

3.3 Removing those involved in street protests and facing criminal charges from judicial

review and resolving their violations via a conflict-resolution committee;

3.4 Absolving those ruled by the conflict-resolution committee as being involved in

politically motivated incidents and targeting those who acted without political motivation for

normal criminal proceedings. Amending the Constitution to include provisions on conflict

resolution.

4 In order to repeal the consequences of the coup, the new charter should include provisions

to repeal the amnesty granted to coup leaders and bring them to justice. The work of the

Assets Examination Committee would consequently be voided, paving the way to prosecute

the suspects again under due process.”

- Compensation

It was promised that compensation for those killed and wounded in political violence during

the April-May 2010 events would be paid in May. They are entitled to 7.5 million THB.

Under its 2 billion baht compensation scheme, the government has agreed to pay families of

those killed 7.5 million baht, 4.5 million for disabilities, 1.125 million for severe injuries and

675,000 for moderate injuries.

However, there is speculation that families of the victims or victims themselves who have

filed complaints in relation to te crackdown should first drop the charges before getting the

7.5 million compensation.

Interestingly, the case filed at the Civil Court for relatives of victims of political violence has

been delayed, at the request of the red-shirts lawyers (hired by the 111 Foundation) March

30 was initially set to consider the damage and reparation lawsuits filed against the Abhisit

Vejjajiva administration and Finance Ministry. The foundation has filed lawsuits for

damages totalling 130 million baht against the Finance Ministry.

- Rallies in commemoration of past violence

Commemoration to honour the memory of the deaths occurred two years ago at Kok Wua

intersection during clashes between the army and protesters took place on April 10.

The UDD held its event on April 11 instead of April 10 because that date fell within the

mourning period for Her Royal Highness Princess Bejaratana Rajasuda, (according to Tida

Thavornseth, UDD Chairwoman). They performed a religious rite at the Democracy

Monument on Ratchadamnoen Avenue. Tida Thawornseth presided over the ceremony.

Deputy Agriculture Minister Nattawut Saikuer and other UDD core members and MPs,

including Korkaew Pikulthong and Weng Tojirakarn, joined the event.

The Democrat party, led by party deputy leader Korn Chatikavanij, Apirak Kosayothin and

other high-profile Democrat MPs, held a ceremony on April 10 at Kok Wua where General

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Romklao Tuwatham was killed while on duty. A group of about 10 red-shirts gathered at the

Democracy Monument and shouted at the Democrats.

Court cases

- Red-shirts

On 10 April, the North Bangkok District Court dismissed a case filed against Sombat

Boonngamanong, also called Nuling, a red-shirt activist and NGO leader, for leading an anti-

government rally under the Din Daeng expressway on May 18, 2010. He was charged with

illegal assembly, blocking traffic and causing unrest in violation of the emergency decree in

force at the time.

In the case of red-shirt co-leader Jatuporn Prompan, the Constitution Court scheduled May 18

for rending its verdict. His parliamentary status is put into question due to the fact that he did

not vote in the July 3, 2011 election as he was in jail. He is also being investigated in another

case, on charges of lèse majesté.

Meanwhile, a few hundreds of red-shirts still remain in jail for their participation in the April-

May 2010 protests. The government had promised during the electoral campaign to try to

help bail them out and set aside additional funds to do so last year. There is a 43 million baht

"Justice Fund" to be used by the Rights and liberties protection department of the Justice

Ministry to bail out detainees. (“This fund is available to yellow shirts also, but the majority

of the red shirts are poor and when they faced arrest, they had no money to bail themselves

out” interview with Pitaya Jinawat, director-general of the Rights and Liberties Protection

Department, Bangkok Post, 16 April 2012) . The justice fund had reportedly already

disbursed 100,000 baht each to the families of people who died in the political violence of

recent years, although bail requests supported by the Justice Ministry were rejected by the

courts.

- Yellow-shirts

Former Prime Minister Somchai Wongsawat won his case against the National Anti-

Corruption Commission (NACC) and its secretary-general for misconduct in the probe into

the 7 October 2008 protest dispersal case. The Administrative Court ordered the NACC to

disclose its evidence which served as a basis for its indictement of Somchai in connection to

the crackdown on yellow-shirts. The NACC had earlier refused to show its evidence, citing

national security reasons. In 2009, the NACC had filed charges against Mr Somchai, National

Police Chief Police General Patcharavat Wongsuwan, former Deputy Prime Minister General

Chavalit Yongchaiyudh and former Metropolitan Police Commissioner Police General

Suchart Muankaew for their role in the dispersal of the 2008 protest that left two people dead.

- Lèse majesté

A petition was filed at the Consitutional Court by the two lawyers handling the lese majeste

case against Somyos Prueksakasemsuk questioning the constitutionality of the article 112 of

the Penal Code. They requested a suspension of the trial until the court makes a ruling.

Despite being in poor health condition, Somyos has been denied bail seven times and has

spent almost a year in jail at the Klong Prem Remand Prison. He is under trial as being the

editor of Voice of Taksin magazine, which published two articles under a pen name, deemed

critical to the Chakri dynasty.

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In another case, Surachai Saedan, core leader of the radical red-shirt group Daeng Siam, was

sentenced on April 27 to two years and a half in jail on charges of lese majeste related to a

speech he made at a red-shirt rally on February 5 and 6, 2011 at Samakkhitham Temple in

Bangkok. These two and a half years added up to the sentences earlier pronounced in other

cases. Aged 70, he is condemned to spend in total 10 years in jail.

The case of Akong or Uncle SMS, also in poor health and old, condemned to 20 years in jail

for sending four SMS deemed critical to the monarchy was also raised in public discussion

about the consequences of the use of lèse majesté.

Constitution change

Debate on the Constitution Drafting Assembly heated up the parliament this month, as the

first reading of the law amending the article 291 of the Constitution was rushed within a few

days. In line with the government’s proposition, the CDA structure would be made up of 77

drafters, to be elected from each province, plus 22 experts, to be appointed by

parliamentarians. The opposition party criticized this mode of selection, arguing that Pheua

Thai would use its voting power in parliament to select candidates of its choice to sit on the

list of experts.

Colour politics

- By-elections: the soon-to-be” Pathum Thani model”

A by-election in Pathum Thani was very much commented, as it featured a large defeat for

the Pheua Thai party candidate in a constituency which is considered a strong “red-shirts”

base. The election was held on the 21 April. It was held to fill to fill in the seat of Pheua Thai

MP Sumeth Ritthakanee, who resigned to run for the post of Provincial Administrative

Organisation chairman on 22 April. Voter turnout was as low as 35 per cent, compared with a

75 percent voter turnout in the July 3, 2011 general election.

Pheu Thai lost in both elections.

Democrat Party candidate Kiatisak Songsang won the MP seat against rival Pheu Thai

candidate Somchai Rangsiwattanasak. MP Sumeth Ritthakanee who resigned from the

parliament did not get the hoped for PAO chairmanship. Lessons were quickly drawn and

after criticizing Sumeth’s move, the Pheua Thai reportedly resolved to prohibit its MPs from

resigning to run for local administration offices. (Bangkok Post, 24 April 2012)

Thida Thavornseth said that Pheu Thai's loss in the by-election in Pathum Thani was among

the first negative consequences for the government. "This indicates that many red shirts have

independent minds."(The Nation, 25 April 2012). It was commented in the media as a “slap

in the face” for the Pheua Thai (Tha Nation) and interpreted as a show that It showed that the

ruling party is not invulnerable, and its red-shirt strongholds are not impregnable as formerly

believed.

In Chiang Mai, Pheu Thai MP for Chiang Mai Chinnicha Wongsawat was disqualified for

filing a false assets statement. Red-shirts in Chiang Mai asked for primaries to be organized

so that they can choose their own candidate instead of the one chosen unilaterally by the

Pheua Thai party.

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- Red shirts-Pheua Thai relationship

The relationship between the Pheua Thai and its masses base, the red-shirts under the

leadership, for most of it of the United Democracy against Dictatorship (UDD) movement

started to be much discussed in the media, as a consequence of the “Pathum Thani

experiment” (cf supra).

Whereas there is no doubt that the UDD and the red-shirts enormously helped the Pheua Thai

party to win the July 3, 2011 general election (a proof of it is the number of red-shirts

rewarded with Cabinet positions especially Nattawut Saikuea and soon Jatuporn Promparn) a

split over visions of amnesty as well as over the “compromises” made by the Yingluck

administration seems to be threatening the unity of the “reds”.

The visit of Yingluck Shinawatra to pay respect at Privy Council President Prem

Tinsulanonda on the occasion of the Songkhran ceremony of lot nam dam hua was very

much criticized and made headlines of most newspapers. This ceremony, whereby people

have to kneel on their knees for a sacred water pouring ceremony, is meant to symbolize the

gratitude of juniors towards their elders.

Some red-shirts groups, considering that Prem has played a role in the 2006 coup d’etat and

saw this move as, at least, inappropriate and in contradiction with the origins and discourses

of the Pheua Thai party, or even as an act of treason, for the most radical Thais. (Matichon,

27/04/12) Despite intense media speculation that Nattawaut Saikua, one of the two most

popular red-shirts leader together with Jatuporn prompan, was also invited to the ceremony,

he did not make such a move that would have alienated him the red-shirts for being too

“compromising”.

- Southern insurgency

Arrests were made in connection with the car bombs in Yala and Hat Yai on 30 March which

killed 14 people. The question of how to reorganize agencies working in the South to tackle

the southern insurgency as it shows no sign of improvement, with daily bombings and

shootings, was discussed in parliament. MPs from the southern provinces submitted a letter

Prime Minister Yingluck Shinawatra asking for a general debate in parliament on the

situation in the far South.

Rumours about secret talks between former prime minister Thaksin Shinawatra and

insurgents were also evoked during parliamentary debates. According to the rumour, Thaksin

would have held talks with a separatist group in Malaysia but the talks would have failed,

leading to the deadly March 31 car bombings at municipal Yala and Songkhla's Hat Yai

district that caused massive damage. Thaksin Shinawatra later denied the Democrat Party's

accusation that he held secret talks with southern rebel leaders.

III. Economy and Society

War on drugs and death penalty

Despite the fact that the death penalty is strongly condemned by international law

(International Covenant on Civil and Political Rights, (ICCPR) to which Thailand is a

member, and the Status of Rome for the International Criminal Court (ICC) to which

Thailand is a signatory), especially for offences such as drugs trade, Chalerm Yubamrung

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reaffirmed its stance on applying the capital sentence for drugs, and making sure that it is

applied as quickly as possible (within 15 days from the date the verdict is being final).

The death penalty in Thailand is rarely carried out. The last executions occurred on 24

August 2009 for people convicted on drugs charges. Before that, there was a de facto

moratorium in place since 2004.

Anti-drugs policies are very popular among the Thai electorate. Thai Rak Thai’s most praised

policies indeed include the 30-THB universal healthcare system, educational loans, one-

million-THB development fund and the war on drugs. The implementation of the latest in

2004 however led to the death of about 2,500 people and was widely criticized by human

rights organizations, and families of the victims.

Policy implementation

The opposition has criticized the government in failing to implement its electoral promises or

implement them poorly. The initial 300 baht minimum daily wage hike in seven provinces is

starting to take a toll on workers with their welfare benefits being cut, while small and

medium enterprises are running into trouble as they cannot afford the higher wage bills,

former prime minister and opposition leader Abhisit Vejjajiya said (Bangkok Post, April 14,

2012) He was also quoted as explaining the rising cost of living as a consequence of the

government's policy to offer a 15,000 baht starting salary to holders of bachelor degrees.

Inflation

The issue of rising prices came at the top of public debate and hit headlines, so much that

Yingluck made a few mediatized visits to markets and supermarkets to check the prices to

finally recognize that the prices were indeed higher. Food and beverages in particular rose,

up 7.3% from last year, while electricity, fuel and water prices jumped 8.5%. Yingluck

Shinawatra declared that food prices were expected to ease starting in June, as supply

shortages from last year's floods ease. Kasikorn Research projects inflation of 3.9% this year

and 4% next year.