September

11
1 TPO September 2011 I. Foreign affairs Thai-Cambodian relations Despite unfavorable verdicts against Thai nationals rendered this month, relations between Cambodia and Thailand continued to improve under the impulse of the Shinawatras. Thaksin Shinwatra travelled to Cambodia on Sept16, only to be followed one day later by his younger sister Yingluck. In what appears to be becoming a tradition, Pheua Thai MPs played a friendly football match against Cambodia on September 24. On that at end, five UDD leaders, were allowed to travel to Cambodia from Sept 15-19 although their bail conditions forbid them leaving the country. They are Veerakan Musikhapong, former UDD chairman, Natthawut Saikua, a Pheu Thai party list MP, and Yossawaris Chuklom, or Jeng Dokchik, assistant secretary to a deputy interior minister, Pheu Thai party list MP Korkaew Pikulthong and United Front for Democracy against Dictatorship core member Kwanchai Praipana. While on September 6, a Thai, a Cambodian and a Vietnamese were condemned to two years imprisonment each on charges of spying on the Thai-Cambodian border, developments in the higher-profile case of Veera Somkwamkid and his secretary Ratree Pipattanapaiboon opened some room for hope. Hun Sen reportedly proposed to the Thai defence minister a prisoner exchange programme between Thailand and Cambodia as a way to help Veera Somkwamkid and Ratree Pipattanapaibul, along with the other 37 Thais currently jailed in Cambodia, mostly on drugs charges. At the end of the month, Defence Minister Yutthasak Sasiprapa went to Phnom Penh for an official visit to Cambodia at the invitation of Cambodian Deputy Prime Minister Tia Banh. where they agreed to comply with the order of the International Court of Justice to withdraw troops from the disputed border area surrounding the Preah Vihear temple and to allow Indonesian observers to monitor the ceasefire. Thai-Cambodian Joint Boundary Committee chairman (JBC) teams were changed as a result of the annual reshuffle. JBC chairman Asda Chaiyanam was replaced by Bandit Sotthiphalarit and JBC adviser Veerachai Plasai by Prasat Prasatwinitchai. The same day, 100,000 red-shirts reportedly crossed the border to attend the Pheu Thai Cambodian football game; the Cambodians won 10-7. At the event , Hun Sen announced that "the nightmare era" between Thailand and Cambodia was finally over (Bangkok Post, 25/09/11). II. Domestic Politics The political debate in September focused mainly on two issues (1) the annual reshuffle of high-ranking officials especially in the military and (2) the anniversary of the coup at the occasion of which a group of scholars calling for a new constitution caused a public controversy. The end of the month witnessed the beginning of a flooding disaster that progressively eclipsed all other topics from most media. For its second month in office, the government still had to deal with the task of appointments to political positions.

description

TPO September

Transcript of September

Page 1: September

1

TPO – September 2011

I. Foreign affairs

Thai-Cambodian relations

Despite unfavorable verdicts against Thai nationals rendered this month, relations between

Cambodia and Thailand continued to improve under the impulse of the Shinawatras.

Thaksin Shinwatra travelled to Cambodia on Sept16, only to be followed one day later by his

younger sister Yingluck. In what appears to be becoming a tradition, Pheua Thai MPs played

a friendly football match against Cambodia on September 24. On that at end, five UDD

leaders, were allowed to travel to Cambodia from Sept 15-19 although their bail conditions

forbid them leaving the country. They are Veerakan Musikhapong, former UDD chairman,

Natthawut Saikua, a Pheu Thai party list MP, and Yossawaris Chuklom, or Jeng Dokchik,

assistant secretary to a deputy interior minister, Pheu Thai party list MP Korkaew Pikulthong

and United Front for Democracy against Dictatorship core member Kwanchai Praipana.

While on September 6, a Thai, a Cambodian and a Vietnamese were condemned to two years

imprisonment each on charges of spying on the Thai-Cambodian border, developments in the

higher-profile case of Veera Somkwamkid and his secretary Ratree Pipattanapaiboon opened

some room for hope. Hun Sen reportedly proposed to the Thai defence minister a prisoner

exchange programme between Thailand and Cambodia as a way to help Veera Somkwamkid

and Ratree Pipattanapaibul, along with the other 37 Thais currently jailed in Cambodia,

mostly on drugs charges.

At the end of the month, Defence Minister Yutthasak Sasiprapa went to Phnom Penh for an

official visit to Cambodia at the invitation of Cambodian Deputy Prime Minister Tia Banh.

where they agreed to comply with the order of the International Court of Justice to withdraw

troops from the disputed border area surrounding the Preah Vihear temple and to allow

Indonesian observers to monitor the ceasefire. Thai-Cambodian Joint Boundary Committee

chairman (JBC) teams were changed as a result of the annual reshuffle. JBC chairman Asda

Chaiyanam was replaced by Bandit Sotthiphalarit and JBC adviser Veerachai Plasai by Prasat

Prasatwinitchai. The same day, 100,000 red-shirts reportedly crossed the border to attend the

Pheu Thai – Cambodian football game; the Cambodians won 10-7. At the event , Hun Sen

announced that "the nightmare era" between Thailand and Cambodia was finally over

(Bangkok Post, 25/09/11).

II. Domestic Politics

The political debate in September focused mainly on two issues (1) the annual reshuffle of

high-ranking officials especially in the military and (2) the anniversary of the coup at the

occasion of which a group of scholars calling for a new constitution caused a public

controversy. The end of the month witnessed the beginning of a flooding disaster that

progressively eclipsed all other topics from most media. For its second month in office, the

government still had to deal with the task of appointments to political positions.

Page 2: September

2

Government’s second month in office

Early in the month, Deputy Prime Minister Chalerm Yubamrung appeared to be the leading

face of the government in several matters. He was frequently quoted opining about

constitution change, political amnesties, and Thaksin Shinawatra, at one point declaring he

will rectify the (by implication, wrongful) conviction of Thaksin, though he is not yet certain

how to do so. Chalerm’s prominence may be due in part to the fact that Prime Minister

Yingluck Shinawatra had limited the intereaction between herself and the media, but it cannot

be denied that Chalerm has been assigned several powerful roles as deputy prime minister,

and he is known to be quite outspoken. Pheu Thai Party’s strategy team was reportedly upset

at such media prominence and comments, and the team reportedly asked Prime Minister

Yingluck Shinawatra to reprimand Chalerm; it is not clear whether a reprimand was given,

but Chalerm’s media presence subsequently diminished somewhat.

A Pheu Thai source said that Thaksin Shinwatra spoke to cabinet for several hours via Skype,

claiming that Thaksin wanted to communicate with ministers more directly and effectively

than he had been able to do through Prime Minister Yingluck Shinawatra; the source said

Thaksin lectured cabinet members about their performance and asked questions and gave

instructions about details of their work. Critics say the event is evidence that Thaksin is

genuinely the one in charge of the government. Further, some argue that a case could be

made to bring charges against cabinet for dealing with a convicted criminal and fugitive. In

the press, Yingluck rejected such assertions, saying that Thaksin called in only to provide

moral support. Some Pheu Thai MPs are reportedly upset that Thaksin’s call in could provide

fuel for distrust among military figures, with possible repercussions (apparently a not-so

veiled suggestion of fear of a coup).

Prime Minister Yingluck Shinawatra, speaking to the press, said that the navy’s proposal to

buy second-hand German submarines had been approved by cabinet; in fact, that matter was

not even on the agenda (the deadline for the deal has passed and now it appears dead),

although cabinet did approve the army’s proposal to buy eight French helicopters. Critics

took the opportunity to argue that Yingluck is incompetent.

Security agencies reshuffle

Transfers included (1) National police chief Wichean Potephosree (2) Department of Special

Investigation (DSI) Director-General Tharit Pengdit (3) Secretary of the Centre for the

Resolution of Emergency Situation (CRES) Thawil Pliensri

(1) National Police Chief

Early in September, National police chief Wichean Potephosree stepped down in favour of

his deputy, Pol Gen Priewpan Damapong. Pol Gen Priewpan is the elder brother of Khunying

Potjaman na Pombejra, the ex-wife of former prime minister Thaksin Shinawatra. Pol Gen

Wichean will now move to the post of National Security Council secretary-general to replace

Thawil Pliensri. He vowed to devote his time and energy to tackle the issue of drugs.

(2) Department of Special Investigation (DSI) Director-General Tharit Pengdit

Even though rumors claimed that when Pracha Promnok was named justice minister, efforts

were made to push Pol Col Suchart to become the DSI chief, replacing Tharit Pengdit, DSI

Director-General Tharit Pengdit, a zealous lese-majeste content fighter, stayed.

Page 3: September

3

(3) Centre for the Resolution of Emergency Situation (CRES) and National Security Council

(NSC)

Mr. Thawil Pliensri was transferred to the position of adviser at the Prime Minister's Office

(to make way for Pol Gen Wichean—see above). This transfer was not considered a

promotion by Mr. Thawil, who was quoted as saying ―I will take the case to the civil service

Merit System Protection Committee to seek justice over his "unfair" transfer to a position as

an adviser in the Prime Minister's Office.‖ Deputy Prime Minister Chalerm Yubamrung said

Mr Thawil 's transfer was legitimate due to his past role as secretary of the Centre for the

Resolution of the Emergency Situation. "Mr Thawil Pliensri used to be the CRES secretary.

Will any government let him stay? To be frank, if I was Mr Thawil, I would seek a transfer

myself," said Mr Chalerm. The secreatry-general of the NSC is, according to the law, the

CRES secretary. The CRES cracked down on pro-Thaksin red-shirt protesters last year.

(4) Battle for ISOC

The Internal Security Operations Command (ISOC) has a very broad and diverse mandate: it

is in charge of suppressing the illegal drug trade, suppressing illegal immigration, quelling

violence in the three southernmost provinces, averting terrorism and transnational crimes,

forest protection, and promoting the royal institution. ISOC is directed by its 22-member

board, which consists of permanent secretaries of ministries and armed forces chiefs, free of

politicians' representatives. ISOC has authority over the National Counter Corruption

Committee, the Department of Special Investigation, and the Anti-Money Laundering Office.

It is directly under the Prime Minister’s Office.

However, when Prime Minister Yingluck Shinawatra tried to assign Gen Panlop Pinmanee,

an adviser to the prime minister who served as a deputy ISOC director for five years during

the Thaksin administration, to supervise the unit, ISOC rejected her instruction. It reasoned

that the PM's order violated the Internal Security Act that requires the ISOC's management to

be directed by its 22-member board. The Council of State confirmed the legality of this

rejection.

By the end of September, the name of the new ISOC board director remained unknown.

Military reshuffle

The military reshuffle and the reshuffle at the Ministry of defense caught a lot of

attention. After long delays and disagreements over the nomination of the permanent

secretary between outgoing permanent secretary and the Defence minister, deputy permanent

secretary Wittawat Ratchatanan finally did not become the new permanent secretary but Gen

Sathian Permthong-in did. The two rival candidates, General Sathien Permthong-in and

General Wittawat Ratchatanan, are reportedly close friends with Thaksin Shinawatra, whom

they both went to pre-cadet school with.

The King endorsed the military reshuffle list on 30 September—the list has emerged

unchanged from the way it was proposed by armed forces commanders. The military

reshuffle was later described by both the government and the armed forces as satisfying.

The red-shirts organized a rally at democracy Monument on October 1st to oppose the annual

reshuffle, especially the army list, which reportedly promoted soldiers involved in last year’s

crackdown.

Page 4: September

4

Ministry of Interior

Wichian Chawalit, permanent secretary for interior, was moved to temporary duty at the

Prime Minister's Office. Phranai Suwannarat, interior deputy permanent secretary was

appointed to replace him as permanent secretary of the Interior Ministry.

Government lottery office (GLO)

Thaksin's close friends were appointed on the Government Lottery Office Board. They are

Surasit Sangkapong, who was the GLO director under the Thaksin administration, and

Weerapat Srichaiya, a lawyer for Thaksin's ex-wife Potjaman Na Pombejra. Another newly

appointed board member is Lt Gen Rujawin Kijwit.

Other appointments – Judiciary and independent commissions

Pasit Sakdanarong, former secretary to the Constitution Court President, was appointed

adviser to the public health minister. Pasit had been accused of filming conversations

between judges discrediting the institution at a time when the Democrat Party was on trial for

receiving illegal donations.

Justice inspector-general Pol Col Dusadee Arayawut will next month assume the post of

secretary-general of the Office of Public Sector Anti-Corruption Commission.

Other appointments - red-shirts

The legitimacy of appointments of red-shirts to many political positions has been widely

discussed in the press. For instance, in this Bangkok Post Article entitled ―Red-shirts

rewarded, but at what cost?‖ on September 3, 2011 ―Among more than 30 key red-shirt

leaders who have been appointed to political positions, Aree Krainara, former chief security

guard of the UDD, has been appointed secretary to the Interior Minister. Yoswaris Chuklom,

also known as red comedian Jeng Dokjik, was made assistant secretary to the Interior

Minister, Chinnawat Haboonpad, a key member of the Taxi Drivers Club, was appointed an

adviser to the transport minister, while Somwang Assarasee, acting deputy chairman of the

UDD, was made an adviser to the commerce minister. Several ministers said they had not

selected those red-shirt leaders to work with them. Executives in the Pheu Thai Party had

made the decisions for them.‖

There is no doubt that UDD leaders have helped the Pheu Thai Party win the July 3 general

election. Many of them, including Jatuporn Promparn, who was jailed, kept repeating that

during the Democrat-led government's tenure, red shirts risked their lives during clashes with

security forces, and some spent time in jail. Jatuporn was also quoted as saying that ―if the

red shirts and the UDD were not strong enough, the Yingluck administration would not be

able to uphold its authority.‖ (Bangkok Post, 3/09/11)

Meanwhile, Udomdet Rattanasathien, a Pheu Thai MP for Nonthaburi, has been appointed

chief of the government coalition whips. The Pheu Thai-led coalition comprises six parties,

commanding altogether 300 seats in the House of Representatives -- Pheu Thai Party (265

seats), Chartthaipattana Party (19), Chart Pattana Puea Pandin Party (7), Phalang Chon Party

(7), Mahachon Party (1) and New Democracy Party (1).

Allocation of the chairmanship of 35 House committees also was difficult. According to

customary rule, the number of committee chair posts is proportional to the number of House

seats.

Page 5: September

5

Opposition

The Democrat Party formed a shadow government to monitor the work of the Pheua Thai-led

coalition government. His leader, Abhisit Vejjajiya, took the responsibility of being the

premier together with handling the defence portfolio. He was formally appointed as the

opposition leader by a royal command issued on the 19th

.

Constitutional amendments

Early this month, House Speaker Somsak Kiatsuranont announced that the government was

going to launch a constitution drafting process. First, the article 291 of the constitution

would need to be amended to allow for the formation of a drafting assembly that would be

comprised of 99 people, 77 of them elected in their respective provinces and the rest selected

experts from various relevant fields including law and political sciences. According to media

reports, the formation of the assembly should be completed next April. The assembly would

then work out a whole new constitution and the government and the parliament would not

have a hand in the drafting. Then a referendum on the new charter would be held,

approximately in early 2013.

Anniversary of the coup

The United Front for Democracy against Dictatorship staged a rally on Sunday, Sept 18, to

mark the fifth anniversary of the Sept 19, 2006 coup. "Anti-coup sentiment has never been as

strong," said Thanet Abhornsuvan, a former Thammasat University history professor.

On Sept 18, a newly-formed group of academics calling itself Nitirat (meaning Rule of Law

and translated as ―enlightened jurists‖) called for changes which it said would end the fallout

from the 2006 coup, including

amending Criminal Code Section 112 on lese majeste;

reviewing legal action taken against suspects in all cases in the coup aftermath;

nullifying the 2007 constitution; and

drafting a new charter.

This announcement, widely echoed in the press, has sparked debate in Thai society.

For instance, the Lawyers Council of Thailand on September 27 issued a statement opposing

Nitirats' call for nullification of all judicial decisions that were a consequence of the Sept 19,

2006 coup, saying that their proposal only caused confusion about the constitutional

monarchy.

Meanwhile, 112 internationally recognized scholars of Thai politics have called on the

government to revise the lèse majesté laws including Article 112 of the Criminal Code and

the 2007 Computer Crimes Act and to give attention to the plight of academics, journalists

and regular citizen currently under trial for lèse majesté offences. They were referring

particularly to the cases of Chiranuch Premchaiyaporn, editor of Prachatai online newspaper,

Somyos Preuksakasemsuk, unionist and editor of Voice of Thaksin magazine and naturalised

American Joe Gordon in their petition to the government.

The Democrat Party accused the Nitirat group of trying to help Thaksin Shinawatra.

Reconciliation

Respected academic and chair of the National Reform Commission Prawase Wasi warned of

the danger of looming civil war in Thailand. He said Thai society must act to offset the threat

of civil war over the mishandling of two key issues, the monarchy and the controversy

surrounding former prime minister Thaksin Shinawatra. He cited deepening inequalities in

Thai society as the root cause of conflict.

Page 6: September

6

Meanwhile senators decided not to set up a new panel to investigate the deaths on April 10

last year during the red-shirts uprising. Some senators had called for a new panel whose

mandate would have allowed for summoning people for inquiries. It should be able to find

out if the former government followed procedures set out by the law for handling such

situations.

The Truth for Reconciliation Commission of Thailand (TRCT), headed by Dr. Kanit Na

Nakorn, released its second report on September 16 outlining its work progress and making

seven recommendations in connection with the last year's violence.

―TRCT sees the prosecution of criminal cases according to the Royal decree on public

Administration in Emergency Situations B.E. 2548 (2005), the offence of unlawful assembly

of ten or more persons under section 215 of the criminal Code, and other relevant cases

relating to incidents of political violence before and after the 19 September 2006 coup

including cases of lèse majesté under Section 112 of the Penal Code and Computer Related

Crime Act B.E.2550 (2007) as all being related to political conflict. The government should

thus proceed with the prosecution of such offences as follows:

1- (…) Consider whether the accusation is unduly harsh or the evidence too weak to

prove guilt.

2- (…) Proceed with the temporary release of detainees as this is a fundamental right of

accused persons and defendants. (…)

3- (…) If accused persons and defendants are not granted temporary release, the

government should arrange for their detention in an appropriate place, not in a

common prison as has been the case in the past.

4- (…) The principle of criminal justice which uses criminal prosecution measures and

punishment is not appropriate for the current situation in our country. It is thus

appropriate to study and apply the theories of transitional justice and restorative

justice. (…) (meanwhile) delaying prosecution of these cases and not taking them to

court until collection of the relevant information is complete

5- The government should promptly and decisively proceed with reparations (…)

Groups to which reparations are made should not be limited to only those affected by

the April-May 2010 incidents but should cover those affected by violent incidents

related to political conflict since the 19 September 2006 coup. This should include

officials, mass media and the members of the private sector as well as their families

and other affected persons. (…) The government must be aware that reparations can

proceed in various ways and does not have to be limited to monetary reparation. S(…)

Some need money due to poverty and economic distress; some need an apology to

restore honor to deceased and injured persons; some need occupation and career

opportunities; some need perpetrators to be brought to justice; some need mental

reparation, etc.

6- The government should establish an ad hoc committee mandated to provide reparation

to all affected parties.

The TRCT expresses its concerns at the administration of justice in times of political

conflict in Thailand and especially the use of the lèse majesté law.

―Besides those affected by violent incidents, reparation of those who have faced unfair

trials, which is a significant target group, is also a condition for bringing about

reconciliation. (…) Another matter of grave concern is the perception that the justice

Page 7: September

7

system fails to render justice but is used as a mechanism to deliver injustice. (…) The list

of persons detained and defendants should be made complete and current. (…) TRCT

expresses concern regarding the prosecution of individuals for lèse majesté offences

under Section 112 of Criminal Code and Computer related Crime Act B :E 2550 920070 :

The increase in the number of cases could have a political impact : TRCT believes that

although the government has the obligation to vigorously protect the monarchy, regarded

by Thai people with the utmost reverence, from being defamed by inappropriate behavior

and acts, the issue of criminal prosecution without due regard for criminal policy or

control guidelines for proper enforcement during times of political conflict can create

national and international complications, particularly in regard to freedom of expression.

At present, the enforcement of lèse majesté laws in Thailand has become an issue of

interest for the United Nations, international human rights organizations, and several

foreign countries.‖

Finally, the TRCT proposes to go back to the root cause of violence, namely the

Constitutional Court judgment in 2004 about Thaksin’s hidden assets. ―The TRCT

proposes that the government along with relevant agencies examine this case according to

the rule of law‖.

The TRCT report was submitted to the prime minister who vowed to work towards

implementation of the commission’s recommendations ―The government has appointed a

panel to implement the commission's report in a gesture of sincerity to bring about

reconciliation," (The Nation,21/09/12) The panel to follow up on the report will reportedly

be led by Deputy Prime Minister Yongyuth Wichaidit.

A group of residents and businesses affected by last year’s political protests are looking for a

way to get compensation. The submitted alter to the prime minister for that matter, and asked

the government to help them either directly or to pressure insurance companies to

compensate the, So far, most insurance companies have qualified the acts as terrorism, which

does not provide for compensation. The government has indicated it intends to revoke the

Insurance Commission Office's decision that last year's clashes in the Ratchaprasong area

were an act of terrorism. It could help the Pheua Thai government to clear red-shirts of

terrorism charges (Thaksin also facing this charge).

Thaksin's pardon

In August 2009, a petition signed by more than 3.5 million people, most of them red-shirts,

asking for a royal pardon for Thaksin, was submitted to the Democrat-led administration for

consideration. The Corrections Department, under the Ministry of Justice, spent about two

years checking the eligibility of each petitioner. This task was completed at the beginning of

the month. The petition was then forwarded to the Minister of Justice, Pol. Gen Pracha

Promnok, and then to the Office of His Majesty's Principal Private Secretary.

According to the Criminal Procedural Code, to be eligible for a royal pardon, the convict

should have shown remorse for his crime and actually have served time - even for one day -

before initiating the petition. Also, only the convict or his family members can fill a royal

pardon petition on his behalf.

In reaction to the petition, 29 permanent secretaries, including those whose sympathy leans

towards the red-shirts, issued a statement condemning the content of the petition as

politicizing the monarchy. The statement pointed out that the monarchy would be mired by

Page 8: September

8

politics because of the wording in the petition - pardon or no pardon, the King would be seen

as siding with either the coup or Thaksin.

Meanwhile, Deputy Prime Minister Chalerm Yubamrung reaffirmed his willingness to clear

Thaksin's name, for he considers the former prime minister has been treated unfairly

(convicted to two years in jail by the Supreme Court for the sale of a State land to his wife) .

However, conscious that the issue of Thaksin's pardon could stoke unrest and reactivate the

political conflict, Mr Chalerm said he was still looking for "suitable" methods to clear

Thaksin's name. "It is an important matter that we need to work on."

A first step could be the rehabilitation of Thaksin’s Thai passport, earlier revoked by the

Abhisit-led administration. The current minister of foreign affairs, Surapong

Tovichakchaikul, close to Thaksin, has throughout the month given many hints such a move

could happen.

Court cases: red-shirts

This month, a few red-shirts, jailed in connection to the protest in May last year, have been

released on bail thanks to the help of Pheua Thai MPs. On September 5, bail requests were

approved for three red-shirt supporters - Narumon Warunrungroj, Surachai Nisopha and

Chatree Srijinda – Four Pheu Thai MPs - Jarupan Kuldiloke, Khattiya Sawatdiphol,

Jaroonpong Phansrinakorn and Sampat Hatthawong signed the bail papers for them.

The Criminal Court on September 30 sentenced three supporters of the United Front for

Democracy against Dictatorship to imprisonment for illegally having explosives (ping pong

bombs) in their possession and violating the emergency law while taking part in the UDD

rally in May last year. Two of them were sentenced to 20 months and the third one to six

months.

Court cases : the Shinawatras

There won’t be any appeal against the Appeals Court's acquittal of Khunying Potjaman na

Pombejra, former wife of deposed prime minister Thaksin Shinawatra, in a tax evasion case,

rendered on August 24 this year after the Criminal Court in 2008 gave her a three-year

sentence after finding her guilty of conspiring to evade taxes totaling 546 million baht in her

transfer of Shinawatra Computer and Communications shares worth 738 million baht to her

half brother Bannapot Damapong. The appeals court upheld a guilty verdict against

Bannapot, but reduced the sentence from three years imprisonment to two, and imposed a

fine of 100,000 baht.

Court cases: Chuwit

Chuwit, leader of the newly formed Rak Thailand Party, was convicted for money-laundering

in connection to the massage parlours he owns. The Supreme Court on 30 September 2011

reversed a former Appeal Court's verdict clearing Mr Chuwit of any wrongdoing and ordered

the seizure of 3.5 million baht in assets from Chuwit.

Court cases: Santika pub

On September 20, two people were convicted in relation to the infamous case of the Santika

fire on New Year’s eve in 2008. The owner of the pub, Wisuk Setsawat, and Boonchu

Laorinath, the light and sound company's owner, were convicted to three years for

negligence. Wisuk was found guilty for failing to obey building regulations and provide

emergency exits at the Santika pub while Boonchu was convicted for erecting the stage

Page 9: September

9

display, including fireworks, that sparked the blaze. The pub caught fire on the morning of

January 1, 2009, killing 67 people and injuring another 103.

Prisons

The Pheu Thai-led government is preparing to seek a large-scale pardon for prisoners on His

Majesty the King's 84th birthday on Dec 5. It is a tradition to have massive rounds of royal

pardons for prisoners on the occasion of royal celebrations.

Justice Minister Pracha Promnok justified this attempt by explaining that the country's

prisons are bursting with inmates. There are more than 230,000 people in jail when the

facilities can hold only 140,000.

The amnesty plan came under critic as part of a vast plan to whitewash convicted red shirt

leaders involved in last year's protests, including leaders in exile, the most prominent of

which is Thaksin.

Southern insurgency

The Southern insurgency does not seem to be fading away.

As reported by Deep South Watch this month, between January 2004 and August 2011

- 4,846 people have been killed (1,857 Buddhists and 2,858 Muslims, 131 other with

unknown religion)

- 11,074 violent incidents

- 7,995 people injured (4,854 Buddhists, 2616 Muslims and 525 people with unknown

religion)

Many violent events occurred this month, including riots at the Pattani Central Prison on 5

September that left two inmates dead. The riot was reportedly fuelled by tensions between

Muslim and Buddhist inmates, following the appointment of a Buddhist inmate as warden

assistant.

Freedom of expression

Prachathai website editor Chiranuch Premchaiyaporn was awarded the prestigious human

rights Hellman/Hammett grants for her commitment to free expression in Thailand. This is

the first time this award, launched in 1989 by Human Rights Watch, was received by a Thai

national.

Chiranuch, on trial under the Computer Crimes Act for not deleting quickly enough

comments deemed offensive to the monarchy posted by the general public on the site weblog,

said "Limited freedom is like not having enough air to breath and hopefully will be a timely

warning for society to learn from and overcome the situation peacefully. The fact that she

was the first Thai recipient of the award was an indicator that freedom of expression in

Thailand has drastically declined since the 2006 coup, and the current administration has not

so far shown any intention to reduce such a problem.‖

Page 10: September

10

III. Economy and Society

Policy implementation

- Minimum Wage

During his second month in office, the Yingluck administration failed to implement its most

popular policies such as the 300 baht minimum daily wage and 15,000 baht starting salary

for new graduates.

- Tax deduction policy

The tax deduction policy for first-time home buyers was on the other hand fully

implemented. It consists of taxable income bases being lowered by up to 10% of the home

price within a limit of 500,000 baht for homes valued at no more than 5 million baht. The tax

deduction lasts for five years and stands at an equal amount each year. Home buyers willing

to benefit from the tax deduction were asked to register the transfer of house ownership

between September 21, 2011 and December 31, 2012. There was criticism that the mentioned

tax deduction policy was intended to benefit SC Asset, the property arm of the Shinawatra

family.

- Anti-drug campaign

The government announced its anti-drug campaign. Prime Minister Yingluck Shinawatra

emphasized a rehabilitation aspect, saying that the government aims to turn 400,000 of the

country’s 1.2 million addicts into decent citizens. Deputy Prime Minister Chalerm

Yubamrung emphasized drug suppression and enforcement, saying officials will get tough

with traffickers and dealers, seizing their assets and controlling them strictly while they are in

detention prevent them from continuing with their business; Chalerm added that efforts will

focus on blocking drug shipments across Thailand’s northern border. The suppression

campaign will be managed by a new drugs command centre, headed by Chalerm. Some

observers worry about a repeat of the 2003 war on drugs, in which over 2,000 drug suspects

were killed; the government has given repeated reassurances that there will be no abuses of

authority.

Telecoms

On September 5, the line-up of the long-awaited National Broadcasting and

Telecommunications Commission was unveiled after a vote took place in the Senate. The 11

NBTC members were selected out of 44 shortlisted candidates by a total of 147 senators.

The members, whose mandate is 6 years, are:

(1) Lt Gen Peerapong Manakit (advisor to the office of the permanent secretary of the

defence ministry)

(2) Air chief Marshal Thares Punsri (executive chairman of defence technology institute)

(3) Suthiporn Thaveechaiyagarn (secretary-general to the Election Commission)

(4) Pol Col Thaweesak Ngamsanga (advisor to veteran politician Pijni Jarusombat)

(5) Associate Professor Prasert Silpipat (member of the academic committee of the King

Prajadhipok’s Institute)

(6) Assistant Professor Thawatchai Jitpanan (economic lecturer at Chulalongkorn University)

(7) Col Nathee Sukolrat (member of the National Telecommunication Commission)

(8) Col Setthapong Malisuwan (staff at the directorate of joint intelligence of the armed

forces)

(9) Supinya Klangnarong (media activist at the Campaign for Popular Media reform)

Page 11: September

11

(10) Prawit Leesathapornwongsa (Director of the Telecommunications Consumer Protection

Institute)

(11) Gen Sukij Kamasunthorn (Special Advisor to the Armed Forces)

The prime minster is supposed to submit the list to the King for royal assent, but as of the

beginning of October had not done so. Yingluck reportedly said that the cabinet secretariat

would study how to proceed, and the government may consult with the Council of State.

Lack of formal endorsement, however, did not prevent the NBTC members from selecting a

chairman and two vice-chairmen (reportedly, by law, this must be done within 15 days of the

members being selected); ACM Thares Punsri was chosen as chairman and Col Nathee

Sukolrat and Col Setthapong Maliswan were chosen as deputy chairmen. The list of

commission members, chosen by the Senate on 5 September, has not yet been submitted for

royal endorsement because the government is consulting the Council of State regarding an

outstanding Department of Special Investigation probe into the selection process.

Floods

Floodwaters released from dams in the central region started to inundate the country in

September. By the last week of September, 112 people had lost their lives due to the floods in

the 26 provinces were affected, including Sukhothai, Phichit, Phitsanulok, Nakhon Sawan,

Uthai Thani, Chainat, Singburi, Angthong, Ayutthaya, Lop Buri, Saraburi, Suphan Buri,

Nakhon Pathom, Pathum Thani, Nonthaburi, Ubon Ratchathani, Yasothon, Loei, Khon

Kaewn, Mahasarakham, Si Sa Ket, Chachoengso, Nakhon Nayok, Tak, Sa Kaew, and

Prachinburi.