Monday 16 October 2017

My interview with respect to the interpretation of the 2017 Constitution; Section 268

My interview with respect to the interpretation of the 2017 Constitution; “Section 268: Election of members of the House of Representatives under this Constitution shall be held within one hundred and fifty days as from the date the organic laws under Section 267 (1), (2), (3) and (4) have come into force.”

            According to the 2017 constitution, there are two main interpretations of Section 268; by the government; and by politicians.

            If the government argues that Section 268 did not clearly state the election timeline, then the law must be interpreted in the interests of the people, meaning that elections must be held within 150 days. This period is sufficient for elections to be completed.

            Indeed, the Thai electoral timeline has been delayed multiple times by the National Council for Peace and Order (NCPO), and it is time to return power to the people.

            The NCPO interpreted the “one hundred and fifty days” in Section 268 as a period to set the election date rather than the period for elections to be completed. This interpretation raises a question about the November 2018 election timeline, as announced by Prime Minister Prayuth Chan-O-Cha, as to whether it is to be postponed, or if there will be election at all in 2018.

            Additionally, the interpretation of Section 268 by the NCPO and the Government demonstrates the apparent intention to once again extend the election timeline, which is not in interests of democracy.

            The interpretation of the “one hundred and fifty days” in Section 268 by politicians is more beneficial for the people and democracy, because they argued that elections must be completed within 150 days of the date the organic laws under Section 267 (1), (2), (3) and (4) have come into force.

            If either party requests the court to interpret this Section, it will further delay a return to democracy, despite the law already clearly stipulating that the “Election of members of the House of Representatives under this Constitution shall be held within one hundred and fifty days."





 

Tuesday 3 October 2017

Prayut’s trip to Washington confirms US non-interventionist foreign policy opinion

Prayut’s trip to Washington confirms US non-interventionist foreign policy opinion

October 03, 2017 01:00 By Titipol Phakdeewanich
Special to The Nation
Prime Minister Prayut Chan-o-cha answered President Donald Trump’s invitation yesterday by paying a call at the White House.

The trip cannot be simply treated as a restoration of US-Thai relations that were soured by the 2014 coup staged by Prayut and the National Council for Peace and Order (NCPO).

The meeting between the two leaders in fact signals a departure from America’s role as democratic champion in Thailand and Southeast Asia, while establishing a comfort zone for the military government to operate both in the Thai political landscape and in US-Thai relations. 

The Trump administration is now establishing a non-interventionist foreign policy in Southeast Asia and the rest of the world, echoing China’s foreign policy stance since the mid-1950s. 

In the diplomatic language of the White House, Trump and Prayut were to “discuss ways to strengthen and broaden bilateral relations and enhance cooperation in the Indo-Pacific region”, with Thailand hoping that this would re-energise their relations.

The photo opportunity for Prayut and Trump, against the backdrop of the world’s most powerful office, reaffirms speculation that Trump’s “America First” foreign policy platform is putting US national interests above the promotion and protection of democracy and human rights.

Whether intended or not, the White House yesterday endorsed the NCPO’s “Thai-style democracy” – characterised by the suppression of political freedoms and free expression – and also accepted its rhetoric that Thailand is “not ready for democracy”. This could result in further delays in the Thai democratic timeline set by the NCPO.

The meeting rejects the democratic principle in the US constitution embodied in the words “We The People”, while endorsing the authoritarian and elitist model of governance in Southeast Asia. 

Despite growing criticism of Trump’s democracy and human rights record, the US remains a global leader of liberal democracy. As such, a meeting with the US president is a visa for dictators and strongmen to enter the democratic world and whitewash themselves and their records. It enables them to legitimise their position at home and redefine democratic norms in a way that fits their regimes. 

Thus, democracy without liberty and freedom is labelled illiberal democracy. Is this the form of democracy that best fits Thailand? Is this a form of governance that the US seeks to promote across the globe, following its engagement in the infamous Vietnam War it claimed was for democracy?

Washington’s imitation of Beijing’s “non-interference policy” not only undermines democratic progress in Southeast Asia and the rest of the world, but it also raises questions about America’s competence to review and criticise the state of democracy and human rights in foreign countries.

The US State Department’s 2017 Trafficking in Persons report kept Thailand on the “Tier 2 Watch List”, due to its failure to meet minimum standards. Yet Thailand is working hard to meet benchmarks set by the US, which proves that criticism from outside can improve human rights in the country.

Former secretary of state Madeleine Albright emphasises that the promotion of democratic freedoms beyond America’s borders is a duty of the US government. Thus, if the US decides to compromise on the current state of Thai democracy and human rights, it will work in favour of the junta and against the Thai people. 

In his inaugural speech at the United Nations, Trump said “we do not seek to impose our way of life on anyone, but rather to let it shine as an example for everyone to watch”. Nevertheless, the president must understand that protecting universal values of democracy cannot be considered as intervening in a foreign country’s affairs, while lending support to a dictator certainly constitutes intervention. 

The US Embassy in Bangkok has remained aloof to persisting anti-American and anti-democratic sentiment in Thailand, especially in the Thai political divide of the past decade. 

Trump’s compromise with the Thai junta will help soften anti-American sentiment among conservative Thais, while damaging the United States’ core foreign policy values – democracy and human rights. 

“I don’t think the US should have invited him [Prayut] to the White House, because he did not come to power by an election. As such, he cannot represent the country”, comments a student from a university in the Northeast of Thailand, speaking anonymously.

Although US non-interference is not entirely a replication of its Chinese counterpart, Washington appears to be leaning further towards Beijing’s understanding of foreign policy.

Today, the world is increasingly concerned that Trump’s “America First” actually means “America Alone”, especially since the US departure from the Paris Climate Agreement. Under Trump, invitations to the White House are primarily intended to serve private US interests, while traditional American values and concern at the human rights records of allies take a back seat. One glaring example is the invite extended to Philippines President Rodrigo Duterte, whose war on drugs has seen at least 7,000 people assassinated in extra-judicial killings. 

If the Trump administration wishes to maintain US leadership in promoting democracy beyond its borders, then it must reconsider its non-interference foreign policy stance. Otherwise the US will become just another China in Southeast Asia.   

TITIPOL PHAKDEEWANICH is dean of the Faculty of Political Science at Ubon Ratchathani University, and a visiting fellow at the Centre for the Study of Globalisation and Regionalisation at the University of Warwick in England.



Monday 2 October 2017

My in-depth interview with respect to the state of Thai politics

My in-depth interview with respect to the state of Thai politics:

Although the literal translation of the headline is rather provocative; “The Military Must Leave Politics”, I discussed various topics related to the current state of Thai politics.

In summary, I argued that:

Many Thais are now in denial to accept that they are rejecting democracy as a form of governance and are instead resorting to an authoritarian form of governance.

The current state of normalcy is a result of political suppression by the National Council for Peace and Order (NCPO), which undermines the necessity of democracy because people are misled by the fabricated calmness. Therefore, they have become more convinced that Thai democracy requires the military.

Primarily, the timeline to return to democracy largely depends on the ability of the military to maintain its grip on power.

Since the 2014 coup, many Thais have been misled into believing that the problem of corruption fundamentally stems from politicians, and it is, therefore, important to get rid of politicians. However according to various research, corruption is embedded in all sectors, so it is important to look beyond politicians and promote transparency in order to enhance people’s ability to monitor those in power.

The military have signaled that the country’s democratic timeline will be delayed.

I believe that the military is desperate for elections because it offers a means for their power to be legitimized, but the tendency for a Phue Thai Party victory increases paranoia.

I do not think there will be a violent confrontation or bloodshed if the general elections are postponed from 2018. This is in part because compromise is a key component of the Thai mentality.

I think military coups d'états will continue to be part of Thai politics, because it has taken root in the Thai political system as a correcting mechanism for when democracy fails. This creates problems for the progress of democracy in Thailand, because large numbers of Thai people do not believe that democracy has the ability to correct itself.