The following opinion piece, which I authored, appeared in today’s Sydney Morning Herald.
Rights abuse? You wouldn’t read about it
Harry Nicolaides was herded, shackled, into a Bangkok holding cell on Monday. He was sentenced to three years in prison for the contents of a single paragraph. The Melbourne author’s crime was to write a short passage referring to the private life of Thailand’s crown prince in a self-published novel that sold only 10 copies.He was sentenced under Thailand’s draconian lese-majeste law, which forbids any frank discussion of the royal family. In the wake of the conviction, he threw himself on the mercy of the people he was accused of offending, petitioning the palace for a royal pardon.
On Wednesday, this newspaper reported that the Thai army had – on two separate occasions – pushed about 1000 Burmese boat people back into international waters. The refugees were escaping from the Burmese regime’s persecution of ethnic minorities. More than 500 are now said to be dead or missing.
The Thai military stands accused of detaining the refugees and beating and whipping them, before setting them adrift without motors or sufficient food and water. The Government says it has launched an investigation, while the local army commander denied the accusations, arguing his men gave the refugees provisions and “helped them on their way”.
Thailand’s human rights reputation has taken a battering. These two incidents represent a serious challenge for the new Prime Minister, Abhisit Vejjajiva, who says he is determined to restore his country’s reputation after last year’s political turmoil.
His Government came to power a month ago, after the dramatic occupation of Bangkok’s international airport by protesters determined to overthrow the previous government. The protesters crippled Thailand’s lucrative tourism industry, and shredded its long-cultivated image as a foreigner-friendly destination.
Abhisit presents himself as an urbane and modern leader (and Oxford educated to boot), one who can guide Thailand through the international financial crisis, restore the rule of law, and repair the country’s damaged image.
But the Nicolaides case and the humanitarian tragedy of the Burmese boat people are not isolated incidents that can easily be dealt with by public relations spin. They relate to the role of two of the country’s most powerful institutions – the monarchy and the army – which helped bring Abhisit to power.
The Government has placed protecting the monarchy’s reputation at the top of its political agenda. Heightened political divisions over the past few years have generated increasing comment domestically and internationally about the political role of the royal family. There is unprecedented discussion about the palace’s support for the campaign waged by the People’s Alliance for Democracy against Thailand’s former government, which was democratically elected in December 2007.
The Economist suggested – in a now infamous article – that the Thai king had “lost faith in democracy” by endorsing a series of military coups during his reign and remaining silent throughout last year while the ultra-royalist PAD campaigned to overthrow an elected government.
Forbes magazine encouraged further discussion by reporting that the king was the world’s richest royal, with assets worth $US35 billion ($54 billion), while Thai internet bulletin boards regularly feature barely coded anti-royal comments that are especially critical of the Queen, given her open support for the PAD’s campaign.
There has been a vigorous royalist backlash to this outbreak of free speech. The Ministry of Information and Communication Technology has tried to block thousands of websites that carry material on the royal family, army units have been ordered to monitor the internet for inappropriate content and ordinary citizens have been encouraged to report anti-royal comments to police.
The crackdown is serious: a political activist was sentenced to six years in prison for criticising the king at a public rally, while another is in prison awaiting trial and facing the prospect of an even heavier sentence.
Just this week came another charge of lese-majeste. An academic at a prestigious university was charged because eight paragraphs in his book about the military coup in September 2006 referred to the political influence of the king.
Nicolaides was in the wrong place at the wrong time, caught up in a campaign of good old-fashioned political repression. It is clear the Thai Government is willing to sacrifice freedom of speech for protection ofthe royal family’s image.
But how will it respond to human rights abuses perpetrated by the army? The gravity of the charges over its actions towards the Burmese boat people, plus ongoing international scrutiny, should prompt firm action against the perpetrators. But this is far from inevitable, as there are bigger political issues involved.
The extent of military influence within the Government is not clear, but Abhisit owes his commanders big favours. His path to the prime ministership goes back to the 2006 coup, which overthrew Thaksin Shinawatra’s populist government and sent him into exile.
The military-controlled government that followed put in place a new constitution. This included provisions that could be used to undermine a pro-Thaksin government if one was to regain power, which is exactly what happened in December 2007, at the first post-coup election.
The newly elected government had to live with judicial interference and speculation about another coup for much of its short life. Its fate was sealed when the army refused to move on PAD protesters who occupied Government House and, later, the international airport.
The army chief even took the extraordinary step of calling on Abhisit’s predecessor, Somchai Wongsawat, to resign during the airport crisis. When the ruling party was finally dissolved by the Constitutional Court, the army chief played a key role in persuading government politicians to defect to Abhisit’s camp, giving him the numbers to win the parliamentary vote for prime minister.
The army is politically powerful, and Abhisit can be expected to come under pressure not to expose it to undesirable domestic and international scrutiny. There is no lese-majeste law that can be called upon to cover up reports of refugee mistreatment. But already Abhisit seems to be laying the groundwork for a minimalist investigation, suggesting that media coverage of the incident may be exaggerated and that witnesses may have misunderstood what they were seeing. On Thursday he even seemed to endorse the army action, announcing a crackdown on illegal immigrants, declaring “we will push them out of the country”.
The brutal dirty work against the unfortunate refugees is alleged to have been done by the internal security operations command, a military unit dating from Thailand’s fight against communist insurgents during the Cold War. It was given expanded powers after the 2006 coup, and its broad national security brief may grant it protection from close scrutiny.
But whatever the outcome of the investigation, the incident is the latest in the army’s very patchy human rights record. There is a well-documented history of forced repatriation of refugees by army units. And in the southern Muslim provinces, the army’s heavy-handed response to low-level insurgency has compounded grievances and strengthened the cause of anti-government elements.
In 2004 there were two notorious cases of military brutality. In April, 28 militants were killed when the army stormed the sacred Krue Se mosque after a poorly managed siege. One of the commanders involved in the mosque killings, Colonel Manat Kongpan, is accused of leading the recent push-back action against the Burmese boat people. In October about 80 protesters suffocated when they were detained and stacked like logs in army trucks for a three-hour journey to a military base.
No one has been punished for these incidents, which took place under the watch of Thaksin, the champion of the notorious “war on drugs” that claimed over 2000 lives in a nationwide rampage of extrajudicial killings.
Abhisit is undoubtedly keen to distance his administration from the excesses of the Thaksin era. So far, despite some hitches, he has succeeded in presenting a positive image to the international community. After the political turmoil of the past year, his leadership holds out the attractive prospect of stability, perhaps even reconciliation.
But unless his Government is willing to expose the monarchy and the military to internationally acceptable standards of scrutiny and accountability, his human rights credibility will be compromised and he will bear a heavy burden of repression.
Murderous military brutality cannot go unpunished, especially when writing a paragraph about the private life of a prince in an unread book lands you in jail for three years.
Great article. The bulletin-the-back-of-the head killings of Burmese student protestors that took over a Thai hospital a few years ago is another incident of renown Thai brutality.
Also see my article on UPIAsiaOnline at
http://www.upiasia.com/Politics/2009/01/23/thailand_overzealous_in_protecting_royals/2366/
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So many problems are coming to the surface at the moment. These are not just a result of the Thaksin regime or the military coup, but a general lack of rule of law that allows authorities, especially the military, to act with impunity. There has never been any justice over the Tak Bai massacre. In the midst of so many issues your article didn’t even find space to mention the recent Amnesty International report on torture in the Deep South.
There is a little hope for change from within Thailand. The only thing that can really be done to improve the situation is to get more international observers on the ground and for other countries to take a more outspoken approach in their diplomacy with Thailand.
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Thailand is certainly shooting itself in the foot at the moment, which is sad. The PAD demonstrations were bad enough, but the pro-Taksin red shirts have made it even worse, and now the les majeste crackdown is really damaging the country’s image abroad. It will take more than Thai Air cutting fares to restore the dmage done. I had high hopes for Abhisit, but how can the government claim to be democratic when it behaves in this way? It seems the elites are just running riot and ordinary Thais are keeping their heads down and hoping for peace. What’s that saying about what to do when the elephants rumble in the jungle?
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Michael Secomb says the pro-Thaksin red shirts have made things worse. I think the Democrats are doing it all themselves, following in the trail left by their yellow-shirted foot soldiers. At least internationally, the red shirts have had little coverage to date; perhaps this is because they are exceptionally quiet of late.
BTW, Thai International have not cut fares where I am but they have cut services. Are they in grave financial trouble?
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“Ralph Kramden”:
The international media business only pays attention when something large happens in Thailand. Peaceful protests, no injured or dead protesters do not make news.
I have not seen Red Shirts making things worse either, after Abhisit became Prime Minister. As long as they stay peaceful with their protests Thailand will only benefit. Unfortunately many of their opponents have difficulties to understand that peaceful protests do in fact function as a control mechanism in a democracy, and channelize discontent in a democratic way. The PAD once, in their early days, had such a role.
Only when such protests lead to military coups and attempts of violent takeovers the system will collapse. Instead of applying pressure to the majority of peaceful Red Shirt protesters the government and the military should let them be. Otherwise the more radical factions will get support.
What has made things much worse were the news about the Rohinya refugees, and Abhisit’s less than lukewarm response, especially given that only a few days previous he has put much emphasis on the rule of law. The Harry Nicolaides judgement made things definitely worse, and so did the case against Giles Ungpakorn.
After a brief period of grace, the foreign media is increasingly doubtful if Abhisit is actually following through with his promises stated in his speech at the event organized by the FCCT in the Intercontinental Hotel, or if he even has the power to do so.
The foreign media is also watching if the legal cases against PAD will come to court.
Increased frequency of statements in the Thai media that we foreigners “do not understand Thailand” are not encouraging either.
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the red shirts have had little coverage to date; perhaps this is because they are exceptionally quiet of late.
Quiet, apart from attacking monks and seeking favours from Burma & Singapore?
http://nganadeeleg.blogspot.com/2009/01/signs-that-red-shirts-pro-democracy.html
I wonder whether Jakrapob would rather be an activist in Burma or Singapore, instead of Thailand?
I agree, however, with the above posters, that the military and the Democrat Party are doing the most damage to the country, the monarchy, and the Democrat Party at the moment.
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In countries where the military and its purveyors form the strongest institution, the rule of law is inevitably weak. Public officials (Prime Minister, King, judges, academics etc.) and the rest of the country’s élite find themselves at once the captives and the accomplices of a vast criminal organisation. Though Abhisit is the latest example of the Patty Hearst Syndrome in politics, its application is much wider geographically and historically. Only properly functioning democracies are free of it, and when they decline it rears its ugly head. George W. Bush was an installed Patty Hearst, specially chosen because he was unlikely to wake up and do something about it.
Thaksin’s biggest mistake was to assume that his popularity allowed him to rise above his r├┤le as the military’s captive. Had he seduced his military allies/captors with even more luxury, he might still be Prime Minister.
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Another “peaceful” UDD protest?
Red-shirts take over PAD rally site
Some 2,000 red-shirt supporters of former prime minister Thaksin Shinawatra Saturday stormed through a security cordon of nearly 1,000 police officers to seize the stage of People’s Alliance for Democracy (PAD) demonstrators. The PAD’s Roi Et chapter had earlier announced a speech event, from 6pm Saturday, at Suan Somdet Phra Sinakarin Park. The red-shirts submitted a written objection on Friday to the Roi Et governor to stop the event. The red-shirts were led by former People Power Party MP Nisit Sinthuprai and Pheu Thai Party MPs Sakda Khongpetch, Kitti Somsab and Warawong Phansila. At 3pm Saturday some 2,000 red-shirts stormed through the police security cordon at the park and managed to seize the stage. This forced some 30 PAD supporters, who were preparing for the event, to remove signs, musical instruments and the whole stage in fear for their safety.
The Nation, 25 January 2009
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Oh no! The red shirts hit Santi Asoke people with footclappers, held tiny, peaceful rallies and wrote letters to foreign diplomats! Savages! Wasn’t it Santi Asoke people who were caught with a truckload of weapons in the good old days of PAD?
PADites seem tp remain active, threatening people and organisations they consider enemies.
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Mr Daid Reid, You are right.
“There is little hope for change from within Thailand. The only thing that can really be done to improve the situation is to get more international observers on the ground and for other countries to take a more outspoken approach in their diplomacy with Thailand.”
We, Thai people who are now fighting with the elites and the military for “democracy” really need your help. Please help us bring in true democracy and human right to our land.
Thai from USA
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Of course…even as a PAD-in-principle supporter, I find the PAD to have taken the same turn “they all take” here in Thailand – wanting to lead the parade, not wanting to work with others of slightly different mind, purposely twisting logic and truth to fit their purposes, etc. It’s just a Thai game, unfortunately, more than it is PAD.
A well known Thai intellectual told me recently that academics here in Thailand were afraid, and that was why they did not join together to fight this pogrom in court.
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Talking of the Thai government and human rights.
Has anyone else noticed that the Thai Global Network satellite TV channel, which is an offshoot of Thai Army Channel 5 in Thailand has just changed its style.
The channels style has been generally appropriate for overseas Thai wanting to keep in touch with Thai culture, general news and royal family activities. Not enough harder news about political movements, etc., for some.
Suddenly, from Sunday morning 25 Jan, we have what seem to be semi-erotic music videos on almost constant display… the display also includes spinning pokies style gambling wheels and a Jackpot motif
does this signal that Thailand’s porn and gambling industries are reopening for serious business?
have they or will they be legalised?
is it related to the appointment of Pornthiwa Nakasai as Commerce Minister, supposed owner, or daughter of the owner, of Poseidon?
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I’m sorry Mr. Anderson, but it seems that your PAD-bolstering academic friend are unlikely being deterred because they are passively afraid,
but rather they have been very actively PAiD.
The comprehensively aggressive elite-client strategy of coercion/deception has formed the underpinnings of the premeditated violence and provocation of PAD public outreach probably means your conveniently tongue tied professor buddies are sitting on a much heftier bundle than Wichai from the construction crew was delivering the physical blows to supplement the PAD cheap shots hurled from the ethically and intellectually bankrupt Thai ivory tower.
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Ralph Kramden:
Thai Airways International (THAI), which has 51% government ownership, admitted on Friday that the firm need 34 billion Thai baht to stay afloat, according to The Nation on Monday, January 26, 2009. This was followed by a call today by prominent economist Ammar Siamwalla that the entire board of directors should be sacked before the Finance Ministry bails them out with any more money. So it looks like they are indeed in grave financial difficulty. THAI lost Bt6.6 billion in the first 9 months of last year, and the 4th quarter losses are expected to reach annual net losses of over Bt9 billion. Among other blunders, they locked in paying $100 per barrel for jet fuel in a 9-month hedging contract from last July!
I am puzzled and disturbed to see no new media coverage in either the Bangkok Post or The Nation on any of the human rights issues discussed in this blog. There was a very meek opinion piece by Kavi Chongkittavorn backing Thailand’s call for a “focus-group” meeting of ASEAN nations on the Rohingya refugee issue in the January 26 Nation, but no coverage of the new photos and revelations by international media sources CNN, Time magazine, or InTheNews.co.uk.
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Can’t see Abhisit having the guts to take on the military over the Rohinya accusations. It would be commiting suicide, given Abhisit sneaked into the PM’s office with a wink and a nod from Gen. Anapong, the Army chief.
I wonder if the military is behind the pressure to crack down on public discussion using the les majeste laws?
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The new minister of ICT, the Ministry of Culture, the Ministry of Justice, and the Ministry of Foreign Affairs are making things pretty warm for journalists, academics, and other social critics in Thailand right now. There seems to be a chilling effect on both the news the news folks are willing to cover and the topics they are willing to comment upon. The Foreign Affairs Ministry just instructed Royal Thai embassies around the world to publicize to foreigners just how seriously the Thai government considers lese-majeste accusations, a move that I don’t think is going to cast Thailand in a very favorable light with potential tourists. These ministries are being led by … appointees of the Democrat led government, so while their aim may be to stiffle UDD dissent, they are giving Thailand a black eye with the international media and causing many expats to question how much longer they really want to spend living in Thailand. One academic I know, an Australian, said he would submit his review of the economic impact on tourism caused by the current troubles to his Thai university the day he gets on the airplane to head back home!
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Ahbisit’s admission that it appeared official elements had towed the Roohinya out to sea and abandoned them was refreshingly frank, but failed to go far enough. He says he’s trying to find out who did it. I wouldn’t hold your breath waiting. No-0ne is going to step forward and admit guilt.
Ahbisit’s statement that the refugees were fleeing economic not political persecution is a meaningless distinction since one of the ways the Burmese regime is accused of carrying out political persecution is to to punish people economically, such as by burning their villages, stealing their animals, destroying their crops and sowing poison in their land.
Ahbisit would know this perfectly well, of course, since he’s a very smart and outward-looking person. Unfortunately, he appears to be a prisoner of the competing powers in Thailand at the moment and, since he appears to owe his position at least partly to tacit military support for the Democrats and his power does not rest on a popular majority of votes, I guess we can expect to see him walking a tightrope for some time to come. Perhaps elections would be a good idea later this year – if they delivered a popular majority to Ahbisit and the Democrats, and did not result in a revival of the Thaksin faction, which is, of course, a very big danger.
It is, of course, true that Thailand has a perfect right to defend its borders and favour its citizens over refugees from neighbouring countries. But Thailand also has international obligations to observe, and right now the eyes of the world are not too impressed with what they’re seeing. In such an environment, my opinion is that les majeste prosecutions just make the current government look weak and desperate.
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