New Mandala has long sought to draw attention to the injustices of Thailand’s lese majeste law.
From Oliver Jufer and Harry Nicolaides, to Suwicha Thakor and Daranee “Da Torpedo” Charnchoengsilpakul, whenever a lese majeste case is prosecuted, and every time an outrageous sentence is proclaimed, we receive a tragic spike in readership. Outrage is voiced by those on all sides, and no sides, of our increasingly vociferous debates.
Whenever I am asked about contemporary Thai political matters, I try to explain that as the clock counts down to the end of King Bhumibol Adulyadej’s reign there are some obvious, but not entirely persuasive, reasons for continuing the draconian enforcement of the lese majeste law. Of course, the general idea is that it shields the palace from scrutiny of its unpublicised political and economic activities. Sympathetic observers claim that the royals are not in a position to defend themselves from critical jabs. There is also a sense that without drastic restrictions on what is considered appropriate public comment a barrage of information about the royal family, and particularly Crown Prince Vajiralongkorn, would mortally wound the institution.
I am unconvinced by these lines of argument but, then again, I am not entrusted with preserving the Chakri dynasty and all it represents. For those sitting in high-backed chairs in the Privy Council I’m sure there are very serious concerns about what might happen if tabloid journalism, the radical fringe and ordinary Thai citizens started to more openly mull over the future of the monarchy. From that perspective I can understand how, in an age-old cocktail, conservatism mixes with fear to keep renegades such as “Da Torpedo” locked up. Her incarceration sets a stern precedent. The palace has its reasons for keeping the lese majeste law in force.
But the more important question is something like this: does the abolition of the lese majeste law makes good sense for Thailand?
This is a question that could never be put to a vote in the kingdom. There is a small chance that even posing it here leaves me liable to hoary charges of lese majeste.
A democratic society benefits, in all sorts of ways, from a free press and the resulting opportunities to pass judgement on the performance of leaders. The lengthy sentences received by the likes of Suwicha and Daranee will simply drive these judgements underground until such time as they steam up and boil over into the public domain. The Internet guarantees that Daranee’s 18-year sentence will be drawn to the attention of hundreds of thousands of inquisitive Thais. If New Mandala’s traffic logs are anything to go by, they are increasingly finding their way to websites like this one. Many, no doubt, disagree with what we write. They will read and digest and make up their own minds. Some will take what they find online back to their offices, universities, farms, schools, hospitals, police stations, markets, and army bases, and all the other places where fresh news and gossip add extra elements to political discussions.
The Great Firewall of Chitralada can only be built so high.
For that reason, while New Mandala may have failed to get Taronga Zoo’s elephant named “Suwicha”, we are still more than prepared to provide an open forum to discuss these important issues.
These are discussions that have now been reignited by Daranee’s harsh sentence. Some months ago I suggested that “‘Da Torpedo’ remains a formidable weapon against the lese majeste law”. Her 18-year sentence, and her intention to appeal, gives me no reason to change that assessment.
What would happen if her appeal is allowed to be heard in an open court, with a full press corps prepared to report on every last word of proceedings?
UPDATE (1 September 2009): Broken links fixed. Thanks for pointing them out.
Thailand is a land of ‘make believe’ ‘immature’ democracy. Thais seem to only learn to believe and unquestioningly love the sacred truth of the Thai Nation, Monarchy and Religion, products of an ultranationalist despotic vision of society.If everything really is for the ‘karmic’ best in the kingdom, the best of possible sacred and all powerful institutions, then how , as scholar of Thai history Dave Streckfuss poses in his forthcoming work “Truth on Trial in Thailand” (Routledge, 2009), “can the institution of the monarchy be so utterly loved if it requires the most repressive lese majeste law the modern world has ever known?”. Ah yes…wake up Thais
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It is utterly barbaric to sentence anyone to 18 years in prison for insulting royalty. This has got to be bad for Thailand’s image, and tourism, and foreign investment and international trade, because it smacks of “Oriental despotism” of the most draconian sort. Right now the lese majeste law seems to be used primarily as a political weapon among the elites, but this may soon change and there appears to be an increasing level of frustration by the powers that be in the Privy Council that they are losing control and will need to crack down again. Plus, no one can really predict when the next foreigner will be arrested and charged.
A renewed period of repression seems to be in the offing. The floodgates will have to come crashing down when the Crown Prince assumes the throne, which is a virtual certainty, because there is so much gossip floating around Thailand about him that simply cannot be contained. Therefore one has to assume there will be hundreds of arrests in the next couple of years. An American friend reported a very surprising recent event to me: a Thai woman he had met in Chiang Mai took a picture of the Queen and drew an X across her face! And she did this in a public place! How many other red shirt supporters like this woman share her sentiments? It is scary to think about.
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Since the last years Lese Majeste has been applied against any opposition. At least as worrying is that the Internal Security Act is applied ever more often now as well. Is this an indication that the current elites finds it ever more difficult to maintain their positions? Why and what will be the background of the new elites?
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These ridiculously harsh sentences on LM are truly a disgrace to the Thai government. It’s just embarrassing!
@arthurson, Don’t you think that maybe, if the time comes, when ordinary (i.e. non politicians) citizens are getting thrown in jail en masse for insulting the royalty, it may lead to something good?
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@macca
I am not optimistic that mass arrests will change overall public attitudes. There are too many Thais who share the “serves them right” belief about those who fall afoul of LM. I hope I am wrong, but the justice system is seriously broken in Thailand, so I don’t see a solution coming out of well publicized court cases.
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I used to dread succession, largely because of the conventional wisdoms about the crown prince. But now it seems that Thailand needs it to happen because only then will they see the inherent fault in monarchy, that leaders are chosen by blood instead of merit. It’s a truth that many other nations arrived at last century, and Thailand’s delay was largely caused by the effectiveness of the current king and the mythology built around him by Sarit, the CIA, and others.
Deep inside I think many Thais know this is going to happen, and the current wave of extra love for the king is a symptom of the denial. The king, for example, has 37,000 supporters on his Facebook page. The crown prince has 214. (Notably Sirindhorn has no page at all). When the king passes the grief and sorrow we see will be not just for the loss of a man, but for the end of childhood.
Long Live The King. Because You Know What’s Next.
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So far no farang charged with LM has died in a Thai jail.
But let’s intelligently guess – from available evidence – what would
happen, if one did.
This is not at all fanciful. Nicolaides increasingly voiced concerns
about dying, or being killed, the longer he spent jailed.
Think back to the reaction in Australia when Chambers and Barlow were hung. And they were drug dealers, arguably deserving to die, according to much Australian opinion. Yet there was mounting anti-Asian violence in Australia in the wake of their hanging, spurred on by extreme right-wing groups.
Imagine what would happen if an Australian died for what in Australia would simply be considered the right of free speach, but in Thailand is LM.
The violence would likely be far more focused against the Thai elite overseas, than sporadic fire-bombing, etc. of small Asian restaurants. The economic damage could be collosall.
Or imagine if it was a a Brit. What a spur to the British National Party that would be. Or imagine if it was an American……..
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9 October 2009
Press release
New book – Lady Mo and Heroism at Tung Samrit
…the untold stories ISBN no. 978-616-90432-0-1
I want to announce availability of my new book, title as above, the end of this month (end October 2009). Please refer to the Korat Post website URL http://www.thekoratpost.com/bookreview.html, for purchase and shipping information. 99 Baht plus shipping.
This book is written around a translation of a local author’s pro-historical account (provided in English as he wrote it in Thai) heavily footnoted by myself, with additional information on Lady Mo from Korat-based and international sources. The book also contains full illustrations by the Thai author that tell the story of Lao’s last king and an important period of Siamese-Lao/SE Asia history.
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[…] to draw attention to the injustices that come with the enforcement of Thailand’s lese majeste law. As Andrew and I wrote last year, “[b]oth Suwicha Thakor and the baby elephant are going […]
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