Rule of Law and Rule by Law in Thailand


Partyforumseasia: As the saying goes, the difference between optimists and pessimists is, that the pessimist is often better informed. All optimism, guesses, and hopes vanished Friday afternoon, when Thailand’s Constitutional Court dissolved the Future Forward Party (FFP) and banned eleven of its leaders from politics for ten years. With the support of 70 % of the first-time voters, the young party had won 81 seats in the 2019 election, but some MPs had switched to other parties in the meantime. After the dissolution, the 64 remaining parliamentarians have 60 days to join another party if they want to maintain their mandate. In Thailand’s  very special political culture with its extremely volatile party system, FFP could well reinvent itself and reincarnate under a different name. That happened already twice to exiled former prime minister Thaksin Shinawatra’s party which was dissolved twice and emerged as the second biggest party last year under a new name.
The unrelented attacks on Future Forward after the unexpected election success do not come as a surprise. For the initially wafer-thin Majority of Prime Minister Prayuth chan-o-cha’s ruling coalition and the conservative Thai establishment, the young party is obviously a threat to the fragile political stability. Whether the suppression approach is wise or not, it also reveals a military mindset behind. Enemies have to be crushed decisively, and the two reincarnations and continuing success of the Thaksin parties are a warning not to be too lenient.

How did the Constitutional Court justify the dissolution?
In December last year, the Election Commission (EC) had requested the Court to disband Future Forward, because it had accepted a loan of 191 m THB (approx. 6 m USD) from its billionaire leader Thanatorn Juangroongruangkit. The cited section 62 of the Organic Law on Political Parties does not mention loans among the list of legitimate sources of funding, but it does not exclude them as illegal either. The Constitutional Court, anyway, followed the EC and dissolved the party. The reactions in the domestic debate are rather blunt. The Bangkok Post, on Friday, related that a least 32 political parties had funded parts of their election campaigns with loans, adding that there is a long list of cases showing the incompetence and partiality of the EC, and that its reputation has arrived at the lowest possible point. Other critics from the academia denounce party dissolution as just another form of coup d’état.

22 February 2020   by Wolfgang Sachsenröder

Thailand’s Future Without Military Coups?


Partyforumseasia:  In several Southeast Asian countries, English language  newspapers are normally supposed to be less dangerous than the vernacular ones. That is true in Thailand  like in other  countries with control-minded governments and a strong military behind it. The Bangkok Post, one of two big national newspapers in English, dared to publish a relatively friendly comment on 10 February about a “Thai dream”, a Thailand without military coups. Such a dream  wouldn’t be possible in many other countries for simply being unnecessary. (Link) 

Party leader Thanatorn (left) and secretary general Piyabutr


But Thailand, despite her friendly people and easy-going image abroad, has a rather dark record of military involvement in state matters and a long list of civilian governments toppled by the army. The first one, in 1932, changed the absolute monarchy into a constitutional one. And since then, at least every five to six years, the Thai military staged a coup, most of them successful.
The recent transition to civil government, headed by former general and junta leader Prayut Chan-o-cha, is obviously not being taken at face value by considerable parts of the population, especially by the Future Forward Party (FFP) and its predominantly young voter base. In the 2019 election, 70 % of the first-time voters supported the FFP. So the “dream” of a Thailand without coups, promoted by co-founder and secretary general of the party, Piyabutr Saengkanokkul, does make waves in the domestic debate. Khun Piyabutr was a professor for constitutional law at Thammasat University with an impressive list of publications, and is now a member of parliament and known as “chief ideologue” of the party. He suggests to start with a parliamentary panel to search for instruments to prevent coups. As a law expert he also wants changes to constitution and criminal code to prevent impunity for the coup leaders and repression against their victims, like imprisonment of politicians opposing the military involvement.

The Bangkok Post article by former editor Veera Prateepchaikul starts with caution, talking first about the defenders of the military: “It’s wishful thinking, an ideal that will never be achieved.” But his conclusion is the advice to be open-minded and think about possibilities to reach this so far elusive goal. With the wafer thin parliamentary majority and volatility of the ruling coalition recently slightly stabilizing, mainly due to party hopping MPs, Future Forward might evade the formal dissolution, its Damocles sword since the unexpected election success. The party’s leader, Thanatorn has already been stripped of the mandate he won last year, but Piyabutr is still in. His political career may depend on the perception of the Prayut government how dangerous he is or can be in the future.

Wolfgang Sachsenröder

A New Multi-Party Democracy in Thailand?


Partyforumseasia: Since the Thai military ousted the Yingluck Shinawatra / Pheu Thai government in May 2014, party political activities were banned. Promises to re-establish democracy by holding elections were superseded by new promises and delays. YingluckBut junta leader and Prime Minister Prayut Chan-o-cha, feeling the growing frustration of the prohibited voters, has finally announced that the election will be held “no later than February 2019”. This means that there is still a year for preparations on all sides of the broad political spectrum which includes the military and several supporters who want to prevent a return to the tumultuous contestation which triggered the military coup, and especially a return of the Shinwatra clan.

Since 1 March, in preparation of the election, the Election Commission has started to accept applications for new parties, after no less than 114 groups have expressed their interest to apply. By Friday, 2 March, 38 applications had been submitted with their party name and logo, among them many newcomers. More than any other country in the region and beyond, the Thai party scene has been volatile with ever changing parties and coalitions as well as “reincarnations” of parties dissolved or banned by the courts. Registration is possible until end of March, and the Election Commission will have another 30 days for vetting and approval.

The expected playing field for the upcoming election will see at least three distinct party types. One will support the continuation of military supervision and “law and order”. Observers believe that the acting Prime Minister has ambitions to continue, which would be possible even is he is not elected, by a provision in the military-drafted new constitution through appointment by parliament. PM Prayut is being supported by several new parties, namely the “Reform People Party”, the “For Thai Nation Party”, the “Public State Party”, and “The Great Mass of People Party”. The latter has been

Suthep
Thaugsuban

initiated by veteran politician Suthep Thaugsuban, the controversial driving force behind the street turmoil in Bangkok in January 2014, to which he reportedly contributed funds from his own wealth. (see our related post “Who is funding Bangkok’s street protests” here LINK).

Another group will count on the new proportional representation system in the party law to get a few seats in the new parliament. Some of them might get cabinet posts as free-riders in case they are needed for a coalition government.

The third group may try to offer an alternative to the “old” parties. The chances of the oldest Thai political party, the Democrat Party, with its pro-establishment, though anti-military image might be difficult to gauge. Rumors that nearly 80 year-old Chuan Leekpai who was Prime Minister twice in the 1990’s would run again don’t sound too realistic. But the former Prime Ministers Thaksin Shinawatra and his sister Yingluck still enjoy massive support from their former voters and try to be visible in the media. Be sure, though, that the military will do anything it takes to prevent them from returning.

YingluckThaksin Shinawatra, Prime Minister 2001 – 2006
Yingluck Shinawatra, Prime Minister 2011 – 2014