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

Slowly Forward for Thailand’s Future Forward Party?


Partyforumseasia: Thailand’s ruling coalition under ex-general Prime Minister Prayut Chan-o-cha may have carefully observed the two recent examples in the immediate neighbourhood: The bad one in Malaysia, where PM Najib Razak was defeated by the opposition and is facing 42 counts of breach of trust and money laundering in court. The other neighbour, PM Hun Sen in Cambodia, has simply eclipsed the opposition and the threat of losing the next election by asking the constitutional court to dissolve the Cambodia National Rescue Party.
Starting after the March 2019 election in Thailand with the proverbial wafer thin majority of his coalition with altogether 19 parties, some of them with one seat only, the Prime Minister did not hesitate to weaken the opposition. The first victim was Thanathorn Juangroongruangkit, leader of the Future Forward Party, the youngest and surprisingly third strongest party winning 81 seats in parliament,  behind Pheu Thai with 136 seats, and PM Prayut’s Palang Pracharath Party with 116. Future Forward was a big success among the younger generation, and its leader Thanatorn, a 41-year-old auto part and media tycoon, is most popular. A poll published by Thailand’s National Institute of Development Administration (NIDA) beginning of January, saw Thanathorn and his party as the most promising next Prime Minister and FFP as ruling party, which must have been an alarm signal for the Prayut-Government. Thanathorn lost his mandate for several technicalities prohibited by the Election Commission and was disqualified by the Constitutional Court already in November 2019, but the next hit was already coming:

A lawyer had filed a complaint against Future Forward for trying to FFP logooverthrow the monarchy, and (sic!) alleged that the party is linked to the Illuminati, an occult group seeking world domination. The FFP logo, he argued, looks suspiciouly similar to the Illuminatis’ all seeing eye…

Fortunately for its own and the image of Thailand, the Constitutional Court, yesterday, 21st January, dismissed both allegations. The party was not dissolved, but should be cautious. Immediately after the acquittal, jubilant supporters were chanting “Future Forward Party, fight, fight! Gen Prayut, get out! Dictatorship collapse, long live democracy.’’ The government and the military-monarchist bloc won’t like and won’t forget that.

                                                                                                  Wolfgang Sachsenröder

 

Expectations, Skepticism, and Hope among Thailand’s Political Parties


Partyforumseasia: Thailand’s political history has not been “smooth as silk”, as the tourism promoting slogan tried to characterize the country. Since the end of the absolute monarchy, in1932, there were seven failed and eleven successful military coups, the last one in May 2014. Since then, under Prime Minister and former general Prayut Chan-o-cha, a junta called the National Council for Peace and Order (NCPO) has banned activities of the political parties, but promised the eventual return to democracy. The volatile and splintered party landscape had produced massive unrest and turmoil since, in 1998, Thaksin Shinawatra founded the Thai Rak Thai Party which swept him to power in 2001. The ingredients of his meteoric rise were lots of money and a hitherto neglected voter base in the poor North and Northeast. The political establishment, aka Bangkok elite, did everything to fight Thaksin. His party was banned by the constitutional court, but survived in re-incarnations. The second one is still around as Puea Thai or Pheu Thai, and the third one surfaced only a few days ago, on 7 November, under the name of Thai Raksa Chart Party.

The much anticipated return to civil rule has been delayed until now, promised elections were postponed, but a new constitution and many institutional changes have been implemented in the meantime. To be fair, though, the NCPO-junta-regime has at least managed a smooth royal transition from the revered King Bhumibol to his less popular son Vajiralongkorn, for which internal and external pundits had predicted turmoil and uprising.

Sensing the popular expectations, PM Prayut has now hinted that the polls might be held on 24th February 2019. Deputy Prime Minister (and Defense Minister) Gen. Prawit Wongsuwon, has informed the impatient parties that the partially relaxed ban on political activities will be lifted, once a new election law for the national parliament will be enacted on 12th December, followed by a royal decree to confirm the election date.
Here are some glimpses into the preparations of the main competitors:

The Democrat Party, founded in 1946, is the oldest political party, and has played an important role since. The liberal-conservative party opposed military rule already in the 1990s, led government coalitions several times, but had no chance against Thaksin Shinawatra’s power and money politics. Its leader since 2005, Abhisit Vejjajiva, re-elected last week, was Prime Minister from 2008 to 2011. The Democrats are strong with a well established party organization and with a solid power base in the South and in Bangkok. The party machinery is well prepared for the campaign.

The Puea Thai Party has just elected a new chairman, Viroj Pao-in, a retired police Puea Thai leadergeneral. The problem of the party is the looming uncertainty whether the junta or the courts might dissolve it before the election, because they suspect the exiled former leader, Thaksin Shinawatra, to pull the strings from his exile in Dubai. Puea Thai and connected groups, supported by the so-called United Front for Democracy Against Dictatorship, or Red Shirts, have won the last five elections and were only stopped by the courts and the military,

Another ally in the “pro democracy camp” is the Future Forward Party, led by young tycoon Thanathorn Juangroongruangkit.

But there is also a new kid on the block, the recently founded Thai Raksa Chart Party. Observers in Thailand suspect that this third re-incarnation of Thaksin’s Thai Rak Thai is the plan B or safety net in case the Puea Thai should be dissolved. Marketing themselves as “political young blood” politicians, the core members and leaders come predominantly from political families related to Thaksin, including party leader Preechapol Pongpanich. Whether this new group is fighting fit for a nationwide campaign remains to be seen.

This year alone, more than 30 new parties have applied for registration with the Election Commission, in addition to the about 16 established ones. As mentioned, Thailand’s  party landscape is volatile and splintered, and at the same time dynamic and flexible. The main fault line, however, is the social and political divide between urban royalists, known as the “yellow shirts”, and Thaksin’s supporters and his rural support base, the “red shirts”.

High hopes on a return to civil rule and liberal democracy may be premature. The determination of Prime Minister Prayut and his military backing to keep in control  should not be underestimated. The “precautions” of the military in neighboring Myanmar to control Aung San Suu Kyi’s civilian government should be a warning.

 

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