Saturday, 20 March 2010

Thai rights

There has been some discussion recently as to whether the Thai constitution (2007 version) guarantees the rights of all persons, or just Thais. This is, in fact, a minor issue when compared with the special rights that some Thais have created for themselves, and which the rest of world knows nothing about.

Yesterday’s leader in the Bangkok Post quotes Santi Vilassakdanont, President of the Federation of Thai Industries, on a proposed bill to give parliament the power to summon witnesses to testify before House or Senate committees and to punish them if they fail to comply. Khun Santi, like the Bangkok Post, objects to this bill. He argues that it violates one of ‘the individual's basic rights’. This is the well-established ‘right to keep industrial secrets confidential’.

Now leaving aside the question as to whether this is, as Khun Santi affirms, the right of an individual rather than of a corporate body, I have searched the various UN human rights conventions for any sign of this right. And searched in vain.

At the same time, Pol Lt-Gen Somkid Boonthanom, commissioner of the Provincial Police Region 5, who has just been charged with involvement in the murder 19 years ago of Saudi Arabian businessman Mohammad al-Ruwaili, takes a different tack on the right to confidentiality. The accusation against him, he claims, stems from the fact that the Department of Special Investigation ‘lacked transparency’ in not allowing him to meet a witness against him. And he has called on the National Anti-Corruption Commission to investigate the DSI. (It is not yet clear who will, in turn, investigate the NACC.)

This seems to refer to the right of accused criminals to have access to all and any information from police investigations. So for example, a hired gun under investigation for murder has the right to know the identity of any eye-witness the police have found. So that he can then exercise the right to go out and bump that person off as well, one assumes. Again, this right to know exactly which tracks need to be covered up is one that the UN has inexplicably forgotten about.

Thailand enjoys many such unusual rights, though it seems that you need to hold a position of some importance to exercise most of them. And this week, it sadly lost one of its greatest fabricators and virulent upholders of extraordinary rights through the demise of former Prime Minister Samak Sundaravej.

He was exceptionally careless about the rights that the rest of the world holds dear. He played an important role in triggering the October 6 massacre and served loyally as Interior Minister in the subsequent authoritarian government of now Privy Councillor Thanin Kraivixien, when the rights to freedom of expression, to freedom of peaceful assembly, to a fair and public trial and so on were routinely ignored. But he was resolute in devising new rights.

There is, for example, the right to re-write history as one remembers it. According to Samak, and no one else, only one ‘unlucky’ student died on 6 October 1976. This right trumps any documentary evidence to the contrary. So unless you were personally there, you cannot challenge Samak’s right to concoct history based on his personal recollection. Application of this right means that history will be whatever the last living Alzheimer’s sufferer remembers it to be. This is of course extremely useful in a society where inconvenient truths are especially unwelcome and where whistle-blowing is best left to parking attendants.

And while politicians the world over have perfected the art of not answering questions from the media, Samak created the right to do this by in turn asking the offending reporter about her recent sexual activity. He also famously insisted on the right of Prime Ministers to spend half an hour in a public toilet without reporters waiting for him outside. (It has never been explained why a Prime Minister needs half an hour to do whatever it is they do in a public toilet and no Prime Minister since is known to have exercised this right.)

But perhaps most of all, Samak has established the right of all Thai political leaders to spend a career justifying murder, jailing opponents, shutting down the media and foul-mouthing anyone with the temerity to question them, and still be described, as his successor as PM Somchai described him, as ‘devoting his life to democracy’.

 

About author: Bangkokians with long memories may remember his irreverent column in The Nation in the 1980's. During his period of enforced silence since then, he was variously reported as participating in a 999-day meditation retreat in a hill-top monastery in Mae Hong Son (he gave up after 998 days), as the Special Rapporteur for Satire of the UN High Commission for Human Rights, and as understudy for the male lead in the long-running ‘Pussies -not the Musical' at the Neasden International Palladium (formerly Park Lane Empire).

Comments

Every once in awhile you

Every once in awhile you write a really "decent" article HG. Well said. And I am not implying that your other stuff is in anyway "indecent". I just like this stuff better. Even though there's nothing funny about it. Life is actually not a joke, or a least I prefer not to consider it so.

Congratulations and thanks,

Congratulations and thanks, H.G. A very fine piece, and very funny - in a satisfying & thoroughly appropriate, twisted sort of way.

Thanks (again) HG, for

Thanks (again) HG, for reminding me of the 'unique' right to be mass-murdered for more than thirty years with all the perpetrators walk away with impunity. The minimum requirement for this privilege is 'Thai style democracy' or something worse. It's something unimaginable to westerners. Some perpetrators even get 'praise' and well respected, that's wonderful, isn't it?

This kind of ludicrousness is strictly reserved for certain countries only. So proud to be in one of them.

I'd just like to say that 30

I'd just like to say that 30 years ago both US and UK troops were involved in the unlawful killing of civilians of their own countries too. Please don't make out that Thailand is any way worse than other nations. The tendency of the powerful to cover their tracks and fail to be held accountable for violence and corruption is an issue as old as written history too. Let's keep things in perspective and not get parochial.

You're right, of course,

You're right, of course, regarding U.S. & U.K. I'd say re. U.S., 'agencies of the state', because the C.I.A. has also done a lot of that, according to various Senate, etc., inquiries, & I assume that you're referring to Northern Ireland re. U.K. A lot of this has been the subject of much media attention, law suits, loud public protests, etc. And so it should have been. That's all undeniable.

I'm not sure why you are pointing this out in this discussion, which is specifically about Thailand, however. I can't agree with the implication that we shouldn't be making a noise because Thailand isn't in "any way worse than other other nations." In those other nations that have done things like this (& that certainly doesn't include every nation, in recent history), at least there is a relatively free MSM, there are legal processes that enable some kind of justice in many cases, discussion takes place openly & fearlessly, & many members of the populace care about such issues enough to set up civil society organisations to act as watchdogs - & the state must allow that. Here, these conditions don't apply, to any meaningful extent, yet.

I believe that this is 'keeping things in perspective'. As Jefferson said, "The price of freedom is eternal vigilance."

You're correct, Ashley. The

You're correct, Ashley. The Thai "elites" only murder the people in Thailand.

The USA killed 3 million Vietnamese some thirty years ago. Henry Kissinger was awarded the Nobel Peace Prize for his efforts. Barack Obama defends the use of landmines... still killing Laos and Cambodians every day.

During the Nuremberg trial, the chief American prosecutor, Robert H. Jackson, stated:

To initiate a war of aggression, therefore, is not only an international crime; it is the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole.

Six decades later, the USA is responsible for a million deaths in Iraq and the destruction of that country as well. Our Nobel Peace Prize laureate president escalates his own unholy war as I write.

Vietnam, Lao, Cambodia, Iraq, Iran, Afghanistan... these countries were laid waste and destroyed for naught but the benefit of the arms driven economy of the USA. It's a crime coming and going.

Every gun that is fired, every warship launched, every rocket fired signifies, in the final sense, a theft from those who hunger and are not fed, those who are cold and not clothed. This world in arms is not spending money alone. It is spending the sweat of its laborers, the genius of its scientists, the hope of its children...”

Dwight D. Eisenhower, April 16, 1953. The theft continues unabated, institutionalized, to this day.

According to reports, the US Marines in Afghanistan use 800,000 gallons of gasoline per day. At $400 per gallon, that comes to a $320,000,000 daily fuel bill for the Marines alone. Only a country totally out of control would squander resources in this way.

We're not only profligately burning ours and the world's resources at an horrific rate, the goal of this profligacy is the murder of innocent Afghans of all genders and ages and the destruction of Afghanistan.

We the American people can end this nightmare much more easily than the Thai people can end theirs, yet we cannot be bothered to stoop down and pick up the tools of democracy and do so.

So who, ultimately, are the War Criminals in a democracy?

Please don't make out that

Please don't make out that Thailand is any way worse than other nation.

This is what Michael jumped on and he's not at all wrong to do so. This is the tack taken by the Neocons in the USA under Bush/Cheney... "Hey, we're not as bad as the Nazis..." and by the defenders of Israeli's genocide in Palestine... "Hey, look who's talking. Who killed all the American Indians and stole their land?!"

Someone else's crime can never "justify" one's own. My mother taught me that at a "tender" age. It seems to be a natural proclivity of immature minds to seize upon this excuse. Or to hold it out for other immature minds to eagerly grasp hold of, in defense of their own recalcitrance.

But I'm sure you did not mean to push the argument to its extreme as do those cited above, Ashley. I'm sure you merely meant to remind all the non-Thais here that we are criticizing our human shortcomings, not our Thai shortcomings.

Ashley: In 1970, four

Ashley: In 1970, four students were shot dead by the national guards in Ken state, Ohio. Nixon was tied up with the incident til this day. In your opinion, what's the appropriate reaction to the massacre that caused hundred of lives, torturing with all kind of brutality unimaginable to any civilized society? How can Thais move forwards, towards civil society, when the masses are hardly aware of the fact concerning such incident ? I might look obcessive in your eyes, but I won't stop until the truth is brought up into light. As Thongchai stated many times before, we do not seek vengeance, we want Thais to learn this lesson. Is there anything wrong with this kind of attitude?

BTW, I'm a Thai, in case you're not already aware of.

I like yr humour here Dr J.

I like yr humour here Dr J. many times (dark) humour can challenge things and encourage people to think and be more aware much more than violence (i.e like the one Myth seemed to embrace a few days back, verbally at least).

Wonder where is Plaadip. he

Wonder where is Plaadip. he never seems to miss posting a comment or two when there's a new article by HG.

Joy, thank you for

Joy, thank you for remembering me. I'm just reading it because I don't know much about the theme, so have nothing to add on the discussion. And some posters seems to have first-hand information on the events. Very interesting reading!

Sorry for off -topic comment:

Sorry for off -topic comment: but very nice to hear from u Plaadip:-) (not just me, Hobby has been mentioning yr absence too) BTW, one of my students has both a Japanese name and surname and he looks Japanese . However, he speaks Thai like a Thai, been in Thailand since he was born , he said.

Frank Anderson's latest

Frank Anderson's latest article is a nice companian piece for HG's.

I admire how JFL (and Frank) can remain so serious about life - I am unable to sustain such an attitute for long without getting depressed, so I need to treat it as a joke sometimes, just to cope.
(unfortunately its often a sick joke - and not only regarding Thai politics:)

" Application of this right

" Application of this right means that history will be whatever the last living Alzheimer’s sufferer remembers it to be...'
this is a really good article IMO.
Articles or comments in Thai related to this late politician are limited to either praising him or saying something abt forgiveness/letting go of grudges/anger against someone who has passed away, but i suppose such a controversial public figure is subjected to scrutiny even after he no longer exists in this world (of course not in a way that dehumanize or him but rather to tell the truth/realities abt him rather than endowing him with false praises).

Thanks for the link Hobby.

Thanks for the link Hobby. Here is from the article u linked to:
"Such was the case when the son of Thailand's former Minister of Interior Chalerm Yubamrung flew the coop after allegedly shooting and killing a police officer at Bangkok’s Club 20 in 2001. The son, Duang Yubamrung, escaped to Malaysia, and told the Thai media he wanted to wait until Thai society reformed and learned how to deal with the “truth” before he came back."

I actually used the word 'truth' in my earlier post!!!Is this ironic (or maybe an ironic coincidence)? (or maybe i use 'ironic' in the wrong sense? Never knows what this word exactly mean.

Maybe StanG knows another

Maybe StanG knows another version of the truth?
:)

From StanG's latest post

From StanG's latest post linked to by Hobby: '.Something happened in those three years between 1973 and 1976 that turned public opinion in a completely opposite direction. So far I’ve heard only the student side of the story, the “prosecution”. I’ve yet to see “defense” arguments. I think it’s quite plausible that Samak’s role in those event shouldn’t be demonized, as I myself have done in the past. It is unacceptable now, but in those days, over thirty years ago, it could have looked entirely different and, perhaps, the judgment should be reserved until more information is available.

...
I find StanG;s article very interesting but i'm not sure i agree with the above lines... but i guess u have to read his whole article first."someting happened in those 3 years"???? Did they happen bec of propaganda? largely because of the fear of losing power on the part of the powers-that-be??? well..even if the fear is not that unfounded, to murder so many people in such a ruthless way is totally wrong.

I expect Stang would respond

I expect Stang would respond by arguing that i took those lines of his out of context ... He might say he didn';t justify the killing but was trying to present a more 'human' and 'balanced' pic of Samak.. this i sort of agree with (bec Samak is /was a human being after all) but i feel there's something between the line abt some sort of justification for what people like Thanom/prapas (or samak??) had done or conceded to..

Because of propaganda, yes,

Because of propaganda, yes, but the society was more than ready to embrace it. I've put up a new post about Samak's popularity on my blog. It's quite long to fit in comments here.

StanG/Trep posted the

StanG/Trep posted the following in a comment on my blog:
"there are 65 million people in this country, there must be full political spectrum, and they all must be given a place to say what they want"

Is that reason for us to hope he is beginning to 'see the light'?
:)

Meanwhile the largest party

Meanwhile the largest party in Swiss parliament wins the referendum to outlaw minarets and demand withdrawal of citizenship of those who openly defend Islamic values.

A week ago Google was asked to at least tweak their search results so that photoshopped images of Michelle Obama wouldn't be at the top of the page.

And lets not forget people of France who can't display any signs of their religious affiliation on state property. French simply voted it out.

And here in Thailand they still enforce their old LM laws and get a rap for it.

Back to your old tricks,

Back to your old tricks, Trep?
Firstly, this is a Thai related forum, so its the wrong place to be looking for other countries to be 'getting a rap'.
Secondly, I'm wondering if 18 year jail terms are being handed out in those other countries (after secret trials) ?

I don't want to discuss those

I don't want to discuss those other countries either, just to put some "international" perspective on the state of Thai rights.

If they can convince Swiss people to ban minarets(?!?) in 2009, what to expect from Thai population brainwashed in the early 70s?

For now I can't imagine any kind of silly legislation like this even being considered here.

btw, I think perhaps a little

btw, I think perhaps a little more understanding can be given regarding Samak's toilet antics, knowing as we do now the obvious seriousness of his illness.

Thanks Joy, though I myself

Thanks Joy, though I myself find it's hard to recognise the humourous part of my comment. It's one of the few things in my life that's can't be easily let go.

Regarding stanG's article, I have a lot of arguements. Samak's comment concerning the Oct 76 massacre was not a white lie, though the whole world had already known what's exactly happenning that day. He needed some rationalization to keep his ego intact, even lying to himself sometimes. For the tyrants trio(Thanom, Prapas, Narong), they weren't demonized overnight by some students. Actually they're ousted by their rivals esp. those generals in the same army who kept their dissents towards the trio for years. In other word, there's an unannounced coup in Oct 73, that getting rid the trio NOT the masses uprise.

I agree with StanG for one thing, everybody has good parts and bad parts. For Samak, his good parts are, he's a man of his words, a family man, his straightforwardness. He's going to 'live' in my thought til I'm done. He's already had a place in my personal historybook, one of my (personal) legend of all time.

Whilst it's not a laughing

Whilst it's not a laughing matter, I did detect a note of sarcasm is you oriiginal comment Dr J - perhaps that was the 'humour' Joy was referring to?

: )

: )

From the evidence available

From the evidence available (posts on Prachatai, NM, & his own 'tabloid' blog), StanG is a deeply shallow person, an obsessive, always on the attack & usually (when he tries to support his 'arguments') with points which misfire (e.g. his justifications for LM abuses, his attack re. the date of the computer crimes law, his current sniping at Nick Nostitz on NM), who seems to be motivated only by a desire to establish a reputation as a fearless social critic who will not be swayed by the 'sentimentality' & 'flakiness' of the HR brigade and other liberals, & is gifted with a vision that is contrary & superior to that of primary witnesses & scholars who have spent years studying the issues & working in the field. He is in fact an intellectual bimbo.

To attempt to excuse to any degree the massacres, rape & torture of innocent Thai people in 73 and 76 by suggesting that there may be a 'defense' argument (which, more than 30 years later, has not been given), when there is ample evidence right out in the open, despite attempts to suppress it, to support the 'prosecution', is pathetically ludicrous. It has been admitted that a photo, the key trigger to the massacre of innocent students, was doctored. The person in question was chanting "kill them, kill them" on the radio, it has been reliably (we are told) reported, over & over again. "perhaps, the judgment should be reserved until more information is available" - bollocks!

I don't agree with the 'demonization' of anyone. It's unrealistic. Nobody's life is filled with 100% evil actions, & the polarization which results from demonizing often prevents looking at the complexity of such issues, as well as hiding the fact that many others are always involved. I also believe that forgiveness (letting go of resentment & condemnation) is a practical measure - but it's very difficult to forgive a perpetrator who will not confess because they cannot conceive of guilt.

There must be defense

There must be defense argument for millions of Thais who supported the establishment and even joined Krating Daeng and Nawapol but who didn't personally participate in any violence.

To what degree do you hold them responsible for the massacre? To what degree the society should hold them responsible? Or maybe they WERE the society? Who should be the judge administering justice then? The UN?

>>>

I do not know if Samak screamed "kill them, kill them" on the radio, I've never seen exact content of his speeches.

StanG: Where is your

StanG:

Where is your evidence for saying "millions of Thais ... supported the establishment and even joined Krating Daeng and Nawapol" in the '70s?

On your blog (as quoted here) you said: "Something happened in those three years between 1973 and 1976 that turned public opinion in a completely opposite direction." Where is your evidence that "public opinion" supported the '76 military/police actions?

What "happened in those three years" was a dramatic increase in democratic behavior and free expression of political ideas, which the military and conservatives didn't like. It didn't "turn[] public opinion in a completely opposite direction," it prompted the ones with the guns to decide to roll things back to pre-1973 -- public opinion be damned.

You have an odd attraction to the vague notion of "public opinion", as if it supports everything that happens. Just because millions of people currently support the Democrats doesn't mean they support, for example, the government's recent crackdown on free speech through draconian censorship laws, or, for another example, the nationalist rants against Cambodia. Just because the military decided to roll back democracy in 1976 doesn't mean "public opinion" was behind them.

I don't believe you need any

I don't believe you need any evidence that student movement in 1976 was in a tiny minority, both before the massacre and after, when they took the arms and joined Maoist insurgency.

I mean - what better justification could they give to Samak for his pre-massacre speeches about them being rebellious commies?

StanG: I didn't ask you about

StanG:

I didn't ask you about evidence that the students were in a "tiny minority". I asked you for evidence for your statement that "millions of Thais ... supported the establishment and even joined Krating Daeng and Nawapol" in the '70s. Apparently you have no evidence for your statement.

But now I'll ask you what evidence you have that the students were a "tiny minority" -- even though you say you need no evidence for that assertion. A "tiny minority" of Thais wanted to protect democracy and freedom of expression? Do you really believe that?

Also, what's your evidence that all the students "took the arms and joined Maoist insurgency"? Certainly some did, but if you think all the students at Thammasat were communists and that their protests were only about promoting communism, you really need to go back to the history books.

Even if they were all communists, do you really think that justified government officials encouraging people to "kill them"?

StanG/Trep says, "I do not

StanG/Trep says, "I do not know if Samak screamed "kill them, kill them" on the radio...", twisting words yet again. I didn't say "screaming"; I said "chanting". I have never heard or read a report that said he was screaming.

StanG/Trep is currently being thoroughly barbecued @ New Mandala for similar crimes: http://asiapacific.anu.edu.au/newmandala/2009/11/16/saturday-red-sunday-yellow-the-temperature-rises-again/

Such obsessive nitpickery by a novice, should not go unrewarded. I predict that he will end up being tried for Crimes Against Humility.

StanG's "Public opinion" I

StanG's "Public opinion" I suspect, is his personal interpretation of events relayed by Thailand's State controlled media.It seems that StanG believes everthing his masters tell him?

In 1973 half a million people

In 1973 half a million people took to the streets and the military was doing the shootings.

In 1976 only about 4,000 students were at Thammasat and the killings were perpetrated by fellow Thais, the army and police stood by and watched.

Every account of those years I've seen admits that anti-communist propaganda centered on protecting the nation and the monarchy had a mass appeal, the country had a population of about 40 million.

Every account also says that students were branded as "commies" unfairly, but it didn't help their cause when they actually took the arms and went into the jungle.

It doesn't matter that not all of the survivors joined CPT, I bet it was enough for Samak to say "I told you so".

Michael, I don't care if Samak screamed or chanted, I want to know if he really say "kill them".

StanG: The army and police

StanG: The army and police didn't exactly "stand by and watch". They blocked the exits from Thammasat so the students inside were sitting ducks for their "fellow Thais." The military also fired on students trying to escape by way of the river.

You talk as though the students "took the arms and went into the jungle" as if their whole goal from the outset was to join a communist resistance. In fact, the "survivors" fled into the jungle to escape the torture and murder being inflicted on their colleagues. Have you seen the photos of dead students hanging from the trees around Sanam Luang?

Are you going to answer my original questions? --
--Where is your evidence for saying "millions of Thais ... supported the establishment and even joined Krating Daeng and Nawapol" in the '70s?
and
--Where is your evidence that "public opinion" supported the '76 military/police actions?

StanG: In 1976 only about

StanG:

In 1976 only about 4,000 students were at Thammasat and the killings were perpetrated by fellow Thais, the army and police stood by and watched

Those fellow Thais of yours must had been fully armed and had had loads of military arms. For there were thousands and thousands of bullet-holes in the walls all around Thammasat, apart from countless bombs. These fellow Thais did had the capability comparable to the Thai army, I can assure you as a living witness of the scene. Some police officers did fire into Thammasat, there're a lot of film footages recorded.

Every account also says that students were branded as "commies" unfairly, but it didn't help their cause when they actually took the arms and went into the jungle.

Students were FORCED to join the CPT in the jungle, because they had no other choices left. After the massacre, all those who survived the incident were under tight scrutiny, being constantly watched, followed 24/7, from homes to schools, to colleges, to everywhere they went. They fled for their lives.

Though communism and socialism were interested, studied, discussed among students. That's just an expression of freedom, after decades of oppression. Only a handful of them were genuine enthusiasts.

Samak and many other ultraroyalists at that time didn't say "kill them"(except Kittivutho ). Just simply ranting their propagandas relentlessly, claiming these students were commy, the country was on the verge of communist's siege. What should fellow compatriots do? Get rid the threat. Was "killing" also a way to eliminate the threat too? So what's the difference, shouting "kill them" or not, the meaning was exactly the same.

Say whatsoever you like, this is (supppose to be) a free country. But for me, this kind of opinion is nothing more than a cheap propaganda. What a effective propaganda machine ? still rolling after 30 years.

Sorry, didn't mean to double

Sorry, didn't mean to double post my comment.

My father belonged to the

My father belonged to the same generation as these students i think. Shortly after the event, he was put in jail (but only briefly). Many of his books were confiscated. (they put him in jail bec of this books,not bec he actually joined the rallies. he was not even in BKK then)
But.. he is now on the PAD's side. He is not exceptional i think. A few others of his generation share similar political views.

On re-reading the actual

On re-reading the actual accounts I agree it was a mistake on my part to exclude police from the massacre, they were fighting along the militias to break into Thammasat and lots of students were killed during the assault.

When I was typing that earlier I was thinking of the aftermath, when Nawapol and Red Gaurs pulled the students into Sanam Luang and started their orgy. That's when the police stood by and watched. The army was not around, but they stepped in later, when they took the power from civilian government.

According to Baker's "A history of Thailand", Nawapon claimed a million members, and Village Scouts had two million attending their recruitment sessions.

Sure they were mislead and brainwashed, and many were armed to the teeth, but it doesn't make those millions into non-citizens, and it doesn't make them all into cold-blooded murderers and rapists.

Students were forced to flee, true, but from Samak's point of view what probably mattered is that they joined CPT in the armed rebellion against the state and I don't think Samak gave it a second thought, ever.

I quote Michael: "The person in question was chanting "kill them, kill them" on the radio, it has been reliably (we are told) reported, over & over again."

And Doctor J: "Samak and many other ultraroyalists at that time didn't say "kill them"(except Kittivutho )."

There's no denying that various radio stations played a large role in inciting hatred that led to unspeakable violence on that morning, but if we want to establish Samak's exact culpability then his exact words are important.

BTW, thanks michael and JFL

BTW, thanks michael and JFL for the responses abt the Cheshire cat.

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