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Constructive Thoughts for the Day


Thai Politics In the Wake of the Constitutional Tribunal’s Verdicts
 

20 June 2007

Dear friends,                                       

               Thailand’s political history records another major event when the nine-member Constitutional Tribunal took more than ten hours reading out the verdicts of the charges filed by the attorney-general to dissolve five political parties; namely, Democrat Party, Progressive Democratic Party, Thai Rak Thai Party, Pattana Chart Thai Party, and Paen Din Thai Party. The Thai Rak Thai (TRT) party was accused of hiring small parties to field candidates in the election as a way to get around the 20% minimum vote requirement in the case whereby one particular constituency has only one candidate running. The Democrats, for their part, were charged with mudslinging against the TRT and with frustrating the electoral process.

The verdicts of the Constitutional Tribunal absolved the Democrats from the damning allegations and saved them from the dissolution, while decapitating the TRT by barring its 111 executive board members from politics for five years. The other three small parties were also dissolved and their executive management deprived of their rights to run for elections.

Following the verdicts, there have been mixed emotions of joy, relief, and sorrowful disappointment among the members of different political parties. At the same time, the verdicts also brought a sense of closure that gave more political certainty as proposals are now being made to the government to allow political parties to re-engage in political activities such as campaigning, presenting policy platforms, and registering new political parties, among others.

Meanwhile, the reading out of verdicts over the course of more than ten hours by the Constitutional Tribunal judges is in itself the teaching of laws, politics, and governance to the public who sat and listened. Although the verdicts were often so steep in legal technicality beyond the grasp of the general public, they gained acceptance for their procedural and substantive transparence, from the demonstration of the nature and cause of indictment, the alibi defense, the outcome of deliberations as to whether the defendants were guilty as charged, to the presentation of factual evidence, pleas, testimony, and motives. In particular, the Tribunal clearly demonstrated that they had adhered strictly to legal principles in deliberating on the party dissolution cases and the stripping of political party executives of their electoral rights. They also showed courage in delivering the verdicts, although the sheer number of affected party members had been mentioned to put pressure on their deliberations. There were also demands that the importance of the political party’s ideology be taken into account to counterweigh the fact that the party was overtly dominated by its leader.

The verdicts, however, generated a number of academic debates on many issues, such as the technical feasibility of retrospective expropriation of party executives’ rights, or the question posed by legal experts as to the legitimacy of the Constitutional Tribunal in delivering verdicts on party dissolution, considering the fact that the nine Tribunal judges had been appointed by a military government. This legitimacy issue was also mentioned in an announcement by the Acting Thai Rak Thai leader, who said he would publish the Constitutional Tribunal readings and translate them into English so that this historic case could be discussed and criticized by academics around the world. In that way, such publications will have enormous academic contributions and help add to the existing body of knowledge in legal and political sciences, more than just being biased studies aimed at finding faults with the verdicts.

At this point in time, one may have to admit that Thai politics in the wake of the Constitutional Tribunal verdicts has to an extent gained better clarity. The remaining political parties, in particular, now must prepare to come up with party lines and policy platforms, organize campaigning activities, and start going out to meet the people. These political activities are what move the nation forward towards having a democratically elected government.

Former Thai Rak Thai loyalists, meanwhile, are probably waiting to register their new grouping under the same name of ‘Thai Rak Thai’ although the 111 party executives may not be able to run in this upcoming election. In any case, it is expected that these ousted politicians will continue to support and manipulate their proxies and associates, like spouses, children, or political heirs, from behind the scene to run in the election. There also remain over 200 former Members of Parliament (MPs) who are still loyal to the party and still retain the party strongholds in the northern, central, and northeastern parts of Thailand. The Thai Rak Thai party or whatever new name it will assume, therefore, will continue to be a force to reckon with. At the same time, several medium-sized parties are expected to emerge under the leadership of former Thai Rak Thai MPs to carry on political activities in a more reconciliatory manner with the hope of setting up government in the next term.
However, one should be reasonably concerned with the current PTV mob protesting against the Council for National Security. The mob seems to grow in number and its debating style has become increasingly aggressive and confrontational. The PTV mob is marching towards the Royal Thai Army’s Headquarters as if to directly confront with the military. One last straw on the camel’s back may set off violence that leads to bloodshed, which in turn will instantly send Thailand’s political situation into an unimaginable mess, politically and economically. Hence, the government must be very careful in monitoring the situation, using mass psychology to subdue the mob and prevent any violent outbursts. (ลบออกครับ)

Another issue that will have significant implications on Thailand’s politics is the referendum vote on the new draft Constitution, given that there are several groups creating pressure for their agendas to be included in the charter. These groups are threatening to boycott the new draft if their agendas fail to be given proper treatment. Meanwhile, some academics from ‘Midnight University’ and other independent public intellectuals are calling for the rejection of the draft on the ground that the new charter’s very existence sprang from the military coup. If the draft Constitution fails to pass the referendum, the election may be postponed until next year, in which case the economic and social impacts will be tremendous.

At this junction, it is now time to think with our intellect rather than with emotions that are influenced or persuaded in favor of any particular groups, to allow our polity to move forward under the rules that all Thai people mutually created and consent to.

 

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