Quantcast
Channel: food for thought
Viewing all 128 articles
Browse latest View live

Junta set to evict Isan villagers for Special Economic Zone

$
0
0

As the Thai military government starts opening up new Special Economic Zones along the border to provide cheap labour and a deregulated business environment for investors, villagers in the quiet northeastern province of Nakhon Phanom by the Mekong River are to be evicted from their homes.

It is early October and the lively sound of bamboo poles hitting each other could be heard clearly on the bank of the Mekong in a small Nakhon Phanom town as if it was being invaded by woodpeckers. Along the river bank, hundreds of people were climbing makeshift structures made of hundreds of thousands of bamboo poles, some of which are taller than ten-storey-buildings, against the backdrop of the limestone mountains of Laos on the other side. People were in a celebratory mood as the province prepared for the ‘Fire Boat Festival’ where each district of the province competes to create the most magnificent light displays on bamboo structures floating along the Mekong at the end of Buddhist Lent. Not far from the river, however, the usually jubilant environment of this year’s festival was clouded over as hundreds of villagers face eviction orders from the authorities.

Workers standing perilously on a bamboo makeshift structure, rushing their works as the ‘Fire Boat’ Festival the province is famous for is approaching  

In a move to shake up a lethargic Thai economy, Gen Prayut Chan-o-cha, head of the junta’s National Council for Peace and Order (NCPO) and Prime Minister, in May 2015 invoked his authority under Section 44 of the Interim Charter, which gives the junta absolute power in maintaining national security, to announce NCPO Order No. 17/2015. The order mandates turning large areas in Tak, Mukdahan, Nong Khai, Sa Kaeo and Trat provinces, bordering Myanmar, Laos, and Cambodia, into Special Economic Zones (SEZs), where deregulation of industry and tax cuts are offered to lure investors. In addition to the pilot SEZ projects in these five provinces, more land in five other provinces, Chiang Rai, Nakhon Phanom, Kanchanaburi, Songkhla, and Narathiwat, are to be expropriated and cleared for SEZs.

Promoting his vision for the ASEAN Economic Community (AEC) in January 2015, Gen Prayut said on one of his Friday ‘Returning Happiness to the People’ TV programmes that the SEZ project, which in its initial stage would require about 10.2 billion baht investment, would promote regional economic integration and development on a ‘sustainable basis’, adding that investment and trade in 13 major border regions in Thailand currently adds up to 80 billion baht. For local communities, however, especially those which are to be evicted from the areas which will be turned into SEZs, the economic benefits promised by the government might not make up for their losses if they are rendered homeless by the plan.

The threat of eviction

 

Located in the northeastern province of Nakhon Phanom and separated from Laos only by the copper-coloured stream of the Mekong River, Khok Phu Kratae and Phai Lom villages in At Samat Subdistrict of Mueang District are such embattled communities, where as many as 400 families are to be evicted in the name of the SEZ project.

Living with her sister’s family and five others sharing the same plot of about five rai (0.8 hectare), Kritiya Hongsamanud’s family are now living with uncertainty, not knowing when her family and those of her sister and neighbours will lose their houses as the SEZ construction plan forges ahead. Shortly after the 2014 coup d’état, she, together with 33 villagers, were indicted for encroaching onto public land. Nearly all of the accused possess Land Utilisation Certificates (NS2 and NS3) and the Land Claim Certificates (SK1) for plots of less than 10 rai on average (1.6 hectare), which they share with about 5-15 other families.

The simple house of Hongsamanud family roofed with corrugated metal, where the defunct noodle stall still stands in front of the house       

“According to our house registration certificate, we have been living here since 1993, but in reality, we have been living in this area for at least three generations,” said Kritiya while keeping a constant watch on her grandchild sleeping on a bamboo stool under the midday heat in the luxury of his carefree innocence. “If we are really going to be evicted we don’t really know where we’d go.” She said that on 29 July 2014 many police and military officers came to her house to inform her that she had been accused of land encroachment and took her to the Mueang District police station for interrogation. Shortly after learning that she might be evicted, Kritiya closed a small noodle stall that she had opened in front of her house with her sister and is now living off her meagre savings while her husband is a freelance wage-earner, hired for farm work or any other hard labour.

Recounting the deposition hearing in the case on 24 August 2015, Simmara Hongsamanud, Kritiya’s sister, said “the Governor [of Nakhon Phanom] wrote a letter to the court that day, saying that we just have to move elsewhere and find work, but who would want to hire us? We are uneducated and don’t have the knowledge.” According to Thai Lawyers for Human Rights (TLHR), when at the deposition hearing, some of the 33 embattled villagers were waiting for the provincial administrators, acting as the plaintiff, to come to the Provincial Court to negotiate, the administrators contacted court staff during the hearing to say that they would not come to court and would not negotiate with the villagers.

Simmara Hongsamanud (center) shows the Land Utilisation Certificate (NS3) her family possesses. She claims that her family has been living in the area for at least three generations.

About 300 meters from Kritiya’s house, Son Samonrit, a 78-year-old Khok Phu Kratae villager, is also to be evicted along with her extended family for the construction of the SEZ. The oldest of the 33 villagers charged, Son possesses a Land Claim Certificate (SK1) for a plot slightly bigger than two football fields, which she has held since 1948. As the matriarch of her extended family, she has been sharing the plot with 14 other families of relatives. “I was born here like my parents and grandparents” said Son. Asked where she and her large family could move to, she said with worried eyes “We have been talking about it, but we don’t really know where to go to. We don’t have farmland and all my grandchildren are working on construction sites Bangkok.”

Son Samonrit, a 78-year-old Khok Phu Kratae villager, who is to be evicted along with her extended family for the construction of the SEZ

A struggle for land rights

 

Although most villagers of Khok Phu Kratae and Phai Lom villages of Nakhon Phanom have lived in the area for at least three generations, less than a handful of them possess title deeds while the rest only hold Land Claim and Land Utilisation Certificates, which can be revoked by the state.

According to Jirawit Chimmanukul, a local activist from the Dao Din Group, a group based at Khon Kaen University, the root cause of land problems in the area can be traced back to 1940. The young activist, who has been documenting the land encroachment case of the villagers, said that in 1940 the Thai authorities declared about 6000 rai (960 hectares) of land in At Samat Subdistrict as public land despite the presence of many families who had already settled in the area. He added that the state officials, however, did not inform the locals that the land was declared public land until 1978.

Sorn Samonrit walks along the small alley where the houses of the members of her extended family are located.

When the extent of the public land was announced in 1978, however, its size was reduced from 6000 to 2834 rai (about 453 hectares) because the officials who surveyed the area in 1978 found that many villagers had already built houses in the area. Moreover, between 1940 and 1978, local administration officials issued Land Claim and Land Utilisation documents to the villagers. Currently, the total area of public land has been reduced from 450 to 380 hectares because part of the land has been given to a local psychiatric hospital and the Royal Thai Police. “With the current military government, it is more difficult to talk about this land issue. Small people are getting smaller and their voices are reduced to whispers,” said Jirawit.  

 

For Navin Sophaphum, a researcher of the Healthy Public Policy Foundation of the Ministry of Public Health, the ongoing eviction of villagers for SEZ construction reflects a larger protracted problem of rights to land and resources in the country. Speaking in a public forum about the Special Economic Zones, development, and community rights at Kasetsart University, Bangkok, on 11 October 2015, he said that the state tends to assume ownership over degraded forest areas where many families have already lived for the last 70-80 years.

The researcher added that the state authorities tend to refuse and delay the process of issuing land title deeds to settlers regardless of the fact that many communities have existed there for generations. “The villagers are now worried that it will lead to an old problem in Thai society, where land is taken away from them and given to investors. Are the villagers not local? To answer the development needs of the locals, it has to be discussed how the area can be utilised to yield the most benefit,” said Navin at the forum.

Back in the embattled community of Khok Phu Kratae, Phiromphon Kamyot, a member of the Tambon (Subdistrict) Administrative Organisation (TAO) of At Samat now facing the threat eviction and a court case along with the 33 villagers, said that her family has been living on the same land where her house currently stands for at least three generations. Speaking of the SEZ plan while drying her hair on the front porch of her old wooden house, she said “It’s not that we don’t want development, we do. But, if we really have to move elsewhere, we should get enough compensation to be able to get by or land where we can relocate to.”

Representing local people, Phiromphon stated that last year 14 villagers were tricked by state officials into signing an agreement, stating that they would move with no conditions. “There was a public forum about the SEZ organised by state officials last year. I attended it a bit late and by the time I got there 14 villagers had been tricked into signing a document without knowing that it was an agreement, stating that they have agreed to move.” She added that in December 2014 when she discussed the villagers’ problems with the authorities, the Deputy Governor of the province the told her that they just have to move out without compensation because the government has not prepared any budget to pay for the villagers. “The officer said it’s a public estate and if you hit your hand against a wall, you would only get hurt,” said Phiromphon.

A creek that flows through Khon Phu Kratae and Phai Lom Villages in parallel with the main road           

According to Parittan Kamdee, the village head of Khok Phu Kratae, when the Third Thai-Laos Friendship Bridge, which now stands right between Khok Phu Kratae and Phai Lom Community, was constructed in 2009, the villagers who had to relocate their houses were given reasonable compensation. “Many villagers have no problem with the SEZ project if they are given just compensation. I don’t know why the authorities haven’t set aside some money for the villagers this time.” said Parittan. “Most families have been here even before I was born and they don’t really have any place to go.”

Another native of Khok Phu Kratae, Thongsuk Plengsap, who has been active in fighting a long struggle for land rights, said “The authorities didn’t consult with the villagers about the SEZ project first. They said that was announced back in 1978 that the land belongs to the public, but many villagers have been here for much longer than that” Although he is not among the 33 villagers charged with eviction, the 74-year-old native added that Khok Phu Kratae villagers have been trying to obtain legal documents to safeguard their homes since early 1970. “Under (former Prime Minister) Thaksin we submitted a letter to the government in order to try to obtain the title deeds. The hope then was high, but it came crashing down with the 2006 coup d’état. Under the last civilian administration of Yingluck Shinawatra, we submitted the same petition, but then everything came to a halt again after the 2014 coup.”

Prachatai requested an interview with public officials of At Samat Subdistrict about the eviction process and the SEZ, but the officials declined to be interviewed, saying that a formal letter has to be submitted to the authorities for an interview and since it is about a “sensitive issue” they said that it might be difficult to get permission.   

Junta’s neoliberal policy doomed to fail?

 

Despite promises from the junta leader and the Board of Investment of Thailand, an agency which drew up the economic incentives for the Special Economic Zones, that the SEZ will serve as an open door for ASEAN economic integration, many experts pointed out that the junta’s SEZ plan is likely to fail.

Chainarong Sretthachau, a lecturer of the Humanities and Social Sciences Faculty of Mahasarakham University, at the public forum about the SEZ on 11 October 2015, referred to the SEZ policy as a new ‘neoliberal economic policy’ that was introduced in early 2000s under Thaksin’s government and was resurrected under the junta. “Under this government, it is even worse because [they] invoked Section 44 of the Interim Charter to push the SEZ policy,” said Chainarong. He added that the current SEZ policy will negatively affect local communities because it will lead to environmental degradation and the plunder of the natural resources of the country.

The gate of the planned Special Economic Zone of Nakhon Phanom next to the custom center at the base of the Third Thai-Laos Friendship Bridge

In addition, the lecturer warned that the junta’s SEZ policy, which aims at “exploiting cheap labour” from neighbouring countries, might increase what he called “economic nationalism” in Thai society. “Just have a look at it, it’s a policy that aims at tapping a migrant labour resource,” said Chainarong. “This means that for the economic growth of the country, it is just to exploit the labour from neighbouring countries, such as Laos, Cambodia, Burma, or Vietnam.”

According to Decharat Sukkumnoed, a lecturer at the Economics Faculty of Kasetsart University, who is an expert on rural development and agricultural economics, the junta’s version of SEZs is not suitable to the economic development of Thailand if its primary aim is to provide investors with cheap labour and industrial deregulation. “Thailand has already moved away from labour intensive industries. Therefore, Gen Prayut’s version of SEZs would not yield much benefit for the national economy.” He added that from the junta’s SEZ blueprint it is not clear how the local economy would benefit from the SEZ sustainably. Nonetheless, the rural development expert said that the “cluster SEZ model” which was recently coined by Somkid Jatusripitak, the Deputy Prime Minister and the junta’s chief economic strategist, to make the SEZ in each region a hub where local produce can be processed and transported might be able boost national and regional economic growth on a sustainable basis. He added that it is, however, not yet clear which SEZ model will prevail.

A Chinese logistic company which has already established a cargo storage next to the SEZ construction site

Regardless of which SEZ policy is implemented in the end, Jirawit, the Dao Din activist who is a Nakhon Phanom native, concluded “nobody wants to reject development and economic progress, but we have to ask who will really get the benefits from these projects.”

On 21 October 2015, Maj Gen Sansern Kaewkamnerd, spokesperson of the Prime Minister’s Office, announced that the government’s Special Economic Zone plan was formulated to bring about “maximum economic benefits to the nation”. Speaking of the eviction of villagers of Mae Sot District in the northern province of Tak prior to the construction of the SEZ, he promised that the villagers would be given compensation packages and urged that people should not be “selfish” and think of the nation before themselves. For the time being, the statement from the PM’s spokesman might put the minds of some families of Khok Phu Kratae at ease; for many others, however, their unknown fate is still as murky as the copper-coloured stream of the Mekong River.

The Third Thai-Laos Friendship Bridge connecting Nakhon Phanom to Tha Khaek Town of Laos across the Mekong River adjacent to the upcoming Special Economic Zone


The unknown life of Thai exiles

$
0
0
Since 2006, Thailand has been plagued with an unending storm of political conflict. Political thought is divided on nearly every single issue; from former Prime Minister Thaksin’s reign, the monarchical institution, nation development, democracy, elections, reform, politicians, political parties and so forth. 
 
The 22 May 2014 coup has exacerbated Thailand’s political situation. Activists, politicians, and even ordinary citizens branded as “ideologically hardcore” were left with no choice but to flee the country in self-imposed exile. A year later, any perceived improvement in the situation is essentially superficial; these political exiles still cannot return home. What were their reasons for fleeing? Was it because their ideologies conflicted with the current government? What are their living conditions as exiles? We take this opportunity to provide an in-depth look at how our fellow countrymen are surviving and their fate as the “Other.”
 
Although there is no exact figure for the political exiles who have fled after the 2014 junta, a pre-junta exile source estimate the number to be significantly higher than the 10 well-known exiles who have made international media headlines. 
 
 
Political exiles include a wide demographic range, encompassing academics, activists, poets, artists, intelligentsia, and any others who have demonstrated disapproval of the role of the monarchy, albeit at varying levels. Of the political exiles, one of the groups is a small one that has been involved with a weapons case, another is part of the old guard of political rallies who are concerned about their safety, and yet others are core leaders of local groups These political exiles faced arbitrary detention and interrogation, arrest, harassment and constant surveillance to the extent where they believed exile was the safest, freest option. Even ordinary citizens who have posted an emotional Facebook status on a whim have consequently been “witch-hunted” and have been summoned by the National Council for Peace and Order (NCPO).
 

Why exile?

 
For those who recall, the current post-junta atmosphere is exceedingly more oppressive and fatal than the 2006 junta. Right after last year’s junta took control, radio and TV channels were forced-shut for days. Military troops occupied street corners. The NCPO repeatedly televised a lists of people ordered to report in. Most concerning was that no one was aware of their fate once they turned themselves in. Would they be held somewhere before being slapped with a charge? The people waited with bated breath for seven days for the martial law to come into effect, and to see what would happen to the lucky winners of the NCPO “jackpot.” 
 
Only one year has passed, and many are already desensitized to the idea of “attitude adjustments,” the arbitrary detention and interrogation of people of interest by the NCPO. Immediately following the coup, perilous uncertainty prompted many exiles to flee the country, despite having not committed any illegal offenses and having no charges or cases brought against them. Some of the political exiles’ attitudes towards fleeing were “escaping in order to fight back better.” They felt the current junta had no lawful authority to summon them without credible charges for committing illegal crimes. 
 
“I do not believe they have the authority to summon me, and I have no reason to believe that they will proceed with me as if I am a citizen in a democratic system,” Nithiwat Wannasiri, activist and singer of Faiyen, a red-shirt pop band, revealed his viewpoint after having been exiled for a year. Nithiwat’s band sings critical, satirical songs relating to the monarchical institute and the social norms of Thai society.
 
“Some summoned people have been charged with Article 112 [lèse-majesté law], but others have not. Their only infraction was not appearing when summoned, and get suspended jail term. I’ve also thought about returning just to get all this over with. When the time is right, I’ll definitely return, but now is not the time. That’s because not only am I charged with not appearing when summoned, I also have a string of other cases, such as violating the martial law on 23 May when I went out and protested against the junta in front of the BACC [Bangkok Arts and Culture Center, Siam Square, Bangkok]. Even before that, Wiput (screenname “I Pad”) filed police complaints for three cases of 112 and breaking the Computer Code Act against me. Wiput definitely wants to do whatever he can to jail me. I am willing to fight for myself in these cases, but only in a civilian court—not a military one,” said Nithiwat determinedly. 
 
Other political exiles, however, have fled the country due to unbearable conditions they have faced in the country.
 
Thantawut Taweewarodomkul or “Num Red Non,” an ex-lèse-majesté convict who was jailed for three years and a single father, talks to us about his experiences. After he was released from jail, he tried to resume a normal life until the coup interrupted it before long, summoning him through the televised NCPO address.
 
“After I was released from jail, I did not participate in anything subversive. Before going in jail, I was part of a lot of networks, so the authorities were probably afraid of me resuming my activities. But I didn’t, because I was angry at my former comrades who did not take care of me when I fell on hard times,” said the ex-lèse-majesté convict. 
 
The political situation caused Thantawut to lose faith in the judicial processes of the state.
 
In 2010, a horde of police officers and reporters swarmed his condo to arrest him. His ten-year-old son was with him at the time. The authorities directed psychologically-charged questions at him and his son. Thantawut received a 13-year jail term. He was granted a royal pardon after serving three years behind bars.
 
“It was really hard to get through the pressure-filled time in my life. Even in prison, I was attacked and beaten up three times. I wouldn’t be able to bear going back to that sort of situation, not even for a second.”
 
“So after they summoned me, I had no way of knowing how long they would hold me for. But I already knew that I couldn’t bear one more day of it. I don’t know how to say it; but I just flat-out refused that possibility. I couldn’t take it anymore. I had no confidence that there was any element of justice in the junta, or if any processes or organizations could help me,” said Thantawut. 
 
Still other political exiles—from good families who are educated, well-mannered and only exercise political views academically—have also elected self-imposed exile.
 
“He’s a DJ who brings up academic issues in ways that make locals understand them. He is never extremist or uncouth in his behavior or speech. He speaks logically and with reason, explaining people’s rights. That’s all. And he got a fan following from doing those things!” explained the friend of a political exile. This outlander is an ex-DJ who held a political radio talk show for a community in Chiang Mai. During the period of extreme political divisions just before the coup, another radio host also in Chiang Mai with opposing political views reported him to the police. This incident caused the ex-DJ to feel uncertain about his safety and future in the country following the coup, and he decided to leave.
 
“I wanted to use my skills to do my own brand of political fighting. I wanted to talk to people on a level both of us could understand by clearing up political issues, such as those regarding government and democracy. Some people were filled with rage after 2010 and wanted to take up arms. But that’s not the way. I wanted to talk to villagers in a dialogue, not to lecture them like a professor, since that’s on a different level. I believed that among 60 million Thais, there would be some people who I could talk to. And that is my way of fighting,” said the ex-DJ.
 
“Even if Thaksin came back and became the PM again, and the red-shirts continue to be unaccepting of differences in political opinion, then that’s still not democracy. In truth, I can’t see how the Democrat Party are going to campaign either. The conflict has escalated to the point where I think the only way is for a new generation to come in, a generation that is more accepting, so that a true democracy can be ushered in,” he analyzed.
 
The fate of political exiles can affect anyone from the most “extreme” activist, to more tempered mediators who critique their own sides, and bystanders unrelated to political activism but who had been dragged into banishment—unfortunately the ex-DJ’s wife. 
 
It is difficult to say which is worse: taking your spouse with you to a life of uncertainty in forced escape, or leaving behind loved ones in favor of solitary expulsion.
 
A political exile
 

New paths in a new land

 
Living overseas is a challenging hardship to bear, but it’s further complicated when one has to do so without refugee status and is laden with economic as well as psychological burdens.
 
Typically, political exiles are not overly affluent. At  most, an exile could come from a normal middle-class family who is able to send some money to support them, but this is a rare case.
 
The exiles we were able to contact have largely passed through the rough transitioning period after a year of banishment, and are able to find different ways to make a living.
 
Some émigrés have ceased all political activity, especially hosting political radio shows, out of deference to their new countries of residence. Those who believe they are not likely to return to Thailand in the near future have sought out means to make a living, as well as seek ways to help support other refugees who may follow. Exiles have opened small businesses such as selling made-to-order food (e.g. grilled chicken, satay pork, etc.), running hair salons or other various service delivery professions.. The road to opening these businesses in their new countries have been arduous; many had to work in modest occupations such as sale assistants or tour guides in order to afford the rent to open their own shops. While some exiles have been fortunate in their business ventures others have not been as fortunate. Although one exile’s opening of a restaurant has become successful enough  to expand to multiple branches another exile is barely making ends meet at their failing hair salon. 
 
Some exiles with special skills are able to find specialized jobs in designing, teaching music or other skills based occupations, egregiously they earn far less than they would in Thailand. One creative director for advertising reported that his current earnings were ten times less than the income he would’ve earned in Thailand. The exile who currently works as a music teacher for school children on weekends earns 2,000 baht a month, incomparable to his 100,000 baht monthly salary he had working for a large company in Thailand.
 
We were able to interview one exile who flourished under his circumstances. In Thailand, he had a strong background in the civil society sector before becoming a communication specialist for a Thai politician, which made him a political target after the junta took power. After he fled Thailand, the gravity of his situation took a significant toll on his emotional state which caused him to suffer from a deep depression that mentally paralyzed him for four months before he was able to move forward. He was able to rise above adversity and went on to build an agricultural business network through renting out agricultural land which earned him millions of baht.
 
“If we can’t even feed ourselves, then how are we going to fight back?” said the young entrepreneur. He went on to discuss his new venture that would help support other political refugees living in poverty. 
 

Exile Productions, Inc. 

 
Yet there are also political exiles who remain active, broadcasting political videos on Youtube that we cannot discuss here since they may be illegal in Thailand. Nevertheless, a dialogue with these exiles is useful for political insight and development. 
 
The political talk shows vary widely on the political scale: from village-style extremist to ideology-laden intelligentsia stances. 
 
The hosts of one of these shows stated that their shows emphasize dissemination of information rather than scathing rhetoric. They want to discuss issues they see as creating problems for Thai society. While these shows are widely opinion based, it is vital for democratic societies to have an open space for dialogue, debate and exchanges of ideas., Thailand does not offer any chance or space for these hosts or other citizens to openly and logically discuss varying political views.
 
“We had to leave the country because the [political] situation forced us out. We didn’t want to leave. But now that we have, we need to make the most of this opportunity, so the people in Thailand can know that we still exist, we are still fighting,” said one exile.
 
“‘The truth’ is only three sentences long, but you’re unable to say it. You have to circle around it, like planets orbiting the solar system. So the closest thing to the truth you can say is something near to it. If you want to be safer, you say something that’s a little farther from it. And if you want to have maximum safety, you say something that’s the complete opposite of the truth. You might be shocked at what I’m saying, but it’s ancient history for other countries. For our country, it’s become a stubborn residue,” said an elderly man who is a first-generation refugee who fled after the 2006 coup. 
 
The elderly man does not agree with the political talk shows hosted by the newcomer exiles who often take no care in using hate speech against the opposition political figures. However, he does not attack or prevent the newcomer exiles rom producing these shows, preferring unity over division as well as holding to their ideals of freedom of speech and believing that the audience are able to decide for themselves what to watch and believe. 
 
He poignantly commented on the younger exiles, “Like us, you also believe in human rights, so although we don’t think these political shows are completely correct, it’s also a matter of taste. Some people like to eat koi dib [a raw meat salad]. But others will never eat it, even if it’s prepared completely up to health code standards. The person who’s eating has a choice of what they want to eat, so even if I never eat koi dib I have no right to condemn another who loves koi dib.”
 
In response to this, a young exile said he disagrees with the old man. It should be noted that the older exile and him have major differences in political views, especially those concerning Thaksin Shinawatra, the ousted ex-Prime Minister. They argued continuously, with no regard for age differences.
 
“If we hold to standards of freedom of speech, then we can investigate, criticize, even revile public figures, including Thaksin.” The young exile said, expressing his views that “reviling” public figures will help to revolutionize public thought toward political figures, imbuing ideas of equality within the audience.
 
“Even though I don’t agree with them, I still have to protect their right to express themselves,” he said.
 
These ideas, especially their usefulness towards progressing Thai society, are debatable from both sides. 
 

At the edge of the beyond

 
Other than the exiles that are activists, artists, intelligentsia, or ex-Old Guards, there are also exiles that live in abject poverty and are completely without fame. We are not sure of their political stances since we could not make contact with them. They live in tents on the fields of obscure farmland, and are unable to find jobs since they do not have specialized skills. Most of these abject exiles are from the lower class who already suffered in Thailand, and suffer even more so in exile. Most of them are red shirts accused of illegal possession of weapons. 
 
The feet of some exiles
 

The heart of an exile

 
We started investigating about the exile experience after many had already gone through a painful and grueling transition phase and had, to some extent, settled down. Therefore, most exiles were not willing to tell us extensively about their harrowing journey but we caught some horrific glimpses. Immediately after exile, some had recurring nightmares, while others lost the will to live. Some refused to learn the local language in their new country, prolonging the adjustment process and miring them in depression. Some suffered from severe anxiety to the extent that it metamorphosed into physical conditions, such as panic attacks and literally being paralyzed with fear, requiring them to seek medical attention. 
 
“I didn’t have much trouble adjusting, since usually I’m introverted and I like to travel. But when I was first exiled here I had recurring nightmares that woke me up every time. It was unbelievable,” said one exile. He was a middle-level office employee who worked in the ad industry. He had to leave the country before the 2014 coup for many years because he was on a political web forum fanclub. On that web forum, he enjoyed exchanging political debates and discussions in an intellectual, logical but straightforward manner, but never in an defamatory or uncivil way, he said.
 
“Whenever I see injustice, I can’t help but say something, since I’m a straightforward person. Especially when I get mad, I get even more straightforward. Actually, the case against me hasn’t progressed far at all. If I kept quiet it wouldn’t be hard for me to stay in Thailand. But I know myself well, and I wouldn’t be able to keep quiet at all, so I decided to self-exile. I couldn’t bear it if I went to jail, even for just one day,” said the ex-commercial maker.
 
The youngest political exile we encountered was 19 years old. He left his post as a first-year university student since he was unsure whether he would be hit with a case against him. This young exile said that he did not have strong political views, but enjoys artistic activities and has an interest in sociology. A senior at the university invited him to participate in staging a play, an amateur production. He played a character that stared in just a few scenes which totaled less than 10 minutes but would go on to his life forever.
 
His two seniors were arrested and sentenced to two years and six months in jail. He and the other participants in the play, noted in the arrest form as “those who we could not detain yet,” escaped into exile. This 19 year old is an orphan who had been living with his relatives, so exile seemed like the only option for the confused young man. He said that he is not an activist, not an intellectual, and didn’t even have political goals. No matter how long time passes in exile, for him there is only depression and the question, “why?”
 
“I feel so sorry about the loss of my future. I was only 18 when I had to escape. My entire life ahead of me... ” he paused for a long time. “I regret everything. I guess being in jail would be worse, but even without a clear case against me, being in Thailand would be worse too. But here, I’m afraid to go out anywhere, because there is only fear.” 
 
“I help some of the other exiles with their political talk shows. At first, I didn’t think I would come here and do anything like this. I had 10,000 baht with me when I escaped. I had 2,000 left after two months. How was I supposed to live? There was no way to make a living. Then another young person escaped too, and we started making a show just for fun. Then some listeners started donating money for our daily expenses. Usually I’m not vocal about these issues, but now I have no choice but to speak.”
 
“I didn’t choose this fate for myself. Everything I did was because it was necessary, I didn’t choose it. Someone pleaded for me to participate in the play. I had no choice but to self-exile or be jailed. If I don’t do this radio talk show, then I would starve to death,” said the young man.
 

Is a refugee status impossible? 

 
Many exiles are hoping for an official refugee status from the UNHCR so that they are able to live in a different country, although this is a very difficult endeavor. The process is lengthy and few are ever taken into consideration. The young exile wants to study abroad in a developed country, but this seems unlikely. The advertising executive dreams about making a documentary about Thailand’s lèse-majesté law to communicate with apolitical Thais, but to do this he needs an official refugee status. He went through all of the necessary paperwork procedures but was finally rejected. 
 
“I submitted my application as a regular citizen, not as an activist or an academic. You see: normal person does not get rights or protection,” said the ad executive. 
 
The ex-DJ from Chiang Mai had also hoped to obtain a refugee status in order to settle down and make a better living. He has researched for solutions but came up empty and deadlocked: unable to go back or move forward.
 
“If I went back now, like a lot of people, I would have to live in constant fear. Even if there was an amnesty law, I may be able to work and live my life, but still if there still is Article 112, one day they could arrest me. How am I supposed to live under that law? How can I be sure of the stability of my own life?”
 
“Living here long-term is unsustainable. I want to live somewhere else. Honestly, some people [exiles] who get to live in developed countries and share pictures on social media are very inconsiderate. There are so many people who are unable to go anywhere, and the people who are able to share mocking posts that discourage exiles,” said the ex-DJ.
 
As for Thantawut, the single father, he has decided to settle down and make a living in his new home, a path he finds more honorable than living off of donations. Settling down and supporting himself is a necessity so that he can bring over and support his son. Currently, his son is living with guardians in Thailand who plan to stop supporting the boy when he finishes junior high school in the next few months.
 
“If I can’t settle down here, then I’m out of options,” he said, eyes full of unanswerable questions.
 

Wounds and hopes

 
“If I went back to Thailand, I would have to begin at square one. If they let me live my life there, I could probably run a business there and survived. People who used to be in jail are afraid of going back there. But because “you” pushed me into this exile position, because “you” are targeting one little citizen, because “you” framed me that I’m a key person in a political movement, according to a leaked secret document. If given the chance, people like me could do a lot of good for my country,” Thantawut said passionately. 
 
“This predicament have been supposed to be over. Now, however, I’m only thinking of death. My father will soon die, and then my mother. I feel like I don’t have enough time to build a new family; my life is ending soon. All I wanted is to take care of children and have someone by my side. When I was put in jail, my son Web was only 10. I was released when he was 13. He was already a teenager. I want my 3 years back to spend with him, but it’s impossible. He’s as large as a buffalo now. I can’t kiss his hair or smell his feet now; it’s not the same,” said the single father.
 
One of the largest things for exiles to deal with is the death of relatives.
 
“The most painful part of exile? That’s hard to say; lots of things are in the running. But one of the worst parts for me is when my mother had a car accident when her car fell into a sandpit 30 meters high. All I could do was hear about it. I couldn’t go to visit or see her. Not only that are the countless deaths of my other relatives and friends; I couldn’t attend their funerals or see my loved ones,” said Nithiwat. 
 
He continued, “Of course I want to go back. It’s my home. My family, friends, all of my memories are there. Everything is back there. Songs like “Missing Home (Full Moon)” and “Cry from the Motherland” were inspired by homesick emotions of me and other refugees in exile from tyranny.”
 
As for older political exiles who have escaped since the 2006 coup due to lèse-majesté cases, we asked them about their expenses.
 
“I have both expenses and income. I’m not telling everyone to live like I do. But I’m at the age where I can afford to be a political exile. I’ve taken responsibility for my family. I also have money saved up. Some people save up money their entire lives and never get to spend it. I’m lucky that I get the chance to spend every single baht I’ve saved. This is the most valuable time of my life. I’m being forced to travel, since I can’t stay in one place for too long. How cool is that?!” said an elderly exile, smiling.
 
“I have to thank them for forcing me to choose, or rather, giving me no choice but exile. To me, the issues plaguing Thailand are really small issues, easily discussable. Think of Black May before folding. Think of 66/23 [an order issued in 1980 by the then-PM Prem Tinsulanonda to eliminate Communist insurgencies]. Murderers were given the chance to continue developing Thailand, were given a hundred or two hundred thousand apiece. And what’s happening now? Normal people are jailed for half a century. This is madness.” 
 

The disabled in Thai drama: the over dramatized character

$
0
0
Even though the disabled have long been seen in Thai dramas, the representation of them is problematic and unrealistic, which leads to misperceptions. Movie directors state that disabled characters should be seen as ordinary human beings. 

 
In a famous Thai novel, Ban Sai Thong, there is a character called “Chai Noi” or little brother. Chai Noi is arguably the best-known person with disability in Thailand. The character is described as the “youngest child of Mom Prannarai who was born crippled, with a deformed leg and mouth and miniature body.” Kor Surankanang wrote that the boy “was born with karma, and unfortunate due to being born with a disability, and as a result, his mom does not care for him”.
 
 
Chai Noi was born into a rich family, but he is “unfortunate” because of his disability. Photo from Ban Sai Thong (2015)
 
 
Chai Noi’s brother is Chai Klang (middle son), who is the male lead in the story. In the story, it is not clear what type of disability Chai Noi is suffering from, but the symptoms are holistically referred to as “crippled” -- “ngoi” in Thai. The family is ashamed of having a disabled boy and also blames him for causing the father’s death, so Chai Noi is hidden in the house. 
 
Pojaman, the female lead, is a saint to Chai Noi. Photo from Ban Sai Thong 2015
 
Chai Noi helps the audience identify good and evil people. Photo from Ban Sai Thong 2015
 
Ban Sai Thong is only one among more than a dozen Thai soap operas which portray people with physical challenges as unfortunate human beings who are incapable of being successful and always need assistance, and who were disabled because of their karma from previous lives. 
 
In Avatar, Jake Sully is a paraplegic Marine veteran. The movie makes Jake’s paralyzed legs look real through special effects.   
 
 
Audiences completely forget about Jake’s disability when he becomes Navi. 
 
There are an increasing number of Hollywood movies which feature handicapped people in protagonist roles. For example, the Theory of Everything tells the story of Stephen Hawking and Avatar has Jake, a Marine veteran who suffers a spinal injury which leaves him paralyzed from waist down. Unlike Thai soap operas, the characters of persons who use wheelchairs in both movies are rounded, capable, successful and attractive. 
 

Karma causes disability

 
Disability has many causes. The most common are accidents, genetic factors, and illness. For many Thais, however, the concept of karma is deep-rooted. Many believe that some people are born with flaws due to wrongdoings they committed in previous lives. Moreover, disability at birth is thought to bring misfortune to the family. 
 
In her thesis “Representations of people with disability in Thai society: a study of Thai literature”, Kullapa Wajanasara proposed that Thai values, especially in connection with Buddhist beliefs, perceive disability as inferiority and hold that the disabled live just to repay their karma.  
This statement is reflected in the drama “Kro Phet Jet Si” (seven-coloured armour), a folk story about Sarut Thep who volunteers to find magical armour to cure a god’s wife but who refuses to give the armour to the god as he promised. As a result, he is cursed with disability, but when he makes merit and good karma, he is forgiven and his disability is finally cured.   
 
In Khwan Fa Na Dam (Black Face Sky Axe), another folk story, the huge black birthmark on the male protagonist’s face is explained as the result of his karma.
 

Physical disability is the most common.

 
According to a study by Kulapa Wajanasara, of 14 soap operas involving disabled characters, 7 of them involved the physically disabled, 4 involved the mentally disabled, 2 involved with brain damage and the other one involved blindness. 
 
The form of disability seen in Thai dramas is limited and unrealistic.  
 
For instance, the blind are ordinarily unable to control their eyes normally so their eyes either stare in the wrong direction or show no pupil at all. But in Thai soap operas the blind usually stare forward, which is very unrealistic. Contact lenses could be used to make the blind look more realistic but are not.      
 
Tik Jessadaporn from the drama Kaew Ta Pi (Apple of My Eye) took the blind male lead. He stared aimlessly forward, not looking at his interlocutor, which is very unrealistic.  
 
 
 
Or else, he wore sunglasses as a blind.
 
 
Another interesting case is that of the deaf. Most of the deaf in Thai soap operas are totally unable to communicate with other people. They usually make weird sounds or wave their hands about in a meaningless way. In fact, the deaf normally know how to use sign language. This kind of soap opera reinforces the idea that the deaf are unable to communicate with other people. 
 
Thai soap operas usually combine unrelated disabilities, such as a twisted mouth, a squint, deformed legs and hands and dysarthria. This kind of character is called ngoi or crippled.  
 
The second most common disability in Thai drama is disfigurement as the result of fights involving stabbing or slashing the face, acid and burns. This kind of disability is usually seen in the villains to reinforce the idea that disability is the result of karma. 
 
Disabilities in villains and heroes are significantly different. The disabilities of villains are due to fighting or their wrongdoing. Some of them feel such horrible guilt for what they have done that they become mentally ill. A villain’s disability is usually either difficult to cure, permanent or life-threatening.   
 
In contrast, a hero’s disability is due to the damage done by a villain or his heroic action of rescuing his lover, for example, or donating organs. The most ridiculous thing is that these disabilities magically disappear at the end.    
 
The teaser of The Down
 
A couple years ago, a new form of movie involving disability emerged like “The Down: being normal is too easy” a movie directed by Wongtanong Chainarongsingh. The movie portrays the daily lives of 5 people with Down syndrome, at home and in the workplace, and the attitudes of people toward them. 
 
A movie critic known as 9Slow said this movie helped create a better understanding of people with Down syndrome. The biggest contribution of this movie is showing that people with Down syndrome can do everything like ordinary people. All we need to give them is empathy. 
 

Why there is no room for disabled actors?

 
Given the fact that today there are so many disabled characters in Thai drama, is it better to allow the disabled to take these roles?
 
Kanchit Sopchokchai, manager and advertising director of Hub Ho Hin, one of the biggest movie companies in Thailand, told Prachatai that it is possible to have more and more disabled actors in the future but it takes time. We should start with stories portraying the lives of the disabled as ordinary people such as their love stories, their dedication to work, ignoring their disability. He also added that we should empathize with the disabled, not sympathize with them.   
Nattawut Poonpiriya, another movie director, told Prachatai that he once had the experience of producing an advertisement with the blind. He feels that the disabled actually have amazing acting skills equal to sighted people. They just lack the chance to get into the entertainment industry.  
 
Nattawut added that the disabled should get the opportunity to improve themselves. The disabled also have to improve their acting skills and be able to take different kinds of roles, apart from portraying the disabled.  
 
“I hope to see a disabled character where their disability is just their physical appearance, not as a way to dramatize the character. The disabled should be perceived as ordinary human beings and I believe that we will achieve that point very soon” he said.
 
The story was edited by Thaweeporn Kummetha. It was first published in Thai on Prachatai and translated into English by Kornkritch Somjittranukit.

To love a (thought) criminal

$
0
0
Once I began to write, I realized that selecting the topic of the lives of the ‘beloved’ of Article 112 prisoners was not a very good idea. Relationships are never an easy matter — they are complicated and very personal. These relationships have been lacerated and seriously wounded by politics. My questions unearthed and scattered dust from the painful past and it was as if the retelling served to hammer in the injustice of what has happened. Simple questions about the future became filled with profound emotion.

 
The inspiration for the piece is seeing each of them return to visit their beloved in the prison like clockwork for years. Time after time, I have seen all of them shed tears. But I only have the energy to write about the lives of only four of those who are the ‘beloved’ amidst many, many more prisoners of thought. These four are examples of the lives of ‘those who provide backup’ and the impact upon them.

The online love of Thanakorn, a young factory worker

 
The story behind the arrest of Thanakorn, or Aef, leans toward the absurd.
 
The 28-year-old man grew up in a lower-class family. He finished Grade 9 and only barely began vocational training before he left to work in a factory like his parents. He left school so that his sister, who is 12 years younger, could study. According to his mother, he has worked in an automotive parts factory ever since then. He worked very hard and never missed a chance to work overtime. Every baht he made he handed over to his mother for the family’s expenses. His sister continues to study. His father ceased working many years ago due to being beset by many illnesses and his mother’s body is beginning to creak after working hard for many years.
 
This young man dedicated his life to his family and worked 12 hours a day for 6-7 days a week. Many months before his arrest, he found love online.
 
Pat, a woman 7 years his junior who is studying finance and accounting and is going to graduate from university this September … is the one with whom he fell in love. They chatted through Facebook messenger for 8 months without ever seeing one other’s faces.
 
“Aef added me as a friend and I accepted. Ever since 17 April last year, we have chatted as our relationship developed over time. But we were reluctant to meet in person. Both of us had gone through break-ups before, and wanted to chat and wait and see for a bit. I only saw what he really looked like and his real age, and learned that 7 years separates us, when he was arrested. He had said that we were the same age.”
 
A young woman whose girlhood has ended, Pat tells the story slowly and in a wavering voice. She conceals nothing. 
 
“I was a bit angry at first. The first moment that it came to me, I wondered why he had lied to me. But I decided that he must have had a reason. He knew that I was close to graduating and had a future, while he himself had only finished Grade 9. Every time I visit him at the prison, he says he wants to go on with school when he gets out. He wants a diploma like me. 
 
“It was disappointing. But the disappointment pales in comparison with what he has given me over the past months. Even though we had not seen each other’s faces, and I did not know what he looked like, he made me feel good. He never hurt me, he never harmed me.”
 
They spoke to each other on the telephone four times a day. Aef called to wake her up to go to class. He caught up with her when she finished classes. And they spoke for a longer period in the evenings. Things went on and on like this this until they made a plan to meet. “Aef told me that he would take me to meet his parents on New Year’s Day, but this happened first.”
 
Thanakorn was arrested on 8 December 2015 at the factory where he worked. He was held on a military base for many days before he was remanded to prison by the military court for sharing the “Rajabhakti corruption chart,” for which the New Democracy Movement (NDM) claimed credit in the end. But it is the young factory worker who clicked and shared it who is the one being prosecuted. Another charge was brought against him for allegedly violating Article 112 for posting a picture of Khun Thong Daeng [the king’s pet dog—trans.] with a comment that was interpreted as sarcastic.    
 
While Thanakorn was being detained and had gone silent, Pat and his mother met and went to many police stations and military camps trying to find him.
 
“I did not sleep at all that night and sent messages constantly. I called another number I had for him and his mother answered. She was very anxious and unwell. She could not speak. She cried all night and could not sleep until she took a sleeping pill. All I could do was wonder about whom we should contact to be able to see Aef again. I knew no one, no one at all.” 
 
“After he appeared for the first remand hearing, I went to visit him at the prison. The prison is where we met for the first time. We were both quiet because we had never met before. The first thing he said was my name is Aef. I said that my name is Pat. He asked me how I had come to the prison, and how I had been during the time that he had disappeared. I asked him why he was so skinny. He said that he was anxious and could not eat anything. It was an atmosphere in which neither of us knew what to talk about. But after the conversation fell into a lull several times, he began to tell me that a soldier took a water bottles and hit his back three times to make him answer until the amulet that he was wearing fell off.  He said that since he did not do it, they could not do anything to make him admit it. He was in chains when he was held on the military base. He had to sleep all night in chains. While he ate, a soldier fed him from behind and another covered his face. He lost a lot of weight because he could not eat this way.”
 
“When we chatted, Aef liked to send me pictures of cats and dogs. He sent them all the time. He loves dogs. When I read the news that it was lèse majesté, I wondered how he could have defamed the king. He had barely any free time. I do not believe that he did it.” (Her voice trembles.) 
 
“My older sister got in touch with me to ask me about him. I told her that I cannot abandon him and I cannot abandon his parents. Things are terrible. If I abandoned them, it would just make it worse. So I decided to look after his mother.”
 
Since then, this young woman wakes at 5 a.m. to trek to visit the one she loves, the one whom she had only glimpsed for the first time clad in the uniform of a prisoner. Thanakorn has requested bail many times, but the military court has denied it and he remains in prison. 
 
Pat has developed an unspoken closeness with Aef’s mother. His mother must go to work early in the morning, and so Pat visits Aef in his mother’s stead. On the occasional Saturdays that the prison opens for families to visit, Pat spends the night at Aef’s house and then she and his mother go together to visit him. 
 
“Aef’s father has to take many pills after dinner because he suffers from many diseases. His mother works in an automotive factory and has to lift heavy steel parts. Sometimes she works the late shift and sometimes the early shift. Her life is very tough. When all of this transpired, she had to work even harder. She worked until her finger became stuck in a bent position. Aef himself worked hard all the time. The first time I went to his house and walked into his room, it was like walking into a pharmacy. He had muscle relaxant gel, painkillers, and anti-inflammatory medicine. I asked his mother about it, and she said that Aef worked every day. He did overtime every day. Even if he was unwell, he still went to work. He never skipped. And so he relied on this medicine to get through it.”
 
In addition to visiting her beloved before going to class every day, Pat must also withstand pressure from her friends. They cannot accept Aef because of the accusation against him.
 
“Some of my friends go every further and tell me to stop being involved with Aef (her voice wavers). Most of my friends are older and will not deal with such problems. And I used to tutor them before exams. But now I am not free to do so. Was I going to tutor them or not, they asked. They don’t speak to me anymore. It’s like they pushed me out of our group. I left the old group and now have a new group of friends that are the same age and live close by.”
 
When I ask about the future, she says that she still hopes that Aef will be able to leave the prison, ordain as a monk for his mother, finish studying through nonformal education, and become engaged with Pat as they once dreamed.
 
“Some say that this law [Article 112] does not extend to the pet dog. I think he must just be hit with the Computer Crimes Act. If this is how it goes, then perhaps we will meet outside the prison walls before too long.”
 
* Note: Aef was granted bail by the military court on 8 March 2016 after being held for 93 days (7 days in military detention and 86 days in the Bangkok Remand Prison).—trans.
 

The young lawyer who loves and shares the suffering of ‘Golf Devil-Child’

 
For more than a year, Pok has risen at dawn to go to visit Pornthip, or Golf, his actress girlfriend, nearly every day. He waits for 2-3 hours in exchange for 20 minutes with her. During the time that he has visited his beloved, he has gone from being a law student at the end of 2014 to nearly being a full-fledged lawyer. Talking about love with a young man is difficult, though. He tries to hide his diffidence and suppress the feelings that rise to the surface every so often.
 
 
They met during a rural development camp organised by Ramkhamhaeng University at the end of 2008 and have been together since then. Pok explained that what attracted them to each other is that they, “spoke a shared language about the same things.” The pair had both read political history, political literature, and literature-for-life since high school.
 
Golf was particularly interested in the performance of plays and learned by doing from various actors and actresses. She studied formally for a short period with the Crescent Moon Theatre Group. After that, she and a small group of friends began to perform plays after being moved by the dispersal of red shirt protests in 2010. 
 
“I did not perform, but I went to help her (laughing). What she really wanted to do is to perform plays that were easily digestible. Plays that the ordinary, common people could understand and watch without having to buy a ticket. Artistic work and plays contain a dividing line built into them. It is difficult for ordinary people, villages, to attend. They cost money and time. One has to be really determined to go to an art exhibit or attend a theatre performance. But when a play is performed in the middle of a protest, it can raise questions for those who are right there. Sometimes a play can contain some answers, too, but the important thing is that it serves as an invitation to think.”
 
Golf likes plays and likes working with children. She went to different parts of the country and used plays as an instrument to build happiness and foster creativity with children. Many of the plays emerged from a democratic process in which everyone worked together to compose a play and rehearse it for a few hours before performing it.
 
She continued on this path until there was a performance as part of the commemoration of the 40th anniversary of 14 October 1973 that was loosely organized to allow the feelings and words of the performers out naturally. The performance was held in the small auditorium at Thammasat University. It was not long after the dispersal of protestors in 2010, the Pheu Thai Party had just returned to power following elections and the atmosphere in society was open. The Royal Monarch Alert Protection Network filed complaints at 13 police stations about the performance at the time, and then it became an issue in the next year.
 
After the 2014 coup, all Article 112 cases both old and new were resurrected and acted upon quickly under martial law, which allowed the soldiers to arrest suspects and detain them incommunicado for 7 days. Those who performed in the play and those who organized the commemoration scattered because they worried that would their number would come up and they would be arrested. Not longer after the coup, the news came out that ‘Bank,’ one of the performers, was arrested and faced prosecution under Article 112. The next day, it was Golf’s turn to be arrested. At that time, she was preparing to go abroad to study and work.
 
 “She later told me that when she was arrested, she excused herself to go to the bathroom. She considered killing herself then. Everything was over. Her hopes, her dreams, the possibility of her making money and helping others. None of it was going to happen. I worry about this all the time with her because her emotions swing from high to low.  She was in this kind of funk for a long time, many months, once she was in prison.  It came in waves. Everything was awful and she did not want to live any longer. During that time, the investigating officials and prosecutor put a lot of pressure on her.”
 
“When she fell into a mood where she wanted to hurt herself, I felt really terrible. All I could do was console her and tell her not to do it, and listen as I let her talk. Her emotions swung a lot then, but at least she spoke about them. So I still knew how she was doing.”
 
“I am not someone who can abandon my love in a time like this. In a time of happiness, anyone can be with another. But in times of hardship, there are not that many people who can listen to each other, who can speak to each other, and who can take care of each other.”  
 
“On the evening of the day that the court remanded Golf to the prison, I went to pick up her mother in Phitsanulok. I had a very hard time adjusting to what had happened. When I arrived, I didn’t tell her anything. I simply asked her to come with me to Bangkok. I was going to tell her when we arrived at the prison. But she knew what was happening because she had been unable to reach her daughter. So I decided to tell her and she cried. But I tried to explain it to her. It was very tough to hold myself together to tell her that her daughter had been arrested and I came to take her to visit her. I can still remember her mother sitting motionless over a bowl. She couldn’t eat anything. That was really, incredibly difficult.”
 
“She always asks me, what are we going to do when she gets out?  The prison sucks out one’s dreams and imagination. This is what I can sense from her. But since she has an excess of both, some still remain. During this period, she is studying a lot. She is studying Arabic, how to make handicrafts, religion and academic topics. She reads, and a few days ago, she was excited and told me that she read a book signed by older sister Pakavadi (Veerapaspong) that said on the front cover “For Somyot Prueksakasemsuk,” but somehow ended up in the Women’s Prison. A note was attached at the end that said, “It makes no sense, older sister Pak” (laughs). It was one of the novels she translated.”
 
“The only dream that remains secure and that Golf always stands by is that she wants to open a school for children, a school in nature, that teaches everything. One that feels like a school under the trees, something like that.”
 
“For people who grow up like this, politics becomes one of the molecules that constitutes their being. It is only that we do not know which parts will be diminished or augmented by the conditions inside the high walls of the prison and how she will position herself when she comes out.”
 
Golf will be released on 6 October of this year. Bank, her co-defendant, will get out around the same time.
 

An ordinary girl who stands beside the famous singer ‘Tom Dundee’

 
Nan is a polite and pleasant woman who is always smiling. She is an employee of a company that manufactures automotive components who became interested in politics when the People’s Alliance for Democracy (PAD) shut down the airport. She went back and forth and without realizing it, she became fully red. She joined the protests for the first time in 2010 and met Tom Dundee at the end of 2011. A great number of years separated them, to the degree that she called him uncle and he called her younger sister. But when they had a chance to see each other often, she began to see him through new and changed eyes. 
 
 
“He came by himself and sold CDs. People thought he was rich. When we became close, I learned that he was a star who faced hardship. He family had cast him out and he was alone. Even though he was in touch and took care of them, he was outside the family. He only had the political struggle.”
 
Their relationship developed over time until they came to share life with one another. Nan helped out as his personal secretary and set up gigs for him. But as he grew more involved in political activism, he played at fewer and fewer concerts. Until the concerts completely dried up and he had to return to being a farmer. Nan said that in 2010, a leading company broke its contract with him for a 75-concert tour. He was compensated with hundreds of thousands of baht, but took it all and put it into politics.”
 
“He does not refer anything that happened. Even though it has caused him to be in this mess now. He is proud of what he was able to do. He always says that everything he does is for the people, he went from being a temple boy to where he is now because of the people. He is happy that it has been reciprocated. At first, I felt neglected and felt that he did not love me. It was as though he ran to a chosen death. Why did he choose politics rather than choosing to live a happy life with me? But in the end I understand his choice. We share the same ideals. At this point, one cannot be selfish.”
 
Ordinary people may be surprised that a singer is so compelled by politics. But in truth, his interest in politics dates from when he was a young man.
 
This pair were unceasingly involved in politics in 2012 during the Yingluck Shinawatra government. Nan said that they joined with others to create the “Voice of the People” group. They went to listen to red shirt leaders in 50 areas of Bangkok about various problems and then made proposals to the government in 2012-2013. Tom and Nan put everything aside time and time again to travel to the provinces to join openings of “red shirt villages” and served as speakers about democracy, community cooperatives, and social welfare. They collected the names of villagers to call for the government to increase the social welfare payment for elderly people from 600 to 2000 baht per month. 
 
“Other people may view him as a flirt with many girlfriends. But it has not been like this since we met and got together. I am a country girl and never thought that I would meet a person like him. He treats me honorably in everything. He does not object to my being from the country or not having a secure job. What really impresses me is that he openly tells other people that I am his wife. I am neither beautiful nor self-confident. But he is certain. He tells me that he loves me and I am that I am beautiful to him. You could say that he boosts my confidence all the time.”
 
“When I am with him, he is very gentle. He cooked and helped out with the cleaning and laundry. He died everything he could to help. We each came home tired from work. He did not think that since I am his wife I must look after him.”
 
The lives of this couple, who were once farmers-cum-political-activists, changed completely after the coup. Tom Dundee was on a list of those summoned to report themselves issued by the junta and he was arrested on 9 June 2014 on a charge of violating this order. Not long after that, he was also hit with two charges of violating Article 112 stemming from speeches he gave. Oddly, one of those cases is in the Criminal Court and the other is in the Military Court. Tom is one of a small handful of people who have chosen to fight their cases. Even after he has been detained in prison for 1 year and 7 months, there has been no movement in the courts yet.
 
 
“When it happened, I nearly collapsed. I have to do everything on my own. All I can do is go to the prison everyday. We support and give strength to each other. We are strong today because we have been through a lot.”
 
Nan let their garden grow wild and sold their pick-up truck and used the proceeds to rent a room close to the prison. She goes to visit her beloved every day. Her life is very solitary. She has to try to always ‘seem’ strong and not cry in front of Tom because she is afraid it will cause anxiety for him. She has not told her family of what she faces because her elderly mother is unwell and it would break her heard. She does not unburden herself with others in the same situation because all that she has are tears.
 
“I rarely speak with the wives of other prisoners. Because we are each suffering, all we have are troubles. If we talk about it, then the sorrow just rises again. I want to help them but I cannot. If I tell my story, then I just suffer. All we can do is cry together. All of us are like this.  So I do not have deep conversations or ask for advice or unburden myself. All it did was intensify my sadness when I did so before.”
 
“How would he live if no one went to visit? The matter of moral support is very important. He is forced to simply be. In a given day, all he does he wait for people to visit. He is limited in any activity he tries to do. He cannot sing or read books. Now, there is a warden who watches him all the time. All he can do is sit and write music or meditate by himself. I understand well what it is like. I go and visit every day and his fellow prisoners give me the phone numbers of their family. They ask me to call their relatives and ask them to visit. Some people have not had any visitors for a whole year.”
 
When I ask Nan how long she can go on like this, she is quiet for a moment before she answers. She says that she is disheartened because one day the money will run out and she will have to go back to work.
 
“My heart will never retreat. No matter what, I will never let go. I have had opportunities. He never holds me back. If a better option comes, I can take it. We talk openly about this. But I won’t leave. If I go, it will be because I have to work to support myself, but my spirit will not shift. My faith in him grows more and more as days go by.”
 
“Fighting the case is tough. The hearings for witness testimony have been continually delayed. Who knows when the use of the military court system will cease. Many people choose to confess. At the very least, they then know when it will be over and can ask for a pardon … my life is lonely and full of grief. But I accept and understand that this is his struggle. If I did not understand him, it would be even harder. If a person is innocent, how can guilt be forced upon them? This is a sin. How can one be in a society like this? There is only one option, which is to go abroad. But this is not our home. If it was me, I would likely make the same choice.”  
 

The ideological comrade of ‘Yai Daengduad’

 
Viewed through the lens of an outsider, Kai is a single mother who seems to have limitless energy. But she is a sensitive person who cries every time she talks about Yai Daengduad, her beloved who was sentenced to 25 years in prison for 5 Facebook posts. When they meet at the prison, their eyes fill with tears for one another.
 
 
When we have a long conversation, I learn that her abundance of energy is in part a result of having Attention Deficit and Hyperactivity Disorder (ADHD) and in part arises from having had to struggle support herself and her family since she was a child. Her tears are complicated by the many matters that fill her heart. She became interested in politics after color-coded contention emerged and she came to consciousness as politics entered her blood.
 
“I despise injustice.” This is an essential principle for her and it is therefore unsurprising that she is critical of the leaders on the same side.
 
Her face turns completely red each time that she cries, especially her eyelids. This is because she had a facelift, not for cosmetic reasons but because she was hit by a truck when she was a teenager. She had more than 100 stitches in her face. Her survival was miraculous.
 
She has 1 son and separated from his father shortly after he was born. Her son has ADHD, which affects his schoolwork. Even though he is smart, he refuses to study like other children. In addition to struggling to earn a living, she is also stressed from taking care of her son, especially as he becomes a teenager.
 
She said that she chooses her partner by letting her son choose. If her son likes a man, then she liked him. Some people were very good to her, but not to her son. But her son likes Yai. They watch soccer together and teach each other English. Yai’s story of studying in the Faculty of Engineering at Chulalongkorn University has become an inspiration for her son. This makes her happy and gives her peace of mind. She often says that she only studied a little and wants her son to have a better future. She wants someone who can be a pillar to lead and guide her son, especially as the gap between them grows.
 
During the time that they were together, even though Yai’s work was not very secure, he was in the process of getting a large construction contract in a neighboring country.  But he was arrested four days before he was due to fly to sign the contract.  The “future” of her son has become more important to her than youthful love. 
 
Even more than that, what binds the two of them closely together with invisible chains is “political ideology.”
 
She said that she and Yai were “confidants” and “comrades” on Facebook for a long time. Each of them expressed impassioned and radical political opinions in line with their beliefs. Yai emphasized information and Kai was vehement in her responses. The pair became confidants in battling against the opposite side who came to curse and argue with them in their space. Then their online friendship blossomed offline as well. Yai himself had just separated from his family and had many problems of his own.
 
When the two moved into together, the crux of the problem in Yai’s life came to be one in Kai’s life as well. Even though they were becoming a family, it was not long enough for both to prove themselves without any questions. After they had been together for 7-8 months, Yai was arrested and put in prison. He has been in prison for 1 year and 2 months, a period longer than the time that they were together before his arrest.
 
Since Yai has been in prison, he has been alone and Kai is the only one who comes to visit him. She travels from Nakhon Pathom to Bangkok and never misses a week. The profits from her variety shop continue to drop and her debts increase. She does not ask her parents or siblings to borrow money because she does not want them to worry. She sells her gold instead and tells her parents that she had a packet of money saved.
 
After many months pass, Yai’s old family contacted him and said they wanted to visit. Kai was open to meeting his old family and told herself that if they were going to come back together as a family, she would welcome it. But after that, it was again only her who traveled to visit him as it had been before.
 
Their relationship is not sprinkled with rose petals. Even though they each cry when they meet, it is not merely because they yearn for freedom, not merely because they sympathize with one another, and not merely because they are angry at what they see as injustice. They each have their own unresolved personal problems. Sometimes Kai questions the “love” that has come to pass. This is a difficult for Yai too because he cannot elucidate what has happened, express his opinion, or maintain his love. So then what we always see are their tears. Simply saying the name ‘Kai’ make what may be tears of gratitude or guilt or insecurity come to his eyes. Perhaps all of this is correct or none at all.
 
But no matter how much the situation inside the relationship or the conditions of struggle outside oppress her, she maintains that she will take care of this man until he is free. The future after that will be another decision.
 
“However long, I can stand it. However difficult, I will do it.”
 
The reason may not be the romantic one that people expect.
 
“We are comrades. We are friends who share the same ideology. And this is something that endures.”
 
 
This article was originally published shortly after Valentine’s Day in Thai. This version has been translated into English by Tyrell Haberkorn.

The (exceptional) long struggle for justice in the (exceptional) military courts

$
0
0
Thailand’s military courts have handled more than 1,400 cases involving more than 1,600 civilian defendants. The most pressing problem has been the overuse of pre-trial detention against those accused of lèse majesté or criminal possession of war weapons, which simply turned them into “forgotten prisoners.”  If they decide to fight the charges, these civilians would face almost indefinite detention – both because of the seriousness of the charges against them and the Court’s own slow procedures. 
 
Just before 2015 came to an end, Thai Lawyers for Human Rights (TLHR) published a report on the number of civilian cases that had been handled by military courts since the May 2014 coup.  This report was based on data provided by the Office of the Judge Advocate General (JAG), which took almost two months to respond to the TLHR’s request for information.   
 

The JAG data show startling trends. During the 16-month period ending 30 September 2015, Thailand’s military courts handled a total of 1,408 cases involving 1,629 civilian defendants. With a total of 208 civilians on trial, the Bangkok Military Court had the highest number of civilian cases in the system.  The military courts in Khon Kaen and Lampang provinces came in second with each trying 158 civilians. Songkhla Military Court came in the third place with 115 civilians on trial.

 
See larger image here

Background

 
Three days after the coup, the National Council for Peace and Order (NCPO) published two announcements (Nos. 37/2557 and 38/2557) and one guideline (Announcement No. 50/2557) to apply military justice to civilians. Without any explanation or justification, the NCPO announcements make the following crimes subject to military justice:
 
  • crimes against the monarchy, including lèse majesté (Article 112 of Thailand’s Criminal Code)
  • crimes against national security (Articles 113-118 of the Criminal Code)
  • violations or defiance of NCPO orders and announcements
  • violations of gun laws
 
Overall, not many civilians were charged with defying orders to report to the military after the coup. Most of the defendants in these cases, for example Jittra Cotchadet, Assoc. Prof. Dr. Worachet Pakeerut, and activist Sombat Boon-ngam-anong, were freed on bail [after the initial arrest and detention].  Recently, the case against Apichart Pongsawat, an employee of the Law Reform Commission of Thailand, was thrown out by a judge for technical reasons (although the case was handled by a civilian court).  Those who confessed also saw their sentences reduced by half, mostly to probation.  Of 1629 cases, almost 1,000 cases were related to gun laws, for which no pre-trial detention had been ordered. 
 
However, the most pressing problem has been the overuse of pre-trial detention against those accused of lèse majesté or criminal possession of war weapons, which simply turned them into “forgotten prisoners.”  If they elected to dispute the charges, these civilians would face almost indefinite detention – both because of the seriousness of the charges against them and the Court’s own slow procedures. 
 
“Not knowing how much time they will spend in prison has a negative effect on the psychology of the accused,” said Winyat Chatmontree, an attorney who represents many political defendants in both civilian and military courts.  “It coerces the detainees into confessions just to get themselves out of jail even if they are not guilty.  This is not because they don’t have any confidence in their defence or any trust in their attorneys.  But the severe punishment for crimes against national security, the slim chance that they will be proven innocent, and the very lengthy pre-trial detention have all motivated confessions out of them.”
 

Endless wait for justice amid excessive pre-trial detention

 
In most national security-related cases, defendants usually face endless detention before they have their day in court.  It is now expected that the 14 individuals accused of planning and carrying out a grenade and firearm attack at the Criminal Court in 2015 will face very long pre-trial detention. The accused have been detained since March 2015 but the trial and the taking of evidence only began on March 10 this year.  With as many as 86 prosecution witnesses to cross-examine and given the Military Court’s practice of scheduling only one hearing a month for each case, there is a strong possibility that the 14 defendants will face 86 more months in detention (approximately seven years) before a verdict may be reached.
 
In the case of the so-called anti-monarchy “Banpodj Network,” there is also a marked difference between the treatment of those who have pleaded guilty and those who have decided to fight the charges.  The 12 individuals accused of being part of this network were arrested between January and February last year and subjected to between six to seven months of pre-trial detention each. In July 2015, the eight defendants who pleaded guilty were sentenced to five years in jail, while the other two defendants were sentenced to only three years in jail because they were considered to have played only a minor role in this case. By now, those who received the lighter sentences are already halfway to their freedom. The case against 12 individuals was filed by the Crime Suppression Division.  
 
Regarding the two defendants who decided to fight the case, after the deposition hearing was held December 2015, the defendants petitioned to the court for the case to be tried in a civilian court, not a military court. After 13 months in detention, their cases are still proceeding rather slowly and with no end in sight
 
There is another separate case against two defendants, Anchan and Thara, related to the Banpodj Network, which is under the care of Department of Special Investigation. The female defendant Anchan faces 29 lèse majesté counts. The trial only began in January 2016 – approximately one year after she was arrested. The second hearing has now been scheduled in May -- 4 months after the first hearing.  With more than a dozen prosecution witnesses on the list, it is unclear how long Anchan will have to stay in jail before her trial is concluded. Meanwhile, Thara faces seven lèse majesté counts. 
 
In the case of a male defendant named Sirapop, a poet better known by his penname Rung Sila, the road to freedom is equally long. Sirapop has maintained his innocence from the day of his arrest (in June 2014) and every time he appeared in court for the pre-trial detention hearings.  Sirapop’s lawyer has also invoked Article 10 of the 1999 Court Jurisdiction Act to challenge the military court’s authority to hear this case, given that the alleged offence occurred before the announcements on the application of military justice to civilians took effect. By the time the Court Jurisdiction Committee ruled in favour of the military court (in January 2016), Sirapop had already spent more than 18 months in jail. With the first hearing on Sirapop’s case scheduled in May, almost 2 years after his arrest, it remains unclear how much longer the poet will stay behind bars. 
 
In our interviews with two lawyers, Prachatai learned of numerous factors eroding the rights of civilians tried in military tribunals. 
 

No clear dates set for trial after charges are accepted by military courts  

 
“In normal criminal procedure, the date for the trial and the taking of evidence will be set as soon as the charge is accepted by the Criminal Court. Usually it takes about a month or not much more,” said human rights lawyer Anon Numpa.  “But the Military Court has a very different and, I would say, very unclear procedure. You never know when the trial will begin at the military court.”
 

Arranging for defendants to appear in court without lawyers present

 
“There has been an arrangement for at least one detainee to appear in court without their lawyers,” Anon said.  “In one lèse majesté case, the accused was taken to court where he was asked if he would confess to the crime or fight the charges, without giving him a chance to consult his lawyer. And then the judge delivered the verdict – again without any defence attorney present, which is unacceptable by any standard.”
 

Delayed notification of the charges

 
Failure to notify the accused of the charges against them was very well documented in a report on the fate of criminal defendants in Thailand’s military court by human rights volunteer Noraset Nanongtume. In a lèse majesté case against a male defendant named Thara (surname withheld), for example, the defence attorney filed a request on May 1, 2015 to photo-copy the prosecution order that was submitted to the court one week earlier (April 23). But when the defence attorney went to the court to follow up on May 7, he was told that court officials had been too busy. When the defence attorney tried to follow up again about a month later (June 4), officials informed him that the paperwork has already been sent to the defendant. But during a prison visit on June 5, the attorney learned that the defendant had not seen the file either. In the end, it took nearly 4 months for the defence attorney to finally obtain the formal, written accusation against his client.   
 

One half-day hearing per month 

 
“Hearings in the military court are always scheduled in the morning – they say the judges and prosecutors have to tend to administrative duties in the afternoon,” said Anon. “In some cases, one witness was scheduled to be cross-examined in three hearings [over the course of three months]. If he or she didn’t show up at one of these hearings, the trial would then be delayed by another month.  When the witness couldn’t come to court for whatever reason, the prosecutor doesn’t inform the defence attorney in advance either. They will just tell you on the day of the hearing. At the Military Court in Chiang Mai, an examination of one witness dragged on for half a year. The judges are so busy they can only schedule one hearing every two months.   This is a huge contrast with the procedure in civilian courts. Usually the Criminal Court will block the whole day for the hearing and schedule the hearing over the course of several consecutive days. This helps to speed up the trial because it allows many witnesses to be examined in a single day.” 
 
According to Winyat, this issue presents a major setback for the 14 individuals charged over the grenade attack at the Criminal Court in 2015.  At the end of 2016, not even half of the 86 prosecution witness will have taken the stand. Having 10 defence attorneys representing 14 defendants doesn’t make the matter easier either, Winyat said.  “Each attorney will need as much time as possible to examine and challenge the testimonies of prosecution witnesses in order to defend their client. This could easily cause a further delay in the trial.”

Trials delayed by judges’ note-taking

 
“In the criminal court, the judges will audio-record testimonies during the trials and have the clerks type them up later.  In the military court, the judges take their own notes in their own hand-writing,” Anon said.  “This can really slow things down.”

 

Copying of court documents forbidden

 
Unfortunately, this has become a common practice in military courts. In the case of defendant named Wichai (surname withheld), the Court rejected the defence attorney’s request to photo-copy the written record of court proceedings during the hearing on the third request for his pre-trial detention.  According to the Court, the record of the proceedings had already been relayed to the defence attorney verbally so it would be unnecessary for any photo-copy to be made. If the defence attorney had any question, he could request the Court’s permission to review the document at any time.  
 
In the case of a female defendant named Chayapa (surname withheld), her defence attorney had requested the Court’s permission to photo-copy various documents, namely (1) the formal charge, (2) the actual warrant of detention, (3) the preliminary request for her pre-trial detention, (4) the written record of the arrest and transfer of the defendant as well as the evidence supporting the charges, (5) the arrest warrant and the description of the accused’s distinguishing features, (6) the written record of the testimony of her accuser, (7) the written record of the accused’s own testimony, and (8) the written record of the Court’s finding on the pre-trial detention request.  However, the Court gave permission only for the requested document No. 5 to be duplicated – and nothing else.  
 

Secret trials

 
To be fair, Anon noted that the Court of Justice has occasionally ordered trials to be held behind closed doors as well. And not every case handled by military courts is off-limits to the public either. “The decision to open the trial to the public or hold it in secret is solely within the discretion of the court. Yes secret trials have an impact on the rights of the accused, but they certainly aren’t limited to military courts,” Anon said.
 

Equally hard to fight political cases in criminal courts

 
The overuse of pre-trial detention has also spilled over to the criminal courts, making it increasingly difficult for individuals accused of lèse majesté and illegal possession of weapons to defend themselves. In most instances, the criminal court cited the threat to national security and the flight risk based on the severity of the penalty as the reasons to deny bail. This has prompted Winyat to question the role of criminal court judges in guaranteeing the defendant’s right to a fair trial and due process. 
 
“The judges often cite national security and the severity of the penalty without considering if the evidence presented by the prosecutor is trustworthy,” Winyat said.  “In the international justice system, if the evidence is not sufficient to establish that the accused has indeed committed the alleged crime, the court will order the accused to be released temporarily. The case against the accused may still proceed but the defendant will remain free until he or she is proven guilty. This is how the court ensures due process of law and access to justice. But Thai judges rarely fulfil this duty, if ever.” 
 
In addition, the judges themselves may have violated the defendants’ right to the assistance of counsel.  In some cases, judges have tried to convince the defendants – either before or after the trial had already begun – that his or her confession would result in a lighter sentence.  
 
“This really makes the defence attorney’s job even more difficult,” Winyat said. “Sometimes when we need to challenge [the witness’s testimony or the evidence], the judge would say that our action would only slow things down and keep our clients in jail even longer.  They literally pitch us against our clients and blame us for the unnecessary detention of the defendant, even though all we’re trying to do is prove our clients’ innocence.”
 
Forbidding the photo-copying of court documents or making duplicates of evidence is not limited to military courts either.  In one case (criminal possession of war weapons), the criminal court forbade the duplication of a CD recording of a witness interrogation at a military camp, which the prosecutor used as the basis for the charges. 
 
“This is a violation of the accused’s right to fair trial,” said Winyat.  “If you are confident in your evidence, why would you worry about us making a copy of the evidence that you’re using to accuse our client of a serious crime? This has been a problem in many political cases since 2010.  National security has been used every time the court wanted to block the defence’s attempt to ensure justice for the accused.”
 

6 scenarios for Thai politics: Predict the unpredictable ‘transitional period’

$
0
0

Election? Another coup? People’s uprising? Where is Thailand heading? Academics have said that if the military decides to prolong its regime, a people’s uprising is inevitable. 

After almost ten years of political crisis in Thailand, demonstration after demonstration and coup after coup, the future of Thai politics is very difficult to predict. How long will the military regime last? When will elections take place? These are the questions many have tried to answer. 
 
Gen Prawit Wongsuwan, the deputy junta head, said last month that even after an election is held, the military will have to maintain power over the civilian government for the next five years because it is “necessary” for the “transitional period”. 
 
It is unclear what the general meant by transitional period. This phrase however has often been used by politicians, academics, and media over the past few years. The meaning arguably varies. It could be a transition to democracy, a semi-democracy, a fully authoritarian regime, and last but not least, a transition in the monarchy. Frequent news of the suppression of critics and activists has led to a climate of fear which prevents Thais from freely and comprehensively discussing how the transition should work.
 
In an attempt to predict the unpredictable, Prachatai presents six scenarios for Thai politics: 1) hybrid-regime; 2) a failed referendum; 3) double coup; 4) prolonged military regime; 5) people’s uprising; and 6) a good ending. 
 
The scenarios are based on fact, speculation, and analysis and even rumour, and are analysed through various lenses of political science. 
 
 

Scenario 1: Semi-democracy

 

The final draft of the constitution was officially released on 29 March and obviously aims to curtail the political stability of majoritarian governments. This charter, if ratified, will institutionalize the military as a real governing power of Thailand through various mechanisms. For example, the military can appoint 250 senators who will serve for five years and six of them will be top military officers. The senate will have the power to veto laws from the lower house and initiate a censure debate against the executive branch.
 
The draft also provides a secret route which allows an unelected person to become PM. With the new electoral system which aims to prevent a single-party government, it is more than possible that Thailand will have an unelected PM under the charter. 
 
Surachart Bamrungsuk from Chulalongkorn University, an expert on the Thai military, calls this political structure a hybrid regime, a regime where an elected government is controlled by other institutions. This regime will take Thailand back to the semi-democracy of about three decades ago. The unelected PM at that time was Gen Prem Tinsulanonda and he remained in power for eight years continuously (1970-1978). 
 
“Elections will be just a symbol, the real power will be in the hands of the military.” said Surachart.
 
This scenario will happen only if the draft charter passes the referendum scheduled in August. If everything goes smoothly in accordance with the junta’s roadmap without any political accidents, an election will be held around December 2017.  
 
Suriyasai Katasila, a social movement expert and former co-leader of the right-wing People’s Alliance for Democracy (PAD), told Prachatai that people and political parties are now sick of the junta. They want democracy back on track as soon as possible, so following the roadmap is the quickest way.
 
“Even Pheu Thai politicians who repeatedly reject the draft will eventually vote for it. They are politicians. Their lives are tied to elections. They might fix the things they don’t like in the charter later on, but the election must come first for them,” said Suriyasai.
 

Scenario 2: A failed referendum

 

The referendum can fail for two reasons. The first is that the public will turn down the draft in the referendum and the second is that the junta will either cancel the referendum or nullify the result. In the past few months, we have seen various groups opposing the draft. The Pheu Thai party has issued a statement urging people to reject the draft even though this will postpone the election.
 
“The Pheu Thai Party understands that the people have been waiting for and want the election to be held soon, but an election that is held under rules that are undemocratic will only create more trouble to the people and to the country which will become harder to solve,” Pheu Thai said in a statement.
 
Moreover, the junta’s administration of the country in the past two years has caused dissatisfaction among not only the red shirts but also the yellow shirts. The junta has issued a number of regulations facilitating investors, but frustrating the grassroots such as bypassing the EIA process on government projects, and exempting special economic zones from regulations on urban planning which will cause environmental and economic damage to local communities. These policies are strongly opposed by civil society, the majority of whose members are anti-Thaksin.
 
Suriyasai said that the junta are walking in the wrong direction. The middle-class and the anti-Thaksin wing want the junta to reform Thai politics and the bureaucratic system but the junta has to rely on bureaucratic mechanisms to run the country. Therefore, what the junta has done in the past two years is re-centralizing the bureaucracy, not reform the country. Under this circumstance, Suriyasai believes that the junta will gradually lose their supporters
 
However, if the junta thinks that the draft will be turned down, it might cancel the referendum by itself. Siripan Nogsuan Sawasdee, an expert on political institutions from Chulalongkorn University, said that the junta is obviously afraid of that scenario as can be seen from the suppression of debates and campaigns against the draft constitution. 
  
“If the voters reject the draft, it might as well be interpreted as the rejection of NCPO,” Siripan said in a seminar on the charter draft. 
 
We have seen various attempts by the junta to silence voices against the draft and referendum. The junta repeatedly threatens any group rejecting the draft. At least three public events to discuss the content of the draft have been banned in the past few months. Under the 2016 Referendum Bill, people who publicly denounce the referendum will be punishable by up to ten years in jail. The bill also gives the Election Commission the authority to regulate all campaigns relating to the draft.
 
Obviously, this can be seen as the junta’s frustration with the referendum.
 
This scenario is very uncertain as the junta has not clearly stated what they will do if the draft is turned down. However, the Constitution Drafting Committee (CDC) said that they might adjust the 2014 interim constitution and ratify it as a permanent one. 
 
“If the draft is turned down in the referendum, we might possibly get the interim charter. And I don’t know how the junta would draft it,” said Amorn Wanitwiwat, a CDC spokesperson in parliament on 26 January 2016.   
 
This scenario might be worse since the Article 44 of the interim charter gives the junta full authority to do anything, such as summoning people, issuing laws and approving government projects. 


Scenario 3: Double coup

 

There has been a rumour about a coup to topple the junta’s National Council for Peace and Order (NCPO) since late 2014. It started from an interview of Gen Chavalit Yongchaiyudh, a former PM and Supreme Commander, where he said “A sincere warning; next year (2015), the junta has to bear many tough burdens such as global economic and political unrest from the draft constitution. Beware of a coup! When you came in, people gave you roses but when you go, people might give you stones”.
 
Moreover, a rumour of a double coup has been widespread among underground red-shirt radio stations and media produced by red-shirt activists in self-imposed exile. 
 
However, Surachart Bamrungsuk thinks that possibility of a double coup is low because the military is able to maintain its unity. The fact that military can suppress all the scandals and rumours within a short period without any apparent public disunity proves that its unity is still strong.
 
“A double coup against the junta is just a daydream” says Surachart.


Scenario 4: Prolonged military regime without an election

 

Pavin Chachavalpongpun, an exiled academic, said that the military stepped into power to handle the transition in Thailand’s monarchy. The military is taking advantage of the anxiety and will prolong it as long as they can. They have to make sure that if the status quo changes, their interests will be maintained.
 
“The junta is taking advantage of the power vacuum to manage the anxiety from the transition,” Pavin told Prachatai. 
 
Puangthong Pawakapan, a political scientist from Chulalongkorn University, said that the transition will end only when the military feels that the country is peaceful and free from any threat. This means that the military will be there for many years, since the military will be the ones who decide if the country is peaceful or not.
 
“For the military, the country is always under threat,” Puangthong said in an interview with Prachatai.


Scenario 5: People’s uprising

 

The key players leading to this scenario are the yellow shirts and most of them are middle-class. Nowadays, they are the main mass supporter of the junta, since they believe that the military is the only one who can save Thailand from the so-called “Thaksin Regime”, that is full of corruption and immorality. 
 
Puangthong said that the longer the junta remains in power, the more corruption will occur. The yellow shirts will realize that military is no longer the solution and eventually turn against the junta.
 
In Surachart’s analysis, the global economic crisis and severe drought this year will provoke public outrage and the junta’s failure to handle these crises will eventually exasperate the middle-class.
 
“The middle-class in Latin American countries once strongly supported their military governments but the when the juntas failed to resolve economic crises, the middle-class eventually turned against them, because the middle-class prioritize their well-being,” said Surachart.      
 
Apichat Satitniramai, an economist at Thammasat University, told Prachatai that the draft charter, if ratified, will create conditions which will lead to a people’s uprising. He said that this constitution will limit the people’s opportunities to pursue their interests peacefully through political institutions. Added to the fact that this charter contains various mechanisms to prevent amendments, he said it is not going to end well.
 
“This makes me very pessimistic. I don’t know how it will end but it is not going to end well. When you shut down all the channels for people to fight peacefully, they will fight whatever way they can,” Apichat said in an interview with Prachatai.


Scenario 6: Could there be a good ending?

 

A happy ending is still possible for Thailand but the conditions for this scenario have not yet emerged. One condition is that the democratic wing has to negotiate with the military.
 
Pitch Pongsawat, a political scientist from Chulalongkorn University, said that military really believe that they are the national peacekeepers. He does not think that the military only want to pursue their own interests. The military stepped in because it really believed that the country was in chaos and it really wants to make sure that such chaos will not happen again. This is why the draft charter has various mechanisms to limit the power of elected governments, as the military believes that if an elected government has a full political power, chaos will happen again.
 
Although most people might disagree with this mind-set and its solution, they have to concede that the military is a crucial actor in Thai politics. Nowadays, we only have a wing which strongly opposes the military and another wing which consistently supports it. This condition will not lead to a peaceful ending. People have to pressure their political parties to negotiate with the military and find a common solution. 
 
“Politicians have to reassure the military that the things that they are afraid of will never happen again. This is a way that we can get democracy back without any bloodshed”, Pitch suggested. 
 
However, Pitch added that the military regime will create a climate of fear which makes people too afraid to express what they really think. In this atmosphere, military will never know what the public really feel toward them. As a result, such a negotiation will be difficult to happen.
 
“To live peacefully in a dictatorship, people, including myself, have to act and speak differently from what they really think. And this will be a new normal of Thai politics,” Pitch said.
 

 

Draft charter shows junta’s obsession with eliminating Thaksin’s legacy

$
0
0
The draft constitution is a written attempt by the junta to take Thai politics and society back to the pre-Thaksin era. The draft not only aims to prevent the emergence of a Thaksin-like government, but also the emergence of Thaksin-like policies, which were tangible and ‘edible’ for the poor.
 
The charter draft has been condemned as an attempt by conservative forces to neo-liberalize Thailand by, for instance, removing the minimum wage and universal healthcare, curtailing the protection of labour and reducing the education budget. Although most of the policies that face curtailment have been improving grassroots standards of living for more than a decade, conservative forces still perceive them as politician-initiated populist policies, wasting the country’s budget.    
 
Previously, Prachatai has analysed the macro picture of Thai politics under the draft constitution (see more). In this article, Prachatai portrays a micro level. Civil society has condemned the draft as a threat to civil rights which can lead to the abolition of policies that enhance people’s standards of living such as free education, free healthcare and the minimum wage. Some of these policies were initiated by Thaksin and the Pheu Thai Party
 
 

Labour rights: minimum wage removed and labour confederations left unprotected 

 
The draft charter might put an end to the nationwide 300-baht minimum wage policy, one of the renowned Pheu The Party’s policies, and does not guarantee the constitutional protection of labour confederations.   
 
Article 70 of the draft states that the state must provide labour safety, welfare and wages in accordance with living conditions. In contrast, the corresponding article of the 2007 charter stated that the state must provide fair pay and welfare without discrimination.
 
Boonyarat Kanchanadit, a labour activist from the Thai Labour Solidarity Committee, said in an article that the replacement of the expression “fair pay” with “in accordance with living conditions” might lead to the abolition of the policy of a nationwide minimum wage. 
 
“It is very dangerous for labour for the draft to replace the expression ‘fair pay’ with ‘in accordance with living conditions’ because it can be interpreted that the minimum wage will be different depending on the locality, since the cost of living in each area is different” said Boonyarat.
 
In 2013, Pheu Thai government initiated the ‘300 baht minimum wage’ policy, where all employers across the country are obliged to pay their workers a minimum wage of 300 baht per day. The policy has been condemned as a populist policy buying the grassroots’ support.
 
Boonyarat added that labour confederations will be left unprotected under the draft charter since it omits the word ‘confederation’ from the Chapter on people’s freedom of assembly. 
 
Article 42 of the draft constitution states: ‘A person has the freedom to gather as an association, cooperative, union, organization, community and other kind of group…’ while the corresponding article of the two previous constitutions states: ‘A person has the freedom to gather as an association, union, confederation, cooperative, agrarian group, private organization, community and other kind of group…’ 
 
Boonyarat said that the omission of the word ‘confederation’ will make labour confederations unprotected under the constitution. Labour confederations are necessary for the labour rights movement since they are networks of labour from different companies who share the same interest in improving the wellbeing of all labour and the country as a whole.     
 
Thailand nowadays has various labour confederations for different areas and industries, such as confederations of workers in state enterprises and the electronics, metal and automobile industries, and regional labour confederations. These confederations are currently protected under the Labour Relations Act but their protection might be curtailed under the draft constitution, added Boonyarat.
 

Disability: universal design and right to education removed

 
The universal design principle is removed from the draft, as well as state assistance to the disabled through the education system.
 
The concept of universal design was embedded in the 2007 charter. It is the idea that all public and private facilities should be designed with a concern for the disabled. The previous charter stated in Article 54 that the disabled have the right to access welfare, proper public facilities and assistance from the state. 
 
This article has led to improvements in the design of public facilities, mostly in Bangkok, to assist the disabled, such as elevators and ramps in subway and skytrain stations and low platform public buses. 
 
However, the draft charter has removed the entire clause and merely states generally that a person shall not be discriminated against based on race, religion, gender or physical disability. 
 
This is despite the fact that, on 11 February 2016, Disabilities Thailand, the network of physically challenged Thais, filed a petition to the Chair of Constitution Drafting Committee, demanding that the drafters reinstate the concept of universal design in the draft charter. However, their voice was ignored. 
 
Apart from the concept of universal design, the petition also mentions state assistance to the disabled in the education system which is totally absent from the draft charter.   
 
The 2007 constitution states in Article 49 that the indigent and disabled have equal rights to access standard education and the state has to provide them with assistance and support for the sake of equity. The words ‘disabled’ and ‘indigent’ were removed from the corresponding article of the draft charter, regardless of the petition from network of the physically challenged. The draft merely states that people in general have an equal right to education.
 

Healthcare: free healthcare limited to the poor 

 
The charter draft omits the word ‘equal’ from the right of Thai citizens to access free healthcare, turning it into a privilege for the poor. Activists fear that under the new charter the quality of healthcare for the poor will be even worse than at present.  
 
The draft’s Article 47 states: ‘A person shall enjoy the right to receive health services from the state. The indigent shall have the right to receive health services from the state without payment in accordance with the law ...’
 
In contrast, the 2007 Constitution states (Article 51): ‘A person shall enjoy an equal right to receive proper and standard public health service and the indigent shall have the right to receive free medical treatment from public health centres of the State...’
 
Thaksin Shinawatra introduced the universal health scheme in 2001. The scheme was called the ‘30 baht policy’ where people receive a ‘Gold Card’, allowing them to access medical treatment in their registered district with a co-payment cost of 30 baht per illness, no matter whether rich or poor. Then in 2008 PM Abhisit Vejjajiva changed it to a free health care service but most people still called it the ‘30 baht policy’.
 
However, as with the minimum wage policy, the 30 baht policy has been continuously condemned as a populist policy favoring poor people. The junta has pushed various attempts to cut the budget for the 30-baht policy. Prayut Chan-o-cha, the junta head and Prime Minister, said that it was unfair that the rich did not have to pay for treatment like the poor. 
 
Therefore, the omission of the word ‘equal’ is closely related to the junta’s plan to eliminate universal healthcare.
 
Jon Ungpakorn, the advisor of People’s Health Systems Movement, said that turning free healthcare into a privilege for the poor will lead to class stratification. The poor will only get the lowest grade of medical treatment since they are unable to afford a better one.
 
“The current government are soldiers and they don’t understand that economic development needs to go along with social development. Economic development cannot advance unless citizens can equally access a good standard of living,” said Jon.
 

Education: free education reduced, centralized control increased 

 
Upper secondary school education will clearly no longer be free under the new charter. According to Article 54 of the draft, the state must provide free compulsory education for 12 years including 3 years of kindergarten and grades 1- 9, while the previous charter covered grades 1-12.
 
Parit Chiwarak, Secretary-General of Education for Liberation of Siam, told Prachatai that many students studying in upper secondary school already face financial problems and the draft constitution will only worsen the situation especially in vocational schools because the budget for equipment, which is important for this kind of school, will also be cut.
 
Schools under the draft constitution will also become more subject to centralized state regulation as the draft stipulates that the state shall ‘direct, promote, and support’ education.
 
Athapol Anunthavorasakul, lecturer in the Faculty of Education, Chulalongkorn University, pointed out that the draft will allow the state to centralise the school system and reduce the participation of families, communities, and alternative education institutions.
 
“It will render useless any attempts to decentralise the education system and promote inclusive participation in education, which we have been working on for the last 15 years, and pull us back to an era of ‘state education’ which is not education for the people,” Athapol wrote on his Facebook post.
 

Closing down the red shirts at their roots: academic

 
The charter draft is aimed not only to prevent Thaksin’s influence in Thai politics, but also to curtail the red-shirt movement as a whole. 
 
According to ‘Re-examining the Political Landscape of Thailand’, research conducted by Associate Professor Apichat Satitniramai from Thammasat University and his colleagues, the socio-economic changes in Thailand over the past 20 years have led to the emergence of a new kind of citizen, which the research calls the “new middle class” or lower middle class, or the red shirts. This group’s characteristics and interests differ from the old middle class or the middle-upper middle classes which constitute the yellow shirts, the colour originally adopted by the pro-establishment and anti-Thaksin People’s Alliance for Democracy (PAD).  
 
This is the result of 1997 Constitution that led to the establishment of strong elected government for the first time ever in Thai politics and Thaksin, the first PM elected under that constitution, realized the emergence of the new middle class.  He launched various policies to improve their standard of living, such as the 30-baht health care scheme and village development funds. However, the old middle class, who did not benefit much from such policies, perceived them as populist policies wasting their taxes.      
 
Apichat told Prachatai that the junta has a strong incentive to eliminate so-called populist policies through the draft charter, based on two main reasons. Firstly, the junta’s mass support is the old middle class who originally hated these populist policies. Secondly, elected civilian governments will not be able to gain popularity because policies favouring the new middle class will no longer be possible. 
 
“The old middle class and the political elite are afraid of populist policies since they have increased political awareness among the poor people. Those policies make democracy edible for everyone and it is unsurprising that poor people love such policies so much,” said Apichat.
 
However, Apichat added that it is not easy for the junta to totally eliminate those policies, especially the universal healthcare scheme and free education because such policies are directly related to the well-being of the majority.
 
“If the junta stubbornly eliminates the 30-baht healthcare policy, as well as free education, we might see tremendous political resistance since such policies help secure poor people’s economic stability”, Apichat said. “Meanwhile, the old middle class will support the end of such policies since they perceive them as a waste of their taxes. In the end, it will be a class confrontation,” Apichat added.     

Draft constitution: devoid of disability rights

$
0
0
The draft constitution going up for the referendum vote on 7 August degrades the issue of disability rights to an appalling level. It shows the junta’s point of view of the disabled as those who should receive public support but are deprived of guaranteed disability rights. According to experts, this situation will weaken the force of law for equality for the disabled.

 
“Disability rights” are rights that have been legislated in the laws, legislative acts, and even agreements between Thailand and the Convention on the Rights of Persons with Disabilities (CRPD). The rights agreed upon help the disabled in their daily lives and ensure support from the state so that their quality of life is equal to the abled. Accordingly, this means that Thailand must pass laws to support their agreement with the CRPD.
 
Although Thailand has quite a few legislative acts relating to the disabled, such as the Promotion and Development of Quality of Life for Disabled Persons Act and the Education for Disabled Persons Act, they have not actually been implemented. Disability rights groups have been hoping that the Constitution, which has the highest rule of law in the country, will be able to guarantee the rights of the disabled in reality. 
 
Theerayut Sukonthawit, secretary of the Thailand Council for Independent Living (TIL), talks to Prachatai about the glaring lack of disability rights in the draft constitution, namely accessibility rights to public facilities and support for equal education.
 
Disability’s rights have become merely state’s job
 
This draft Constitution erases all disability rights progress made in the past Thai constitutions, says Theerayut.
 
Head of the draft committee, Meechai Luechupan uses a “cutting-it-short” tactic when writing the draft. Disability rights are not specifically mentioned, but are lumped into the state’s scope of responsibility. This is troubling for disability rights groups, since it will weaken the already-feeble enforcement of disability-related laws. Without disabled persons decrees, the disabled will be unable to refer to the Constitution to cover the protection of their rights.
 
“The disability rights procedure should begin with defining those rights. Then, roles and regulations come after. People must have rights first, then it is the relevant department’s responsibility to enforce the laws so that people receive the rights promised to them,” said Theerayut. 
 
Article 71 Section 4 in Meechai’s draft states that “the state must set aside funds, while considering the different wants and needs of different sexes, ages, and conditions of people in a just way” is so confusingly, vaguely worded that it allows a loophole for disability rights to be deferred and ignored, as well as discrimination towards the disabled.
 
“Of course, these regulations decrease existing disability rights,” says Theerayut. “Disability rights are not even clearly defined. Without definition, as well as making it the state’s job, disabled person’s rights are sure to decrease. If a disabled person does not have access to a right, then the only step they can take is to keep filing a complaint with the state, since they do not have any clearly-defined rights.”
 
(In)accessible facilities
 
Disabled persons’ accessibility rights to facilities were protected in Article 55 in the 1997 Constitution and Article 54 in the 2007 Constitution. In this draft constitution, however, this right is completely absent. Disability rights groups have tried to lobby against this, but they were unsuccessful.  
 
The aforementioned Articles hold great importance for disabled persons, since they determine whether disabled persons get access to public facilities or adequate support from the state. For example, one regulation states that disabled persons and their families should receive the necessary support and aid from the state. Then, the family is able to support the disabled person to exercise their rights in full, equal to any other citizen. Another regulation stipulates that disabled persons should have physical accessibility to transportation, information technology, and communication systems, as well as public facilities in both urban and rural areas. 
 
Although Thailand has a law about the disabled’s access to and use of public facilities, welfare, and other forms of aid from the state in Article 20 of the Promotion and Development of Quality of Life for Disabled Persons Act of 2007, the law has never been enforced or implemented in reality in a widespread way.
 
Theerayut says that the fact that the highest form of law, the Constitution, is brushing aside regulation of disability-related laws will cause their already-weak enforcement to become even weaker, more unclear, and more troublesome to understand and execute. Weaker disability laws might also halt the recent trend of constructing accessible public facilities, built according to the universal design principle. 
 
Non-discriminatory laws still allow loopholes for social and legal disadvantages
 
Both the 1997 and 2007 Constitutions had non-discriminatory regulations regarding the disabled in Article 30. In fact, the word “the disabled” is clearly stipulated in Article 30 in both of these Constitutions. The first draft of this draft constitution, however, did not include anything about “disabled persons or the infirmed.” This caused disability rights groups to protest against this, causing the drafters to add the words “disabled persons” into the latest draft. 
 
However, disability rights in the draft constitution are lumped into one catch-all term of “the disadvantaged” in almost every occurrence in the draft. Theerayut views this lumping-in as a sign that this draft constitution does not view the disabled as entitling any rights, but it’s the state’s responsibility to “help” them by providing welfare for them. 
 
“In this draft constitution, disabled persons are valued even less than before. Disabled persons groups have to discuss how we are going to act regarding this draft: are we going to say yes or no?” 
 
Equal education for the disabled—doable or not?
 
The latest draft of the draft constitution has regulations regarding education in Article 54: “the state must manage it so that every child receives 12 years of free quality education, from preschool until the completion of mandatory education.” However, the draft constitution does not have any stipulations regarding education for the disabled, unlike the 2007 Constitution’s Article 49 Section 2, which states that “the disabled have the right to receive support from the state for a level of education equal to everyone else.” 
 
The draft constitution includes the words “every child” in this section, painting a utopian, democratic picture–but how realistic is that image? Theerayut says that the words “every child” does not help support public education for the disabled, but continue to bar off disabled children from mainstream schooling. 
 
“They’ll say that they aren’t prohibiting disabled children from coming to school. Then when the disabled children go and enroll, there’s no teachers for them or there’s no facility for them, and they’re forced to sit at the back of the class alone, or a guardian has to accompany them at all times because the teachers have no time or training to take care of them,” Theerayut explains the common situations and problems facing disabled children. Disabled children, he says, are often not accepted into most schools and have to be sent to specialized schools for the disabled. 
 
At present, although Thailand has passed the 2008 Education for Disabled Persons Act, support for special education and training for special education teachers is absent in the draft constitution, which ignores the needs different groups of people, such as the disabled.
 
Disabled persons: yes or no to the draft?
 
Among the clamor regarding the erasure of rights in the current draft constitution, some groups have voiced that they should accept the draft, with the reason that this draft is acceptable on some levels, especially with the current social situation in Thailand. Disabled persons groups also have a very low interest in the draft constitution issue overall: many do not know the current news and are unable to access the draft constitution itself. It will be interesting to see how disabled persons groups react to the draft constitution in the near future. Prachatai asked two people with disability how they will vote in the referendum: 
 
Piyabut Tienkumsri, area operations administrator at the Phaya Thai Independent Living Center, said that he does not accept the draft constitution because the aforementioned draft seems to be untouchable. There is nothing to enforce the stipulations in it if the state does not execute them. Piyabut says the state only has the job of drafting laws to strengthen rights so that the disabled benefit from them. “In my opinion, the disabled have rights, and it’s not the state’s sole responsibility to make sure they are carried out. Each person has rights and humanity, which is equal to everyone else’s.”
 
Ornrotpol Srishisanuwaranont, director at the Phuttamonthon Independent Living Center, also does not agree with this draft constitution since it cuts out “disability rights” completely, such as those regarding facilities and education. He says that this lessens the existing, necessary, and useful rights of the disabled.
 
“These reasons should suffice for my refusal of this draft constitution. If you tell me that this is democracy, then I say that it produces inequality,” said Ornrotpol, adding that viewing disability rights from the state’s point of view is limiting and does not provide solutions for the multi-dimensional problems, which cannot be solved by hastily consolidating power and cutting issues short. 
 
Trasnlated from Thai to English by Asaree Thaitrakulpanich. 

Harit Mahaton: Literature is Freedom

$
0
0
 
At dawn on 27 April 2016, chaos unfolded among activists in the social media world, human rights activists and political observers.  Information was shared over the internet that military officials were arresting and detaining several persons in Bangkok and other provinces. The smoke cleared in the late morning of the crackdown, revealing who had been arrested, how many, and why they were abducted.
 
On 28 April 2016, the dust settled. Eight detainees were transported from the 11th Military Circle to the Crime Suppression Division and charged with sedition and violating the 2007 Computer Crime Act for making the We Love Gen Prayut Facebook page.  The arrests reflected the fragile mentality of the leader of the country who cannot tolerate laughter and satire.   Two among the eight were also charged under Article 112 of the Criminal Code, the royal defamation law.
 
Harit “Pon” Mahaton, an introvert writer and a Ramen noodle restaurant owner was among the eight people charged with these crimes. It is hard to believe that a man known among his friends as a gentle-hearted person, as sweet as a big-eyed Japanese manga lady, has become a threat to Thai state security.
 
 
 

Read and Read More

 
Harit, or Pon, lost his mother to leukaemia when he was only nine. His most treasured memory is the face of his mother telling him to read and read more because knowledge is the most important thing. His mother had cultivated the reading habit when she was alive. Her words motivated Pon to read cartoons and literature since his childhood.
Pon likes fantasy novels, thrillers, historical novels and Chinese philosophy.  He also practises the Chinese martial art called Xingyi Kungfu, or ‘five elements form’, and Tai chi, with an interest in Chinese philosophy. His friends recount that Pon is especially fond of Chang Tuan Jing, the Book of Flexibility and Changes. His favourite novels during his early period were His Excellency of Time by Lawitra, the pen name of Pannitsa Bhumiwatra. He is inspired by Japanese thrillers by Otsuichi, especial “Goth: Wristcut” and “Summer, Fireworks, and My Corpse.”  He started writing novels shortly afterwards because he found there was nothing worth reading.
 

Light Novels

 

Harit Mahaton (second from left) is chaned at his ankle when the eight was taken to the court on 10 May 2016 Photo from Sa-nguan Khumrungroj
 
Apart from Chinese philosophy, Harit is also interested in Western political philosophy. His major turning point was the fact that he became addicted to Niccolò Machiavelli’s The Prince, a classic and controversial work that had a profound effect when he was a political science student at Thammasat University. The Prince was adapted in the middle period of his writings. The Diplomat of Centara and The Rainbow Crown was second runner up in the second Jamsai Publishing Books Young Fantasy Writer Award in 2011. Like other writers, time has refined his books. His friends recall that Harit’s early novels were dark and gloomy but he embraced a lighter, more adventurous and fantasy side in his later work.
 
The Diplomat of Centara and The Rainbow Crown was not his first published work. He has regularly had web-published novels on the Dek-D website, which is where he has built his fan base. In 2005 he self-published a handmade novel entitled Teardrop in the Middle of a Black Sky. His latest work is Noah's Guardian, which was published in 2016.
  
Most of Harit’s work is classified as light novels -- novels primarily targeting teenagers and young adults. The light novel genre focuses on fantasy and popular unputdownable stories, as opposed to ‘heavy’ literature admired by hardcore bookworms who look down upon light novels as second-rate literature.
G. K. Chesterton, an important English writer and political critic, who created the Father Brown character in detective literature, said "Literature is superfluous. Fiction is necessary.”
 
Harit considers light novels as the future of the book industry. Light novels are enjoyable whenever there is nothing to do. A friend of his said Pon has many light novel plots in mind that he wants to transform into texts. Harit reasons that his preference for light novels is because the light novel is easily accessible and does not need the label of high literature, something it is not interested in. He only cares that people like and buy the books.
 

“Literature is a Form of Freedom”

 
Harit was a two-term president of Thammasat University Literature Club. A close friend recounted that during his term, the Club was very active. He tried to push members to write and publicize their work to outsiders in contests or by sending stories to publishers. He also organized many seminars.
 
In 2013, Harit joined the Thai Writers Guild as an annual associate member because he wanted to join their activities and aimed to connect the world of the new generation of writers of fantasy novels in the light novel genre to the high literature authors.
 
“Literature is not social guidance. It is freedom.” He did not view literary contests as an indicator of a good novel.  He said the quality of a book depends on its readers. The more readers, the more critics and comments, the more one would know if a book is good or otherwise. As a result, he is interested in literary criticism and wants to read many literary critics. He thinks literary criticism improves literature, although many people did not welcome his criticism because they cannot tolerate his frankness,” a friend said. 
 
Harit’s literary criticism is frank to the point of being offensive, capricious, harsh, unrelentingly direct and adversarial. He is fearless of conflict. Harit even warned friends of lame cartoons and often recommended fine cartoons with less catchy graphics. Some of his criticism also suggested appropriate genres to different characters of people.
 
Harit’s works and ideas reflect the idea that literature is not noble. He often said to friends that writing is not creating an art, but is the construction of a new world.  Recently, literature has been hard to sell because although people have money to buy, literature cannot adjust to and accommodate common people. This is the reason Harit writes light novels aimed at young readers and simplifies intricate content in 'Noah's Guardian’ — a novel about underdogs in the last human spacecraft, who want to prove that they are not as useless as they have been condemned to be. The novel touches on and reveals the caste system, social sophistication and sacrifice to protect others. Harit’s literature often speaks of the search for identity and freedom.
 
He once said to a friend “Literature is a form of freedom.”
 
(Left) Harit in a Marvel comic hero's suit. (Right) Harit in inmate uniform. Photo from Starless Night - Harit Mahaton
 

Don’t Abandon Hope.

 
A close friend who has known Harit since Grade 8 said that Pon did not want to be a great writer but he wants his work to be addictive and enjoyable.
 
“Pon dreams that he will create more enjoyable books. He believes that there are links between people and reading will spread such links.”
 
Unlike six other friends who were arrested, charged and released on bail on 10 May, Harit and Natthika Worathaiwich continue to be detained in jail because they face lèse majesté charges. Harit’s friends created a Facebook page called ‘Starless Night-Harit Mahaton' to spread his ideas and works and to support him.
 
One piece of content quotes Harit’s post on the cardinal rule of his life.
 
"The most important rule is not to die, and secondly, not to abandon hope."
Do not abandon hope, even as the night sky is starless.
 

Lessons learned by PDRC supporters 2 years after the coup

$
0
0

To commemorate the second anniversary of the 2014 coup d’état, Prachatai presents interviews with some of those who had protested against the government and against elections, aka the PDRC, whose lives and political ideas have been changed under the junta. Branded as the ones who paved the way for the coup two years ago, they have now learned that it is better to have an elected government, even a ‘bad’ one, than a dictatorship.

For two years since the coup on 22 May 2014, Thailand has been ruled by the military regime of Gen Prayut Chan-o-cha, the junta head and PM. One of the key factors leading to the coup were the protests of the People’s Democratic Reform Committee (PDRC), the anti-election political movement led by Suthep Thaugsuban, a former Democrat politician.
 
The PDRC first emerged in late 2013 to oppose the Amnesty Bill, submitted by the Yingluck Shinawatra government. However, even though the Bill was scrapped, the movement expanded into an anti-election and, eventually, pro-military movement. The military supported the PDRC, Suthep claimed. He specifically named the current junta leader as a PDRC supporter. “Gen Prayut Chan-o-cha (then Army Commander) and most soldiers side with the country, side with justice, and side with the people,” Suthep said at the time.
 
Two years later, although academics, pro-democracy activists, civil society workers and the international community have repeatedly condemned the junta’s National Council for Peace and Order (NCPO), Suthep incessantly praises Prayut. “I’m certain that Gen Prayut can maintain peace and order in the country and will smoothly facilitate the August referendum,” Suthep told the media, expressing his support for the junta’s draft charter.
 

Suthep Thaugsuban tells the media on 14 April 2016 that he supports the draft charter

But that is only the PDRC leader’s opinion. The movement did not consist only of Democrat politicians, who seem to directly benefit from the junta’s attempts to weaken Thaksin’s Pheu Thai Party, but also activists and civil society workers from various fields, -- the environment, labour, health and development -- who have been greatly affected by the junta’s laws and policies.

In this article, four prominent civil society workers, who once sympathized with the PDRC, gave Prachatai their views of the junta’s administration in the past two years. Most importantly, they were asked “If you could go back in time, would you still join the PDRC?” Unlike Suthep, all four are very disappointed in Prayut and the coup.

Environmentalist: Junta favours capitalists more than Thaksin did

Prasitchai Noonual, an environmentalist from southern Thailand, told Prachatai that two years ago, he participated in the PDRC movement as he wanted to fight for the well-being of southerners. He opposed Thaksin Shinawatra government projects such as coal-fired power plants, saying that such projects favoured investors but would be harmful to the local environment.
 
“Today, we are carrying out a significant mission to uproot the Thaksin regime from Thailand,” Prasitchai said on a PDRC stage two years ago.
 
But he has realized that he was wrong, since the junta has favoured foreign investors to an even greater extent. For instance, the junta claimed the authority under Article 44 of the interim charter to bypass the EIA process for government projects and make exemptions from urban planning regulations, allowing investors to build anywhere and ignore the surrounding communities. (Read more)
 

Prasitchai speaking on a PDRC stage on 20 February 2014 (source: ASTV Manager Online)

Prasitchai added that the junta’s policies and administration are no different from the Thaksin government. But the junta is much worse because people were able to stop some government projects during Thaksin’s time, but never under the junta.

“I previously thought that the military could make the country better and more developed but I’ve proved to myself that I was wrong,” Prasitchai said. “If I could turn back time, I wouldn’t participate in the movement (PDRC). This is not what I expected at all.”

Student activist: we want people’s participation in political reform

Unlike Prasitchai, Thatchapong Kaedam, a student activist who was very active in the student wing of the PDRC until the last minute, told Prachatai that if he could turn back time, he would join the movement anyway since he wanted to stop the Amnesty Bill. The fact that the Yingluck administration supported the blanket Amnesty Bill in 2013 to whitewash her own brother obviously showed that the government was a parliamentary dictatorship, which is unacceptable to Thatchapong.  

“Democracy in the opinion of a vicious capitalist like Thaksin is not true democracy. But our democracy is the real thing because it emerges from the fact that you are sitting here [at the PDRC rally]. It is practical democracy,” Thatchapong said on the PDRC stage 2 years ago.

Thatchapong Kaedam (white shirt) speaking on a PDRC stage on 18 May 2014 (source: Lek Leko’s Facebook)

After observing the junta administration for two years, Thatchapong told Prachatai that he was disappointed because it has failed to deliver what it promised to the public – that it would reform the country before an election. According the draft charter, it is obvious that reform will happen after the election. Moreover, the reforms will be carried out by an unelected government and junta-appointed political bodies, not by the people or civil society.

“Back then, I always believed that a coup d’état would never happen again in this country. One had just happened in 2006 so I thought the military would not do it again. But of course, I was disappointed,” Thatchapong told Prachatai.

Thatchapong added that the junta’s intimidation of ordinary people will heat up political conflict. It is, however, not a conflict between the red shirts and the yellow shirts, but rather between the people and the dictatorial regime.

Doctor: we could protest under a civilian government, but now we can’t

The third interviewee is Supat Hasuwannakit, a medical doctor and activist from Energy Walk Thailand and the Medical Volunteer Network. He is also an official in the Ministry of Public Health. He had been part of PDRC movement since the anti-Amnesty Bill campaign and agreed with the anti-election strategy. Due to his involvement with various civil society organizations, he had proposed many issues, such as energy reform, community rights reform, healthcare reform, and bureaucratic reform, during the PDRC demonstrations.

“We don’t accept the election [on 2 February 2014] and the Constitutional Court has done the right thing by nullifying the election result,” Supat said on the PDRC main stage.

Supat Hasuwannakit on the PDRC main stage on 25 March 2014 (source: Bluesky Channel)

Two years later, Supat told Prachatai that people are now fed up with the junta but they don’t dare to express their anger due to the intensive suppression of free speech. This anger, however, will manifest itself in the August referendum, meaning that people show their approval or disapproval of the junta through the ballot box.  

Supat added that generally, public assembly is how the people bargain with the state, but that is hardly possible under the junta.

“Let’s hold an election now. We’re sick of the junta. At least under an elected government, we can criticize, express ideas, and negotiate. Doing such things is very difficult under the junta,” said Supat. “This is a big lesson for all Thai people, that we might despair of representative democracy but a coup d’état is absolutely not an option in any way.”

Activist: We have a PM dumber than the previous one

Last but not least, Boonyuen Siritham, a former senator, is a former PDRC sympathizer whose networks have been affected by the junta. Like Supat, she is involved in various civil society issues such as community rights, consumer rights, and energy reform. However, during the PDRC movement, she mostly advocated energy reform, claiming that Thaksin had appointed his people to the boards of national energy agencies, making the price of energy higher than it should have been.     

“To be an executive in the Thaksin regime, the first requirement is that you have to be dumb. You don’t have to think, just listen to Thaksin,” Boonyuen said on a PDRC stage.

Boonyuen Siritham on a PDRC stage on 17 January 2014 (source: ASTV Manager Online)
 
Two years have passed, and Boonyuen told Prachatai that apart from maintaining peace and order, the junta has done nothing tangible for the country. The national reforms that the PDRC demanded before the coup have made hardly any progress and no civil society members have been allowed to participate in any ongoing reforms.
 
“We use to call the former PM ‘the dumb girl’ but I’m not sure whether we now have a dumber PM or not, since our lives have more suffering than during the dumb girl’s government,” Boonyuen said in a public forum.
 
Boonyuen added that the junta’s draft charter will take Thai politics back almost 20 years. For example, the draft allows the junta to appoint 250 senators to parliament and they may have the right to vote for the PM, the same as elected MPs. She believes that if the charter is ratified, Thailand might have an unelected government even after an election.
 
“Do I want an election? Of course I want one, but if an election is held under this charter, it will worsen the country’s situation. By the way, the more important thing is that the military has to go now. Two years is already too long,” Boonyuen said to Prachatai. “The military claimed that it would solve the political conflict but the conflict hasn’t been solved at all. In fact, the military has created further conflicts.”

 

No more beggars on the footpath? The new Beggar Control Act

$
0
0
 
In the near future, Thailand’s ubiquitous roadside beggars – whether young, old, or physically infirm – may completely disappear. Under the terms of a new Beggar Control Act, recently adopted by the National Legislative Assembly and slated to be enforced over the next few months, they will literally be “led off the footpaths.” Ministry of Social Development and Human Security (MSDHS) Permanent Secretary Maitri Inthusut explains that under the new law people will be given what they need without having to beg. Towards this end, MSDHS is reportedly collaborating with all relevant agencies to assure that beggars will be able to find employment and acceptance in their communities.  Whether the new policy will work is another matter.
 
 

Begging in Thailand

 
There are grounds for concern.  Last year, MSDHS reported that Thailand was home to some 3,221 beggars. However the Mirror Foundation, a private development organization, estimates the number to be much higher – upwards of 6,000 people.  And unemployment alone is also not the sole cause of begging; labor trafficking from neighboring countries adds a level of complexity to the problem. Two years back, the US State Department’s annual Trafficking in Person Report classified Thailand as a Tier 3 country because of a perceived failure of local officials to meet minimum standards in monitoring and combatting trafficking. At issue were labor conditions in the local fishing and commercial sex industries but the report also noted the ongoing problem of forced child begging.
 
Mirror Foundation estimates suggest that there are now more than 1,000 children begging in provincial centers and tourist spots around Thailand with as many as 500 of these operating in Bangkok. Roughly 80 per cent are reportedly Cambodian nationals, many of whom have been arrested and sent home only to return to Thailand at a later stage. With limited economic opportunities in their home country, they have little recourse but to come again and again, a process which the Mirror Foundation claims has in recent years been facilitated by well-organized cross-border gangs.  Faced with the sight of women carrying small children while begging on footpaths, many Bangkokians have long assumed that at least some of the children are victims of trafficking. The reality may actually be worse - mothers and children trafficked together.
 

The Beggar Control Act

 
The previous Beggar Control Act of 1941 lacked provisions to punish individuals responsible for trafficking people into begging. The problem was never addressed. In 2008, a new law was proposed that would have empowered local authorities to manage begging by issuing licenses to the physically disabled and to old people with no means of financial support. In the end, it was shelved in the face of considerable opposition, particularly from people who took offense at the idea that the handicapped were only capable of begging.  The current act took shape after the 2014 coup d’état. It was passed into law by the NLA on 4 March 2016 and will take effect 90 days after publishing in the Royal Thai Government Gazette.
 

Prohibitions and Punishments

 

Photo from the Mirror Foundation
 
The new law forbids people from any and all forms of begging, direct or indirect. It also prohibits impromptu “displays of skill” on public footpaths, requiring performing artists to register with local authorities beforehand. In contrast to the previous Act, which did not criminalize begging and only penalized runaways from social welfare facilities, it stipulates that beggars can be fined as much as 10,000 baht and/or jailed for up to a month. Penalties for traffickers and those seeking to benefit from begging are more severe: prison sentences of up to three years and fines as high as 30,000 baht. Government officials found complicit face more extreme punishments: up to five years in jail and/or up to 50,000 baht in fines.  
 
As beggars are poor and unemployed, there is little likelihood that they would be able to pay such fines. Provided beggars are elderly or infirmed Thai nationals with no means of support, the law allows for them to be remanded to a welfare facility without punishment, however.  Nathi Sarawaree, Secretary-General of the Issarachon Foundation, a group that works with members of the local homeless community, believes that the law is meant to provide authorities with a means of controlling the problem and that feels its more severe penalties will only be used in criminal cases.  Noting that legal measures are already in place for dealing with cases involving trafficking, child welfare, illegal immigrants and the homeless, he concludes that the new law is a preliminary step in getting beggars off the footpaths, determining whether they were engaged in criminal activities and addressing trafficking cases.
 

Auditions and Registration for Street Musicians

 

Photo from the Mirror Foundation
 
Another aspect of the new law is its classification of street performance – by musicians and others who ‘display skills’ in exchange for donations – as a type of begging. In this instance street performance will not be banned altogether, however.  In the future, would-be performers may be obliged to register with at the local Department of Social Welfare and Development office or at the provincial office of the Ministry of Social Development and Human Security.  They may also need to audition in front of a Ministry of Culture representative.  Details and procedures have yet to be clarified.
 
Vithanapat Ratanavaleepong, head of the Mirror Foundation’s Stop Child Begging Campaign, is one of a number of people who feel that grouping beggars and performers together might create problems.  According to Vithanapat, most performers are strongly opposed to the new law.  Some are concerned that registration will lead to demands for under-the-table payments and other feel that the complex registration process and likely constraints it will impose on where and when performances can be staged will essentially end the art of street performance.  Another Mirror Foundation official was more favorable, noting that the new law would make it very difficult for behind-the-scenes individuals to derive benefits from street performance and adding that preliminary screening of performers would help to establish their artistic credibility.  He also noted that performers were likely to oppose the law until its specific provision were clarified and added that an age provision should be included in the final draft to make sure that children were not exploited in street performances.
 

Separating fakes from the real deals

 
Discussing the impact of the new law, Vithanapat noted that while it was likely to help in addressing trafficking and gang operations, it would also have serious consequences for poor and homeless people whose begging was a matter of survival. Prachatai talked with one such individual, “Boonseng”, a physically disabled man who lives in the Ta Prachan District of Bangkok.  A former lottery ticket agent who turned to begging after being robbed, Boonseng complained of being chased off the sidewalk by state welfare officials and regularly accused by members of the public of faking his disability.  At one point, he says, he was even forced into a vocational training program only to be returned to the street a few days later when authorities realized the severity of his disability, the result of a crippling bout of polio in both legs.
 
“They will never be able to enforce this ban.  There are too many poor people, a lot more than there are rich ones. No one wants to go hungry. They do what they have to. You would too. If I could eat sand, I wouldn’t beg. I can’t so I do. No one willingly starves,” Boonseng told Prachatai.
 
Whether the law is enforced will also depend on the police. Vithanapat notes that the earlier control act was never effectively implemented because the police did not want to be tasked with chasing after and rounding up beggars, with immediate repercussions for other agencies pursuing trafficking and child-welfare cases. Whether the relevant authorities can now better distinguish between beggars, street people, homeless persons and those who take advantage of them remains to be seen.
 
Photo from the Mirror Foundation

 

Once detained, where will they be sent?

 
Deporting foreign nationals and sending up-country beggars back to their home provinces for training is not likely to be a solution. The former return to Thailand and the latter have in the past generally received little in the way of meaningful vocation training. Begging for an extended period of time also creates its own issues. Vithanapat notes the case of children from Surin Province who came to Bangkok to beg by playing the khaen, a northeastern reed pipe, at local tourist spots. Growing up as beggars, without education or vocational training, many were left with few employment options and continued begging into their adulthood. Unable to gain the same level of sympathy – and income – that they received as children, at least some turned to trafficking, managing and organizing gangs of child beggars. Clearly, the steps taken to help beggars after detention are critically important if the new law is to succeed. As noted by Vithanapat, “the state must quickly provide them with support and training to develop their capabilities and quality of life.”
 
Whether the new Act will address the problem of Thai beggars, whether getting beggars off the footpaths of Bangkok will improve their lives and reduce related trafficking problems, remains to be seen.  
 
The story was first published in Thai on Prachatai and translated from Thai to English by Matthew Copeland.
 

Imprisoned Poet Testifies: “Summoned again, I would again refuse”

$
0
0
 
Anti-coup poet Sirapop, pen-name Rungsira, is a tall, 53 year old, long-haired man with a rough demeanor but of polite and reasoned speech.
 
On the Rungsira webblog, he analysed current and historical politics, as well as military topics such as troop strength and weaponry. He sometimes references Wikipedia, so it is best for the readers to be cautious that he is a self-taught expert. Many entries are, naturally, in opposition to the coup d’état.
 
Following the 22 May 2014 coup, his name appeared on a list of those summoned by the NCPO. The list was televised the first of June, ordering Rungsira to report on 3 June. Rungsira did not appear.
 
He was forcibly detained 25 June 2014 at 10.30pm by Special Operations, Rapid Deployment troops wearing incomplete uniforms and carrying military weapons. They used their vehicle to cut off the pickup in which Rungsira was travelling in the rain. “Like in a movie,” he says. This was before arriving at the intersection leading to Kalasin City on the way Ubon Ratchathani. He says he was awaiting an opportunity to seek political refugee status from the UNHCR. 
 
He wonders why the NCPO even knew his name. He used his pen name for the blog and he had never participated in any demonstrations or joined any organization. Only two close friends knew who Rungsira really was.
 
After being detained at the military camp for seven days, he was turned over to the police under accusation of having violated the NCPO summons. Based on three posts to the internet, he was later also charged with lèse majesté under Article 112 and with violating the Computer Crimes Act. He has now been jailed for just a month short of two years.
 
 
The three offending posts were:
 
  1. A politically derisive verse posted on the Prachatai web board 4 May 2009.
  2. A sarcastic cartoon captioned with the line from a popular song, “Deva walking on the earth,” posted to the Rungsira Facebook site, 15 December 2013.
  3. A mocking cartoon and message on the Rungsira weblog under the heading, “Descendants of the undead Bowaradet Rebellion and these unfreed slaves” posted to the Rungsira weblog 22 January 2014.
 
Late in the afternoon the day before Rungsira himself was detained, about 30 soldiers and policemen, both in and out of uniform raided the Songkhla offices of his contractor business, confiscated all the telephones and computers and detained his two daughters, son and 10 year old grandchild for questioning at the military camp at Songkhla City, holding them all until after midnight.
 
“I was shocked,” His daughter Phloy says. “I could do nothing. I tried to keep calm. I thought what is it that is so serious? It’s as though we’d committed murder, like we were trafficking narcotics or committed some other serious crime, something truly big
At first I was very troubled. Our family had never faced anything like this.
 
“Even with long absences we are still very close. It’s hard to accept this kind of thing, the more so since our father is not a bad person. He hasn’t done anything to warrant prison and that fact just makes it worse. As long he’s been there, I haven’t resigned myself to it and I’m determined that whatever happens I won’t abandon him. However long he is on the inside, I will take care of my father until he is free once more.”
 
Currently he is visited only by his daughters, taking turns once a month.
 

The long road fighting the case and the secret trial 

 
Sirapop’s story has been little news for the two years of his imprisonment, but we had opportunity to speak with him at the time he was arrested for failure to report.
 
“Since the coup of 2006 I have been unable to accept seizures of power, the injustices a small group commits against the majority, the slaughter of unarmed citizens, 100 of their fellow countrymen killed and a thousand injured, the center of the capital occupied by soldiers repeatedly for over half a century.
 
“These repetitious, contradictory and backward events make me think this country is in a critical state of decline.”
 
He denies all charges against him and confirms that he will continue to fight them. His family has offered bail at least three times but the Court continues to refuse.
 
More, as a prisoner he joined the Resistant Citizen group in charging General Prayut Chan-ocha and his cohorts with violating Article 113, that is with treason, for overthrowing the government. The court of first instance and the appeals court have refused to hear the case. 
 
Hearings on the lèse majesté charges only began on the 10th of May this year, with the military court ordering secrecy so that no one can monitor the proceedings and the progress of the case.
 
Hearings on the charge of violating the NCPO summons began on 22 March 2015. Defendant’s attorney, Mr. Anon, says that the state has four or five witnesses, most in order to confirm that Sirapop did not report. The defendant’s questions how the NCPO knew his name, how the operational team was able to arrest him while traveling on the highway and so on, will be addressed in the secret lèse majesté proceedings.
 

“Summoned again, I would again refuse.”

 
The defendant testified in the failure to appear case on 23 May this year, after having been incarcerated for a year and 11 months. He was brought from the Bangkok Remand Prison to the military court in leg irons and prison outfit. The proceedings were clearly audible, but the judge would not permit recording.
 
Sirapop testified that Nonthaburi is his hometown and that he completed a course of studies in journalism, but works as an architect and construction contractor. At the time he was arrested he was working on a large project in Hat Yai, Songkhla with about 50 employees. Soldiers and police raided the house in Songkhla and detained his children for questioning at a military base before freeing them. Sirapop himself was seized in Kalasin Province while riding in a taxi on the way to Ubon Ratchathani Province. He was held by the military for seven days. Along with the driver and a travelling companion he had not known previously he was taken to a military base in Khon Kaen for preliminary questioning. Following that, an Internal Security Operations Command unit flew in to interrogate him separately before putting him in a van with a soldier attached to the Army in Bangkok. The first round of interrogations in Bangkok was led by a policeman of major general rank from TSCD. There were also soldiers and police both in uniform and plainclothes along with a senior DSI prosecutor, information officers from Military Region I, NCPO legal representatives and officers of the ISOC Information Department. Altogether there were about 30 persons involved in the three hour interrogation.
 
He told them that he had been writing political poetry and political and military analysis since 2006 and publishing on the internet. The questioning focused on his articles opposing the coup, on military strategy and on his political views.
 
Sirapop told the court, “In the course of the interrogation, officials of various agencies revealed that they had been monitoring my postings since 2009.” 
 
He testified that following that interrogation, officers of the DSI interrogated him further and that there were discussions with military intelligence personnel and with NCPO officials. There was a major session on the final evening in military custody with 50 officials led by an admiral with the NCPO. The admiral told him that he had been constantly monitored and that there were many items that had come to the attention of military war rooms during multiple periods of unrest, regardless of the instigating color.
 
He was then turned over to the police.
 
He also had opportunity to explain to the court his opposition to the coup, that indeed, he had for long been opposed to coups d'état, and began expressing that opposition in blogs in 2006. He realized that corruption and lèse majesté were nearly always among the reasons given for a takeover dissolving a government of the people. He believes that whenever there is a problem, any problem whatsoever, it should be resolved under the democratic covenant in accordance with the will of the people as expressed in elections.
 
He testified loud and clear that having for long expressed this firm stance, in the face of yet another takeover he could not cooperate in any way with the coup-makers. 

The court scheduled the next hearing for 7 July 2016

“My position has always been non-violent resistance to coups. When the coup occurred I engaged in civil disobedience, refusing to accept the power of those using the force of weapons to topple a government established by the people under our system of democracy with the King as head of state.
 
“I did not believe that the coup makers, or, if you will, the traitors, would remain in power for long and I chose to defend rights, freedoms and the constitution peacefully and nonviolently, avoiding aggression, by simply not cooperating with the traitors.”
 
The attorney asked if there were another coup and he were again summoned: “Would you go?”
 
“If there were another coup and I was again summoned, I promise you: I would not go!”
 
The day on which he testified against the charge of violating NCPO orders, the Supreme Court agreed to consider the case which Sirapop and the Resistant Citizens group brought against the NCPO for treason.
 

New Democracy Movement: achievements and future

$
0
0

To commemorate the first year of the the New Democracy Movement, the up and coming anti-junta youth activists, Prachatai reviewed the development and achievements of the movement during the past year. Talking to the prominent members of the group on the future direction of the movement, a co-leader claims that they are currently the national opposer of the junta.

On 22 May 2015, groups of students and activists in Bangkok peacefully gathered at multiple events to commemorate the coup d’etat one year earlier. At the events, the authorities cracked down by arresting more than 20 student activists and many others, of which, some were reportedly beaten and tasered. Immediately following the controversy, more protest occurred at Pathumwan police station demanding the authorities to unconditionally free the activists.
 
In contrast, 22 May of this year looked much different. Approximately 500 people marched to the Democracy Monument for the same reasons as the disastrous year prior. The participants mostly wore ‘Vote-No’ t-shirts, signifying that they will turn down the junta’s charter draft in the August referendum. Surprisingly, nobody got arrested on the event despite the fact that it was much more intense than the previous year. 
 
 
Protests of 2015
 
 
Protest March of 2016
 
This could be seen as the junta easing its aggression towards its opposers. Although there are many factors leading to this possible easing up, one of the prominent factors is the emergence of New Democracy Movement (NDM), the most active student movement against the military junta. 
 
The NDM was established on 8 June 2015 by a group of the recently arrested and released students who were involved in the events in May, just short of three weeks prior. The group was created in hopes to unite the fragmented student groups of Thailand, to fight back against the authorities. Its first year has proved that the member of the groups are not only brave, but also strategic in that they create activities which antagonize the junta and show Thai society how fragile and corrupt the junta is.  

NDM’s Success

 
In the past year, the NDM participated in at least three prominent events challenging the junta’s legitimacy and authoritarianism in Thailand. The first event is the protest against the imprisonment of the 14 activists, including the current leading NDM members, who hosted the coup commemoration on 22 May 2015. Weeks later, the 14 activists were arrested from a safe house in Bangkok. They were immediately sent to the Military Court in the late night, which is outside of usual office hours, and were later detained at the Bangkok Remand Prison for 12 days. 
 
During those 12 days, the NDM consistently hosted protests in front of the court and prison demanding authorities to free the activists. Many people participated in the protests. They lit candles and sang ‘Starlight of Hope’ to express their supports and solidarity to the detained activists. Eventually, on 7 July, the Military Court rejected authorities’ request to continue the imprisonment and the 14 activists were released the next morning. 
 
This activity shows the group’s understanding of practically using media coverage. The group made the most of the arrests of the activists -- both before, during and after the release. The coverage became international news and made the junta looks bad to the international community. 
 
The second crucial event is the investigation of the military’s scandalous Rajabhakti Park that involved the embezzlement of millions of baht during the building process. In December 2015,  NDM, Resistant Citizen, and other pro-democracy groups planned to highlight the military’s corruption scandal by taking a train down to the park to report on the corruption. This begs questioning: how could a group of students expose corruption by riding a train to see the public park though? The junta, however, given the fragility of its image, ordered the arrest of all 36 activists on the train. This inevitably touched the nerve of the junta supporters who subscribed to the junta’s vow to clean up the corruption that was found in the previous civilian government. 
 
Student being arrested in 2015 Coup comemoration (source: LLTD)
 
The third contribution, which does not directly confront the junta, was the NDM’s role in the improvement of human rights conditions within Thai society. On 25 April 2016, Kornkanok Khumta, a member of NDM who was arrested for joining the trip to Rajabhakti Park, was sent to the Central Women’s Correction Institute where she was forced to take off all her clothes, in front of a group of people, to undertake a pelvic examination before she was released, despite the fact that the court already granted her bail earlier that day. After she was released, she shared the horrible experience in her Facebook. Her post gathered over 3500 likes on Facebook, as well as 1188 shares to date. 
 
“‘Put your legs on the stirrups, lower your butt, and open the sarong (dress)’ A lady who looked like a combination of nurse and custodian bluntly told me. An inmate stood by her side as her assistant,” reads Kornkanok’s post.
 
The post triggered a demand to repeal the pelvic exam in the female prison. At least 16 women’s rights organisations urged the Department of Corrections to lift such inhumane practice, saying that the examination procedures must be carried out by medical experts and in a manner which respects human dignity and rights. Finally, on 14 May, the Director of the Department apologized her for the malpractice in the National Human Rights Commission's public forum on the human rights violation within women's correctional center. The director also promised to the Human Rights Commission that the department will repeal the pelvic examination, adding that the stirrups were already removed from the center.
 
Kornkanok is not the first pro-democracy activist who went to the female jail, but she successfully created public’s outcry on the issue. 
 
When looking at past activities, NDM’s activities created  greater impacts when members were arrested, however, Rangsiman Rome, leader of the group, is very satisfied that there have not been arrests or issues with the authorities for the NDM since July 2015. Chonthicha Jangrew, a key NDM member, said a major goal is fight for space for people to feel safe enough that they can get involved with political activity without any issues with authorities. 

Factors of success (and failures?) 

 
NDM members mainly come from two types of student groups. The first being members of locally-based student activist groups, like Dao Din, who focus on the issues of people in their community, and the second being university-based student activist groups, like the Liberal League at Thammasat for Democracy, who focus on issues within their universities. Prior to the NDM, these two types of student groups were mostly working apart from one another. 
 
According to Jatupat Boonpattararaksa, there is mutual benefit for Dao Din to be working with a larger group like NDM considering both groups share similar disinterest in current junta issues, and support human rights and the like. He is happy with the reciprocation of support that Dao Din receives from NDM as well, adding that the NDM is a good central organization that helps facilitate the agenda’s of smaller connected groups.  
 
The group is based on five principles of: Democracy, Justice, Political Participation, Human Rights and Peaceful Means. The main goals of the group are to destroy the culture of fear imposed by the Junta, and to aid in the restoration of democracy in Thailand, according to Chonthicha Jangrew, treasurer and prominent member of NDM.
 
Chonthicha also believes that the NDM is “The main national opposer of the junta,” justifying the notion saying that other groups and organizations are unable to be as active and advocative as the NDM, especially at the scale that they manage to operate at. 

National opposer, really?

 
Although they rarely create concrete or tangible change in a large political scale, The NDM’s efforts are commendable considering the political atmosphere of Thailand. Surachat Bumrungsuk, an International Relations Professor at the Faculty of Political Science at Chulalongkorn University and a student activist leader from 1973-76, thinks it is debatable for the NDM to call themselves the Main National Opposer, but he also mentions that “The NDM has so many limitations, so when they decide to do something, I think we have to be proud.” 
 
In the past two years, a heavy suppression of rights by the junta, including rights to expression and public assembly, has stifled students’ abilities to create movement. The International community, such as the UN, the EU, the US, have expressed concerned toward human rights violation since the military took power. 
 
Furthermore, Surachat said because of extreme political polarization within Thai society, the NDM faces difficulties garnering support from the pro-establishment, anti-Thaksin middle class. 
 
Surachat added that one mechanism which is still relatively new for student movements is the use of the internet, which allows movements to work much faster. In addition to movement support online, social media and online news sources can help spread information much quicker, and not just only in urban areas. It is now easier for rural student to create and get involved in movements as well.
 
The NDM is still very new, but has had a successful past year. Rangsiman hopes to establish the organization's longevity through one day turning it into a foundation. He hopes that it will help establish more resources and network and to continue the fight against the establishment. 
 
 
 
 
 

Burin Intin: from a welder sympathetic to the Red Shirts to lèse majesté detainee

$
0
0
Burin Intin, a 28-year-old welder from northern Thailand, was arrested during an anti-coup “Stand Still” protest, held on 27 April 2016, at the Victory Monument in Bangkok. Unlike other group members who were arrested and subsequently released, Burin was promptly charged with two counts of lèse majesté. He was denied bail, has been detained until today and is now on his third custody order, without much public knowledge.  

 
 
When hearing his name, many people may wonder who Burin is. Burin is not a high-profile political activist nor a layperson who frequently appears in political gatherings so that people remember his face. Burin is simply a “nobody”, and this may be the reason why the public has been so quiet regarding his detention.
 
Burin first appeared in the newspapers and in the online world, together with other well-known pro-democracy activists such as Mr. Sirawith Seritiwat, aka Ja New, and other members of the Resistant Citizens group, when they were arrested during the “Stand Still” protest, the third protest of its kind to call for the release of Mr. Wattana Muangsuk, a former MP of the Pheu Thai party, and other civilians who had recently been arbitrarily detained by the military.
 
Back to the actual day when the arrest took place: not long after the members of the Resistant Citizens group appeared at the Victory Monument, the student activists were all taken to Phaya Thai Police Station, including Burin. During police interrogation, army officers came into the room, put Burin into a van and drove him off to an unknown location … just Burin alone. Amid the bewilderment and confusion among those who witnessed or learned of the incident, Burin was detained in military custody for one day before being brought the next day to a press conference organized by the Royal Thai Police and charged under Article 112 of the Penal Code or lèse majesté law. 
 
A high-ranking army officer who happens to have the same given name as Burin, Col. Burin Thongprapai, told the media present at the press conference how the authorities had been monitoring Burin’s actions and that military intelligence sources had found out that Burin had posted not only commentary criticizing the administration of the military government and the National Council for Peace and Order (NCPO), but on 27 April, at 12.13 pm, Burin also posted a 40 minute video clip on Facebook with messages that read “I wanna be abducted #release our friends who have been abducted” before a Facebook friend commented and Burin replied to the comment in a manner that was deemed by the authorities to constitute lèse majesté. 
 
Not long after the press conference, an arrest warrant for lèse majesté was also issued against Ms. Patnaree Chankij, the mother of Ja New, for her private conversation with Burin in his Facebook inbox. Although it was not clear what the alleged message actually said, according to Thai Lawyers for Human Rights (TLHR), the centre that provides legal aid for Ms. Patnaree, the charge only refers to a one-word reply, “cha.” The word shows acknowledgement of receipt of a message, similar to “yeah”, but not necessarily agreement with or consent to the message.
 
Not only had the “cha” conversation become a topic widely and heavily criticized in public but the public also criticized the authorities for accessing private conversations in the Facebook inboxes of individuals. Such harsh criticisms and public pressure prompted the authorities into action: the police responded that their access was in every way lawful, yet they declined to disclose the details, and Ms. Patnaree was eventually granted bail.  
 
So, at present only Burin remains in prison. No family members or relatives ever go to visit him. As Burin has no money to bail himself out, it was not until his third custody order on 23 May 2016 that the Resistant Citizens group managed to raise a fund of 300,000 baht in support of his bail application. However, the effort was in vain as the military court rejected the bail request.
 
Who is Burin Intin?
 
A 28-year old, slightly-built man who works as a welder, Burin is a native of Phayao Province. When asked about his education he said he finished only Grade 8 and a half, and was not able to get to Grade 9 as he was badly addicted to video games. 
 
Burin said that the night when he was detained at the 11th Military Circle base in Bangkok, army officers demanded his Facebook password, but he resisted by keeping his mouth shut no matter what. Such stubbornness might be what caused the officers’ anger, resulting in a heavily-built man in plain clothes, with a knitted hat, slapping Burin hard on the head four times, while an interrogation officer threatened him by saying that “You surely won’t survive. You won’t be able to get out [of this place]. If you won’t tell me [your password], I will take you to somewhere where you will face even harsher treatment.” 
 
Although Burin insisted that he did not give his password to the authorities, the police officers used conversations, claimed to have been obtained from Burin’s Facebook inbox, as supporting evidence to press charges against him. More importantly, as it turned out, the documents to support the charges were prepared even before the police raided his house and confiscated his computer. Burin’s lawyer claimed that Burin is just an ordinary person who has very recently begun to be actively involved in politics and who does not have much IT knowledge. In fact, the password he picked for his Facebook account was his own mobile phone number – easy to remember, but at the same time, easy to crack. 
 
With Patnaree charged with lèse majesté for her Facebook chat with Burin, people in the cyber world have come up with various analyses. Many believe that Burin is a “state spy,” who would try to get close to dissidents and lure them into committing alleged crimes. However, according to a lawyer from TLHR, Burin has already been charged on two separate counts of lèse majesté: the first count is from his Facebook comment, and the other is from his conversation with Ms. Patnaree.  
 
When asked when he became interested in politics, Burin responded that he was into politics since he was 12 years old because he loved listening to folk music, especially Carabao. 
 
“At the beginning I did not like politicians at all but later I held to the belief that I would help anyone who does not receive justice, no matter who the person is,” said Burin. 
 
When asked if he himself is a Red Shirt, Burin said no and added that “I am only sympathetic towards the Red Shirts as in the recent political conflict it was the Red Shirts who were victims. But in some instances, I disagree with them. For example, I am against the idea of a blanket amnesty because I put myself in the place of those who lost their lives or their loved ones in the protest crackdown. If those who ordered the crackdown were not held accountable, how would they feel?” 
 
At the end of the interview, Burin left with the words that even if he is imprisoned, he will not give up. He will continue to fight as far as his situation and capacity allows.
 

Is the key to happiness a daughter in Europe?

$
0
0
While Europe worries about trafficking and the so-called refugee crisis, Thai villagers are still building their hopes on women’s migration and labor abroad.
 
Isaan-natives Sommai, Basit, Kae and Mong are married to Danish men and are all living in Denmark where they work as cleaners, in the fishing industry or other labor intensive sectors. Photo credit: Henrik Bohn Ipsen / still photo from the documentary "Love on Delivery" by Janus Metz and Sine Plambech
 
The day Dak left her small village in Isaan, she picked up her in-laws’ radio and got on a bus to Nakhon Ratchasima.
 
Dak was 33-years-old; her husband was a migrant worker in Saudi Arabia but drank the money away and stopped sending any back for her. Dak made a living as a day laborer in the tapioca fields around her village in Isaan and supported her four children, parents in-law, her own parents and her terminally ill sister.
 
The pawnbroker in Nakhon Ratchasima took the radio, and Dak spent the money on a bus ticket onwards to Pattaya. She planned to work at a beer bar and find a foreigner to marry, so she would be able to go abroad and work. In Pattaya, she eventually met a Danish man.
 
In Denmark, Dak initially worked in three different day jobs as a cleaning assistant – cleaning the summerhouses of Danish families and doing night shifts on board a ferry sailing between Denmark and Norway. At first she had to send a lot of money home, but after several family members passed away she only needed one job at a metal factory. Every month, Dak now sends $150 (5300 baht) to her family in Thailand.
 
In recent years, many Thai women have moved to and now live in the region of Denmark where Dak settled. Mon is one of them. I meet her as she sits on her bed in the basement of the brothel where she works, in a Danish provincial town. She coughs, she’s sick today. Around her are Buddha figures, a makeup desk, a hot tub, flashing string lights and a soccer match on TV. The establishment is open all hours, but today Mon is too tired to see customers, so she keeps the door locked. Behind the entrance door are two sticks in case she needs to defend herself against hostile customers. Mon divorced her Danish husband and turned to sex work to make a living. She wants to quit the job at the brothel, but she has many expenses back in Thailand and finds factory work to be tough and poorly paid. Mon tells her family that she is working as a cleaning assistant in Denmark. Every month she sends them $450 (15800 baht).
 
Mon and Dak are not victims of trafficking, as Thai women are often portrayed in a European and Danish context. They are marriage and labor migrants and they are proud of that. They work and remit money to their families in Isaan. In Denmark and in Europe, women from Thailand are often wrongly and prejudicially described as sex slaves, victims of trafficking, or as women who are passively “bought” and exploited by their foreign husband, and it is presumed that they see their marriage only as a shortcut to wealth. Rarely are they understood as women who marry out of love or who migrate to Europe in a deliberate decision to support their families.
 
The equation looks like this: One working day in a tapioca field pays $8 (300 baht). One working day at a multinational chicken factory pays $11 (400 baht). One working day at a metal factory in Denmark pays $91 (3200 baht), and one busy working day at a Danish brothel pays $450 (15800 baht).
 
A daily salary of $8 provides a Thai family with food on the table almost every day, but little else. Serious illness, accidents, and unemployment are frequent disasters that $8 a day won’t cover. Dak’s village – situated in Nakhon Ratchasima Province – is a poor community that has benefitted economically from female villagers’ migration to Europe and their monthly remittances. Out of the 600 people in the village, 17 women have gone to Europe – nine of them live in Denmark. That means that most families in the village are affected by the women’s migration, as they miss their mothers, sisters, and daughters abroad, but also because the remittances they receive, the money some of them borrow, and the houses they live in are everyday reminders of their family members’ absence.
 
A scene from the 2008 documentary “Love on Delivery” by Janus Metz and Sine Plambech. The documentary portrays the lives of Isaan women who migrated to Denmark. Photo credit: Henrik Bohn Ipsen
 
As Bangkok Postrecently reported, research by the Institute for Population and Social Research (IPSR) at Mahidol University documents how Isaan for decades has seen its families split by migration. The consequence, the researchers argue, is that Thai children living with their grandparents but without their parents are prone to being poorly nourished, and suffer from developmental and behavioral issues. Such research results have to be carefully disseminated, as it might lend to judging families already in difficult situations rather than pointing to the responsibility of the Thai State in providing social welfare programs and assistance for its citizens. While this study primarily focuses on parents who left for Bangkok, some children in Dak’s village certainly suffer from the absence of their mothers and miss them in Europe. But the money these mothers send gives their children the opportunity to go to private childcare and eat healthier food, and the grandparents do their best to take care of their grandchildren.
 
Dak was the first woman from the village to travel to Europe, and since then the village has changed. Dak’s cousin, who is still living in the village, says:
 
Eight years ago there was only one car in the village, but now there are at least ten cars and some of them are brand new four-wheel drive pickups. I remember that there was only a single two-story wooden house with blue tiled floors; the house was neat and well maintained. […] Now there are at least 15 brand new concrete houses with glass windows, tiled floors, refrigerators and colored roofs – some of them look like palaces. It’s unbelievable how fast things have happened.
 
The only families in the village who can afford such fancy houses are those with a woman in Europe and a few rich landowners. This village is not unique. In the last few decades, several villages in Isaan have witnessed this transformation.
 
The migrant women’s money is not only spent on consumption. Most of it goes to parents’ hospital stays when they are sick and their siblings’ education. The women’s migrant income effectively works as long-distance retirement savings and unemployment insurance. That is, through their migration the women are doing what somewhat could be expected from the Thai State. The paradox lies in the fact that in Denmark these Thai women are occupying jobs that few Danish people want. Meanwhile, the women contribute – either by working in labor-intensive sectors, as cleaning assistants, or in the sex industry – to the development of their families and to Thailand as a whole, in particular Isaan. While there is no precise data on Thai women’s remittances specifically, data from the World Bank shows that remittance payments to Thailand have increased significantly in the past ten years, and in most countries in Europe the gender ratio among Thai immigrants is about 85 percent women and 15 percent men. In short, Thailand receives a lot of benefits from these women without giving much back.
 
Seen from the perspective of the villages in Isaan, the migrant women are thus kinds of heroines. That does not mean, however, that the women’s lives as migrants in Denmark are uncomplicated. While most of the women I meet are in well functioning marriages, sex work, tough factory work, and domestic violence is a reality for others. But the economic success of migrant women continues to inspire some women in Thai villages to travel abroad.
 
The focus on trafficking and sex work continuously overshadows the European and Danish debate on Thai women and severely lacks the perspective of the migrant women themselves and that of their relatives in the villages of Isaan. Instead, what is needed in the debate is to keep the moral panic at a distance and deal with the global reality that makes Thai women travel to Denmark and other places.
 
Some do it out of love and others to find work – some at brothels – because they don’t make enough money in Thailand. As is often the case for female Thai migrants, Dak and Mon’s decision to emigrate was shaped by inequality, strict European visa policies, and a booming culture of migration in Thailand. A more nuanced understanding acknowledges how Thai women abroad are, of course, not merely “sex slaves.” Rather, they often bear the burden of the Thai state’s weak social welfare system and its uneven support for rural communities.
 
First published on The Isaan Record

Local farmers suffer as Thai junta pleases big companies

$
0
0

Local people are to be evicted in the name of development, as the Thai junta invokes its absolute power to clear land for the benefit of big businesses.

The rain drops began pounding old tin roofs, making a drumming sound that many villagers have been waiting for. At last, after months of drought, the monsoon rains finally arrive and it is time to begin planting. However, Pen Wongkat, a 72-year-old farmer, will not buy seeds this year. “I don’t know if I will be able to harvest them or not after I sow the seeds,” Pen said while staring into the rain aimlessly. The fate of at least 97 families in Wang Takhian Village of Mae Sot District in the northern province of Tak are now, like Pen’s future, as opaque as the mist of rain upon their village.

In an attempt to drive the state of Thai economy out of the doldrums, the junta’s National Council for Peace and Order (NCPO) in May 2015 issued NCPO Order No. 17/2015, turning large areas along the country’s borders into Special Economic Zones (SEZs) where deregulation of industries and tax cuts are offered to lure investors. Located right on the crossroads between Thailand and Myanmar, nearly 100 families in the small agrarian village of Wang Takhian will be evicted to pave the way for the junta’s ambitious development plan.  

A farmer working in a field right next to the Thai-Myanmar Bridge across the Moei River in Tha Sai Luat Subdistrict of Mae Sot, which will directly connect the SEZ with Thailand’s neighbour  

Development turned nightmare

When Gen Prayut Chan-o-cha, the junta leader and Prime Minister, in May 2015 invoked his absolute authority under Section 44 of the Interim Charter to declare the area an SEZ, villagers of Wang Takhian in Tha Sai Luat Subdistrict of Mae Sot were hoping that their lives would get better. However, after they realised the devil in the details, their hopes were quickly shattered.

“We were glad to hear that we would get better running water and roads, along with a bridge across the Moei River into Myanmar and that there will be more jobs for us and our children,” said Sunthon Sribunma, a leader of Khon Mae Sot Rakthin (KMSR), a local activist group of villagers who are affected by the SEZ plan. “We of course welcome all these changes, but no one wants to be evicted and have their farmland taken away.”

Under the current plan to transform nearly 2,200 rai of land of Tha Sai Luat into an SEZ, Sunthon will lose his house together with about 15 rai of farmland in Wang Takhian, where he has been living for decades.

Sunthon Sribunma, a leader of Khon Mae Sot Rakthin (KMSR), a local activist group formed to fight the eviction order

Not far from his house, Pen Wongkat has been living off 36 rai of land inherited from her parents with three other members of her family. She also faces an eviction order from the authorities in the name of the SEZ. Without the land where her family has been growing beans, corns, and cassava, Pen said that she does not know where to go to if she really has to move. “I have been living and working on this piece of land since I was born and don’t know how to live otherwise. I don’t want to talk about this anymore. It just gives me a headache,” said Pen.

Like most of the villagers of Wang Takhian, Sunthon and Pen possess PTB5 Certificates for most of the plots they occupy, which are given to those who have been paying local tax for the land they use, and have Land Utilisation Certificates (NS3) and Land Claim Certificates (SK1) for other plots. Therefore the authorities can in practice reclaim the land, despite the fact that most of the villagers settled in the area in 1927.

Pen Wongkat, a 72-year-old farmer who has been living off 36 rai of land in Wang Takhian since she was born

Intimidation by the authorities    

Shortly after the junta enacted an order in May 2015 to reclaim the land for the Treasury Department in preparation for the construction of the Special Economic Zone in Mae Sot, public officials together with police and soldiers both in plainclothes and uniform regularly visited Wang Takhian Village to mark the land plots and urge the villagers to move.

According to Sunthon, many armed soldiers regularly visited the village to talk to the villagers, especially members of KMSR, and the villagers felt intimidated by the authorities. He added that these visits from the authorities occurred often when Somchai Hatayatanti, former Governor of Tak, was still in office.

Jutharat Unruang, a 38-year-old single mother now fighting an eviction order, told Prachatai that armed soldiers usually accompanied officials from the Land and Treasury Departments when they came to mark the land plots where her house and a garage are located. “Although the authorities might think that it is normal, I could not help but feel intimidated by the sight of armed soldiers,” said Jutharat.

Jutharat Unruang, another embattled resident of Wang Takhian sitting in front of her house which she might soon lose, together with her garage

Like Sunthon, Jutharat will lose both her house and her garage located on about 10 rai of land under the SEZ plan. “At first, when I heard the news about the SEZ, I planned to open a grocery shop and thought that we would have more customers at the garage. But now with the death of my husband and the fact that we might be evicted soon, I’m lost,” Jutharat told Prachatai.

In the article about the SEZ in Tak Province published on the website of the Heinrich Böll Foundation Southeast Asia, Pranee Muangsook, a local activist, reported that she was summoned by the military and threatened with the notorious Computer Crime Act for criticising the provincial governor’s handling of land conflicts over the SEZ in Mae Sot.

During the public forums on the SEZ, Sunthon told Prachatai that there were always security officers around and the villagers felt restricted about expressing their opinions. When the junta leader visited the area last year, the authorities blocked them from submitting a letter to him, citing the Public Assembly Act, and confiscated banners which the villagers were carrying.

An empty land plot in Wang Thakien village of Tha Sai Luat Subdistrict which has already been cleared in preparation for construction of the SEZ

For the authorities, however, it is normal for them to enact such measures as the villagers do not possess title deeds for the land they occupy and are considered to be encroaching on public land. This is the view of Somchai Hatayatanti, former Governor of Tak. “If the government goes easy on them, in the future the others will encroach on public land as well. These are public plots and they do not have ownership documents,” Somchai told Prachatai. He added that in the long run people in Mae Sot will benefit from the Special Economic Zone because it will create jobs and business opportunities in the area.

Putting up a struggle

Although the villagers have not as yet conceded to the eviction order, many of Thailand’s leading conglomerates have already expressed interest in the SEZ in Mae Sot as it is right on the Thai-Myanmar border and the list of industries that might be located in the area includes chemical, logistic and agricultural firms.

Chanta Kanomkiew, a 64-year-old farmer who has a small pig farm on four rai of land in Wang Takhian, told Prachatai that he and his neighbours are not only fighting eviction, but they do not want polluting industries to be located in the area. “We welcome the SEZ and infrastructure that will come along with it, but not heavy industries which could cause a lot of pollution in the area,” said Chanta.

Chanta, a 64-year-old farmer who is another key member of Khon Mae Sot Rakthin (KMSR), posing in front of his house with a banner reading ‘Wang Takhian people do not want industries’

Asked if he thinks that the SEZ could create jobs for local people as the authorities have promised, Chanta said “I like to believe so as well, but people here are already happy with the land they have been farming on for generations. Besides, most of us are not youngsters, but middle-aged people, since most of the young ones have already gone to work in the city and other provinces.” He added that one of main reasons for setting up the SEZ at the border is to exploit cheap migrant labourers from the neighbouring Myanmar as the cabinet has approved the labour law [Article 14 of the 2008 Migrant Workers Act] to ease regulations on migrant workers, allowing them to come to work on daily or seasonal basis in SEZ areas without having to formally registered. Therefore, it is less likely that the industries in the SEZ will employ local Thais.

According to Taweesak Maneewan, a coordinator with the Northern Development Foundation (NDF), a civil society group promoting land rights in northern Thailand, the looming eviction reflects a prolonged problem in Thailand since the enactment of the 1941 Forest Act. “The Forest Act when it was enacted designated large areas of land as public forest despite the fact that there were already communities and villagers on those lands,” said Taweesak.

With the absolute power of the junta under Section 44 [of the Interim Charter] and other orders, such as the controversial NCPO Order No. 64/2014 issued to increase the nation’s forest and NCPO Order No. 3/2016 which exempts the construction of buildings in Special Economic Zones from the regulatory framework of the Town and City Planning Act, it is much easier now for the authorities to go ahead with plans for SEZs which had been postponed for many years under civilian governments, Taweesak pointed out.

Taweesak Maneewan, a coordinator with the Northern Development Foundation (NDF), who has been assisting the villagers of Wang Takhian to fight the eviction order

“The state agencies who proposed the area to the Industrial Estate Authority of Thailand (IEAT) as suitable for an SEZ thought that there were only five families in Wang Takhian, which could be easily compensated if they were to be evicted, but this is far from the reality,” said the NDF coordinator.

Since May last year, as the leader of KMSR, Sunthon and other villagers have submitted petitions to the National Human Rights Commission (NHRC), the Department of Land and the Damrongtham Centre of the Interior Ministry in an attempt to halt the eviction. But so far there has not been any promise or decision from the authorities on solutions to the land disputes over the SEZ.

Sunthon said that there have been proposals to compensate the villagers at 7,000-12,000 baht per rai of land and provide a resettlement area for the villagers in another district of Tak. However, he said that most of the villagers do not want to move and that the current market price of a rai of land in Mae Sot is almost one million baht, so to most villagers the compensation package is a joke.      

Wiraj Keatnuam, head of the Tak Provincial Treasury Office, told Prachatai that so far the authorities are trying to compromise with the villagers and have formed a special committee to solve the land disputes over the SEZ, but no concrete solution has yet been reached. He still firmly maintains that the disputed land belongs to the public, adding that only 9-10 land plots in Wang Takhian village are privately owned. “The public land belongs to every citizen. The occupation of these land plots by the villagers is causing damage to the state,” said Wiraj.

Suwin, a farmer in Wang Tha Kien village who grows bananas, lemon, bamboo shoots, sugar cane, mangoes and corn on 23 rai of land, which might soon be lost    

The dark clouds began to form above a small farm house on a hilly slope. Suwin Changtham, a 54-year-old farmer, turned his head towards the rumbling noise of trucks transporting limestone mined from the mountains in Tha Sai Luat in preparation for the construction of the SEZ. “I have been a farmer since I was young. Perhaps it will bring about development in the area, but it’s not for us,” said Suwin, staring towards the looming dark clouds above.

Understanding Thailand’s Deep South conflict through the struggle to preserve Malay language

$
0
0
Thailand’s assimilation policy in the past 80 years on the Muslim Malay in Thailand’s three southern border provinces, known as Patani, has been repeatedly cited as one of the main reasons for the armed struggle, claiming almost 6500 lives already. Due to this uncompromising assimilation policy, the state of the Malay language in Patani has become very weak and marginalized. As the peace process has progressed, concerns about the linguistic rights of the local people have been raised and will be included in discussions at the dialogue table. 

 
On the sign of Krue Se Mosque, the first line in Arabic says ‘The Mosque of Sultan Mustafa Shah’. The second line in Jawi Malay says ‘The Krue Se Victory Gate’. The third line in Arabic says ‘Fatoni Darussalam, Anno Hegirae 877’.
 
Five years ago, Muhammad Dueramae started a bimonthly publication called Sinaran. It is the first newspaper of its kind written in the Malay language using Jawi script. The content features social events and movements, as well as stories of personalities of interest and civil society workers residing in the three provinces of the Deep South, also known as the region of “Patani”. To protect the publication and those associated from government inspection, Muhammad has incorporated a Thai-language introduction on Sinaran’s cover page: “It is not possible to use 100 per cent Jawi in this publication. Doing so would put us in a much more vulnerable position, risking scrutiny from the authorities concerning the content of our material. It has been observed that the Thai majority tend to be unwelcoming towards diversity. Thus, a Thai-language introduction on the front cover may help to reduce risk of discriminatory probing.”
 
The bottom of Sinaran’s front page features Thai-language headlines, specifically to reduce scrutiny from those who cannot read the Jawi text.
 
Part of the Sinaran’s target readership is the Movement for Patani Independence, including those readers living abroad who do not read Thai. “To communicate with members of the movement, we have to take into account that some of the members do not read Thai. But they do read Malay. We do our best to present information about those working on the ground. This form of communication will help reduce the tendency to use weapons, so that people may instead find more peaceful means,” Muhammad tells Prachatai. He added there is not enough communication on the situation from Patanians to the Malay community who live in Malaysia and Indonesia because there were no Malay-language news resources available. As a consequence, they did not have a thorough understanding. They then have to rely on the Bangkok-centric English-language media.
 
Muhammad Dueramae, editor of Sinaran and the Deep South Journalism School
 
As the Jawi script is not commonly used, it is becoming increasingly rare for young people to be equipped with Jawi reading and writing skills. For this reason, Muhammad organises classes in Malay language reporting with a focus on Jawi. His target students are those at the pondok schools — traditional Malay-Muslim schools offering Islamic studies, including Malay and Arabic studies. Among the first groups of pondok students trained by Muhammad is one in particular which was suspected of involvement in an incident of unrest. “One interpretation is that those who are proud of their identity must also be involved with those who want merdeka (independence)”, Muhammad tells Prachatai. He also envisions a website called Sinaran News Online, publishing information about the three provinces in the Jawi and Rumi scripts, and also in Thai and English, while focusing on Malay as the primary language of delivery.
 
 

Extending the Life of Jawi script

 

Jawi script keyboard layout, developed by Solahuddean Kariya.
 
Solahuddean Gariya, also known as Solar Garia, is another cultural conservationist and developer of the Jawi script keyboard. As a leader of the Awan Book Group, he has developed a Jawi keyboard that has been especially adapted to the Patani style. In the digital age, it is more important than ever before to elevate the electronic status of Jawi. Upon completion of the keyboard development project, he plans to make this product public property. Solahuddean further envisions that it as a direct way of solving the problem of updating Jawi into a form of communication aligned with technological advances: “If we don’t keep updating Jawi to catch up with changing technology, fewer and fewer people will use it due to its limited applicability. And the language and the script will just die out. We must extend the life of Jawi, so that it becomes a practical linguistic option that stands on an level equal to other languages for the people of Patani.”
 
Solahuddean tells Prachatai that the more common practice today is to use the Arabic keyboard to type the Jawi script. The main disadvantage, however, is that the Arabic keyboard layout does not offer the additional five characters used in Jawi. So as far as typing in Malay is concerned, the Arabic keyboard is incomplete, leading to inaccurate typing. The Awan Book Group has designed a new Jawi keyboard, which is very different from the Malaysian Jawi keyboard layout developed in 2012. The latter is arranged according to the QWERTY keyboard layout displaying the Latin script. The people of Patani are not familiar with QWERTY, as they are far more familiar with the Arabic version. The existing Jawi font was developed decades ago, and has not been adapted to the Unicode system (which is the system that allows fonts to be used in all computer operating systems). This handicap has prevented application in general computer software and print media. With the Jawi script being so technologically underdeveloped, it lacks the capacity to respond to social demands. For this reason, people turned to languages that are far more socially responsive, such as Thai.   
 
Solahuddean designs an unfamiliar style of Jawi script
 
The Awan Book Group plans to establish an academy of Malay studies for the three southernmost provinces. This academy is to become the Patani people’s equivalent of the Office of the Royal Society, which is the royal academy of Thai language studies. As a regional academy, its role will be to set appropriate standards of linguistic accuracy and applicability. There will be a Malay language clinic whose purpose is to elevate Malay into a status equal to Thai, and to ensure that government policies truly reflect the needs of the Patani people. As another avenue towards expanding the Jawi presence, Solahuddean has also set up the website www.jawipatani.com which presents information concerning politics and society in the Jawi script.
 

Malay: A Dying Language

 
Today, it is common for the Malay people of the three provinces of the Deep South to use Thai as their dominant language. This is especially so for the younger generation living in the cities who can use Thai just as well as the rest of the country’s population. With this widespread use of Thai among the Southern youth, their reduced use of the Malay language and Jawi script also means reduced quality in application. Hara Shintaro, a Malay language specialist, compares the Malay language situation in the Patani region to being in a state of ‘ICU’, meaning in a rapidly weakening, dying state. 
 
“The very bitter but crucial fact is that Malay in Patani is so weak,” Hara tells us, adding that the number of speakers is declining, especially in the towns, and the lexicon is also diminishing, replaced by so many Thai loanwords that almost all conversations between Patani Malays are incomprehensible to Malaysians or Indonesians. The number of those who are not able to write or read in Malay is increasing remarkably, and the use of Thai script for Patani Malay is clearly observable in social media. 
 
“With regard to quality, I would explain that hardly any native speaker of Patani Malay can conduct a conversation for a long time without being influenced by Thai, either in the form of a loan word or phrase, code-switching or even language shift.” 
 
 
 
Results of a Peace Survey to discern public opinion on the Peace Process. Survey 1 shows that the people of the three southernmost provinces are most comfortable using their native Malay language within their family environment. (See all slides)
 
Peace Survey 1 was published on 17 May 2016. The survey was conducted with representative groups of people residing in the three southernmost provinces, amounting to 1600 respondents in total. It turns out that within the family environment, 55.9 per cent use local Malay, 16.5 per cent use the Southern dialect, 16.2 per cent use a combination of Malay and Thai, 5.5 per cent use a combination of central and southern Thai, and 2.6 per cent use central Thai. However, when it comes to speaking, listening, and writing, Thai remains the language used with the most skill and convenience. Second from Thai are Jawi Malay and Rumi Malay. When it comes to writing, 75.9 per cent use central Thai, 39.5 per cent say that they can write Jawi Malay, 25.8 per cent can write Rumi Malay, and 8.2 per cent can write Arabic.
 
Jawi (or what is often mistaken as the “Jawi language”) is actually a script. The characters are Arabic, with an addition of five characters (in Malaysia, they have a sixth additional character) representing certain sounds that Arabic does not have. Malay is also written in the “Rumi” script based on Roman (Latin) letters, officially used in Malaysia, Indonesia, and Brunei.  
 
Jawi characters; image courtesy of Wikipedia.
 
When was Jawi first invented? Linguistic specialists have yet to provide a definite answer. One may make a general assumption that Jawi was developed around the 16th century, during the spread of Islam throughout the Malay Peninsula. Jawi was commonly used in the peninsula, until the English and the Dutch came to colonise the land mass that constitutes present-day Malaysia and Indonesia. The colonisers brought with them the Romanised (Latin) script, and from that emerged the Rumi script that came to replace Jawi. “While the English and the Dutch adapted Malay to suit the running of their empire, Siam conducted no development of the sort. They tried to swallow our language, and even made a success of it in Satun Province. The people of Patani are intent upon preserving our culture, but under suppression, it is difficult for our language to flourish. We the people can only resist. Now, our language is in ICU, but still not completely dead. If we make progress in properly targeted problem-solving, we may be able to develop our language to the level that we see in Malaysia and Indonesia,” Solahuddean tells us. 
 
 
The sign of Petaling Street in Chinatown of Kuala Lumpur, Malaysia; the sign is written in Rumi Malay, Chinese, and English.
 
Today, Jawi is taught only in Tadika schools (religious schools teaching out of official school hours), pondok schools (traditional schools teaching Islamic), and religious class in private Islamic schools. It is also taught in religious classes of private Islamic schools.  However, the education policy of the Thai state which aims to assimilate Malays as ‘Thai’, especially in education, has reduced the use of the Malay language by the Malays in the three southernmost province and lowered its quality, especially in reading and writing in the Jawi script.
“Up until the 1990s, Malay pupils were forbidden to speak Malay in schools. Speaking their own language might lead to punishment, either physical or financial (such as a 1 baht fine for each Malay word). This is the reason why at the initial stage of the conflict a lot of schools were set on fire and burnt down,” Hara writes in an article titled An Extraordinary Event of Ordinary People.  
 

‘Rumi’ versus ‘Jawi’: An Unending Debate

 
Zakariya Amataya, a Malay poet from Narathiwat and recipient of the 2010 Southeast Asian Writers Award, describes the Malay of the three southernmost provinces as a ‘frozen language’, as it is a language that is hardly experiencing any movement. Writing in Jawi Malay is not at all common, and limited to religious scholars. There are media in Jawi created by language conservationists, but even these are not widely distributed. “We need to be very worried about Jawi, as those who claim to read it can hardly do so. Thai has dominated the communication landscape in the three provinces. People here read and write Thai much better than Jawi, and this is especially the case among the educated class,” Zakariya tells Prachatai. “Here in the three provinces,” he adds, “how then would I say or write, for instance, the word ‘engineering’ in Jawi? It’s like the language has fallen into a trap. In Malaysia and Indonesia, they have upgraded their language very fast. But here in the three provinces, the language is hobbling.”
 
 
Zakariya Amataya
 
Zakariya tell us that most Jawi texts are scriptures and other religious documents, mainly used in the pondok schools. These texts are centuries-old. For this reason, it is hard to find vocabulary that may apply to today’s lifestyle. There have been efforts to revive Jawi through publications, but these projects have proven inadequate. “Language must evolve along with all the associated components: magazines, newspapers, fine literature, and regular content. So far, Jawi has not significantly accomplished any stage of this evolution. I am not blaming anyone here, but this is the way things are. Part of the problem is that we are under the control of the Thai state that has never done anything to support Malay.”
 
Zakariya suggests that it is Rumi, rather than Jawi, that should be promoted in Patani, so that it is similar to the neighbouring countries. “Using Rumi would then put us on the same level as Malaysia and Indonesia, allowing us to use the language and resources already developed by them. We can use their readily available Rumi texts, branching from their paths that have long been paved. But if we choose instead to develop Jawi, that means having to start from near zero. We have to accept that Jawi has only been used in narrow circles, unfortunately constituting a small part of the Malay world. So when communicating with others from foreign places, we still have to shift to Rumi. It is best to choose either one or the other. Learning and studying both at the same time would dilute the effect, in turn weakening both,” the S.E.A Write Award winner tells us. “For progress in language and the world of knowledge,” he adds, “we should choose Rumi. If children learn Rumi from their early years, following high school, they can then go on to a university in Malaysia. There will be no need to attend adaptation courses to familiarise themselves with Rumi. I’m trying to be realistic here.”   
 
Nevertheless, while keeping this vision of promoting Malay in mind, Zakariya adds that, as a writer himself, he would still advise the Malay youth to practice writing literature and poetry in Thai, as it is Thai that will give them a future platform in the world of Thai publications. “If you write in Jawi, you will almost have no platform from which to establish yourself. You can still write in Rumi, if you can write well enough. Then, you will have a platform in Malaysia.”
 
However, most members of Patani civil society seem to favour the preservation of Jawi.
 
Najib Arwaebuesa, an expert in Patani Malay culture, says that he is especially worried about Jawi, as this is the script that plays the most significant role in reading and understanding old texts. These resources document the folk wisdom of ancestors of the Malay. The texts represent literary heritage of great richness of. If Jawi is to disappear, a large portion of folk wisdom will disappear with it. Furthermore, Jawi is more harmoniously aligned with certain sounds in Malay, and in this regard, serves as a better option than Rumi.
 
Hara is of a very different opinion from Zakariya, arguing that promoting Jawi is more realistic than Rumi. He reasons that the implementation of a new or foreign writing system such as Roman script, or a concocted Thai-based writing system is not as practical as the promotion of Jawi script, which can at least still be read by the majority of local people. “When we already have a practical writing system, what is the use of introducing something else?” And this is where Solahuddean agrees with Hara: “Jawi is a symbol of cultural identity, holding an important place in the hearts of our people.”
 

Colonised Language

 
Hara points out that Malay has suffered enormously under colonial rule. He cites the case of Malaysia: “During the colonial era, Malay was deprived of the opportunities to develop according to the passage of time, to the extent that a prominent Malay linguist (who happens to be the supervisor for my master’s degree) described Malay before the independence of Malaysia as ‘the language of coffee shops and markets, with no place given to it either in officialdom or in the higher educational institutions’”
 
Hara proposes that the Thai government assign official status to the Malay language, especially to ensure that the government will be held accountable for the development of all facets of Malay, as is the case for Malaysia and Indonesia. “The legal status of a language is crucially important for its development. Therefore, this at least is a positive aspect. However, legal status doesn’t always guarantee full use of the language.” In Malaysia, Malay has a strong legal position as a national language, and also reigns as the country’s only official language. But in practical reality, it is English that is the most important language in professional and social circles. This is where English, in fact, holds a higher status than Malay. “In a sense, Malaysia is, spiritually speaking, not an independent country; the mentality of the people is still colonized.”  
 
Here is the difference between Malay in Malaysia and Indonesian. The former has the strong legal status as a national language and the sole official language of the country (Malaysia). However, as everyone knows, in many aspects, especially in the media, economics, higher education, legal affairs and so on, English is far more dominant than Malay. Proficiency in English is far more advantageous than in Malay, and those who have are weak in English can easily be at a disadvantage, for instance in finding jobs and social promotion. 
 
 

Thai State Suppression of Malay: The Core of Conflict

 
It was for their language that the Patani Malay put up a fight using weapons. The political ‘knot’ was tied very tightly 80 years ago, when Prime Minister Marshal Por Phibunsongkhram enforced his Thai Cultural Mandates, forcing all citizens to learn and speak Thai. It was forbidden to identify people by their ethnicity. Instead, they had to be called ‘Thai’. They were even forced to dress the same, in accordance with rules and regulations imposed by the government. These Mandates were an attempt to attain the level of the so-called ‘civilised nations’ when the country became involved in the World War II.
 
A poster displaying dress codes which follow the Thai Cultural Mandates, forbidding the wearing of the traditional sarong and even Malay-style hats.
 
Such policies inflicted extreme and ongoing damage to the Malay culture of the Deep South, as Malay was the language used in everyday life, at school, and especially in religious studies. It is no surprise that the collective anger accumulated into an explosive rage.
 
Almost 60 years ago, there was a ban on an important Malay book titled Sejarah Kerajaan Melayu Patani (History of the Malay Kingdom of Patani), written by Ibrahim Shukri, published in 1960. Copies were destroyed. It was described as “the first nationalist history that established a model for a master narrative of Patani history for the future”.  In other words, it was the ‘painful’ history of what the Thai state had done to the Malay. 
 
Although the book was banned by the Thai government and even the Malaysian government for allegedly instigating rebellion, this imposed taboo further inspired the curiosity of the people of Patani. Pol Maj Gen Chamroon Den-udom, now retired and an expert in Patani history, tells us that it was a social phenomenon that created a climate of fear overshadowing the Jawi script.
 
“In the old days, just being in possession of books in Jawi script may have been suspicious, the suspicion that it was a work of incitement, because Thai police did not understand or read Jawi. If they just found Jawi writing, they would try to force charges like opposing the policies of Field Marshal Por or incitement. Those in possession of Jawi books had to hide them. They buried them in earthen jars, under the ground, hid them in sheds, or even burned them. Teachers in the pondok schools, who taught in Malay, were threatened. Many residents escaped to Kelantan,” Chamroon tells us, adding that the attempts to suppress the Malay language and the pressure on the pondok schools were connected: “It made the Malay people perceive that the Thai state was trying to interfere with their religious practices. The government in turn perceived that the Malay would use the Malay language and the pondok to instigate the masses.”  
 
Thanet Aphornsuwan, a Patani historian at Thammasat University, offers the interpretation that Jawi has always been a source of pride for the Patani Malay, and for significant, deep-rooted reasons. It was through Jawi communication that their religion reached intellectual and creative heights, and the Patani region became an important port destination for trade and exchange. Religious texts written by the ulama Jawi, Patani philosophers of religion, were studied all over the region. Malay was also the language of trade in Southeast Asia: “During the Ayutthaya Dynasty, Malay was the language used in trade and exchange with the royal court. Even the Ayutthaya court had to have its own Malay speakers. So we can see that Malay was already a language of significant status going back to the Ayutthaya era, while Thai was not actually used in trade and exchange at all. Malay is used throughout the Malay Peninsula. We may even think of Malay as a regional language.”
 
Professor Duncan McCargo, of the School of Politics and International Studies at the University of Leeds, explains in his book Tearing Apart the Land: Islam and Legitimacy in Southern Thailand, that the pondok schools are the main obstacles preventing the Thai nation-state from assimilating the Malay with any measure of success. Pondok schools constitute the foundation of Malay language and Islamic studies. Since the 1960s, the Thai government has attempted to impose rules and regulations to control pondok schools. When violence broke out 12 years ago, pondok schools were targeted as the places of assembly for separatist planning and jihad thought. The Thai government then set out to turn the pondok into ‘Thai’ schools, by convincing pondok owners to change them into private schools, teaching Islamic studies only alongside a mainstream curriculum that is taught in Thai.
 
 

The Vanished Proposal of Haji Sulong

 
In 1947, Haji Sulong Abdul Qadir Tuan Minal (Tohmeena), an imam who was the leader of the Provincial Islamic Council of Patani (PICP), formulated a seven-point declaration to the Thai government. Points 3 and 4 were demands to protect Malay: 
 
3.) that Malay and Thai be used together as the languages of government. 
 
4.) that for the first seven years of the school curriculum, Malay be allowed as the language of instruction.
 
Haji Sulong Abdul Qadir Tuan Minal (Tohmeena), a Patani icon of political and social struggle.
 
Because of the seven-point declaration demanding rights for the Malay, Haji Sulong became a rebel targeted by the Thai government. He was imprisoned. In 1954, he was killed, his corpse hidden and destroyed. No government officials were held accountable. What happened to Haji Sulong pushed some groups of Malays to fight back using weapons. “Haji Sulong did not belong to a separatist group. He only wanted rights in language, religious expression, and various needs according to the local context. The lesson of the enforced disappearance of Haji Sulong after he made his seven demands to the Thai authorities led one part of the movement to conclude that when peaceful means do not succeed, and even result in more oppression from state officials, armed struggle will be used,” Abu Hafez Al-Hakim, a member of the MARA Patani Dialogue Panel, told Prachatai. 
 
When violence broke out in 2004, the Thai government began to open up towards linguistic and cultural diversity. According to the National Reconciliation Commission, set up during the Thaksin Shinawatra government, two conditions still fuel violence in the three southernmost provinces. One is directly related to the Malay language: “Cultural conditions, meaning uniqueness of religious expression and ethnic identity, in this instance, refer to the Islamic religion, the Malay language, and Patani history. These are the conditions that have served as justification for incidents of violence, and even caused many to accept and be in agreement with those performing violent acts. It is to uphold their identity as Malay-Muslims that the people of the three southernmost provinces were pushed to behave in the way that they did.” Furthermore, there was a clear proposal “to make Malay another official working language in the Deep South”.
 
  

To Tie or Untie the Knot? 

 

The sign of the Southern Border Provinces Administrative Centre, in Thai, English, Jawi Malay, and Chinese. Photo courtesy of the Department of Public Relations.
 
From 2011-4, when Police General Tawee Sodsong was Secretary-General of the Southern Border Provinces Administrative Centre, there were avenues opening towards Malay linguistic and cultural diversity. There was a Malay television channel airing 24 hours a day, and even 24-hour Malay radio on 95.0, organised by Radio Thailand in Yala Province.  An Institute of Malay Language and Literature in Thailand (Dewan Bahasa dan Pustaka Melayu Thailand) took up the cause of including Jawi script in official signs. However, following the coup, the Malay TV channel was cancelled. There has been no progress since television was transferred under the control of the Prime Minister’s Office. 
 
A Bilingual Project (Thai and local Malay) established in 2012 by the Research Institute for Languages and Cultures of Asia, Mahidol University, targets children from the first year of kindergarten to the 6th year of primary school, who speak Malay as their mother tongue. The key is to teach in Malay with links to Thai, and the most important tool is a system of writing Malay using Thai letters. At the kindergarten level, children will learn to write and spell Malay using Thai consonants and vowels, which means adding eight sounds, such as ‘g’, ‘y’, and ‘r’. When they have mastered writing and spelling using Thai letters, they then begin to learn Thai, and study other subjects in Thai in order. The project claims that this teaching method makes Malay children happy to learn and improves their performance.  
 
A manual on writing Malay using the Thai script. Photo courtesy of the Thailand Research Fund (TRF).See large image
 
Suwilai Premsrirat, a researcher on this project, says that the project arose from a recommendation of the National Reconciliation Commission, which proposed to the government a system of education appropriate for local languages and cultures. The project will “maintain the identity of Thai people of Malay descent amidst the current social changes according to the wishes of the native speakers, and will help children to study happily.”
 
In certain aspects, the Bilingual Project may indeed have a positive effect upon children’s capacity to learn Thai. However, it is inevitable that there are opinions coming in from many directions that the project is in fact another way of making Malays abandon the Jawi script.
 
Solahuddean says that he strongly disagrees with the Bilingual Project, because it is intended to destroy Jawi script and swallow it to become Thai. It is not what the people need. As for the Institute of Malay Language and Literature in Thailand, it has no results to show the language has been promoted. “It is getting Malay language experts under the control of the Southern Border Provinces Administrative Centre.  It’s for show for our neighbours and foreign guests. It’s just a shell. But it has never tackled the core of the problems with our language.”  
 
Hara tells us that the Bilngual Project has created widespread dissatisfaction among people in the area, because they see it as a severe insult to the local language that has been used for over a century. “I think this project has a damaging effect upon our peace-making efforts,” Hara says and adds, “This is another form of cultural colonisation. It has never solved any problems, but is causes new problems.” He insists that when Tawee Sodsong was the Secretary-General of SBAPC there were many important changes about the Malay language, but they were rather superficial and insincere, such as the Institute of Malay language in Thailand which people have compared to the Malaysian Institute of Language and Literature, but which has no legal status, unlike Malaysia. As for the Jawi scripts on official signs, that mostly applies to the signs outside. Inside the buildings, there are almost no signs in Jawi. 
 
Hara suggests that the Thai state should give the Malay language legal status, such as by a constitutional guarantee of the status of minority languages or legal status for the Malay language institute, and draft a plan for state-supported learning and development of the Malay language. He says this is one way that Malay in Malaysia and Indonesia regained its strong status after independence. 
 
 

MARA Patani Demands a Stop to Assimilation

 
MARA Patani leader Abu Hafez Al-Hakim told Prachatai that the Malay language issue is one that MARA Patani will bring up for discussion in official peace talks with the Thai government.  
 
“If Patani gets the right to become an autonomous region, we will use Thai and Malay. If we get independence, then it will be Malay and Arabic. But in both cases, English will be our international language," Abu Hafez Al-Hakim
 
 
Abu Hafez Al-Hakim
 
He believes that the cause of the decline of Malay in Patani is Thai state’s assimilation policies which obstruct education in and the use of Malay at an official level. The media have also had a role. “After Siam used an assimilation policy of ‘Thai nationalism’, Malay was systematically forced into a decline and lost its importance,” Abu Hafez said, adding that, this problem is not difficult to solve, just by turning state policy around. He also speaks of Haji Sulong who had foreseen this problem. “When Haji Sulong made the seven-point declaration sixty years ago, which include Malay language issues, he must have already expected that if the problem was not solved, the fate of Malay would be hopeless. We have seen that this is the truth today.”
 
When asked for his opinion on the Thai government’s efforts over the past decade, Abu Hafez said that some attempts to restore Malay have been quite admirable. However, such efforts were put into practice, not because the Thai government sympathised with the Patani people because the Thai government prioritised economic and political relations with ASEAN.
 
When asked how he, as a member of a movement for Patani independence, sees the future of language in Patani, he said that if Patani becomes independent or autonomous, he sees the Patani people speaking up to four languages:
"Malay, as a language of the Patani majority;
Arabic, as it is the duty of Muslims to know Arabic;
Thai, as a language of the Patani minority;
English, as an international language.
But Thai Buddhists do not have to know Arabic."
 
Abu Hafez said that he sees Malay children learning both Rumi and Jawi, because both are valuable and important, and from his own experience, knowledge of Jawi helps speed up the learning of Arabic, and the same with Rumi and English. 
 
When asked, as one member of the movement, how he envisions official languages and working languages if Patani becomes independent or autonomous, he said “If Patani gets the right to become an autonomous region, we will use Thai and Malay. If we get independence, then it will be Malay and Arabic. But in both cases, English will be our international language.”
 
The story was frist published in Thai and translated into English by Lalipa Nilubol
 

Review of human rights violations prior to the Constitutional Referendum in Thailand

$
0
0

Following the announcement of the NCPO that the Constitutional Referendum is to be held on August 7, various groups have expressed their views on Thailand’s draft constitution. Both pro- and anti-draft groups have been running campaigns and expressing their views in public. Unfortunately, however, the NCPO has not been welcoming of the views of both groups.

During the past two months, the NCPO has resorted to various means to suppress those from voicing their opposition to the contentious draft constitution. Such acts of suppression are not unfamiliar to Thai people as they closely resemble the NCPO’s response to those who took an anti-coup stance during the years that followed the coup in 2014.

The NCPO has been using the Order of the Head of the NCPO no.3/2015 to restrict anti-draft groups from expressing their views. This order, which was implemented to deal with actions intended to undermine or destroy peace and national security, has been used to stop the New Democracy Movement (NDM) from running campaigns and the United Front for Democracy Against Dictatorship (UDD) from launching Anti-Electoral Fraud in the Referendum Centre.

Moreover, the NCPO has been using the Order of the Head of the NCPO and Section 61 of the Constitutional Referendum Act B.E. 2559 (2016) to prosecute activists who voiced criticism of the draft constitution.

Currently, Thailand’s right to freedom of expression is clearly subjected to numerous regulations. Until today, 113 individuals have been prosecuted for voicing opposing views on the draft constitution. Of the 113 individuals, 94 were charged for violating the Order of the Head of the NCPO no. 3/2015, five were charged for violating Section 61 of the Constitutional Referendum Act, 13 were charged for violating both the Order of the Head of the NCPO no. 3/2015 and Section 61, and one was charged, initially for violating the Order of the Head of the NCPO no. 3/2015 first, and later, on 12 July 2016, for violating Section 61 of the Constitutional Referendum Act.

Number of prosecuted people devided by laws (source: TLHR)

Number of prosecuted people divided by provinces (source: TLHR)

The Omnipresent Powers of the Order of the NCPO Head


As Referendum Day gets closer and campaigns led by various groups become more intense, the suppressive acts from the NCPO have also intensified. On June 8, Mr. Somchai Srisutthiyakorn, an Election Commissioner, told the press that a music video, called “It deserves a knee strike (Vote No)”, which was shared on Facebook on Citizen Resistant’s fan page is being reviewed by the Election Commission of Thailand (ECT) as it might have violated Section 61 of the Constitutional Referendum Act1. Following the comments of Mr. Somchai Srisutthiyakorn, the Citizen Resistant group went to the headquarters of the ECT at the Government Complex to perform the song from the music video. Before Mr. Pansak Srithep, a member of the group, started his performance, he was stopped by the police and was taken to the Thung Song Hong Police Station. He was released without charges.

Student groups and activists who have been campaigning against the referendum, were also arrested and prosecuted. On June 22, the members of the NDM gathered in a public venue in Samut Prakan province to distribute leaflets that contained opposing views against the referendum. Although the police initially intervened, after the group members explained the objective of their campaign and related legal issues, they were allowed to continue their activity. However, on June 23, the NDM continued to distribute leaflets and 13 individuals, including activists, students and unionists, were arrested by the police and military officials. They were not informed of the reason for their arrest and were taken into police custody at Bang Sao Thaong Police Station. There, they were charged with violating the Order of the Head of the NCPO no.3/2015

On June 24, a group of students from Kasetsart University, called the “Kasetsart Liberals”, organized a gathering to commemorate the year Thailand became a democracy at an event, called “Padfoon Prachatipatai” (“Dusting off Democracy”), at the Lak Si Monument. Police seized all “vote no” documents and took seven of the students under police custody. They were charged with violating the Article 12 of the Order of the Head of the NCPO no. 3/2015 that bans political gatherings of more than five people. The officials informed them that they might also be found in violation of Section 61 of the Constitutional Referendum Act after the documents that they distributed were reviewed by the ECT.

On June 5, the United Front for Democracy Against Dictatorship (UDD) opened referendum monitoring centers, called Center to Combat Referendum Fraud, across Thailand. However, the press conference launching the centers was abruptly called off after police interruption. The UDD said it will open the Centers to Combat Referendum Fraud on June 19 regardless of the police interruptions. In response to UDD, the NCPO expressed that monitoring centers constitute a violation of the law. This was the first time NCPO stated an existence of such a prohibition2.

As the launch day of the Centers to Combat Referendum Fraud got closer, the suppression of UDD supporters got more intense. In at least 43 provinces individuals were prevented from exercising their right to express their opinions (see the list at the end of this report). They were summoned by the authorities, their houses were raided by the police, their public activities were disrupted, and their signs and t-shirts which had messages related to the Center to Combat Referendum Fraud were seized. Only traditional ceremonies were allowed while banners or symbols were banned.

On June 19, many activities were disrupted by the police and many individuals were taken under police custody but there were no charges against these individuals. On the following day, it was reported that police in Ratchaburi have summoned at least ten members of the UDD who posted in the photos in front of the Center to Combat Referendum Fraud in Ratchaburi. They were charged for violating the Order of the Head of the NCPO no. 3/2015 that banned political gathering of five or more persons. Fifteen more individuals were charged with the same offence3. In addition, many people in different provinces have been called to the police station to be informed of their charges in six provinces: Nong Bua Lamphu (15), Surin (17), Udomthani (four), Sakon Nakhon (two), Nakhon Panom (one), and Phrae (five)4. On June 22, police summoned 19 members of the UDD to inform them of their charges against violating of the Order of the Head of the NCPO for organizing a press conference to launch the Center to Combat Referendum Fraud5. Across Thailand, at least 80 individuals have been prosecuted for their involvement in activities relating to Center to Combat Referendum Fraud.

In the North of Thailand, authorities used the Order of the Head of the NCPO no.13/2016 to conduct search and seizure of materials related to the Center of Combat Referendum Fraus. For example, on June 27, forces in the “Operation Dawn on the Bank of Nan River” conducted searches in various places in Pitsanuloke. However, the objective of the Order is to suppress activities of groups that pose a significant threat to society and the economic system, such as the mafia. From two of those subject to the search, the officials have only found banners that read “the Center to Combat Referendum Fraud.” These banners were seized by the police. Officials were not able to base the seizures on any order of the Order of the Head of the NCPO6.

“This is not a discrimination against any particular persons. Some groups are suspected to have organized illegal activities and caused social disruption. The reason the signs have been seized is to preempt such disruption. I plead you to stop causing such turbulence. We should allow people to cast their votes peacefully. It does not matter if people will accept or reject it on 7 August” – Maj Gen Nooporn Ruenchan, Commander of the 4th Infantry Division7

Suppression of the campaigns on the Constitutional Referendum Act’s Section 61


“Any persons who have transmitted a text, or an image, or sound through the print media, or radio, or television, or electronic media, or other channels, which are inconsistent with the truth or are violent, aggressive, rude, inciting or threatening and aimed at preventing a voter from casting a ballot or vote in any direction shall be considered as disrupting the referendum”

This is what is prescribed by Section 61 of the Constitutional Referendum Act and has been used to limit expression in various instances as stated earlier. The text is vague and overboard. It is likely to be void for vagueness as it fails to specify prohibited acts with the necessary level of clarity. This is contrary to the principle of criminal law.

The first concrete application of the Constitutional Referendum Act B.E. 2559 (2016) took place on 22 April 2016, one week after its came into force. There was an arrest warrant against Mrs. Chiraphan Tanmanee, the Chairperson of the Ratthawat Tanmanee for People with Autism from Khon Kaen, for “having transmitted a text, or an image, or sound through the print media, or radio, or television, or electronic media, or other channels, which are inconsistent with the truth or are violent, aggressive, rude, inciting or threatening and aimed at preventing a voter from casting a ballot or vote in any direction shall be considered as disrupting the referendum”.8

Lately, the NCPO has also been using Section 61 against NDM members who possess any document on opposing views on the draft. The authorities alleged that the documents were in fact “a fake Constitution”.9 On July 10, police officials of the Ban Pong Police Station, Ratchaburi, have searched the vehicle of Mr. Pakorn Areekul, also known as the “Man”, a member and activist of the NDM, when he was at a meeting with local people in the district who had been summoned by the police to be informed of their charges for opening the Center to Combat Referendum Fraud. The officials took him in custody along with Mr. Anan Loket and Mr. Anucha Rungmorakot, the other two NDM activists. On the same evening, police went to the house of Mr. Panuwat Songsawatchai, a student of the Faculty of Political Science, Mae Jo-Phrae University. He was among the suspects who turned themselves in to the police at the Ban Pong Police Station for opening the Center to Combat Referendum Fraud.10

On the same day that the vehicle of Mr. Pakorn Areekuls was searched, a reporter, Mr. Thaweesak Kerdpokha, from Prachatai was also taken into police custody where he was informed of the charges against him. Even though Mr. Thaweesak Kerdpokha was not present at the event where 18 activists from Ratchaburi were involved in a political gathering, he was arrested for being a participant of the political assembly. On July 12, five plainclothes police officials and seven uniform military officials searched Prachathai office and looked for documents related to the referendum campaign. They did not find any documents. Prior to the search, there were plainclothes officials who had been monitoring the office.11

The campaign materials seized by the officials were not distributed but were simply inside the vehicle. Before pressing charges, inquiry official called Mr. Somchai Srisutthiyakorn, an Election Commissioner on Electoral Affairs who explained to the police that if the documents were simply in the possession and not yet distributed the activists could not be charged with violating the law. But if they had distributed them, whether it would violate the Order of the Head of the NCPO no. 3/201512

On July 5, while all attention was focused on the remand hearing of the seven suspects in the referendum campaign at the Military Court, two students from Ramkhamhaeng University were stopped by police officials from the Udomsuk Police Station simply because they were wearing ‘Vote No’ t-shirts. Even though the students were not involved in an activity related to the referendum, they were asked to remove their t-shirts,. The two students were taken to the Udomsuk Police Station and were questioned about how they obtained the t-shirts. They were released without charges.13

Even the ECT, an authority responsible for enforcing the law, failed to provide guidance in enforcing the Constitution Referendum Act.. In a Facebook post by Mr. Somchai Srisutthiyakorn, as an Election Commissioner toward the case that Mr. Suranand Vejjajiva, former Cabinet Secretary and Mr. Pitch Pongsawat, a faculty member of Faculty of Political Science, Chulalongkorn University, wore t-shirts bearing a statement saying “Yes or No is a right and it is not illegal”. According to the Election Commissioner, it is not considered a violation to wear such t-shirts but it is a violation against the law to wear such t-shirts every day on TV.14 Also, two students from Ramkhamhaeng University who were held at the police station for questioning simply for wearing a “Vote No” t-shirts during their campaign to invite fellow students to participate in their rural camping activity, even though no charges were pressed against them, it reflected how there are simply no clear guidelines as to how to apply the law correctly.

Fear of being harassed and intimidated by the police restricts Thai people from freely expressing their views and opinions opposing the draft constitution. NCPO has been using the Order of the Head of the NCPO and the Constitutional Referendum Act to discourage people from expressing views against the draft . Regardless of the size of the campaign or the significance of the act, every act that can be interpreted as a criticism of the draft have been stopped by the NCPO. Suppressing acts of the NCPO shows the limitations Thai people face in exercising their right to free expression. It shows the efforts of the NCPO to control the results of the referendum. It is clear that the NCPO wants the Draft Constitution endorsed at the referendum.15

Regardless of the voters’ answer of a “yes” or a “no” to the referendum, the result will not be the product of a democratic society who was able to exercise its right to free speech and expression.

The harassments as a result of the launch of the Centers to Combat Referendum Fraud by province

The provinces in which the state authorities have been found to crackdown on the launch of the Centers to Combat Referendum Fraud by the UDD. According to news reports and the Facebook fan page of the “Center to Combat Referendum Fraud”, at least 43 provinces saw such harassments carried out by the officials including the summoning for questions, holding in custody, seizing the signs, surveillance, and in some cases, the prosecutions invoking the Order of the Head of the NCPO no. 3/2015.


 

Central Plain

Province                             Harassment

Bangkok

19 June

 

Prachachuen – Ordered to call off activity, banners seized invoking Section 44

 

Lat Prao – Ordered to disband the Center and to call off activity invoking Head of NCPO Order no. 3/58

 

Bang Khen – Ordered to call off activity, banners seized

Pathumthani

19 June – House raised, summoned to meet, ordered to call off activity

Angthong

19 June – Ordered to call off activity, security forces laid siege at the event, see 1 and 2

Petchaburi

19 June – Ordered to call off activity, but managed to finish it

Lopburi

Prohibited from hanging the sign “Referendum Monitoring Center”, core members summoned to meet and warned since 17 June that they would be arrested if they hang the sign

Chainat

Core members summoned to meet the authorities and ordered to call off activity

Samut Prakan

19 June – raided, held in custody, t-shirts and banners seized

Uthaithani

14 June – sign removed and seized

 

19 June- banners and t-shirts seized, warned against any activity, told that the banners would be returned after the referendum is held

Suphanburi

19 June – prohibited from hanging the sign, though managed to open the referendum monitoring center

Petchaboon

19 June – banners seized, but managed to hold the event

West

ProvinceHarassment

Tak

19 June – banners seized, had to make an agreement to not open the referendum monitoring center

Prachuab Khiri Khan

19 June – prohibited from opening the referendum monitoring center, though managed to open it

Ratchaburi

19 June – Ordered to call off activity, core members held in custody and summoned to meet the authorities, though some other groups managed to carry out the monitoring activity after 19 June. 25 individuals prosecuted, see 1 and 2

East

ProvinceHarassment

Chachoengsao

18 June – held in custody

Rayong

17 June – sign removed

Prachinburi

17 June – held in custody, prohibited from opening the center, see 1 and 2

Chanthaburi

19 June – monitored by military during the activity and participants summoned to meet on 24June

E-san (Northeast)

ProvinceHarassment

Nakhonpanom

19 June- held in custody

Amnaj Charoen

19 June – raided by the officials forcing the organizers to change the format of activity

Khonkaen

19 June – activity banned

Mahasarakham

19 June- held in custody, prior to the event day warned on the phone since before 15 June

Saknon Nakhon

16 June – house raided and warned not to organize the activity,  and after 19 June, two persons prosecuted (the second person was charged only after 11 July)

Nakhon Ratchasima

18 June – activity banned, banners and t-shirts seized

Nong Bua Lamphu

After 19 June, 15 got prosecuted

Udonthani

19 June – activity banned and held in custody and after 19 June, four persons prosecuted

Surin

after 19 June, 17 persons prosecuted

Kalasin

17 June – held in custody

Roi-Et

15 June – summoned to meet the authorities

Mukdahan

15 June – house raided and core members summoned to meet the authorities

Ubonratchathani

19 June – invoking the Head of the NCPO Order 3/58’s Article 12 to ban the activity and the wearing of the campaign t-shirts

  

North

ProvinceHarassment

Lamphun

19 June – banners seized

Phrae

After 19 June, five were prosecuted

Lampang

19 June – sign removed and kept under surveillance

Payao

19 June – summoned to meet the authorities and banners seized

Chiang Mai

14June – summoned to meet the authorities, claiming a breach of the MOU

Mae Hong Son

19 June – summoned to meet the authorities, banners seized

Nan

19 June – hanging of sign banned, though allowed to open the center

Uttaradit

19 June – military and administrative officials conducting surveillance on core members, summoned to meet the authorities

South

ProvinceHarassment

Patthalung

19 June – officials surveiling the houses of core members summoned to meet the authorities

Trang

19 June – as a result of the negotiation, members agreed to change the name of the corruption buster center to the referendum monitoring center

Pattani

19 June – core members summoned to meet the authorities, held in custody after the center is disbanded

Satun

19 June – event raided and monitored by the officials

Phuket

19 June – banners seized

 

Sterilizing disabled women: a convenient solution?

$
0
0
Prejudices surrounding the physically disabled abound, not least society’s view of them as nonsexual beings. Ironically, while the disabled are often barred from sexual education, disabled women are 1.5–10 times more likely than abled women to be sexually abused. What’s more, disabled women are often forcibly sterilized, raising the issue of the degree of “rights” they have concerning their own bodies.

 
 
There are approximately 800,000 physically disabled women in Thailand, many of whose rights have been violated by forced sterilization. Some women are coerced into it with false claims, like “sterilization prevents sexual abuse.” Although these sad stories have repeatedly circulated around Thai society, disabled women and their “rights” continue to be ill-defined and destroyed.
 
Traditionally, abled people’s view of the disabled, and even the disabled’s view of their own self-worth, overlooks the sexual ability of the disabled. Often there are misconstrued beliefs that the disabled have no sexual needs or desires, since sex is intimately intertwined with the notion of embodiment, form, and beauty of the physical body. These beliefs circulate even more strongly around disabled women, whose sexuality is doubly regulated: both a woman and a disabled person in Thai society.
 
“After I started using a wheelchair, I had no more opportunities to continue my secondary school education, since the school did not accommodate disabled students. My already meagre sexual education knowledge soon dwindled to zero. What’s more, after I started staying home, the chances of me meeting a nice guy or friends of the opposite sex diminished significantly. I became cut off from the world of youthful sexual relations.”
 
These deeply-rooted ideologies towards the disabled and sex in Thai society lead to disabled women choosing to inhabit a solitary world framed by rules, exceptions, and family. 
 

Society takes one view, the disabled comply

 
The most visible, obvious problem for the disabled is access: not surprisingly, disability rights groups focus on the issue of elevators and other facilities for the disabled to the point that one signifies the other. However, the issue closest to the disabled’s body, that of sex, is often ignored.
 
Many people unknowingly think of the disabled as a nonsexual group of people. Research has shown that the disabled are often overlooked from their sexual/gender differences of man, woman, or LGBT because they are “blocked” from visibility by disability.
 
Society has the attitude that the disabled are different in kind. The physically disabled are often viewed as being devoid of sexual feelings or needs, especially if their body is deformed or incomplete. Disfigured bodies are viewed as shameful things that should be hidden from the public eye. These social views prompt many disabled people, especially young women, to hide themselves away from society because they do not believe that they can find love or raise families with their bodies.
 
“After I started using a wheelchair, I had no more opportunities to continue my secondary school education, since the school did not accommodate disabled students. My already meagre sexual education knowledge soon dwindled to zero. What’s more, after I started staying home, the chances of me meeting a nice guy or friends of the opposite sex diminished significantly. I became cut off from the world of youthful sexual relations. My relatives also discouraged me from having a boyfriend. They told me that a relationship would end with me being taken advantage of and having my heartbroken because there was no way for me to help or defend myself,” said a physically disabled woman.
 
Society discriminates against disabled women in the sexual sphere, assuming that sexually inexperienced, disabled women who have never had a relationship before will throw themselves into their first relationship, resulting in disappointment, being taken advantage of, and an ultimately unsuccessful relationship. As a result, the women feel even more unwanted by society, and society reaffirms their view that disabled people should not fall in love or have any sexual relations. Even if she is lucky enough to find someone to love, settle down with, and have children with, physically disabled women are still assumed to be unfit mothers. 
 
Alison Lapper Pregnant is a statue of Alison Lapper, an English artist with no arms and short legs, sculpted as a symbol of physically disabled women’s fight to overcome bodily restrictions. The statue is located in London. Photo by Michael Hirst (CC BY-NC-ND 2.0)
 
 
Because of these prejudices against physically disabled women bearing children, officials and public health officers ignore and refuse to communicate directly with these women, depriving them the chance to become a mother.
 
“Many times when I go to the hospital alone, the nurse asks me ‘Where are your relatives? Please go find them.’ Sometimes, they don’t even let me sign documents or explain my symptoms until I am accompanied by a relative. When I go with a relative, doctors and nurses speak directly to them instead of asking me about my own symptoms. This happens so much that I feel ignored. I don’t understand why, in their eyes, I don’t exist as a person,” said another physically disabled woman.
 

The disabled are “sexually vulnerable”

 
Since society views the disabled as nonsexual beings, the disabled are also sexually vulnerable—a disgusting twist of irony. Research has shown that disabled women are 1.5–10 times more likely than abled women to be sexually abused. This affects not just women with mobility disabilities who are unable to help themselves. Nattaya Boonpakdee, the head of Thailand’s United Nations Population Fund (UNFPA), told Prachatai that those with hearing disabilities are the main victims of sexually abuse, because of the difficulty in communicating their abuse through sign language to an interpreter. Many times, the disabled find it too harrowing and shameful to convey their testimony to an interpreter, which creates another barrier for communicating with doctors, police, and prosecution officials. 
 
Sexual abuse and rape of the disabled is an exertion of power that assumes that the disabled are weak and defenceless. Therefore, sexual abusers of the disabled feel that a disabled victim meets their needs more than an abled person who can defend themselves.
 
Of course, education is an important factor in making the disabled less sexually vulnerable. Research shows that only 20% of disabled children enter the school system. However, not even this 20% are able to receive sexual education that is adequate to their different disabilities. For example, visually disabled children and physically disabled children need different, specialized sexual education that they can use in their everyday lives. It is a challenge for teachers who are only equipped with sexual education curriculums for “normal” children to provide appropriate sexual education for disabled students that includes defence against sexual abuse.
 

Never talking about the birds and the bees

 
Due to the awkwardness and lack of information surrounding sexual education for the disabled, most parents of disabled daughters decide to shield their child from all sexual knowledge and relationships, preferring to keep them at home. These parents do not tell their daughters about sex, STD protection, or even reproduction. Families, fearing that their disabled daughters will be vulnerable if forced to face the world alone, try to prevent any possibility that they will be sexually abused, even seeking medical aid for this end.
 
“The disabled are weak and defenceless. Therefore, sexual abusers of the disabled feel that a disabled victim meets their needs more than an abled person who can defend themselves.”
 
Saengplern Jarusarn, mother of three, started working in disability care after her youngest daughter was diagnosed with autism and an abnormally small brain. Her daughter is completely unable to care for herself. As her daughter grew, the issue of sterilization came up.
 
“When I found out my daughter was abnormal, my world was turned upside down. My life became a series of trips with my child in and out of hospitals and training her development. When she became a teenager, doctors and psychologists continually gave me advice on her sexual development. They were largely concerned about her hygiene and emotional state,” the mother told Prachatai. 
 
Saengplern had been confident that she could take care of her daughter’s hygiene, but her daughter’s periods brought on violent mood swings. Her daughter was so angry and uncomfortable with having to wear sanitary pads that she would tug, scratch, even pull out the whole pad altogether. Saengplern had to put adult diapers on her child instead. Seeing that her daughter’s periods only brought on stress and negative results, the family decided to consult a doctor on Hysterectomy [cutting the uterus] in order to halt her daughter’s periods. 
 
In fact, disabled women are often sterilized, maybe even more often than they are sexually abused. It is a sad reality that many women with hearing disabilities have been unwittingly sterilized against their will in their teens, due to difficulties in communication and a lack of sexual terms in sign language. When these women enter adulthood and are ready to build a family, they realize with horror that their inability to conceive is due to an earlier forced sterilization. 
 
Nattaya, head of the Thai UNFPA, said that sterilization of the disabled is common because of concerns about pregnancy and sexual abuse. However, she said, sterilization does not deter sexual abuse. In fact, their inability to get pregnant may even spur repeated abuse.
 
In Thailand, caretakers of the disabled often make their decisions for them, especially if the disabled are unable to make important decisions or are legally classified as incompetent. Often, caretakers will make decisions to make care of the disabled as easy as possible, focusing on support rather than rights.
 
How do we draw the line at violating the disabled’s rights? — What rights do the disabled have?
 
The UN Convention on the Rights of Persons with Disabilities (CRPD) clearly states the state’s mission in helping provide the disabled with healthcare services, including those concerning reproductive and sexual health. The disabled are also given the right to freely make decisions concerning their own health. But discrimination still regularly occurs in the form of medical procedures without consent, such as forced sterilization or forced abortions.
 
“Sterilization of the disabled is common because of concerns about pregnancy and sexual abuse. However, she said, sterilization does not deter sexual abuse of the disabled. In fact, their inability to get pregnant may even spur repeated abuse.”
 
Many physicians advise disabled patients to undergo sterilization without complete information about the procedure and its effects, pushing the disabled or their guardians to agree, with or without consent. Of course, this is a violation of the rights of the disabled. Even if a disabled patient does not have the mental capacity to make this decision, this still does not give others the right to decide for them, especially if the disabled is a woman. This is because sterilization by tubal ligation is major surgery involving anaesthesia and open wounds and may be fatal.
 
Nevertheless, Jittima Panutecha, Director of the Women’s Health Advocacy Foundation, told Prachatai that first we have to understand that family members of the disabled are as hurt by social censure as the disabled themselves and recognize the feelings that result. Therefore, the families’ decision to solve the problem through sterilization isn’t a question of right or wrong, she says. If the parents have done something to risk violating the rights of their disabled child, the important thing is not to place blame, but to intervene by providing knowledge and options for a solution. Consent from the disabled themselves is the central tenet to respecting the rights to their own body. Still, disabled people do not often exist independently from society and their families, so it is important to work together with them, especially the caretakers.
 
“The person who has the right to decide should be the disabled person themselves. However, if they are unable to make the decision, there should be a process in place to make them understand what is going to be done to their body. So if you ask me whether it’s right or wrong to sterilize the disabled, I can’t answer that. To decide any case, we must see how much information the parents and the physicians provided to the disabled person, and whether they were involved in the decision-making process. If that was the case, then the sterilization can be done. If not, then the rights of the disabled have definitely been violated,” explains Jittima.
 
Furthermore, disability pregnancy is still a hotly debated issue. Many people, including the disabled, assume that if a disabled person has a child, their child will have the same disability. Disabled people who have not entered the public health systems relating to reproductive health assume that their disabilities will be inherited, or even that they are sterile. By the time that many disabled people realize that they are able to have children, it is too late.
 
“We have no right to prevent disabled people from having children if they fully accept that they will have disabled children. However, they have to know the challenges of caring for a disabled child while disabled themselves. We have to present these parents with the necessary information so they can make an informed decision. Some people decide to have children even though they know full well that they will pass on their disability. Still, it is their right to do so, even if others around them disapprove,” said Jittima. 
 
“The person who has the right to decide should be the disabled person themselves. However, if they are unable to make the decision, there should be a process in place to make them understand what is going to be done to their body. So if you ask me whether it’s right or wrong to sterilize the disabled, I can’t answer that.”
 

Sterilization: the final answer?

 
Finally, we still cannot say whether sterilization of the disabled is ethically right or wrong. In some contexts, sterilization seems to be the easiest way to solve a problem, even if it may violate the rights of the disabled woman. Saengplern added that the medical, utilitarian viewpoint is detached from personal ties with the patient or caretaker. The most efficient, pragmatic solution taught in medical school is used, and these same “patterns” are used on different patients to “solve problems”—not just through sterilization, but with other methods such as making a hole in the throat for breathing or in the stomach to insert a feeding tube. In actuality, of course, using these “patterns” do not yield exclusively positive results.
 
A good illustration is Cerebral Palsy (CP), a condition where the muscles in the limbs and face are weak and may spasm, causing the person to have difficulty speaking clearly. However, CP does not affect the brain or cognitive development, so with adequate and regular treatment and training, those with CP can live full lives, just like any other person. 
 
The BBC documentary “We Won’t Drop the Baby” follows a British couple with CP, Adele and Laurence Clark, from the pregnancy with their second son until his birth. The family faces many challenges and must work to overcome them.
 
In the documentary, Adele is hoping to give a natural birth to her second child after having a C-section to deliver her first, because she wants to feel the pain that most mothers feel. However, due to her CP, the muscles in her bottom half are weak, eliminating the possibility of a natural birth. 
 
The couple also tell of the specific challenges that face them as disabled parents. For example, when the family do everyday activities such as going to the mall, people gaze at them with curiosity and suspicion, even coming up to ask the parents how they are able to handle raising their children. 
 
However, Adele stands firm, saying that her decision to have children is entirely her right. She even says that if her child ends up having CP like her and Laurence, then that child will be the happiest disabled child in the world, because she or he will have parents that understand what it’s like to have that disability.
 
Having CP in Thailand, however, is a very different story. Teenagers with CP are often pressured into sterilization, since the abnormality of the disability is very visible and those who have not been trained to develop communication skills have difficulty communicating. 
 
“If her child ends up having CP like her and Laurence, then that child will be the happiest disabled child in the world, because she or he will have parents that understand what it’s like to have that disability.”
 
Saengplern added that many disabled women decide to undergo temporary sterilization in order to halt their periods, such as by taking birth control pills or wearing an intrauterine device. However, this method needs continued upkeep and has long-term costs, making it unpopular. The process of taking a disabled person, especially one classified as incompetent or with brain problems, to hospital every month or year to be sedated and treated for birth control is almost an impossible hassle.
 
Of course, that is a small hassle compared to seeing many disabled people unable to have the children they want due to forced sterilization.
 
As we can see, sexual issues for the disabled are complicated, even contradictory. The families and caretakers of the disabled are the main factors in determining the quality of life of the disabled person. Changing the social stigma against the disabled (such as the one that assumes they are nonsexual) will require the time and cooperation of many organizations and parties, especially on the issues of sex, emotions, feelings, sexual intercourse, and body.
 
The article was first published in Thai on Prachatai and translated into Thai by Asaree Thaitrakulpanich. 

Deep South inhabitants have a say on the draft constitution and referendum

$
0
0
Deep South opinion leaders share their views on the draft constitution and the controversial referendum scheduled on August 7. Apart from concerns about the succession of power by the junta’s National Council for Peace and Order (NCPO) shared by the general public in the rest of the country, they think that the draft is not conducive to the peace process, and may even impinge on religious rights.
 
Thailand’s three southernmost provinces are rather different from the rest of the country. Predominantly Muslim Malay, the region, composed of Pattani, Yala, Narathiwat and four districts of Songkhla, has been pervaded by armed conflict for the past decade which has claimed almost 6,500 lives. 
 
 Predominantly Muslim Malay, the region, composed of Pattani, Yala, Narathiwat and four districts of Songkhla, has been pervaded by armed conflict for the past decade which has claimed almost 6,500 lives. 
 
In this story, Deep South opinion leaders share their views on the draft constitution and the controversial referendum scheduled on August 7. Apart from concerns about the succession of power by the junta’s National Council for Peace and Order (NCPO) shared by the general public in the rest of the country, they think that the draft is not conducive to the peace process, and may even impinge on religious rights.
 
Prachatai interviewed Tuwaedaniya Tuwaemae-ngae, a civil society activist from Pattani, a youth activist from Seeds of Peace, Abdul Hafez Hilae, a member of the Islamic Council of Yala, Kamal Abdulwahab, director of a private Islamic school in Pattani, and Maroning Salae, an environmentalist from Pattani. 
 
 

The draft constitution may impede the peace process

 

 
Tuwaedaniya Tuwaemae-ngae
 
Tuwaedaniya Tuwaemae-ngae, Director of the Academy of Patani Raya for Peace and Development (LEMPAR), believes that if the draft constitution passes the referendum, the peace process will be negatively affected.
 
Peace processes in other countries often involve the constitution, said Tuwaedaniya. For example, the Philippines Constitution since 1987 has stated that peace processes are issues of national concern, and because of that, tangible progress has been made. A good constitution moves peace processes forward by acting as a yardstick. Most importantly, with a good constitution in play, Party B (the party against the state/insurgency groups) is able to trust the state more and has incentives to participate in the peace process. However, Thailand’s current draft constitution completely fails even to mention the peace process in the Deep South. 
 
Tuwaedaniya is also concerned that this draft constitution did not come from the people. “This draft constitution is written by the junta. This draft gives the power to check and remove [the PM and MPs] to the Constitutional Court and appointed senators. It’s completely unconnected to the citizens. It’s just the small circle of the elite exercising power and overseeing others. So why would they acknowledge or even care about local problems? 
 
“Huge problems like the peace process aren’t even mentioned in the draft constitution, let alone smaller issues, such as those about natural resources,” the LEMPAR director told Prachatai. 
 
In Tuwaedaniya’s analysis, suppressing political expression and excluding citizen input from the drafting process is bound to weaken the peace process in the Deep South. He anticipates an escalation of violence in the area, too. “What the NCPO is doing now just plays into the hands of the Patani liberation movement, which only adds to the divisive atmosphere that the insurgents want. The people feel isolated by the administration of the Thai state and the government itself, since they cannot participate. What’s more, this drives away people who are neutral because they see the viciousness of the Thai state, which is the instrument of the ruling class. 
 
Like Tuwaedaniya, an activist from the Seeds of Peace youth activist group who goes by the name Bank, also believes that after the referendum, Thailand will continue to be an undemocratic state. As a result, civil society groups will be negatively affected, since every move they make or event they hold will be strictly watched and controlled.
 

Villagers lack an interest in and information about the draft constitution; a close watch should be kept on disturbances leading up to the referendum

 

Bank from Seeds of Peace
 
Detained by the military when he advocated the right to campaign on referendum, Bank went on to tell Prachatai that, at the moment, most people in the Deep South do not even know much about the draft constitution. “Right now, most citizens are confused and lack understanding of the issues because the NCPO bans campaigning on the referendum. So people don’t know where to get information, because we are even banned from holding events or small activities to raise awareness.”
 
Tuwaedaniya added that the junta is keeping a close watch on whether Deep South villagers will vote in the referendum or not. “Even without the looming referendum, the state’s ‘little birds’ are all over the place, keeping a watch on dissidents. So with the upcoming referendum, the NCPO has put a great emphasis on people going out to vote Yes. If there are people campaigning for a no vote or even not to vote, the state may see them as part of the liberation movement. So in order to survive, ensure their own safety, and avoid being constantly watched, searched, and detained, most people here will go to vote to appease the NCPO.”
 
The activist director also pointed out that Patani citizens may use this referendum as an opportunity to express their stance on the separation issue by writing messages on the ballots. In the last election, he said, many citizens wrote “Patani Merdeka” (Patani Independence) on their ballots.
 
“Armed violence may also escalate as the referendum draws near, in order to show displeasure with NCPO rule. For the liberation movement, action at this point in time is especially meaningful, since it shows that they reject the dictatorial nature of the military NCPO. Of course, the military is probably prepared to retaliate with a heavy hand,” said Tuwaedaniya.
 

Anticipated loss of state support for Islam; Muslim way of life may be threatened

 

Abdul Hafez Hilae
 
Abdul Hafez Hilae, Vice President of the Federation of Private Schools in the Deep South and member of the Islamic Council of Yala Province, expressed concerns over Islam in connection with Articles 67 and 31 of the draft constitution, both of which relate to the role of the state and religion.
 
Article 67 stipulates "The State shall patronize and support Theravada Buddhism which has long been professed by the Thai people. The State shall promote and support education and propagation of principles thereof for the purpose of mind and intellectual development, and shall establish measures and mechanisms to prevent the desecration of Buddhism in any form and encourage the participation of all Buddhists in the application of such measures and mechanisms." 
 
Article 67 does not stipulate that the state has the duty to patronize other religions. Hence Abdul Hafez was concerned that Islamic leaders would not receive support. He said, “In Indonesia, the Ministry of Religious Affairs has different departments for six main religions that citizens profess. Despite Buddhists are minority, the Indonesian government has a Buddhist Affairs Department and a budget to support Buddhism.”
 
He also thinks Article 31 is unsettling. 
 
Article 31 says “A person shall enjoy full liberty to profess a religion, and shall enjoy the liberty to observe or perform rites according to their own religion, provided that it shall not be prejudicial to the duties of Thai people, be harmful to the security of the State, or be contrary to the public order or good morals of people."
 
Abdul Hafez said the Article uses broad terms that risk misinterpretation. He is concerned that the Islamic way of life could be affected. “It is ambiguous. Anyone can petition the Constitutional Court to interpret if a Malay Muslim tradition is contrary to the public order or good morals of people, and this may lead to banning the tradition.” He cited the example of the ban on burqas in France, for the sake of peaceful coexistence in society. The qurban, the sacrifice of an ox or cow at the Hari Raya celebration, where an unstunned animal is killed by slashing its throat, could be considered as contrary to the good morals of people; the azan, the call to prayer through a PA system, may be viewed as a noisy disturbance and against public order. 
 

Private Islamic schools risk losing financial support leading to less opportunity for senior high schools 

 
Kamal Abdulwahab, Director of Azizstan Foundation School in Pattani Province, said he worried that Article 54 of the Constitution, which stipulates that the State shall ensure the availability of compulsory education of good quality and with no charge for a period of twelve years for all children, beginning from the pre-school level to Grade 9, would limit opportunities for high school and vocational education to students in the three southern border provinces. They will need to fund themselves or apply for a state educational loan. He is concerned that Muslim Malay youth will eventually drop out from school.
 
“Recently the military government announced an order under Article 44 of the Interim Constitution to allow 15-years of free education to the senior high school/vocational college level in the draft Constitution. Nevertheless, at the end of the NCPO term, it is not certain if a post-NCPO government will keep this policy. The Constitution says that free education is the duty of the state, but Article 162 says that the statement of policies must be in compliance of the Duties of the State and the government must present the statement of policy to the Parliament.” I have been voicing these concerns whenever I have an opportunity, he added.
 
Kamal said since the 1997 Constitution, students have enjoyed free education to senior high school level, thus the rate of enrolment in education in the southern border provinces has increased. Impoverished students have more options apart from pondok schools (traditional boarding schools mainly teaching Islam) after compulsory education. Earlier, only a few studied in state senior high schools or vocational colleges. Nowadays, more than half of the kids who graduated from junior high schools will pursue high school or vocational education. 80 per cent of this choose to go to private Islamic schools, where religious subjects and general subjects are taught.  
 

Stifling political environment is working against environment conservation 

 

Maroning Saleh, Pattani Gulf Conservation Group
 
Maroning Saleh from the Pattani Gulf Conservation Group said he did not expect the charter draft to have any significance when the NCPO can exert power in any form. The Constitution is an empty ritual to fill the required steps, but it is insignificant. 
 
“The elected government will be under the NCPO’s control. Although people share some benefits from the Constitution, it is meaningless. [The NCPO] can by-pass the Constitution and use its power under Article 44." 
 
“There will be an election but the NCPO will control the government for the next five years. If it is like this, I don’t know why we have a Constitution, unless it is just to console us that we have a democratic Constitution."
 
Maroning said the NCPO’s previous actions have had adverse effects on fishers’ way of life and livelihood. [Small scale] fishers rely on the environment. Currently, there are many mega projects such as dams or power plants that ignore the EIA process. In the end the villagers face terrible environmental consequences.
 
“The Thepa coal-fired power plant will devastate the Pattani Gulf because it is on the Gulf of Thailand side. The sea has no boundary. When a coal-fired power plant pollutes resources and the environment, people living in coastal areas will be affected. Many people will suffer as fishers cannot fish.”
 
Viewing all 128 articles
Browse latest View live