31st May 2007
Disbelief, tears and defiance greeted the announcement Wednesday that top judges had dissolved Thai Rak Thai.
Chaturon Chaisaeng, Thai Rak Thai (TRT) leader, branded the verdict "totally unexpected."
He urged the party's estimated 14 million supporters to stay calm for the sake of stability in the kingdom.
But in the following sentence he said that the country might not accept the verdict. As he started to attack the military regime, all Thai TV stations cut away from his speech to party supporters.
"This is what you get in a dictatorship," he began to say, when the live feed from the Rama III Road TRT party headquarters was cut by all TV stations, which are under full control of the military regime.
Later, some stations resumed their broadcast from the TRT scene, but never showed Chaturon and did not carry his continuing speech.
"Even if we don't agree with the ruling, I ask all Thai Rak Thai members not to protest or oppose the ruling," Chaturon said in his opening remarks to the crowd. He had earlier pledged to abide peacefully with the Tribunal ruling, whatever it was.
"We have not received justice," said Chaturon, who had earlier sat stony-faced at the court.
"The verdict was based on the thought that anyone who seeks the power is right, even if the power came from the gun... we (are) under the dictator's rule."
His speech roused defiant cheers at the party headquarters, but the 500 TRT supporters were clearly upset by the verdict, with most of them -- including the party executives -- close to tears or openly weeping.
"We are really disappointed by the verdict. We had hope left, but now there is proof there is no mercy for us," said Sukhon Nothayos, 47, who works for a charitable foundation in Bangkok.
"Thailand has no democracy anymore. The power of the people no longer exists, but we will continue to fight to bring back democracy for the country," she said as she clutched a bunch of flowers.
As the night wore on, some supporters headed home, but others stayed and took to the stage, singing a song in honour of their former leader Thaksin Shinawatra, who was said to be "disappointed" by the verdict, according to his lawyer and a pro-Thaksin website.
In sharp contrast, cheers and back-slapping erupted at the Democrat Party headquarters earlier as news broke that Thailand's oldest political party had escaped dissolution after being cleared of fraud.
"I want today to be the drawing to an end of all worries," said Abhisit Vejjajiva, leader of the 61-year-old party, as beaming supporters mingled around him.
Deposed prime minister Thaksin Shinawatra was saddened by the verdict, while analysts said the court has only fanned the political confrontation to new levels.
"It is an unexpected ruling and we are disappointed by the verdict. It's too harsh on Thai Rak Thai," Thaksin's lawyer and spokesman Noppadon Pattama told the Reuters financial reporting agency in Bangkok.
But he called on Thais to respect the ruling against the Thai Rak Thai party he founded and led until the military junta tossed him out last September.
"We have to respect the rules of the game," he said in an interview with the BBC. "That is, the rule of the law. If the rules of the law are observed, we have to respect it."
"The Thai Rak Thai's crimes are very dangerous to democracy," Judge Krairerk Kasemsant said as Thai Rak Thai officials, including several former Thaksin cabinet colleagues, sat stonefaced as the verdict was read out.
And banning the telecommunications billionaire could outrage the millions of people in the countryside and the urban poor who gave him two landslide election victories.
"It is certain the people of the country won't accept it," Thai Rak Thai leader Chaturon Chaisaeng said while calling for restraint.
His remarks were cut off by all Thai TV stations as he spoke to a crowd of several hundred supporters after the court verdict. All broadcasting is rigorously controlled by the junta and the government it appointed after taking power last Sept 19.
Analysts were subdued and worried.
"It's a big surprise because banning more than 100 people will make the political game unfair. It's negative for the country's political climate, which needs checks and balances," leading financial analyst Thanawat Patchimkul said.
"It's a political massacre," said Kongkiat Opaswongkarn, head of a leading brokerage.
Foreign analysts were even stronger.
"I think it would be naive to assume that a decision will resolve the current political problems," Global Insight analyst Elizabeth Mills said in London. "It will be difficult to envisage how meaningful elections can be held in December."
In response to calls for a faster election than the military's schedule for a December vote, Election Commissioner Sodsiri Sattayatham said the EC was ready.
Interviewed on a Channel 9 talk show after the final verdict, Ms Sodsiri suggested the country could vote on a new constitution on Aug 19, and then hold a general election in October. The Tribunal Court banned ousted Prime Minister Thaksin Shinawatra and 110 other top officials in his party from politics for five years. Here are some of the political and economic milestones that have shaken the country since 2006.
January 23, 2006: Mr Thaksin family's tax-free $1.9 billion sale of their controlling stake in telecoms major Shin Corp to Singapore state investment firm Temasek angers Bangkok's middle class, fueling weeks of protests.
April 5: Mr Thaksin steps down and hands day-to-day power to a deputy three days after an opposition boycott renders a snap general election he called invalid.
September 19: Tanks surround Government House in a bloodless military coup, Thailand's first in 15 years. Mr Thaksin ousted while he is preparing to address the UN General Assembly in New York.
October 1: Former army commander-in-chief Gen Surayud Chulanont is sworn in as interim prime minister. Mr Thaksin, exiled in London, steps down as Thai Rak Thai (Thais Love Thais) party leader two days later.
December 19: Thai stock exchange plunges 14.8 per cent, its biggest one-day drop since 1990, one day after Bank of Thailand chief Tarisa Watanagase announces stringent capital controls to stem the baht's rise.
December 31: A string of bombs in Bangkok kills three people and wounds more than 30 as crowds celebrate New Year's Eve.
January 9, 2007: Foreign investors receive another shock as controversial changes to the Foreign Business Act are proposed.
February 21: Economic adviser Somkid Jatusripitak, an ex-finance minister and the architect of Thaksin's pro-business policies, resigns six days after his appointment outrages critics of the old Thaksin government.
February 28: Finance Minister Pridyathorn Devakula quits, blaming cabinet infighting. His successor, Chalongphob Sussangkarn, is appointed on March 7.
March 26: Prosecutors charge Potjaman Shinawatra, Thaksin's wife, and her brother and secretary with tax evasion. Complaints continue about the slowness of the investigation into allegations of corruption under Mr Thaksin.
March 29: PM Surayud refuses a demand by coup leader General Sonthi Boonyaratglin to use emergency powers to prevent small anti-government rallies growing out of control. He announces a general election will be held on December 16 or December 22.
May 30: The Constitutional Tribunal bans Mr Thaksin's party after it was found guilty of breaking election laws. The judges say all members of the executive committee of the party which includes Mr Thaksin, are banned for five years and the party disbanded.
The guilty verdicts on both charges against Mr Thaksin's party came after the court acquitted the rival Democrat Party of any wrongdoing in the inconclusive 2006 election, later annulled. |
30th May 2007
Security authorities have boasted so much about how they intend to handle mass rallies that many imagine the country is on the brink of disintegration. But reporters can find no one who is organising or gathering for protest.
Some now ask whether those in charge of national security have manipulated information.
With the Constitution Tribunal to make its long-awaited rulings in the party dissolution cases today, many have the impression that the country is sinking even deeper into political turmoil.
Such feelings seem to be built on information leaked from security authorities in the military-installed government and the Council for National Security (CNS).
These authorities have been telling reporters how they plan to handle mass rallies anticipated in response to today's verdicts.
The full-scale preparation on the part of security authorities makes many imagine the country is on the brink of disintegration.
Nonetheless, when reporters asked leaders of political groups expected to launch rallies, and other political campaigners, their replies gave the opposite impression. All of them insisted they will stay home to watch the verdict on television and they will persuade their supporters to do the same.
Some have begun to ask whether the public has fallen prey to information manipulation by those in charge of national security.
In the past week, the political situation has been relatively stable.
However, the security authorities and those likely to be affected by today's ruling seem to have engaged in a psychological battle which has also worsened the atmosphere for reconciliation.
Security authorities told reporters they have adjusted security plans to cover wider areas around Bangkok, rather than focusing on city landmarks.
Military and police officers were assigned to closely monitor people in their jurisdictions and prevent them converging on the capital.
The authorities also released reports that they have set up countless road checkpoints throughout the country and that military officers have undergone crowd dispersal training.
Police said they are equipped with tear gas and pepper sprays.
Key members of the CNS also gave interviews saying they may have to declare a state of emergency as it might not be able to control the situation.
They also released reports that deposed prime minister Thaksin Shinawatra allegedly tried to sneak back into Thailand through either the Thai-Burmese border in Chiang Rai province or the Thai-Cambodian border in Trat.
Closer to the day of the ruling came more unverified news and rumours about Mr Thaksin and his supporters whipping up political undercurrents.
Acting Thai Rak Thai party leader Chaturon Chaisaeng affirmed that his party will accept the tribunal's verdict and has no plan to hold a rally.
Those in power were trying to make news that frightened the public, he said. They had also hired various groups of people to commit crimes and slandered the old power clique as being responsible for those crimes.
Mr Chaturon called for security authorities to stop frightening the people and scrap their plan to enforce the emergency decree in Bangkok.
However, on the other side of the fence, the anti-government and anti-coup groups have not sat still.
The Saturday Voice Against Dictatorship group earlier announced a plan to hold a mass rally today, and said it would distribute 200,000 Jatukarm Ramathep amulets to participants.
Executives of the banned People's Television satellite station said they would hold a rally tomorrow.
However, observers viewed the two groups' rallies as part of their regular political activities, and nothing more special than their earlier protests.
The only one seemingly unmoved by all news reports and pressure from political groups is Prime Minister Surayud Chulanont.
He insisted that the Constitution Tribunal's verdicts will be the end of the fraud cases related to last year's April 2 election.
He said he was confident that most Thais understood the country's situation well, and that a nation could not exist if its people do not abide by the rule of law |
29th May 2007
The Council for National Security (CNS) is mobilising some 13,000 men from the armed forces and the police to prevent unrest and the movement of mobs from the countryside to Bangkok when the Constitution Tribunal announces its verdict in the party dissolution cases on Wednesday.
The operation was decided on by all the CNS members who met at army headquarters under the chairmanship of army chief and CNS chairman Gen Sonthi Boonyaratkalin yesterday.
CNS spokesman Col Sansern Kaewkamnerd said after the meeting the officers were ready to stop mobs nationwide and prevent those who might plan to enter the capital tomorrow.
Part of the mobilisation will take place in Bangkok where the army, the navy and the air force will put some 400-500 officers each on standby plus the city police force.
According to Col Sansern, Gen Sonthi will command all the forces from army headquarters in Bangkok while other key CNS figures are assigned to supervise the situations in the regions.
Actions will start with gentle approaches moving to harsh ones if necessary. Attempts will be made to create understanding with mobs in the provinces and convince them to listen to the tribunal's verdict in their own areas instead of heading for Bangkok.
The CNS did not want to exercise the executive decree on emergency situations unless that was necessary, Col Sansern said. He confirmed that no dangerous weapons would be used.
"The CNS insists that we will try every possible way to prevent violence. If violence does happen, we are confident that the plan will certainly keep the situation under control," said the spokesman.
He said the CNS had to come up with the plan because Thai Rak Thai members had announced rallies in many areas. He expects movements of people mainly from the North and Northeast. The CNS' plan should limit the number of protesters and keep things under control, he said.
Col Sansern declined to answer on being asked if the mobilisation of such a large force could facilitate a counter-coup.
Nine members of the Constitution Tribunal will meet this afternoon at the Supreme Court to express their individual judgements on the party dissolution case. The case involves Thai Rak Thai and the Democrats as well as three small political parties accused of legal violations in connection with the April 2 polling last year.
The individual judgements will then lead the whole tribunal to work out their collective verdict that will be announced by the Constitution Tribunal tomorrow.
The National Intelligence Agency (NIA) has called on people planning to attend rallies nationwide tomorrow to hear the tribunal's verdict on the dissolution cases to stay calm whatever the decision.
A psychiatrist also advised people to avoid unnecessary stress by distancing themselves from news reports about the intensifying political dispute.
NIA director Sirachai Chotiratana said his organisation had for some months been gathering information on the planned rallies by supporters of the two main parties in the dissolution cases, Thai Rak Thai and the Democrats.
"No matter what the verdict of the Constitution Tribunal turns out to be, we want [rally participants] to respect it and refrain from violence or carrying weapons to cause trouble," Mr Sirachai said.
Criticism of the verdict was acceptable.
However, people should refrain from making defamatory remarks about anyone.
Mr Sirichai said police would adopt a gentle approach if the demonstrators stayed within the law. But people who caused problems would be prosecuted on charges of disturbing public peace.
In Bangkok, people were expected to gather in front of the Constitution Tribunal offices, the parties' headquarters and at Sanam Luang, Mr Sirachai said.
In the provinces, people were expected to assemble at the branch offices of the two big parties and at public parks.
|
28th May 2007
Hat Yai _ Seven bombs rocked downtown Hat Yai late last night, injuring 13 people, one seriously, police said. The explosions were the first such attacks in Hat Yai in nearly eight months since militants detonated six bombs almost simultaneously in cafes and bars across the city, killing four people and wounding dozens more last September.
The first device was detonated at around 9.00pm and six others exploded at almost the same time, police said.
All locations targeted in the bombings were in Hat Yai city, the business centre of the southern region.
The bombs went off at a house shrine in front of Big C superstore, Lotus superstore and Ratri drugstore on Suppasan Rangsan road, the Tong Siang Tueng intersection, Pab Nai Nang restaurant on Thammanoonvithee road, an area opposite Hat Yai Garden Home hotel, and the JB hotel.
Most of the devices were hidden in motorcycles and garbage bins. However, at the JB hotel an attacker threw an explosive device into the hotel grounds.
Police tried to calm down tourists and residents in the city, who were plunged into panic. The injured, including children and a pregnant women, were rushed to nearby hospitals.
Police Region 9 commissioner Jettanakorn Napeetaphat said he had set up a task force headquarters to react to the attacks believed to have been carried out by separatists. He ordered police to set up checkpoints around Hat Yai in a bid to arrest the perpetrators.
Mobile phone signals were also jammed as a safety measure to prevent any possible detonation of further devices using cell phones. A bomb disposal team was called in to search for any hidden bombs.
The team was able to destroy one device at Lotus hypermarket before it exploded.
''This is the first time our mall was bombed. We're checking on our security cameras,'' said a Lotus administrator.
Besides the injuries, the bombs also causes damage to property, including cars.
The chairman of the Council for National Security, Sonthi Boonyaratkalin, said yesterday that the scale of the bombings indicated that the attackers only wanted to create a disturbance but not cause widespread damage and injuries.
Gen Sonthi, who is also chief of the Internal Security Operations Command, the main agency responsible for security nationwide, called on residents to help authorities keep their eyes out for suspicious activities.
Authorities said the bombing was similar to explosions last September that injured 70 people. The bombs went off around the same time and used the same tactics, they said.
Last year the first device was detonated at around 9.00pm and the other five were set off between five-minute intervals.
The places hit last year were Big C, the Lee Gardens Hotel on Sanehanusorn road, the Monkey Pub on Thammanoonvithee road, the Odean Shopping Mall on Niphat Uthit road, in a cinema toilet near the Diana department store on Sripoovanart road and the sixth one also on Thammanoonvithee road.
Hat Yai international airport was also hit by explosions on April 3 last year.
The two major political parties are giving different arguments in defending themselves against the threat of dissolution.
Thai Rak Thai has warned the Constitution Tribunal of the adverse impact on the nation, while the Democrats ask that it adhere to the facts.
In the run-up to the tribunal's ruling on Wednesday on the future of both parties, as well as three small ones, on accusations of harming democracy in connection with the April 2 elections last year, Pongthep Thepkanchana, acting Thai Rak Thai deputy leader and party defence chief, is confident of Thai Rak Thai's defence before the tribunal.
Thai Rak Thai was accused of hiring small parties to run in the election so that its own candidates could avoid the requirement to gain at least 20% of the vote to win House seats. The requirement applied to sole candidates as opposition parties did not join the polls.
Democrat secretary-general Suthep Thaugsuban had presented still photographs captured from security cameras to back his claim that Thai Rak Thai executive and former defence minister Thammarak Isarangkura na Ayudhaya had met three representatives of small parties to hire them to stand.
However, Thai Rak Thai had motion pictures of surveillance cameras to insist that Gen Thammarak did not in fact meet them. One representative told the tribunal that he had tried to meet Gen Thammarak but failed, Mr Pongthep said.
Even if Thai Rak Thai was found guilty as accused, the tribunal should consider whether the party should really be dissolved.
Thai Rak Thai had tried to convince the tribunal that parties are important to democracy. No countries agreed easily with the dissolution of a party and no Thai party had ever been dissolved for jeopardising democracy as stipulated in Articles 66 and 67 of the 1997 constitution, Mr Pongthep said.
Thai Rak Thai has also expressed doubts about the independence of the tribunal. No constitutional clause guaranteed the tribunal could work independently and was free of influence from other parties, he said.
The tribunal could not cite Articles 66 and 67 of the 1997 constitution to axe Thai Rak Thai because the Sept 19 coup-makers had abrogated the charter, he said.
Democrat executive Sathit Wongnongtoey said his party questioned the attorney-general's abrupt move to file four charges against it after Thai Rak Thai had been accused.
Former Thai Rak Thai leader and former prime minister Thaksin Shinawatra had met the attorney-general one day before the Democrats faced the lawsuit and a directive could have been issued then.
On one charge, Democrat leader Abhisit Vejjajiva and secretary-general Suthep were alleged to have accused Mr Thaksin of undermining democracy through influencing independent organisations and the media, and causing social division and corruption. The coup-makers later cited those factors as their reasons for the coup, Mr Sathit said.
On the second charge, Mr Sathit was accused of hiring a candidate of a small party to run in Trang province.
He said Thai Rak Thai lacked any eyewitness.
On the third charge, Thaikorn Polsuwan allegedly acted on behalf of Mr Suthep to hire a small-party member to frame Thai Rak Thai. Mr Sathit said Thai Rak Thai had presented an edited CD which did not contain any accusations.
On the fourth charge, Democrat Thavorn Senniam was accused of masterminding a riot to block candidate applications in Songkhla province. Local election staff had confirmed that no riot took place, said Mr Sathit.
Society's poorest people affected by state policies and projects will be powerless to protect their livelihoods and natural resources under the current draft charter, leading scholars have warned.
If promulgated in its present form, the draft constitution will create a political system that would provide no room for grassroots people to negotiate with those in power, Prof Nidhi Eowseewong told about 1,000 Assembly of the Poor members holding a rally near the Education Ministry on Ratchadamnoen road.
Mr Nidhi, former senator Jon Ungpakorn, and a group of academics from the Midnight University, a Chiang Mai-based online academic forum, yesterday visited the protesting villagers to offer them moral support.
The draft charter puts too much power in the hands of bureaucrats, which poses a danger to the public as state officials would continue to ignore the plight of the poor, Mr Nidhi said.
''We have to reject this draft charter at the national referendum and push for the reinstatement of the 1997 constitution, which at least provides the people with some power to fight the government's unsound policies,'' he said.
''The 1997 constitution was not perfect, but at least it originated from a democratic process.
''It is not possible for a country to get a good constitution from a coup d'etat,'' he said.
The villagers should reject the new charter if they wanted to keep what little power they had to oppose government policies and development projects that negatively affect their lives, he said.
The protesters, most of them elderly people, began their rally last Wednesday, demanding the interim government solve their problems.
Formed in 1995, the Assembly of the Poor is a network of people affected by state policies and projects, such as dam construction, eviction of forest dwellers and industrial development.
The group renewed their protest last week after Prime Minister Surayud Chulanont went back on a promise to order the Electricity Generating Authority of Thailand to open the Pak Moon dam's sluice gates in Ubon Ratchathani.
Under the 2004 cabinet resolution, the dam gates must be opened at the beginning of May, when the fish migration season starts.
The Assembly of the Poor's protest has received scant attention from the government and the public, who are more concerned about the upcoming Constitution Tribunal's verdict on the electoral fraud cases which could lead to the dissolution of the Democrat and Thai Rak Thai parties.
Jun Wongsiri, 76, the oldest Pak Moon villager attending the Bangkok rally, said the Surayud administration was no different from previous governments, which had always made empty promises to rural people.
He was referring to Gen Surayud's promise that he would tackle the delay of the Pak Moon dam opening within a month, when he met villagers on April 23.
Buaree Srimuang, 80, from Sa Kaeo province, said she wanted the prime minister to come and listen to the villagers' problems.
That way, he would know that the protest was not political in nature.
Mrs Buaree's farmland has been seized by the Forestry Department, which claimed that the land is within the boundaries of a national park.
She said her family had lived on the land for a long time and should be allowed to remain. |
27th May 2007
A solid majority of Thais want all political groups to call off plans to protest publicly, even if the Constitutional Tribunal orders their parties to be dissolved for political fraud, a new poll showed on Sunday.
Director Noppadol Kannikar of the Abac Poll said a nationwide survey covering 3,554 people wound up on Saturday, and found that 74.9 per cent oppose any rally if political parties are dissolved. Respondents said demonstrations could lead to chaos and cause the country's economy to deteriorate further.
In fact, only 12.8 per cent favoured public protests, on the basis that there is nothing wrong for people to hold demonstrations in a democratic country.
The Tribunal is scheduled to hand down its verdict on Wednesday. Lawsuits have demanded that it dissolve five political parties over electoral fraud during the April, 2006 general election. The election was later annulled, and Thailand has remained in continuing political stress and uncertainty.
Among the affected political movements are the nation's biggest, the Thai Rak Thai Party, founded by ousted premier Thaksin Shinawatra, and the Democrat Party, Thailand's oldest.
Similar pluralities were represented by responses to three similar questions: 80.3 per cent of respondents said the public should respect the decision of the Constitutional Tribunal; 74.8 per cent hoped that Thais would uphold unity, and 72.9 per cent agreed everyone should "respect the social order."
Mr Noppadol said the poll indicated the overall atmosphere in Thailand has improved. Well over half of all respondents said they believed the Surayud Chulanont government was working for the benefit of the country rather than for its cronies. (TNA) |
26th May 2007
Former prime ministers and veteran politicians have issued unprecedented calls for political groups in conflict to pay heed to His Majesty the King's concerns over Wednesday's party dissolution verdicts.
National Legislative Assembly (NLA) president Meechai Ruchupan said the King's speech to Supreme Administrative Court judges on Thursday showed he has been worried about the well-being of his subjects, even though he could not directly speak out.
Mr Meechai made his statement during a public forum on Friday, organised jointly by the NLA, King Prajadhipok's Institute, Chulalongkorn University and Thammasat University at the UN headquarters.
The King on Thursday voiced concern over the Constitution Tribunal's verdicts in electoral fraud cases involving the Democrats, Thai Rak Thai and three lesser-known parties, which may result in their dissolution, saying the court verdicts will have a great impact on the country's political situation.
Mr Meechai said the speech showed political conflicts also affected His Majesty.
"So any groups intending to cause political turmoil should take into account the feelings of the King," he said.
Mr Meechai said the Thai monarch in the constitution is not only a symbolic leader. All the constitutions in the past entrusted the monarch with the royal authority to veto the legislature's decision and to make recommendations to the cabinet upon its request.
His Majesty has maintained political neutrality in accordance with these constitutions, Mr Meechai said.
He pointed out that the "neutral role" could sometimes frustrate the King as he could not express his political opinions.
Former prime minister Anand Panyarachun said the King has an extra authority beyond that which was stated in the constitutions. The authority derives from the public trust he has earned through several decades of hard work and virtue.
He recalled Black May in 1992 when the confrontation between the Suchinda Kraprayoon government and anti-government protesters led by Maj-Gen Chamlong Srimuang escalated. Without judging any party, His Majesty told both of them if they continued their confrontation, the real losers would be the people, Mr Anand recalled.
Following an audience with the King, Gen Suchinda resigned as prime minister, he said.
"Over the past eight to nine months, if one person had had the spirit to resign from the premier's post, no coup d'etat would have taken place," he added.
Unofficial translation of HM the King’s speech given to Supreme Administrative Court judges on Thursday evening and broadcast nationwide:
Thank you for presenting me with the gown of the administrative judge, which means that you have given me additional trouble, again. This is because an administrative judge has the power to rule only on administrative matters. And, the 1996 (1997) Constitution, which you have referred me to, did make the administrative courts, among others, to be the highest court, a ranking previously accorded to the Supreme Court.
The urgent matter at hand, and in the next few days, may not have anything to do with the administrative court. This is about the Constitution Court, whose decision has bearing on political parties. You are not supposed to talk about this matter because it is not under your direct responsibility. However, political parties also involve administrative matters. You all may not have the authority nor do I, to speak about some political parties which may continue to exist or not exist later. I mentioned that I will be in trouble because the gown given to me does not give me the authority to speak, the same as you.
Nevertheless, any decision that concerns the status of political parties must be considered as very important. You will also be in trouble, because political parties must exist. And if we say political parties must exist, you are in trouble because you have no decision (no power) on that matter. And if you are in trouble, then so am I. You are here because you are senior judges with many years of experience. You have the responsibility to decide, but not on the podium. You have to decide, for yourself, whether the constitutional judges make the right decision.
You have the duty to criticise, whether their decision is right or wrong. I also have no right to say what they decide is right or wrong, but only in my mind I shall have that answer. If they make the wrong decision, whether to disband or not to disband the concerned political parties, there will still be trouble.
I have my own judgment, but I cannot tell you because I do not have the right (to give my opinion). You also do not have that (legal) right. But you must have an answer in your mind whether the Constitutional Court’s decision is right or wrong. Whatever they decide will lead to trouble or damage, not only to you but me as well.
You must criticise in your mind whether the decision by the constitutional judges is right or wrong. You cannot do it officially, but privately. You will probably listen to the radio of the proceedings for a full two days and nights. You must think about how to protect your fellow judges. Meanwhile, remember that even the Supreme Court has no authority to say anything on this matter.
You must interpret what I say. Any judge must make the correct ruling. Otherwise the country will be in trouble.
The last time there was an issue, when I spoke at Hua Hin about a year ago, you took on the responsibility for what had happened and that responsibility caused people to make “noises” and there were even more issues. These issues have cause and effects. In the next few days we will all be very busy. You must be well prepared and be ready to make some comments, not as judges but in a private capacity or (perhaps) as experts. This is in order to prevent the country from sinking like in the past. Then someone may return (to power) and say later that we did nothing and did not try to solve the problem. That’s why we almost sank and will continue to sink.
So, you have the responsibility to prevent the country from further sinking or deteriorating by educating those people with some knowledge to have greater knowledge. And (you should) educate people without any knowledge, so they have some knowledge of the direction the political situation is headed.
You can do it. You can speak. You can think for yourselves because you have the knowledge. Therefore, I ask all of you to help improve the situation. Right now, the situation does not look good at all. When one listens to politicians speaking on the radio, they give their reasons, but sometimes those reasons are not correct. We… I say “we” because you have given me the gown. Then I am like another judge who has the responsibility to educate people about their duties, about the duties of civil servants or of judges, to enable the country to escape hardships. I would like to thank everybody who will help the country survive this crisis.
I would like to wish you all to have the ability to make good judgment, on behalf of all judges — administrative judges and all other judges. You will help to educate the public who may not be knowledgeable in legal matters. Every Thai citizen should be concerned about the country and not wish the country to sink any further. Thank you every (each) one for your determination to perform your duty. I give you moral support to perform your duty with courage, honesty and integrity so, in the end, the people can live happily.
In performing your duty, be mindful of your safety and be straightforward in what you do. I believe you are all determined to work for the sake of the nation. I wish you all to have good health and courage to carry out your tasks and thank you again for performing your responsibility as administrative judges. You will advise others to perform their duties to the best of their ability, especially all the judges. Finally, I wish you good health and spirit to successfully perform your duty for the happiness of the country and its people. |
25th May 2007
Both the Thai Rak Thai and Democrat parties have issued assurances that they would not protest the Constitutional Tribunal's verdict on Wednesday, and promised to avoid creating chaos, after worries were expressed by His Majesty the King.
The two leading political parties on Friday said they would respect the verdict of the Tribunal next week, even if it leads to their dissolution and the banning of their leaders from politics.
"We want to follow His Majesty the King's guidance," said Thai Rak Thai acting-leader Chaturon Chaisaeng, who added the party of former Thai prime minister Thaksin Shinawatra would follow peaceful measures and avoid creating chaos.
Former Democrat leader Chuan Leekpai delivered a similar message. "No matter if the political parties agree or disagree with the court's verdict we will accept it," said Chuan.
King Bhumibol, in an audience granted to Supreme Administrative Court judges Thursday at Chitralada Palace, expressed his concerns about the pending May 30 Constitution Tribunal ruling on whether the Thai Rak Thai and Democrat parties committed electoral fraud in the April 2, 2006, election.
If found guilty the two parties face dissolution and the barring of their top executives from politics for the next five years. It is possible that only the Thai Rak Thai will be found guilty.
"It will be a highly important decision, which will cause you (judges) troubles no matter what," Bhumibol told the judges. "There will be trouble whether political parties remain or not, because political parties need to exist."
The Thai Rak Thai (Thais Love Thais) Party was founded by former premier Thaksin Shinawatra, a billionaire businessman who was ousted by a military coup on September 19 on charges of corruption and dividing the nation. The party claims more than 14 million members.
The Democrats, TRT's arch political rival, is Thailand's oldest political party which marked its 60th anniversary last year. It claims about 4 million members.
A decision by the Constitutional Tribunal to dissolve the parties or ban their executives from politics is expected to exacerbate Thailand's already volatile political scene.
If the parties are dissolved they may mobilize their followers to make street protests, promoting the military to further curtail political liberties or even stage a counter coup.
On the other hand, if the tribunal exonerates the parties, Thailand's military establishment will be left feeling vulnerable to revenge by the elected politicians they overthrew last year.
"There will be trouble and damage whatever ruling is made," said King Bhumibol. He asked the judges, "Please keep on trying to improve the country's situation, which is not good at all this year."
The tribunal's decision comes at a time when the country is hotly debating the merits of a newly drafted constitution - Thailand's 18th since it opted for a constitutional democracy in 1932.
The new charter, written up by a committee appointed by the military, has been criticized for its bias against political parties and for strengthening the bureaucracy and military.
The constitution must be approved by a referendum before Thailand can hold a general election, scheduled some time in December 2007.
King Bhumibol, who celebrated his 60th year on the throne last year and this year turns 80, has no executive powers under Thailand's constitutional monarchy but he has exerted considerable moral force over the direction of Thai politics over the past three decades by proffering his opinion on the state of affairs and hinting at possible solutions. |
24th May 2007
New York-based Human Rights Watch says the military-backed government has undermined Thailand's free political debate with its unprecedented crackdown on Internet critics.
Since the Sept 19 military coup that ousted former premier Thaksin Shinawatra, Thai authorities have launched a censorship campaign of the Internet that has blocked half a dozen websites deemed critical of the current government, said the human rights group in a statement out of New York.
"A major complaint about Thaksin was his muzzling of the media and willingness to limit free speech," said Brad Adams, Asia director at Human Rights Watch. "The military-backed government promised a quick return to democracy, but it's now attacking freedom of expression and political pluralism in ways that Thaksin never dared."
Censorship of the Internet is now being carried out by the Ministry of Information and Communications Technology (MICT) and the Royal Thai Police, in collaboration with the Communications Authority of Thailand (CAT) and the Telecommunication Authority (TOT), which provide Thailand's international internet gateways.
Since the coup, the government has blocked at least five websites on charges of threatening national security, disrupting public order, or being obscene, including the September 19 Network (www.19sep.net and www.19sep.org), the pro-Thaksin PTV television (www.ptvthai.com), the online broadcast of Saturday Voice (www.saturdaylive.org and saturdayvoice.no-ip.info) and the online broadcast of FM 87.75 Taxi Community Radio (www.shinawatradio.com).
While these websites can still be accessed from abroad, local internet surfers in Thailand will get an "Access Denied" message, and the MICT's logo saying that access to such websites has been blocked due to "inappropriate content."
"The ministry has requested Google Thailand (www.google.co.th) and Google.com to block access to its cached web pages in Thailand by which blocked pages can be accessed, as well as to block by keyword search," added HRW.
The group did not mention Thailand's recent blockage of Google's YouTube.com website after it aired clips that ridiculed Thai King Bhumibol Adulyadej, the country's revered monarch who turns 80 this year.
The site was blocked under the country's lese majeste law that makes any criticism of the royal family a crime.
It also did not mention the more recent blocking of the entire Blogspot.com site by some Internet providers acting on the MICT's "request".
Thailand, under the current government, has also passed a law to criminalise the generation, possession, storage, dissemination of and access to prohibited information on the Internet and a Bill on Computer-Related Offenses that empowers the MICT minister to intercept and seize computer data, and seek court warrants to block the dissemination of information on the Internet if such information is considered as a threat to national security.
The two laws, which have yet to be passed, include stiff penalties such as a maximum of five-years imprisonment and fines up to 100,000 baht ($2,700).
"Freedom of expression, including offering opinions on the Internet, is an essential basis of any functioning democracy," said Adams. "Blocking critical websites resembles the behaviour of China and Vietnam. Is this the company that Thailand's leaders want to keep?"
Authorities fear chaos will erupt next Wednesday, when the verdicts in the party dissolution cases are handed down. With the prime minister scheduled to be out of the country, the military would control the situation.
The government is ready to declare an emergency decree in Bangkok, anticipating feared chaos. Defence Minister Boonrawd Somtas said the government has closely examined the situation and concluded that disorder is likely.
Gen Boonrawd expressed confidence that the Council for National Security (CNS) could control the situation during the absence of Prime Minister Surayud Chulanont, who is scheduled to visit China from May 28 to 31.
If there are any untoward incidents, Gen Surayud would immediately fly back to Thailand, he said.
He said an emergency decree would be issued if the situation warrants, but it would be the government and not the CNS that issues it.
It was the duty of police to control the groups of people which are expected to gather in Bangkok to show support for political parties which are facing the threat of dissolution.
Acting national police chief Seripisuth Temiyavej said security measures have been put in place to cope with possible violence on May 29, when individual judges will issue their opinions, and on May 30, when the Constitution Tribunal will issue its formal verdict.
He said police, soldiers and the city administration were joining forces to deal with any incidents during this period.
He urged people to stay at home, as the rulings would be broadcast on radio and television.
Metropolitan police chief Adisorn Nonsee said he did not expect any clashes between opposing sides as the Constitution Court and surrounding area could accommodate only 3,000 to 4,000 people at a time.
He did threaten action against mahouts if they brought their elephants to the city to join the protests, as has been rumoured.
Both the mahouts and their elephants would be arrested, he said.
Pol Lt-Gen Adisorn said five or six companies of police would be dispatched to the venues where demonstrators were expected to gather. All police leave had been cancelled during this period.
CNS chief Sonthi Boonyaratkalin yesterday met local leaders in Nakhon Ratchasima province, in what was seen as a bid to prevent demonstrators from travelling to Bangkok next week.
Speaking to more than 800 village heads and kamnans, Gen Sonthi urged local leaders and residents to unite, to join hands with the military and state agencies to protect the country.
He said he was not worried about reports that northeastern people may join anti-military rallies in Bangkok, saying over 70% of the country's soldiers hailed from the Northeast.
Sophon Supapong, a member of the National Legislative Assembly, urged the government to take legal action against people involved in corruption and vested interests.
He also called for the abrogation of legislation that promotes corruption _ such as the State Enterprises Corporatisation Act, which provides the framework for the conversion of state enterprise assets into capital _ and for more timely action to deal with the southern unrest.
Mr Sophon said the government had not made much progress in these areas in the eight months that it had been in power
Academics have chosen green as the colour of their campaign calling on the public to reject the draft constitution, which they believe goes against the spirit of political reform. Almost 80 academics from across the country, except those from the South, have joined the drive. They include well-known names like Nidhi Eowseewong, Charnwit Kasetsiri, Rangsun Thanapornpun, Vorasak Mahatthanobol, Suthachai Yimprasert and Somkiat Tangmano.
Naruemol Tapchumpol, of Chulalongkorn University, said members of the public would be encouraged to express their opposition to the draft charter by tying green ribbons to their vehicles, wearing green T-shirts or putting up green flags in front of their houses.
Green was also the colour of a popular campaign in support of the 1997 charter.
Calling on the public to make a political statement through the use of the colour green, the academics also proposed that the 1997 charter be brought back with two clauses added to require that a general election be held within six months, so a government could be formed.
Later, they said, the constitution should be amended to do away with its flaws.
Kasian Tejapira, a key leader from Thammasat University, said his group has decided to go ahead with the campaign as it believes the current draft charter will not be any better after being revised by the Constitution Drafting Assembly.
''We did not agree with the drafting process in the first place but wanted to give them [charter drafters] a chance. As we see it, the draft is a mess,'' he said.
According to Mr Kasian, the draft, which is being reviewed by 12 agencies, is dominated by the military and aristocrats. It seeks to reinstate power to technocrats while taking it away from the people.
Mr Kasian said the academics' proposal should create ''the broadest consensus'' and help the Council for National Security avoid violent confrontation if the draft charter is rejected in the referendum.
''It doesn't matter whether or not you like Mr Thaksin [Shinawatra] or support the coup. If you want elections and political reforms to take place, it is the best alternative,'' he said.
It has been reported that academics in the South are not taking part in the campaign as several serve on public hearing committees.
Yesterday, the Supreme Court and Supreme Administrative Court voiced disagreement with a provision that involves the judiciary in politics.
In their suggestions submitted to the Constitution Drafting Committee, the Supreme Administrative Court wanted the proposal to set up a National Crisis Council removed from the charter, while the Supreme Court asked that it be left out of any political decision-making process.
Both courts asked the charter drafters not to involve them in the selection of members of independent public agencies.
According to the Supreme Administrative Court, involving judges in such a process was deemed to be against the principle of the separation of powers.
The Supreme Administrative Court is also frustrated with a clause that allows individuals to petition the Constitution Court to rule whether or not any piece of legislation is in violation of the constitution.
The clause would change the status of the Constitution Court, which has only limited power to examine the constitutionality of legislation. If Article 208 was left unfixed in the draft charter, the Constitution Court would have even broader judicial power than the courts of justice.
The Supreme Administrative Court also disagreed with the proposed election systems for constituency and so-called party-list MPs. It is feared the system will reduce the chances of small parties contesting in the polls.
The Supreme Court, meanwhile, favoured a clause which states that the power to try politicians who are indicted for concealing wealth be vested in the Supreme Court's Political Crime Section, instead of the Constitution Court. |
23rd May 2007
The government's attempt to mend fences with the United States over the compulsory licensing of Aids and heart drugs has been fruitless. Washington has refused support for the policy, which Bangkok insists does not violate World Trade Organisation (WTO) rules.
''In conclusion, the trip has ended up being fruitless,'' Public Health Minister Mongkol na Songkhla said yesterday from Washington.
He was speaking via teleconference after concluding meetings with representatives from the Office of the United States Trade Representative (USTR) and the Commerce Department, and with some senators on Monday.
He rated his discussion with US Commerce Secretary Carlos Gutierrez as ''totally negative''. He said Mr Gutierrez pressured the Thai team in every possible way.
''It's clear he obviously represents the drug companies. There was no sign of friendship left when he started talking,'' Dr Mongkol said.
During the conversation, Mr Gutierrez said it was not the responsibility of drug companies to absorb the burden of the Thai healthcare system.
There were similar reactions when he met Connecticut Senator Joseph Lieberman and New Jersey Senator Frank Lautenberg to discuss the issue, he said.
On March 20, Mr Lieberman and four other senators, including Democrat Senator for California Dianne Feinstein, sent a letter to US Trade Representative Susan Schwab, taking issue with Thailand's issuing of compulsory licences for non-HIV/Aids related drugs.
''Recent actions by the Thai Ministry of Health demonstrate its intent to expand this compulsory licensing program to include nearly a dozen medications to treat high cholesterol and other conditions wholly unrelated to any urgent public health issue,'' the letter stated.
The pharmaceutical giants Pfizer and Roche are based in Connecticut and New Jersey, respectively.
However, on Jan 22 some members of the US House of Representatives sent Ms Schwab a letter supporting Bangkok's action on Efavirenz, an Aids drug.
Ms Schwab responded with a letter which stated the USTR respects the Thai government's ability to issue compulsory licences under its own laws and obligations under the WTO, and that it had previously indicated to the Thai government that it would be ''appropriate'' to respond to requests for discussions from stakeholders.
Dr Mongkol and senior executives from the Public Health, Commerce and Foreign Affairs ministries travelled to the US for meetings on May 21 and 22 to explain Thailand's policy on compulsory licences for the import and production of generic versions of Aids drugs Efavirenz and Kaletra and heart drug Plavix.
The trip came after US lobbyists said the Thai decision jeopardised American medical innovations.
US-based drug makers Merck and Abbott are the patent holders of Efavirenz and Kaletra, respectively.
Dr Mongkol has spearheaded a policy to give wider access to life-saving medicines for people who cannot afford expensive drugs. He says it is allowed by the WTO's Agreement on Trade Related Aspects of Intellectual Property Rights (Trips). However, he has upset transnational pharmaceutical firms holding the patents for the original drugs.
Unlike meetings with Mr Gutierrez and the senators, talks with deputy US Trade Representative John Veroneau were ''a bit positive''.
The US official understood the motive for issuing compulsory licences, saying it was ''very reasonable'', according to Vichai Chokewiwat, chairman of the Government Pharmaceutical Organisation Board, who accompanied Dr Mongkol to the US.
California Senator Henry Waxman was also supportive of Thailand's actions.
''Thailand is an important US ally that is trying to save the lives of its citizens. More than 500,000 people in Thailand are living with HIV/Aids. And while Thailand's HIV/Aids treatment initiative has been recognised as among the most successful in the world, the high price of medicine has created a significant obstacle to the expansion and sustainability of the Thai programme,'' Mr Waxman said in a written statement.
''Accordingly, the US should show compassion and provide support to our longtime friend rather than impose punitive actions such as the USTR's recent announcement that Thailand has been put on the agency's Priority Watch List.''
However, the senator for California did not say if he would take any further action in support of Thailand on the issue.
Dr Vichai said the government was not deterred by the US reaction and would go ahead with compulsory licensing. |
22nd May 2007
Leading members of Thai Rak Thai and the Democrats should be spared punishment if the Constitution Tribunal votes to disband their parties next Wednesday, election commissioner Sodsri Sattayatham said yesterday. Her comment drew mixed reaction from legal experts.
Ms Sodsri said executive members of the two parties should not be stripped of their political rights by the May 30 verdict, whichever way it went.
In its 27th announcement after the coup, the Council for Democratic Reform, which was later renamed the Council for National Security, decreed that executive members of a dissolved party would be banned from politics for five years.
The punishment is harsher than the penalty under the 1997 constitution, which only forbids them from being on the executive of another party for five years.
Ms Sodsri, also a charter writer and a former Supreme Court judge, felt the announcement should have no retroactive effect as it was issued after the parties had already been indicted.
She said if the tribunal decides to dissolve the parties, it needs to explain how much the dissolution verdict would affect the executives.
Thai Rak Thai was accused of bankrolling little-known parties to contest last year's April 2 general election, while the Democrats were accused of making false allegations against their arch-rival.
The argument continues over whether the announcement has a retroactive effect or not.
Somkid Lertpaithoon, secretary of the Constitution Drafting Committee, admitted that legal experts were divided on the issue with some arguing that laws, with the exception of criminal laws, have a retroactive effect. They said laws governing political parties are retroactive, citing a past ruling by the Supreme Court, Mr Somkid said.
However, Mr Somkid said the tribunal is different from the Supreme Court and it does not necessarily use the Supreme Court's past verdicts as a benchmark.
The tribunal must be clear in every step of the legal proceedings and must be able to provide a legally sound explanation for its judgments, he said.
Seree Suwannapanon, deputy chairman of the Constitution Drafting Assembly, supported calls for party executives to be banned from politics if their parties are dissolved. There is no point in disbanding the parties if their executive members are permitted to continue to engage in political activities, he said.
It is likely they would set up a new party and use the same name or change the party name slightly, Mr Seree said.
Prinya Thewanaruemitkul, a law lecturer at Thammasat University, said if the parties are dissolved by the tribunal, their executives who had nothing to do with electoral fraud should not be punished for crimes they had not committed. Only those who are convicted of violating election law deserve punishment, he said.
''The country needs to adhere to democratic principles. It is inappropriate to cite security as a reason for infringing on the rights of people who are not guilty,'' Mr Prinya said.
In order to cope with the problem effectively, the academic proposed that another requirement for election candidates be added to the draft charter.
He said election candidates should not have been executive members of dissolved parties for at least five years.
Komsan Photikong, a law scholar at Sukhothai Thammathirat Open University, said the tribunal should consider the extent of the problems those parties and their executive members had created.
He said Article 66 of the Political Party Act is too lenient, because it was initiated and written by politicians.
Mr Komsan called for harsher punishment to be meted out to violators. |
21st May 2007
Thousands of people protested peacefully in Bangkok on Sunday against the Council for National Security, and called for early elections, organisers and the police said.
The demonstrators, who were rallying against a coup last September, gathered at Sanam Luang plaza in the early evening before peacefully marching to the Democracy Monument several kilometres across the city.
No one was arrested and there was no violence.
"The demonstration is to show that we do not agree with coup and to kick out the junta," said one of the rally's organisers, Nattawut Saikuar, who is a supporter of ousted premier Thaksin Shinawatra.
He urged the junta to hold elections as early as possible. The military-installed government has promised polls for the end of the year.
Many of the protesters denounced the government crackdown on the country's 3,000 community radio stations after ousted premier Thaksin Shinawatra called three Bangkok stations last week.
Nattawut said 5,000 people joined the demonstration, but police estimated the figure at about 3,000.
The protest movement has started to create an odd coalition of allies, with some pro-democracy groups, which last year demonstrated against Thaksin, now joining forces with his allies in demonstrating against the junta.
Academics predict the new electoral system proposed in the draft constitution would bring about a weak, multi-party coalition government, as opposed to the strong governments that formed under the abrogated 1997 charter. Suchit Bunbongkan, of the Constitution Drafting Assembly (CDA), said charter writers had aimed at a constitution which would make the next government less strong and easy to keep in check.
With this purpose in mind, they had come up with a system of multi-member constituencies. This was far different from the single-member constituency and the one-person, one-vote system under the 1997 constitution.
Mr Suchit, speaking at a seminar on the draft constitution yesterday, said the idea of multi-member constituencies was to prevent a single political party from winning an absolute majority of House seats, as the Thaksin government did.
However, he believed this would not close the loopholes altogether.
Big parties such as Thai Rak Thai would still manage, somehow, to make a broad sweep of seats in the House, Mr Suchit said.
Thai Rak Thai had shown it was good at finding ways to create and popularise its leader.
''It is very likely that several political parties would emerge and a coalition government would follow as a result after the next general election.
''The head of government would be the key factor,'' Mr Suchit said.
He also favoured the election of senators over their appointment, reasoning that senators should be regarded as the people's representatives.
Higher qualifications should also be introduced for senate candidates.
He suggested senators not be allowed to select members of independent agencies or to remove political-office holders from office.
Nanthawat Borommanant, a law lecturer at Chulalongkorn University, said the new constitution was drafted in response to the problems that had accumulated during the Thaksin government.
However, he did not think some provisions of the draft could deal with the problems effectively.
He cited a section that bars a prime minister from staying in office for more than two consecutive terms. A strong leader could still put a ''nominee'' prime minister in office, he said.
Prinya Thewanaruemitkul, a law lecturer at Thammasat University, said the draft failed to address problems regarding democratic principles, or to offer a way out of the crisis facing the country.
He proposed the CDA drop the draft and instead revive and modify the previous 1997 constitution.
Meanwhile, an Abac opinion poll has found many people are worried about the political situation and some are not confident a general election will be held in December as the government has planned.
The survey of 4,525 people in 24 provinces including Bangkok found that 79% of respondents were worried about the political situation. More than 73% said they were bored with politics while another 48% said politics caused them stress.
Some 15% said they had conflicts with their friends when they discussed political issues.
Also 96% said they wanted peace and harmony restored in the country sooner rather than later.
Over 58% of respondents wanted the government to stay in office until its term expires at the end of the year, while less than 15% disagreed.
And 31% were not confident the election would be held in December, but 39% believed it would.
Prime Minister Surayud Chulanont has again given an assurance the polls will be scheduled sometime in the middle of December, or even sooner.
About 60% of respondents believed relations between Gen Surayud and Council for National Security chairman Sonthi Boonyaratkalin were still good, but 22% thought they had turned sour. |
20th May 2007
Thailand is re-entering a period of political crisis, Abac Poll director Noppadol Kannikar warned Sunday.
He said the interim government and the Council for National Security should urgently attend to improving the economy and address the concerns widely stated by all sectors of society.
In a rare extended analysis, the head of the respected Assumption University warned both the CNS and Prime Minister Surayud Chulanont that time is running out and that the public perceives the country as being in deep crisis.
Mr Noppadol said no positive factor was seen in the country now and the people's patience and good-will was wearing thin in regard to those in power.
The interim government was installed by the CNS after it carried out a widely welcomed coup d'etat overthrowing the elected government of then prime minister Thaksin Shinawatra last September 19.
The government and the military council should urgently implement improvements in Thailand's sluggish economy, resolve their differences and carry out the work desired by people, and create a better understanding with the groups or factions that formerly supported them.
Solving the problems would require both the government and the CNS to eradicate corruption among politicians and state officials help the people to earn more money to cope with rising inflation, and improving the community environment.
His remarks were based on results of a survey conducted by ABAC among 4,525 people nationwide between May 10-19.
According to the ABAC survey, 42.9 per cent of the respondents agreed that the country's economy was deteriorating and 37.7 per cent said the economy remained as bad as before.
Over two-thirds of respondents – 67 per cent – said their income and spending were at low level. (TNA)
Prime Minister Surayud Chulanont expressed confidence yesterday that the country's political situation was stable enough not to permit another coup as feared. He made the statement during his appearance on the ''Poed Ban Phitsanulok'' talk show which was broadcast on Channel 11 and Radio Thailand yesterday, saying that there is no reason to justify another coup.
''A coup is unlikely to be successful under the prevailing conditions,'' he said, adding he was ready to step down if asked by the Council for National Security, the coup-makers.
He also downplayed fears that the political situation may turn violent at the end of the month, as the Constitution Tribunal was scheduled to hand down its rulings in the party dissolution cases brought against the Thai Rak Thai and Democrat parties, who were accused of electoral fraud.
Thai Rak Thai was accused of bankrolling little-known parties to contest last year's general election while the Democrats were accused of making false allegations against its arch-rival.
Speculation is rife that members and supporters of the former ruling party plan to take to the streets if Thai Rak Thai is disbanded.
In addition, the investigation of the Assets Scrutiny Committee into corruption cases filed against Thaksin Shinawatra and his cronies were close to conclusion. Among them are the Ratchada land deal in which the ASC is seeking criminal charges against Mr Thaksin and his wife, Khunying Potjaman. The case is pending the Office of the Attorney-General's consideration.
According to Gen Surayud, some sectors are certainly going to be unhappy if the Constitution Tribunal's verdict goes against the TRT, but the situation was unlikely to deteriorate to the point that it would get out of hand.
''If we do not accept what is considered final and absolute, our country would be seen as lawless,'' he said.
The tribunal's ruling would also reflect political ethics and morality of politician, he said.
In case of a guilty verdict, executives of political parties on the receiving end would also be banned from engaging in political activities for five years.
Gen Surayud has received no report about Mr Thaksin's planned return to the country on May 29, a day before the ruling.
The prime minister maintained that he had stuck to the reconciliatory approach and heeded the rule of law all along.
He denied speculation that he had made a secret deal with Mr Thaksin, who is living in exile in London.
The prime minister has been under criticism recently for being slow or too soft in dealing with the deposed leader by allowing him too much room to politically manouvre abroad and discredit the government.
Many were convinced with the theory of a secret deal when the cabinet decided against issuing a cabinet resolution ordering state officials to give cooperation to the ASC who were looking into alleged irregularities in state projects. The cabinet's resolution to extend the ASC's term until the end of the government's term drew boos from those who believed the ASC would not be able to wrap up all its corruption probes by then.
''I can assure you that no such deal exists with Mr Thaksin,'' he said.
The prime minister also took a swipe at the media for playing up unsubstantiated reports, calling on them to use better journalist judgement. ''Reports can be cooked up. If you feel there is no ground in certain reports, please do not use them. I don't think they have shored up sales that much,'' he said. |
19th May 2007
From June 1, air passengers flying out of Thailand will be prohibited from carrying liquids, with the exception of baby milk and medications, exceeding 100 millilitres on board their planes. According to Thai Airways International president Apinan Sumanaseni, the Aviation Department is imposing the ban in line with the directive of the International Civil Aviation Organisation.
The ban covers all kinds of containers, including water, beverage, cream, lotion, oil, perfume, hair gel, spray, bath gel, foam, toothpaste and deodorant.
Containers of lesser capacities are allowed but must be placed in transparent and re-sealable plastic bags.
Exempted from the ban are milk and liquid foods for infants and liquid medicines with proper prescriptions.
Airports of Thailand board member Chirmsak Pinthong said passengers who buy liquid products from airport duty-free shops would be issued special seals and certificates to be introduced soon.
Democrat party leader Abhisit Vejjajiva yesterday said moves for the dissolution of the party for alleged electoral fraud were being driven by an attempt by certain individuals to oust him from his seat as party leader. He, however, urged the unnamed individuals to direct their attacks against him, rather than the whole party.
''Attack me or Mr Suthep [Thaugsuban] if we're the reasons that would lead to the party being dissolved, but don't do anything against the party if it is found not to have done anything wrong,'' Mr Abhisit said in an interview with the Bangkok Post.
''A political party is greater than individuals,'' he said.
Mr Suthep is the party secretary-general and is accused of having intimidated a representative of a smaller party to make false accusations against the Thai Rak Thai party during the April 2006 elections, which were later annulled.
Mr Abhisit referred to certain powerful figures whom he believed disapproved of his leadership after he took over from the party leadership from Chuan Leekpai.
He challenged anyone who wanted to unseat him as party leader to come to him rather than seek to use the electoral fraud trial being considered by the Constitution Tribunal.
''Meet me and tell me in person to resign. But don't try to have the party dissolved by making it the victim of misconduct,'' he said.
A verdict is due on May 30 in the Democrat party case, as well as other cases including those against Thai Rak Thai.
Thai society needs to mature politically, Mr Abhisit said, or Thai democracy will return to square one.
The Democrat party, along with Thai Rak Thai, has been accused of hiring little-known parties to contest last year's general election and discredit each other.
He said he would rather be found guilty for personal misconduct that could lead to him being banned from politics for five years than have the party punished.
''Those who have made such movements should leave the party alone,'' he said, adding that a much-talked-about trend to get rid of professional politicians could be a key factor influencing the verdict in the cases.
Such an idea would mean political principles would influence the final outcome of the case, he said. The same principle was applied when the now-defunct Constitution Court acquitted Mr Thaksin from an asset concealment allegation, a verdict not accepted by some legal experts.
But what worries the Democrat leader even more is that people with a ''hidden agenda'' want to see both parties dissolved.
The Council for National Security imposed an order after staging the coup last year to hand out severe punishments for party executives, banning them from politics for five years if their party is dissolved. Previous election laws only bar them from holding an executive position in such a case.
The rule of law must be followed in the verdicts, Mr Abhisit said, adding that facts behind each charge and proof was needed to state clearly and explicitly what misconduct each party had performed if the tribunal decides to dissolve any parties.
He said the cases were extremely complicated and could not be compared to other cases in the past which were linked to violations of political party laws.
The charges against the Democrats were related to alleged actions deemed to have violated a number of laws, he said.
''There's also a question as to whether such behaviour was conducted by the party or individuals,'' he said.
Proof of the charges were never established by the former election commissioners and the Attorney-General's Office which proceeded with the case before submitting it to the tribunal, he said.
One charge against the Democrats has been brought because of Mr Abhisit's criticism of Thaksin Shinawatra during election campaigning, he said. However, the authorities have never proven or tried to prove in court proceedings if his comments were libellous, he said. |
18th May 2007
The Constitution Drafting Committee (CDC) yesterday agreed to drop the controversial proposal to set up a national crisis council under Article 68 from the first draft of the new constitution. CDC secretary Somkid Lertpaithoon said the majority of CDC members yesterday decided to remove the second paragraph of the draft charter's stipulation, which provides for a national crisis council to be established. The council was meant to provide a way out of a political impasse in the event that all other state mechanisms failed to solve the problem.
However, Mr Somkid said the decision to remove the clause was not final and could be changed later.
CDC members will have the opportunity to ask for Article 68 to be brought back for review and included in the draft charter at a CDC meeting next Friday.
CDC member Jarun Pukditanakul endorsed the removal of the clause, saying its advantages would pale in comparison to the sheer mistrust it would likely cause.
However, charter drafter Sodsri Sattayatham, who supported the clause, said there should be a nationwide survey to gauge public views on the matter.
She said that as far as she knew, northern people wanted the national crisis council proposal to be kept intact in the draft constitution.
Earlier, Mrs Sodsri herself had submitted a motion proposing a charter provision that the chiefs of the three armed forces also be given seats on the crisis council.
This would be in addition to the prime minister, the opposition leader, the speakers of the Senate and House of Representatives, the presidents of the Supreme Court and the Supreme Administrative Court, and the heads of independent public organisations, who would be appointed to the crisis council under the first draft.
Critics and several members of the National Legislative Assembly (NLA) have given the thumbs down to the idea of setting up the council.
They felt the task of solving national problems should not be restricted to only a small group of people, who they also feared would have too much power.
Besides, they had also wondered what the appropriate definition of ''a crisis'' should be.
A wide range of articles were also brought up for discussion by the charter drafters yesterday.
In light of the opposition to the selection of senators, Praphan Naikowit, a drafter, proposed that senators be elected and that strict requirements be set for candidates to ensure their quality.
He suggested that Senate candidates be allowed to campaign for votes on the condition that they must not have any political affiliations.
CDC members also agreed to keep in place the controversial Article 299, the final provision of the draft charter, which is seen as an attempt to grant the members of the Council for National Security immunity from prosecution.
Drafters agreed to discuss the proposal that Buddhism be declared the state religion at a joint meeting with the NLA on Tuesday.
Yesterday's decisions were reached on a tentative basis and will be discussed and modified again at their upcoming meetings. |
17th May 2007
A powerful earthquake measuring 6.1 on the Richter scale, with its epicentre in northern Laos, jolted many parts of the country yesterday, shaking buildings in downtown Bangkok and toppling spires of ancient temples in Chiang Rai.
No injuries were reported as a result of the quake which lasted about 30 seconds.
Tremors were also felt in Hanoi in Vietnam, but there were no reports of any major damage or injuries there or in Laos around the epicentre of the quake.
Many buildings in Bangkok and other affected provinces shook although no visible structural damage was reported.
Apichai Chvajarernpun, chief of the Mineral Resources Department, said the widespread tremors could be felt from Chiang Rai to Bangkok as the source of the quake was 10 km below ground, which is considered shallow.
The department detected the earthquake at 3.56pm. It was centred in northern Laos, only 95km from Chiang Rai. A 6.1 magnitude quake is usually capable of damaging buildings.
In Chiang Rai's Muang district, panic-stricken patients from the three-storey Prachanukroh hospital were assisted as they rushed to evacuate the building.
Trembling glass windows in other areas caused people to flee their hotels.
The most intense tremors were felt in Chiang Saen district, some 30km from the epicentre of the quake where cement and bricks fell from the 1,000 year-old Wat Prathat Chedi Luang.
A one-foot golden spire on top of Wat Phra That Jomkitti snapped and fell while the lotus-shaped tip of Wat Pasak also broke off.
''This could be the biggest quake ever experienced in the North,'' said Smith Dharmasarojana, chairman of the National Disaster Warning Administration Committee.
Other northern provinces, such as Chiang Mai and Phayao, also felt tremors of differing intensities. In Phayao's Phu Sang sub-district, a villager said his house was ''swaying like a hammock''.
In Bangkok, employees in buildings in Klong Toey and on Silom, Sathorn, and Phetchaburi roads were seen pouring out onto the streets following the quake.
Earthquakes are rarely felt to any great degree in the capital, so yesterday's tremors caused concern among many residents.
Arunee Achakulwisut, a company employee on the 18th floor of the Ocean Tower in Asoke, said it was a frightening experience.
''I was tossed from side to side while typing on my computer,'' she said
Chutamas Suthipanyo, of the Foreign Correspondents' Club of Thailand working on the 20th floor of the Maneeya Building on Phloenchit road, said staff in her office were panicked by the tremors.
Other provinces affected by the quake include Sukhothai, Phitsanulok, Kamphaeng Phet, Tak and Udon Thani.
Pennung Warnitchai, a project leader of the National Earthquake Mitigation Programme, said tall buildings in Bangkok are at risk because soil in the capital is very soft, which worsens the effects of the vibrations.
The military junta and the Public Relations Department on Thursday inspected the Confidante community radio station hours after ousted premier Thaksin Shinawatra called to talk to listeners on-air. The station then went silent.
Council for National Security chairman Sonthi Boonyaratkalin said that he assigned the Internal Security Operations Command (Isoc) to find more information on the radio station and report to the CNS.
In the broadcast, which was repeated by the Confidante station just before it went off the air, Mr Thaksin called for an early election, and said people would not tolerate any delays in the election, points he has made in previous interviews overseas.
Bavorn Techa-in, chief of the National Broadcasting Commission which is under the government's PRD, said he was assigned to inspect the station, which is in the northern Bangkok suburbs in Nonthaburi province.
Mr Bavorn said the station had been set up unlawfully. He denied, however, that there was any order to shut down the station.
Mr Bavorn may have been economical with the truth. Other media reports quoted the chief of the PRD as saying he had issued an order to close down the radio station.
Either way, Confidante radio stops airing its program on Thursday afternoon. One report quoted staff as telling the PRD inspectors that broadcasting equipment was broken, and they had to send it out for repairs on Thursday morning.
The inspectors seized a tape recording of the 15-minute call and talk by Mr Thaksin, who phoned the station from London late on Wednesday.
Mr Thaksin called the low-powered community radio station, which can be heard in many parts of Bangkok.
Announcer Chupong Theethuan told the AFP news agency he was "shocked and speechless" when he realised the person on the other line was the ex-premier.
It was the first time Mr Thaksin had spoken to any Thai media since the Sept 19 coup. Mr Thaksin said he believed people would not tolerate any delays in the election.
He told the Council for National Security and the government that they need not worry about him, but instead should use their time to solve problems of the country.
He thanked his supporters and gave them encouragement to go through the problems they faced.
The content of the broadcast was not especially newsworthy. Mr Thaksin said much the same thing in interviews with the foreign media earlier this year.
The ousted premier mentioned buying Manchester City league but refused to give details. He only said it will benefit Thailand if he purchased the Premier League team, without clarifying how. |
16th May 2007
The Bank of Thailand says the ex-premier has not made any request to transfer the 7.34 billion baht he will need if he is serious about buying the Manchester City Football Club.
Under Thai law, the central bank must approve any money transfer exceeding 50 million dollars to overseas. But a senior official said the bank had not received any such request from Mr Thaksin or his family.
Mr Thaksin could bypass the central bank procedure if he had accounts abroad, the official said.
Mr Thaksin, an avid football fan, has made a 108 million pound (7.34 billion baht; $215 million) offer to buy the Premiership club, according to British newspaper The Sun. There have been persistent reports Mr Thaksin intends to buy the Premier League side.
The former prime minister has remained in self-exile since the military overthrew his government in September last year. He is currently in London.
According to official documents released after the September coup, Thaksin was worth $339 million.
But that figure did not include almost $2 billion earned from the family stock sale of Shin Corp to Temasek Holdings of Singapore. Public anger over the fact that no taxes were paid on that sale helped lead to his ouster.
Thaksin's lawyer Noppadon Pattama on Wednesday remained mum on the reported bid to buy Manchester City.
In 2004, Thaksin led a Thai consortium that tried to purchase a 30 per cent stake in Liverpool. The team was eventually sold to American owners. |
15th May 2007
The Assets Scrutiny Committee (ASC) yesterday agreed to proceed with corruption and criminal charges against deposed prime minister Thaksin Shinawatra and his wife, Khunying Potjaman, and to hand the case over to the Office of the Attorney-General (OAG) for prosecution.
The charges relate to the 772-million-baht purchase of land on Ratchadaphisek road from the Financial Institutions Development Fund in 2003.
The ASC has handled 13 corruption allegations against the Thaksin administration since it was appointed by the coup makers last year.
This is the first time it has managed to lay a case for the prosecution of the ousted prime minister before the attorney-general.
It could pave the way for Mr Thaksin to return to the country to fight the charges in court, pending a decision by the Council for National Security (CNS).
Khunying Potjaman, her stepbrother and her secretary already face a tax evasion charge over the transfer of Shin Corp shares.
The ASC ruled that Mr Thaksin and his wife broke the National Counter Corruption Act in buying the 33 rai of land in a prime area on Ratchadaphisek road.
It was put up for auction by the Bank of Thailand's Financial Institutions Development Fund (FIDF) in late 2003.
ASC spokesman Sak Korsaengruang said the act bars state officials and their spouses from entering into contracts with state agencies which they have authority to oversee and regulate.
The ASC rejected a written defence of the couple submitted by their lawyers.
The ASC ruled that a prime minister oversees the FIDF, based on testimony from former prime ministers and FIDF officials and on the way that Mr Thaksin exercised his power during his tenure, said Mr Sak.
The land purchase by Khunying Potjaman with Mr Thaksin's written consent was a conflict of interest and therefore violated the anti-graft act, he added.
"The fact that the [then] prime minister wrote a letter of consent for his spouse to enter into the deal on Dec 30, 2003 was a major factor that helped secure the deal," Mr Sak said.
The couple's action also violated the Criminal Code, which bars state officials from entering into contracts with conflicts of interest with state agencies. That meant they could also be liable to punishment for malfeasance and collusion, he said.
The prosecutors will examine the evidence and take the case to the Supreme Court's political crime division as soon as possible, Mr Sak said.
If found guilty, Mr Thaksin and his wife will be liable to imprisonment of up to 10 years, plus minor fines.
The panel also ruled that the land in question must be returned to the FIDF, and the 772 million baht paid to the FIDF should be seized, said the spokesman. The court would make the final decision on these two matters.
The Department of Special Investigation and the National Counter Corruption Commission will be ordered to find out whether there was wrongdoing on the part of FIDF officials.
Noppadon Pattama, the Shinawatra family's legal adviser, said once the court accepts the case, the deposed prime minister wants to return and fight the charges.
Mr Noppadol called on the CNS to give Mr Thaksin the green light to return. "Please give him a chance to fight this case. Thai law has no power to incarcerate Mr Thaksin and the CNS should consider this carefully," said Mr Noppadon.
Kaewsan Atipho, head of the ASC's sub-panel on Suvarnabhumi airport's Rail Link project, said yesterday his team had wrapped up the investigation and would propose that criminal charges be lodged against those suspected of irregularities.
They accused former transport minister Suriya Jungrungreangkit and former State Railway of Thailand governor Chitsanti Dhanasobhon of dereliction of duty.
Legal action has also been recommended against Boonchai Jittikuldilok, a consultant for the project, SRT deputy chief Yutthana Thapcharoen, and SRT chief legal official Surang Srimeesap.
Mr Kaewsan said politicians, SRT executives and private companies had conspired to award the contract to a consortium comprising Sino-Thai Engineering and Construction, B Grimm and Siemens.
They tampered with specifications, such as doing away with a clause which authorised the SRT to seek information about the source of loans for the project. |
14th May 2007
Charter drafter Sodsri Sattayatham yesterday appealed for better understanding from her opponents and those casting doubt on her push to give seats on the proposed National Crisis Council to military and police leaders. Her fight for the inclusion of the military and police generals in Article 68 is one of the most hotly debated issues surrounding the draft constitution.
Another controversy is Article 299. The last article in the draft constitution, which grants an amnesty to the Sept 19 coup makers, drew harsh criticism from legal experts yesterday.
Ms Sodsri said in an interview with the Bangkok Post that the role of the armed forces should not be simply ignored in Thai democracy.
Bringing them on to the council would yield more benefits than leaving them out because they will be part of the decision-making process in finding solutions to future crises, she added.
But she stressed that politics will not be the only factor causing national crises in the future.
There will be situations which laws and rules cannot be used to resolve, including problems over public faith and beliefs, she said.
Ms Sodsri pointed to the insurgency in the far South as another example which could turn into a crisis without political involvement.
Her bid has faced fierce resistance from many politicians, and even some charter drafters who want to limit the role of the armed forces.
Under the draft charter, the proposed National Crisis Council would bring together 11 key figures, including the prime minister and leaders of the legislative bodies, courts and independent panels to find solutions to national crises. But Ms Sodsri has pushed for the inclusion of four more seats from the four forces.
Her campaign will be tested on Thursday when the Constitution Drafting Council (CDC) decides the fate of Article 68.
All 35 drafters on the CDC will decide whether to cut the article from the draft constitution.
If they reject it, Ms Sodsri will submit another version with a clause on the inclusion of seats for the generals.
If the CDC gives the nod to Article 68, she need only seek support from her colleagues to add a clause to the article.
Meanwhile, law experts yesterday called for Article 299 to be cut from the draft charter.
Kittisak Prokkati, a Chulalongkorn University law lecturer, said giving immunity to all actions conducted by the coup makers and their appointed bodies would be against the spirit of the charter.
He said the inclusion of the article would mean the Council for National Security (CNS) members would have ultimate power to do things by their own will and get away with it.
The CNS could even use the article to stay in power after a national referendum on the draft charter, he said.
An amnesty should normally be granted only by the National Legislative Assembly, he told a forum organised by the Thai Journalists Association and Thammasat University's law faculty.
''This article is intended to destroy the draft and people should not accept it,'' he said, adding that he will mobilise fellow law lecturers to campaign for a ''no vote'' in the referendum on the draft charter if the article is not removed.
Narongdet Sarukosit, a Chulalongkorn University law lecturer, said that as the interim constitution already stipulates that all orders of the CNS are legal and constitutional, endorsing Article 299 would provide them with legal status equal to the new constitution, which should be deemed the highest law.
Article 299 also has a hidden agenda to approve a Council for Democratic Reform order to ban political party executives from politics for five years if their parties are dissolved by the Constitution Tribunal, he said.
The Thai Rak Thai and Democrat parties could be dissolved, pending rulings to be issued late this month. |
13thMay 2007
Around 2,000 angry villagers clashed with police in a protest over a land dispute in Khiri Ratthanikhom district yesterday which culminated in 31 people being injured and 800 arrests. The incident prompted a human rights activist to demand an investigation by Prime Minister Surayud Chulanont on whether police over-reacted.
The rally broke out into violence after villagers, some with long knifes, threw fire bombs, logs, and liquor bottles at 1,000 riot police and security officers sent to force them out of the 1,732-rai palm plantation area owned by Taksin Palm (2521) company.
The protest leaders told other villagers to block a road leading to the plantation with four trucks, and had women stand in front. They placed spikes on the road to hinder the police.
The protesters led by villager Wimon Cherdchoochon, 50, have occupied the land since April 25 to pressure the government to distribute the land to landless farmers.
The group, calling itself the Land Development Farming Organisation, accused the firm of occupying more land than permitted in land documents. The documents, they said, certify only 300 rai of land for its business.
But company president Tanarak Pongpetra denied the allegation, saying the occupied land had been certified by the Land Department since 1980.
Police asked the protesters to leave but they refused. Finally, police responded by firing tear gas to disperse the crowd, which ended the protest.
Police said villagers ignored a court order on May 8 telling them to leave the area and pay more than 16 million baht in damages to the company, whose palm trees were damaged by the two-week occupation.
Twenty-one villagers and 10 police were injured, six seriously, while around 800 villagers were detained by police for interrogation.
The arrested villagers included one of six leaders, identified as Mana Kandee, 47. Other protesters, including Mr Wimon, Aree Pesawat, 38, Reung Ketkaw, 53, Maaee Lateh, 59, and Parita Lateh, 33, managed to flee the scene.
Surat Thani police chief Thesa Siriwatho said police decided to disperse the protesters following a report that more farmers from neighbouring provinces were preparing to join the occupation.
''[Cracking down on protesters] is the last resort after several rounds of negotiations yielded no result,'' said Pol Maj-Gen Thesa.
The police had to end the protest before the situation worsened, he said.
Surat Thani governor Niwat Sawatkaew believed many villagers were tricked into joining the rally. They were told that they could occupy the land if they wanted some plots for farming, he said.
Khiri Ratthanikhom police chief Saharat Saksilapachai said police had filed charges against Mr Mana and 21 other villagers, for trespassing on private land and attacking police.
Most villagers who were tricked into joining the mob were released, Pol Col Saharat said.
National Human Rights Commissioner Sunee Chaiyarose called on the prime minister to order police to withhold charges against the protesters.
NHRC probes into police crackdowns on demonstrations found that in many cases, violent action was approved by senior officers, she said.
''Although the court has ordered the protesters to get out of the company's plantation, police must not use harsh measures,'' she said. The incident should not have happened under Gen Surayud's administration, which pledged to work for reconciliation, she added. |
12th May 2007
The Government Pharmaceutical Organisation (GPO), the manufacturer of the local anti-Aids drug GPO-VIR, is considering suing USA for Innovation for publishing advertisements containing misleading details about the drug's efficacy and the country's move to override Aids drug patents through compulsory licensing. Vichai Chokewiwat, chairman of the GPO board, yesterday said he was in consultation with legal experts to prepare lawsuits against the group which lobbies for US pharmaceutical companies, in addition to the media that published the advertisement.
''We have to do something in response to such a provocative public relations campaign.
''What USA for Innovation claimed in its advertisement is not true and that damages the country,'' he said, adding that GPO-VIR's fact file, including the latest study on drug resistance, would be sent to the Foreign Affairs Ministry.
The full-page advertisement in English-language newspapers claimed that GPO-VIR was an HIV treatment copy. Citing a study by Mahidol University, it added that a high resistance rate of 39.6-58% was found among users.
Wasun Chantratita, chief of Mahidol University's virology and molecular microbiology unit, said the advert that cited his study was only half-true.
He said the study on drug resistance was conducted in 2000 _ two years before GPO-VIR even existed. It focused on three individual original drugs _ Nevirapine, Lamivudine (3Tc) and Stavudine (d4T) _ not GPO-VIR.
GPO started to produce GPO-VIR, which combines Nevirapine, Lamivudine and Stavudine, in 2002.
Sombat Tanprasertsuk, director of the Aids, Tuberculosis and Sexually-Transmitted Diseases Bureau, said a study by Siriraj Hospital in 2005 showed that the resistance rate to the anti-Aids drug after two years of usage was 14.6%. But some HIV-positive people may have experienced resistance to Nevirapine and so they have had to use the second-line drug instead.
Statistics released by the Public Health Ministry show that some 500,000 people are living with HIV/Aids. Of the total, about 100,000 depend on anti-Aids drugs.
It is expected that some 12,000 people will need the second-line drug because of GPO-VIR resistance.
Ashley Wills, a former assistant US Trade Representative (USTR) currently advising a law firm, said Thailand should cancel ''unnecessary'' compulsory licensing for the sake of good relations with the US and American investors in the long run.
Overriding drug patents with compulsory licensing has affected Thailand's reputation and the mechanism was used in the context of reduced respect for intellectual property rights, which he said is key to attracting foreign investment.
Thailand has been downgraded to the Priority Watch List not only because of compulsory licensing but because of its overall disrespect for intellectual property rights, Mr Wills added.
''I'm not concerned whether it is legal or not legal to override the medical patents but the question is whether it is smart for Thailand or not,'' he said, adding that reduced drug prices were a short-term gain with long-term costs.
He cited the potential flight of foreign investors amid intense competition worldwide and in the region.
The decision to apply compulsory licensing has increased tensions between Thailand and the US that existed since the coup in September last year, he said.
Mr Wills blamed the drug companies for not taking seriously discussions and requests by the Public Health Ministry to ''review the prices acutely and at an earlier point''.
But he criticised the Thai government for taking the step prematurely before all negotiated means had been exhausted.
''The health ministry might feel the drug firms are too aggressive and their prices are too expensive, but the perception by the American private sector is shock. We think the measure should be the last resort after an adequate and serious consultation,'' he said.
If Thailand was diluting standards as American investors feared, it would destroy the incentives they need, he said.
But if Thailand stopped applying compulsory licensing, it would be widely welcomed by the US and international community, he added. |
11th May 2007
The latest development came on Friday, just as the kerfuffle over the Internet videos appeared to be dying down and headed for a mutual resolution after YouTube.com began removing insulting videos and the government said it would reopen the site to all Thai visitors.
The Information and Communication Technology Ministry re-escalated the battle against the anti-monarchy videos on Friday, saying Thai authorities would demand YouTube.com hand over the Internet addresses of those who uploaded the clips.
The number of clips insulting the monarch has mushroomed after news spread around the world that Thailand had banned the popular site.
As of Friday night at 9 p.m. Thailand time, several of the insulting clips had disappeared from the YouTube.com site. But many others remained. All of the videos were available up until Friday afternoon Thailand time.
Now, ICT Minister Sitthichai Pookaiyaudom says authorities wanted to charge those who posted the mocking video clips with lese majeste, the crime of offending a monarch, which is punishable by up to15 years imprisonment.
"The police will ask for information from the company to file criminal charges against them," he said on Friday.
Mr Sitthichai did not say what might happen if YouTube refuses to hand over the information. A decision by YouTube or its owners to give such information to the Thai government would earn Thailand and Mr Sitthichai a firestorm of criticism across the Internet, and by civil rights groups around the world.
Even if YouTube or Google were to roll over and give the government the IP addresses, it would take more work to track down the actual people involved.
As of now, no one knows where the uploaders of the insulting videos live. IP addresses can be traced to an Internet company, which then would have to be compelled to match the Internet Protocol address to a specific user. There is little chance that a foreign court would allow such an invasion of privacy, but a Thai Internet provider would probably turn over such information in a case of insulting the monarchy.
Mr Sitthichai issued the threat to demand IP addresses two days after Google, which owns YouTube.com, informed the ministry that it would remove controversial video clips from the website. In turn, the ministry cancelled plans to try to launch a cirminal suit against Google at the Bangkok Criminal Court on Friday.
Mr Sitthichai said the ministry would unblock the YouTube website "immediately" - when all the clips were gone.
But there is great uncertainty over whether the videos will be removed. The text of the letter to Mr Sitthichai from Google vice president Kent Walker has been released, and Mr Walker said at least two of the videos cited by a Thai complaint would stay as they did not break lese majeste laws.
"They appear to be political comments that are critical of both the government and the conduct of foreigners," the letter said.
"Because they are political in nature, and not intended insults of His Majesty, we do not see a basis for blocking these videos," said the letter.
As of Friday at 4:30 p.m. Thailand time, all or most of the offensive clips were still on the YouTube.com site, according to informants able to access the website. And the government's attempt to block the site also remained in place.
The site was blocked in Thailand since early April when a clip mocking the King was posted to the website.
Data provided on YouTube claimed that the five most-seen videos that are meant to be offensive to the monarchy have been seen 137,000 times - a tiny number by YouTube standards, where popular videos routinely have more than 10 million views.
The recent advertising spoof featuring Hillary Clinton has had more than 3.5 million views, and a 100-second video of a baby laughing has been viewed more than 14.9 million times. |
10th May 2007
The government said on Thursday that the search giant has promised to remove all anti-monarchy videos from the YouTube.com website, and has decided not to press charges against the US company.
Information and Communications Technology Minister Sitthichai Pokaiyaudom said he had received an official letter from a Google vice president saying that the US company did not want to promote hostile feelings over the video clips.
Google's vice president Kent Walker wrote to Mr Sitthichai on Wednesday, officially informing the government that Google will remove the controversial Internet video clips from YouTube.
The minister said that Google's vice president Kent Walker said in the letter that the company slogan is, "Don't do evil," and he did not want Google to become a source of hostile feeling regarding the King's video clips.
The Google executive said that it would take time to find all the video clips uploaded to YouTube, but said the clips could be removed.
As of 6:30 on Thursday evening Thailand time, no videos appeared to have been taken down. Volunteers who have been tracking the videos for the Bangkok Post said all the main videos defaming His Majesty were still quickly found and ready for viewing on YouTube.com
The original video defaming the King was taken down within three days of its appearance last month, and the uploader was banned from the site. Since then, after Mr Sitthichai made a huge fuss and tried to ban Thais from accessing YouTube.com, around 20 anti-monarchy videos have been added. Many attacked Mr Sitthichai by name.
It was not immediately clear why volunteer monitors could find 11 clips within seconds, while YouTube technicians would need more time.
In any case, Mr Sitthichai also was cautious. He applauded the company's letter as a good sign.
He said he had called off plans by the ministry to file a criminal lawsuit agianst Google at the Bangkok Criminal Court on Friday. "We have called that off," he said.
But Mr Sitthichai said it would be up to the National Police Office to decide whether to drop a pending charge of lese majeste against Google, also scheduled to be given to the court on Friday.
Earlier the ICT planned to charge that YouT | |