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Updated: 14 ชั่วโมง 54 นาที ago

Labour rights advocates win Thailand’s first social security board election

Tue, 2023-12-26 13:25
Submitted on Tue, 26 Dec 2023 - 01:25 PMPrachatai

6 members of Progressive Social Security, a team of 7 labour rights advocates, have won most of the employee representatives’ seats on the Social Security Board in the country’s first-ever Social Security Board election, which had been postponed from 2015.

Members of the Progressive Social Security team at their post-election press conference. From left: Chalit Ratapana, Thanaporn Wichan, Sustarum Thammaboosadee, Lakshmi Suwanpakdee, and Thanapong Chuamuangpan. (Photo from Progressive Movement)

Thammasat University lecturer Sustarum Thammaboosadee, Textile Industrial Labour Thai Union committee member Thanapong Chuamuangpan, Workers’ Union member Chalit Ratapana, Migrant Working Group consultant Siwawong Suktawee, ThisAble.me editor and disability rights advocate Nalutporn Krairiksh, and Molnlycke Health Care Company Union President Lakshmi Suwanpakdee, who ran as part of the team, won 6 of the 7 employee representatives’ seats. Sustarum won the most votes with 71,917 votes, while the rest of the team each received over 67,000 votes.

Sustarum said at a press conference on Sunday night that he hopes the results of the Social Security Board election represent a good sign for the next election, and that fighting for democracy at the national level would be pointless if workers are still exploited.

He thanked the voters, other candidates, and Social Security Office workers, noting that employees of the Social Security Office also deserve to be treated properly as workers. He said that what it means to be a worker has changed and people have become more aware of their rights.

“These people contribute their money each month with difficulty because they want a better life, but in all this time, the Social Security Office was never able to do anything to respond to these things, so we want today, 24 December, to be the beginning of change,” he said.

Sustarum said that the team intends to follow through on their policy package, and will propose moving the Social Security Fund’s investments into businesses with good governance and which are not monopolies. Although he noted that policies on social security benefits have to be discussed with the rest of the board, the team is hoping that the people will support them in pushing for their policies, including improving the pension scheme, provident funds, and the Social Security scheme’s medical fund.

Labour rights activist Thanaporn Wichan also ran as a Progressive Social Security candidate, but was disqualified because she is unemployed. Thanaporn, a former factory worker, was dismissed by her employer in 2022. She suspected that she was fired for being a union leader and filed a lawsuit with the Labour Court, which later ordered her former employer to pay her 250,000 baht in damages for unfair termination.

Thanaporn said that she appealed the decision to disqualify her from the election on the grounds that she was unfairly dismissed, but her appeal was dismissed. She will discuss with the team whether other channels of appeal are available.

The final employee representative seat was won by Prattana Phodee, president of the Thailand Government Employee Network, who won 15,080 votes.

A polling station at the Bangkok Social Security Office Area 3 in Din Daeng district.

The Social Security Board is a 20-person committee made up of government, employer, and employee representatives.  7 employer representatives and 7 employee representatives were elected on 24 December, while 6 government representatives will be appointed from the ministries of Labour, Social Development and Human Security, Interior and Public Health, and the Budget Bureau.

The Board is responsible for proposing policies on what benefits are to be given under the Social Security Scheme, a healthcare scheme all full-time employees in Thailand can be entered into by their employers. It can also make suggestions on how to manage the Social Security Fund, now worth over 2.3 million baht.

The election was originally scheduled to take place in 2015, but was postponed on order of the NCPO junta after the May 2014 military coup. 

Every Thai citizen enrolled in the Social Security Scheme for at least 6 months and who had paid contributions for 3 consecutive months before March 2023 was eligible to vote for the employee representatives. However, they were required to register to vote online, and of the 20 million eligible voters, only 854,414 registered. Only 156,870 people, or 18.36% of those who registered, turned out to vote.

The election watch network We Watch conducted a survey of voters about the election. Participants in the survey said that they would like the Social Security Office to communicate better about the election, and to see more information about each candidate and their proposed policies. They also said that everyone enrolled in the Social Security Scheme should be eligible to vote without having to register, and that migrant workers should also be eligible to vote. There should also be more polling locations.

Participants in the survey said they were not satisfied with how the election was organized, having found the process too complicated. They expect better communication from the Social Security Office in the next election.

Meanwhile, Thanaporn noted that there was only a short period for registration, which meant that many eligible voters could not register in time. The number of polling stations in some provinces also made it difficult for voters to come to the poll, such as in Saraburi, where there was only one polling station. Some factories have already closed for the New Year holiday, she said, so most workers have gone home and did not come to vote.

Labour Minister Phiphat Ratchakitprakarn said he was disappointed by the turnout, since the Ministry of Labour was aiming for at least a 50% turnout for both employers and employees. He said that discussions are already ongoing on how to adjust the registration and voting process, as well as how to inform voters about the benefits of participating in the board elections, to increase voter turnout next time in two years.

NewsSocial SecuritySocial Security BoardSocial Security FundHealthcare schemeState welfareLabour right
Categories: Prachatai English

Protest sparked in Thung Kula Ronghai over sugar factory and biomass power plant

Fri, 2023-12-22 21:01
Submitted on Fri, 22 Dec 2023 - 09:01 PMPrachatai

The residents of Thung Kula Ronghai, an area renowned for its cultivation of Thai Fragrant rice, staged a protest to demand the removal of a sugar factory and biomass power plant from the area out of concern that the facilities will negatively impact their local environment.

On 18 December, the Hug Thung Kula people’s network in Roi Et Province gathered at the Non Sawan subdistrict municipality in Pathum Rat district to demonstrate opposition to a proposed sugar factory and biomass power plant. Some held banners with the messages “We don’t want the sugar and biomass power plants” and “Get out of our home.”

Lertsak Khamkongsak, the network’s adviser, said that the sugar manufacturing company is attempting to have their EIA approved by early next year to construct the plant before the permit expires in 2026. According to Lertsak, the company held a public hearing on the project in a private venue to manipulate votes.

He added that the sugar industry in the country has changed much since the tenure of former prime minister Gen Prayut Chan-o-cha. In the past, sugar factories were required to be at least 100 Km. apart. However, due to a legal amendment, the distance was reduced to only 50 Km. He stressed that the industry must be controlled.

He said that the sugarcane gient, Mitrphol, is a crucial player in the country’s sugarcane cultivation strategy. The company contends that the Thung Kula Ronghai area has low rice yields and should be converted into a sugarcane plantation.

It has been 5-6 years since the sugarcane factory entered the area. Although it aimed to acquire 300,000 rai of land for sugarcane cultivation, it currently possesses only 14,000. Lertsak believes that the figure indicates local resistance to the change which is likely to disrupt their traditional way of life.

Lertsak stated that the company has no sugarcane plantations in the area and needs to acquire sugarcane from elsewhere. Locals want the factory to relocate.

Kiattisak Kaewpila, a member of the network, expressed concern that the community’s forests would be destroyed by the construction of the biomass power plant. He also worries about wastewater from the factory and the PM 2.5 dust it will generate.  Both could damage rice cultivation areas.

Nupa Pila, a human rights defender with the network, said the key issue the government should prioritise is not the expansion of the sugar factories or biomass power plants but addressing the decline in rice prices. She noted that despite the global recognition of Thai fragrant rice, no government has addressed the issue of low prices.

NewsThung Kula RonghaiRoi Et
Categories: Prachatai English

Thai parliament passes marriage equality bills

Fri, 2023-12-22 21:00
Submitted on Fri, 22 Dec 2023 - 09:00 PMPrachatai

Yesterday (21 December), the Thai parliament passed the first reading of four bills proposing amendments to the marriage law to allow registration of marriage regardless of gender. If adopted, the amendments would make Thailand the first country in Southeast Asia to recognize marriage for all.

Participants in the 4 June 2023 Bangkok Pride parade carrying a large rainbow flag through the Siam shopping district. (File photo)

Colloquially known as the Marriage Equality bills, the different versions proposed by the Move Forward Party (MFP), the Cabinet, the Democrat Party, and a civil society network, will amend the sections concerning marriage and family in the Civil and Commercial Code to allow registration of marriage regardless of gender. If passed, the amendments will allow LGBTQ couples to legally register their marriage and be given the same rights and recognition as heterosexual couples.

The Cabinet, MFP, and the civil society versions of the bill were released to the public ahead of the session. All three propose to amend the Civil and Commercial Code to use “spouse” instead of “husband” and “wife” and “person” instead of “man” and “woman.” However, the civil society version also proposes to replace the terms “mother” and “father” with “parent” to make the text of the law entirely gender neutral. Other versions retain some gendered language, such as MFP’s version, which used the term “parent” as well as “mother” and “father.”

The MFP and civil society versions propose to raise the at which a person can legally marry without parental consent or court permission from 17 to 18 years old to bring it into line with international children’s rights principles. The Cabinet’s version keeps the original minimum age requirement of 17 years.

Both the MFP and the Cabinet versions propose that, after the amendments have been adopted, government agencies must amend other related legislation to allow LGBTQ couples to access welfare benefits now only given to “husband or wife.” The civil society version states that couples registering their marriage after the amendments are passed are to be considered legal spouses under existing legislations even if they use gendered terms.  

Shortly before Thursday’s parliamentary session, the Democrat Party proposed its own version of the bill. However, since it has not yet been placed on parliament’s agenda but was brought up because it is similar to the other versions, the full text has not been released to the public.

Despite objections from some Prachachart Party MPs, who objected to the amendments on religious grounds, parliament voted to 369 to 10 to pass all four bills.

A 39-person select committee will now be formed to work on the bills, before returning a combined draft to Parliament for the second and third readings. It will then be passed to the Senate for another three readings before the King signs them into law. During this time, the Prime Minister, an MP, or a Senator can ask the Constitutional Court to rule whether a bill violates the Constitution.

If a bill does not gain approval from the Senate, it will go back to Parliament for consideration. If the Senate requests amendments to the bill, Parliament will also have to vote on whether it agrees with the Senate. If Parliament disagrees with the Senate, another select committee will need to be formed to amend the bill before putting it through the parliamentary process again.

Members of the committee will be appointed from the Cabinet and political parties. Since the civil society version of the marriage equality bill also passed, at least one third of the committee must be appointed from representatives of the voters who submitted the bill, as required by  the 2019 Rules of Procedure of the House of Representatives.

Participants in the 4 June Bangkok Pride parade holding a banner campaigning for marriage equality. (File photo)

Amnesty International Researcher Chanatip Tatiyakaroonwong said last night (21 December) ahead of the parliamentary vote that the bills and the parliamentary debate on them “represent a moment of hope” for LGBTQ rights in Asia.

If the amendments are adopted, Thailand will become the third place in Asia to legalise same-sex marriage, after Taiwan and Nepal, and the first in Southeast Asia.

Chanathip called on parliament to ensure that the final version of the legislation covers the “full spectrum” of rights for LGBTQ couples and recognizes them on an equal footing with heterosexual couples.

“If legislation passes on first reading, Thailand’s Parliament should build on the momentum and prioritize the immediate adoption of this law, taking note of the celebratory reaction as a sign that the country is hungry for equality. Lawmakers in Parliament should continue to demonstrate to Thailand’s LGBTI community that they are listening and valuing their voices, wishes and perspectives.

“Guaranteeing full marriage equality in law not only sends a message to the rest of the region but to the rest of the world, at a time when countries all over the globe are changing outdated laws and building more inclusive societies,” he said.

Meanwhile, the human rights organization Fortify Rights called on the parliament to prioritize marriage equality and urgently enact the legislation.

“Parliament’s decision is a monumental step for Thailand to provide full and equal rights for LGBTI+ people,” said Mookdapa Yangyuenpradorn, Thailand Human Rights Associate at Fortify Rights.

A version of the marriage equality bill was first proposed by MFP MPs during the last parliament. It was placed on the agenda in November 2020 and faced repeated delays before passing its first reading on 15 June 2022 along with a Civil Partnership bill proposed by the Ministry of Justice and endorsed by the Cabinet and the Office of the Council of State. Both bills were then forwarded to a select committee, but were not returned to parliament in time for their second and third readings before parliament was dissolved.

Under Thai law, the Cabinet has 60 days from the opening of parliament to request parliament to reconsider any bill that lapsed after parliament was dissolved. To prevent their version of the Marriage Equality bill from being dismissed if the cabinet was not appointed in time to restore it to parliament, MPs from the Move Forward Party re-submitted their version of the bill in August 2023.

Newsmarriage equalityCivil and Commercial Codegender equalityLGBT rightsLGBTQ
Categories: Prachatai English

Court dismisses royal defamation charge against influencer over Lazada advert

Thu, 2023-12-21 19:24
Submitted on Thu, 21 Dec 2023 - 07:24 PMPrachatai

The Criminal Court today (21 December) dismissed a royal defamation charge filed against online influencer Aniwat Prathumthin, also known by the internet alias “Nara Crepe Katoei”, for video advertisements o the online shopping platform Lazada.

The videos feature Aniwat and two other online influencers, Kittikoon “Mom Dew” Thammakitirad and Thidaporn “Nurat” Chaokuwiang and were released on Aniwat’s TikTok account in May 2022 to promote a Lazada sales campaign. The first video features Thidaporn in traditional Thai dress sitting in a wheelchair with Kittikhun, also in traditional Thai dress, standing next to her as Aniwat is giving her skincare products. The second video features Thidaporn, still in traditional Thai dress and sitting in a wheelchair, while Aniwat accuses her of stealing her clothes and recommends that she buy clothes from Lazada during their 5.5. sales campaign. Thidaporn then gets up from her wheelchair in shock.

Members of ultra-royalist groups said the videos made fun of members of the royal family, thought to be Queen Sirikit, King Vajiralongkorn’s mother, and Princess Chulabhorn, the King’s youngest sister, and launched a boycott campaign against the platform. Lazada and Intersect Design Factory, the media agency in charge of producing the videos, later issued a public apology for the videos.

Srisuwan Janya, an activist known as Thailand’s “complainer-in-chief”, filed a royal defamation complaint against the three influencers and the two companies.

The Criminal Court today (21 December) ruled to dismiss charges against Aniwat on the grounds that the content of the videos does not constitute an offence under the royal defamation law, because they were produced as part of a marketing campaign and contain no “anti-monarchy symbols,” such as one that communicates the demand to amend the royal defamation law. The speech used in the videos are also normal speech, and the videos did not use the personal coat of arms of a member of the royal family, while traditional Thai dress is something anyone can wear.

The court said that while the prosecution presented evidence that the videos are an act of parody, they do not constitute defamation since the defendants were only playing a role to promote their products, although the content may be seen as inappropriate by some groups of people.

Although the charges against Aniwat were dismissed, she remains in prison as she is currently being detained for fraud.

Witness examination hearings in the trial against Thidaporn are scheduled for August – September 2024. Meanwhile, Kittikoon left Thailand in July 2023 and is seeking political asylum in Germany.

NewsRoyal defamationlese majesteSection 112Aniwat “Nara Crepe Katoey” Prathumthin
Categories: Prachatai English

Amnesty calls on Thai parliament to pass marriage equality bill

Thu, 2023-12-21 18:02
Submitted on Thu, 21 Dec 2023 - 06:02 PMAmnesty International

As the Thai parliament debates bills amending the Civil and Commercial Code to allow marriage registration regardless of gender, Amnesty International calls for the immediate adoption of this law and for the final version of the legislation to grant equal rights and legal recognition to LGBTQ couples as heterosexual couples.

Responding to the introduction of bills in Thailand’s Parliament today that aim to recognize same-sex marriage, Amnesty International Thailand Researcher Chanatip Tatiyakaroonwong said: 

“By potentially becoming the third place in Asia to legalize same-sex marriage, Thailand has the opportunity to set a bold example for LGBTI people’s rights in this region. These bills and the debates in Parliament over them represent a moment of hope for LGBTI people’s rights in Asia, even though there is still much to be done for their full protection.  

“The final version of this draft legislation must not water down calls for the full spectrum of the right to family life, including access to adoption and inheritance for LGBTI couples, as well as the legal recognition of same-sex couples as ‘spouses’ on an equal footing with different-sex couples. 

“As LGBTI activists have systematically demonstrated, efforts to broaden rights for LGBTI people don’t go nearly far enough to ensure equal rights guaranteed under international law. These bills set Thailand on a new path that could right those wrongs.

“If legislation passes on first reading, Thailand’s Parliament should build on the momentum and prioritize the immediate adoption of this law, taking note of the celebratory reaction as a sign that the country is hungry for equality. Lawmakers in Parliament should continue to demonstrate to Thailand’s LGBTI community that they are listening and valuing their voices, wishes and perspectives. 

“Guaranteeing full marriage equality in law not only sends a message to the rest of the region but to the rest of the world, at a time when countries all over the globe are changing outdated laws and building more inclusive societies.” 

Background:

On 21 December, the lower house of Thailand’s Parliament began debating a package of bills proposed by the cabinet, the opposition Move Forward Party and civil society organisations. If passed, same-sex marriage will become legal in Thailand. The bills need to go through multiple readings and stages of approval before becoming law. When that will happen remains unclear. 

Amnesty International supports comprehensive and inclusive legislation that guarantees equal rights to LGBTI people across all spheres, including in marriage, and encourages lawmakers to come to an agreement on a draft bill that is in line with international human rights standards. 

Thailand passed the Gender Equality Act in 2015 aimed at providing legal protections against gender-based discrimination, including unfair treatment of LGBTI people. However, the law still allows for the justification of discrimination against LGBTI people for religious or national security reasons. Meanwhile, there is still no legal gender recognition allowing transgender and non-binary people to legally change their title or gender on official records.  

In November 2021, Thailand’s Constitutional Court reaffirmed the status quo by ruling that laws recognizing marriage only between a man and a woman do not violate the Constitution. But it also said that Thailand’s lawmakers should draft laws to guarantee rights for gender-diverse people. 

Taiwan remains the first place in Asia to recognize same-sex marriage in 2019. This year Nepal became the second and in November local authorities registered the first same-sex marriage. 

Pick to Postmarriage equalityLGBTQLGBT rightsCivil and Commercial Code
Categories: Prachatai English

Thais in Pattani march for Palestine, call for ceasefire

Thu, 2023-12-21 14:03
Submitted on Thu, 21 Dec 2023 - 02:03 PMPrachatai

On Sunday (17 December), Just Home, a network of activists and citizens in Pattani, marched from the Pattani City Hall to the Pattani Central Mosque to call for a ceasefire in Palestine.

The march passing through Pattani city (Photo by Asmadi Beheng)

Activist Anas Pongprasert said that the network wanted to march to show their support for Palestinians and to raise awareness about the humanitarian situation in Palestine. He also said they wanted to show the international community that they do not share the Thai government’s stance on the Israel-Palestine conflict and that they find such violence unacceptable.

“The activity this time is a march to show our fellow human beings and the international community that we don’t agree with the genocide that is happening in Palestine,” he said.

Anas said that the network also wants to show support for the families of Thai workers affected by the conflict and is running a donation drive for them, and emphasized that what is happening in Palestine is a humanitarian crisis.

“If we don’t feel any empathy regarding what happened, I think that we may have to reconsider our feelings and our humanity,” he said.

Anas called on the Thai government to explain why it has been sending Thai workers into a conflict zone and to reconsider sending workers to countries where there is a threat to their lives.

A group of medical professionals as part of the Just Home network also read out a statement at the end of the march to call for a humanitarian ceasefire. The statement said that the attacks on hospitals, ambulances, and medical professionals violate international norms, and called for a permanent end to attacks on civilians in Gaza and the West Bank, and to the destruction of public roads and attacks on hospitals, schools, and refugee camps. The network also called for humanitarian aid to be allowed to enter Gaza.

NewsPalestinePattaniPataniDeep SouthGaza–Israel conflict
Categories: Prachatai English

Before the Peace Dialogue is resumed

Wed, 2023-12-20 15:33
Submitted on Wed, 20 Dec 2023 - 03:33 PMHara Shintaro

 

When Thai Prime Minister Srettha Thavisin met his Malaysian counterpart Anwar Ibrahim in November, they did not discuss the conflict in Thailand's Deep South. As the Thai government prepares for a new round of peace talks, Hara Shintaro writes that there is a need for more public participation in the peace process.

(Photo from The Thai government website)

On 27 November, the Prime Minister of Thailand, Srettha Thavisin, met his Malaysian counterpart, Anwar Ibrahim, at the Sadao border checkpoint, for discussions on bilateral border trade, border security and tourism. Strangely but not surprisingly, there were no news reports that issues related to the conflict in the southern border provinces of Thailand or Patani were discussed by the two leaders. The place of the meeting, Sadao District of Songkhla Province, borders several districts within the conflict area, but the district itself is generally not regarded as a part of it; so perhaps it was the best place to talk about trade, development and tourism without touching upon the sensitive issues of the conflict and the peace dialogue to seek a peaceful settlement for that.

Apparently the peace dialogue process has never been a priority for the current government, led by someone from the business world. However, there were some significant moves related to this issue. On the same date as the meeting, the Thai Prime Minister appointed Chatchai Bangchuad, one of the deputy secretaries-general of the National Security Council (NSC), as the new chief of the Thai peace dialogue panel. His previous involvement in the peace dialogue as the deputy to the former Thai delegation chief General Wanlop Rugsanaoh can guarantee at least a certain level of continuity. More significantly, Chatchai is the very first civilian to lead the peace dialogue panel. Before him, Thailand had four chiefs, and all were from a military background. According to the appointment letter, the new panel has six members (including the chief), and includes the Secretary-General of the Southern Border Provinces Administration Centre (SBPAC), representatives of the Ministry of Foreign Affairs, the Ministry of Justice, the NSC, and Internal Security Operations Command (ISOC) Region 4. Although the Secretary-General of SBPAC and the representative of ISOC Region 4 are soldiers, the dominance of the military in the coming dialogue panel is less conspicuous compared to the previous ones.

Prior to this development, on 11 October, the Thai Parliament agreed to set up a parliamentary select committee to support the peace process following a motion jointly submitted by the Move Forward Party, Pheu Thai Party, Prachachart Party and Bhumjaithai Party. This select committee is led by Chaturon Chaisaeng, an important veteran politician of Pheu Thai Party, and has two sub-committees: one for studying and enhancing productivity of the peace negotiation process, and the other for dealing with public participation in the peace process. Notably, in the names of the committee and sub-committees, the Thai term used for ‘peace’ is not ‘santisuk’ but ‘santiphap’. When the peace process first began in 2013, the process was named a santiphap process. This term is generally used to refer to ‘peace’. However, the junta changed the name to santisuk, which implies ‘domestic order’, ‘absence of violence’ or even ‘negative peace’. This change was prompted by the military’s obsession that a proper peace process might internationalise the conflict and its settlement. This change was in fact a desperate effort of the junta to contain the issue as a purely domestic one.[1] The restoration of the original name of ‘santipap’ for the parliamentary committee and its sub-committees might be seen as a small step forward in democratising the process.  

So far participation in the peace process has been limited to dialogue panel members, but these committees could open opportunities for various actors, such as politicians (not only MPs but also a number of ex-MPs and local politicians), academics, human rights defenders and activists. These committees also can function as a repository of information and knowledge on the peace process for the government side. On top of that, this mechanism might be able to become a gateway for the conflict issues in Patani to be discussed in Parliament. Although at this moment not much outcome can be expected, any future final peace accord must be authorised by Parliament. The very existence of this committee would be a sound preparation for a peace agreement to be translated into relevant laws.

Even though the Thai government is not yet fully prepared to launch the new round of the peace talks (for instance, the position of Secretary-General of the NSC is still vacant), preparations are going on. The new round of the peace dialogue must advance farther than the talks under the military government. Under the junta, the peace process made hardly any substantial progress. Although both sides agreed on three substantive issues (reduction of violence, public consultation and political solutions), only the first issue was discussed. Nonetheless, it remains unclear whether the new round of talks can make any tangible progress or not.

The appointment of a civilian as the head of the dialogue panel is certainly a positive change. However, the tasks and decision-making power allocated to the chief of the dialogue team are still highly limited. This is in contrast with the BRN counterpart. Anas Abdulrahman, BRN’s chief negotiator, told the author that he was given a full mandate from the party’s (BRN) leaders to make decisions related to the issues on the table.[2] This lack of authority on the Thai side is among the main reasons for its reluctance to sign any agreement document. This, in turn, has caused a high level of dissatisfaction on the BRN’s side. Unless more decision-making power is allocated to the Thai dialogue panel, not much progress can be expected from the new round of talks.

The term used for the first of the three substantive issues, reduction of violence, is also problematic. It is too ambiguous to be a topic of serious discussion. For instance, if the number of violent incidents in the conflict area declines by, say, 20 percent, is this what is meant by reduction of violence? One of the BRN’s dialogue panel members informed the author that the armed group was ready for a more concrete and formal type of reduction of violence, such as a ceasefire or cessation of hostilities.[3] The Thai side has always avoided these terms for fear of upgrading the peace process. However, talking about such an obscure notion as reduction of violence is merely wasting precious time. It should be formalised in a tangible arrangement, even if it entails signing agreement documents.

For the new round in the peace process, public consultation will be a significant indicator of progress. Political solutions to the conflict that will highly likely involve structural changes in administration seem out of the reach of the current government. It will take at least several more years to achieve an agreement of any meaningful quality that can bring about positive peace in the region. Public consultation is a form of public participation and can make the process more inclusive and accordingly more stable. Inputs from local people in the conflict area are crucial to come up with holistic, sustainable solutions. At this moment, most of the local people in this area, either Muslims or Buddhists, still feel that the peace process is something always going over their heads. The creation of a sense of ownership is another challenge to be tackled in the new round of talks.

Thawee Sodsong, leader of the Prachachart Party and former Secretary-General of the SBPAC, is currently in the position of Minister of Justice. He was also involved in the first round of the peace dialogue together with the then Secretary-General of the NSC, Paradorn Pattanathabutr. This is a good opportunity for him to demonstrate strong engagement in the peace dialogue by providing legal immunity to BRN members in conducting public consultations when both sides reach some agreement.

In order to enhance public participation, inclusivity and a sense of ownership, the roles played by the facilitator are crucial. So far, there have been three facilitators, but none of them has ever communicated sufficiently with the local population in the conflict area. As a consequence, at least some sections of the local population believe that instead of acting as an honest broker, Malaysian facilitators have served national interests. Moreover, those BRN members close to the dialogue panel told the author that the facilitator still continues to pressure them. An ex-combatant in Malaysia said “Malaysia does not facilitate the dialogue. It’s always trying to direct the course of the dialogue.” If the United Nations Guidance for Effective Mediation is used as a norm, there are several aspects which Malaysia should improve in order to handle this complicated process successfully.  

BRN, as a dialogue partner of the Thai government, should demonstrate its serious engagement in political struggle. Although the current situation is not yet conducive to discard the use of violence altogether, the organisation should make continuous efforts to shifts its emphasis more toward political struggle. In this matter, communication is one of the keys. BRN must reduce its reliance on unilateral communication. In addition, communications from BRN are still in the nature of responses to current issues. More regular and interactive communication channels will bring far more benefit to the organisation than unilateral messages.

At this point we still do not know exactly when the peace dialogue is to resume. Although political solutions are still far away, the new civilian government should present discernible differences from the previous military government. The process should not always remain stuck around talks on reduction of violence. As long as all parties involved in the process engage seriously, at least some meaningful exchanges on public consultation are not impossible.   

 

[1] For further explanations on these terms, see “From santiphap to santisuk: What Mahathir’s visit to Thailand indicates” by Hara Shintaro. Published on 16 November 2018 via Prachatai English. https://prachatai.com/english/node/7841

[2] Anas Abdulrahman, the head of the BRN dialogue panel, May 2023, Kelantan, Malaysia.

[3] A BRN peace dialogue panel member, November 2023, Terengganu, Malaysia.

OpinionDeep SouthPataniPatani peace process
Categories: Prachatai English

Charges against 19 anti-Prayut protesters dropped

Sat, 2023-12-16 13:40
Submitted on Sat, 16 Dec 2023 - 01:40 PMPrachatai

Cover photo: Thai Voice

Charges against 19 participants in an anti-Prayut protest on 30 September 2021 have been dropped due to a lack of evidence proving that the protest caused a disturbance to the public or the spread of COVID-19.

On 14 December, the Nonthaburi Kwaeng Court dismissed all charges against 19 participants in the 30 September 2021 protest, seeking the removal of the then-prime minister Prayut Chan-o-cha, according to Thai Lawyers for Human Rights.

On 30 September 2021, the former PM made an official visit to flood victims in Nonthaburi Province while anti-Prayut protesters gathered in different parts of the province, calling for his removal. Prayut later had to change his schedule as a result.

2 protesters were reportedly arrested on the same day at the Nonthaburi and Pak Kret piers. The police subsequently issued summonses for a total of 21 protesters, including a minor and Worawan Sae-aung.

20 were indicted on 3 charges: (1) joining an illegal gathering of more than 10 people and using force for the purpose of intimidation and causing a disturbance to the public, under Section 215 of the Criminal Code; (2) failing to disperse when ordered to by the police, under Section 216 of the Criminal Code; and (3) violating the Emergency Decree by organizing a gathering that posed a risk of COVID-19 transmission.  One defendant pleaded guilty and their case was separated from the others.

The court ruled that the Emergency Decree only authorizes the prohibition of gatherings in restricted areas and does not authorize the prohibition of gatherings on the grounds that they may pose a risk of disease transmission. In addition, no clear evidence showed how the gathering posed such a risk.

The protesters were alleged to have used a sound amplifier and tried to approach the former PM by using force and throwing water at police officers. The court said that under the constitution they have the right and freedom to express dissatisfaction with the PM’s work. The evidence presented to the court also was not sufficient to show how they caused a disturbance.

To be convicted under Section 216, they had first to be proven guilty of committing an offence under Section 215. As a result, this charge was automatically dismissed.

NewsEmergency DecreeGen Prayut Chan-o-cha
Categories: Prachatai English

Thailand’s road to net zero:  is it possible to go 15 years faster?

Fri, 2023-12-15 14:06
Submitted on Fri, 15 Dec 2023 - 02:06 PMKannikar Petchkaew

Thailand is planning to achieve net zero emissions by 2065, 15 years later than its neighbours in the lower Mekong region. The country is seeking funding for climate response, and although its delegate at COP28 said Thailand is expecting some financial assistance from the Loss and Damage Fund, it will need other sources since the amount of grants given by the Fund is likely to be limited.

Attendees entering a meeting room during the UN Climate Change Conference COP28 at Expo City Dubai on 12 December 2023, in Dubai, United Arab Emirates. (Photo by COP28 / Christopher Pike)

When a global thirst collides with a finite pool of resources, demand far exceeds supply. Developing countries are embarking on a tough journey as they go on a quest for financial support to increase climate resilience and achieve net zero.

A Thai delegate to the COP28 climate summit views the challenges the country may meet in re-establishing its net zero goal in face of the high world demand for “green money”.  

Most nations, including all of Thailand’s neighbours in the lower Mekong region, have committed to achieving net-zero emissions by 2050. Thailand, however, has set the clock for 15 years later.

"We will arrive [at net zero] no later than 2065 under our current conditions. The aim might be re-evaluated and reset based on our accomplishments, and based on what we have accomplished thus far, a reset is not inconceivable," says Phirun Saiyasitpanich, a leading member of the country’s negotiation team at COP28.

Phirun has been part of the country’s negotiations on climate change issues for over 10 years and is now the Director-General of the newly founded Department of Climate Change and Environment.

A UN expert group on climate finance estimated that emerging economies and developing countries will need to spend around US$2.4 trillion a year by 2030 to cap emissions and adapt to climate change.

According to the Thailand Development Research Institute (TDRI), a Thai think tank, the country saw 146 abnormal weather events costing US$7.7 billion between 2000 and 2019.

“Up to eighteen times more finance is needed for adaptation to meet the current needs of developing countries,” said UN Secretary-General António Guterres in his remarks at the G77+China Leaders’ Summit at COP28 on 2 December 2023

It will be tough to avoid additional debt for a country whose public debt already exceeds 62% of GDP, and which has just issued a US$12.5 billion “sustainability” bond, with plans to raise another US$2 billion next year.

Vietnam, another lower Mekong country, has just committed itself to spending US$15.8 billion, 98% of which comes in the form of loans, under the Just Energy Transition Partnership funding instrument launched in COP26. Phirun says the Thai squad will be cautious.

The advantages of climate adaptation should be carefully weighed against the cost for future generations, he says.

"We are working on grants and will restrict our access to loans. We don't say no, but we try to keep them to a minimum." 

Financial entities are pledging money for climate finance, but many of the pledges remain unmet, most likely due to the increased financial strain on wealthier nations as a result of Covid-19 and other issues. Guterres also noted in his remarks that “under thirty percent of developed countries’ public climate finance is in the form of grants.”

According to the UN’s 2023 Emissions Gap Report, China, the United States of America, India, the European Union and the Russian Federation, dubbed “the top five emitters,” were responsible for approximately 60 % of greenhouse gas emissions in 2021. The G-20, a forum of the world's largest economies, are responsible for roughly 76 % of global greenhouse gas emissions, while 46 least developed countries (LDCs) – home to about 1.1 billion people, accounted for 1.1%.

Thailand has been arguing the need for financial assistance as a country vulnerable to climate change through the G77+China, a group of 135 developing nations. Meanwhile, at COP28, how to determine vulnerability and eligibility has yet to be decided.

The Global Climate Risk Index developed by a German NGO ranked Thailand in the 20 out of 180 countries that suffered most from extreme weather events between 2000 and 2019.   

According to Phirun, the pledges to the long-awaited and much-anticipated Loss and Damage Fund amounting to a little more than US$700 million, are far from enough, especially for adaptation funding, which may cost anywhere from US$300 million to a billion for each project. The estimated need for Loss and Damage funding, according to the NGO UUSC, is US$400 billion per year.

“After COP28, there will be a lot of desk work on proposals to be submitted to all sources possible,” Phirun said.

Several developing nations have raised concerns that the World Bank’s designation as the host and trustee for the Fund will make it more difficult to access the money they need. However, Phirun is not concerned, as the World Bank has said that it will leave the fund distribution to the Board of Fund, which is expected to meet in January 2024. He expects that the new Board, which is to be co-chaired by developed and developing countries and with members from both groups, will adopt a new approach to climate funding and make it more accessible, affordable, and timely for the needs of affected nations.

Thailand is expecting to receive some financial assistance from the Loss and Damage Fund. Nevertheless, Phirun noted that, since the Fund is designed to be in the form of pure grants, the amount of funding will be limited.

“Because no countries could afford [to give] the grant under this economic circumstance, so Thailand will need to find other climate finance sources, like the Green Climate Fund and the Adaptation Fund. We ask all climate finance institutes for a blended fund, with grants and loans, and with considerable interest rates,” he said.

Thailand has received a €39 million grant from the Green Climate Fund  to collaborate with rice producers across 21 provinces to produce sustainable, low-emission rice. It is the second phase for the project that has already trained 15,000 farmers in 6 provinces over the past 5 years.

Phirun agrees that it may be quite hard not to take out loans. However, with the world clamouring for climate finance reform and with the  COP28 UAE Declaration on a Global Climate Finance Framework, which vows to make the funding system available and accessible to all, it is likely that Thailand will be able to obtain a cheap and quick loan. The country is also ready to change to meet global climate funding obligations.

“Only that we will not commit to anything we cannot do,” said Phirun.

This article is part of the media series "COP28 and Thailand". by Prachatai English, published parallel to the COP28 between 30 November-12 December 2023.

Read part 1: Where is Thailand in the boiling world?

Read part 2: What is on the table?

Read part 3: Time for another money game

The series was produced as part of the 2023 Climate Change Media Partnership, a journalism fellowship organized by Internews' Earth Journalism Network and the Stanley Center for Peace and Security.

NewsCOP28Climate ChangeClimate crisisClimate responseLoss and Damage FundPhirun SaiyasitpanichNet Zero
Categories: Prachatai English

Court dismisses sexual assault charge against former Democrat deputy leader

Fri, 2023-12-15 12:48
Submitted on Fri, 15 Dec 2023 - 12:48 PMPrachatai

The Criminal Court has dismissed a sexual assault charge against Prinn Panitchpakdi, former deputy leader of the Democrat Party, citing a statute of limitations as well as the fact that he agreed with the alleged victim’s request to drop her off at a train station near her apartment.

Prinn Panitchpakdi

Prinn was charged with committing an indecent act on a minor and transporting a minor away from her parents or guardians for allegedly sexually assaulting a 17-year-old intern at his company.

According to Matichon Online, the girl said that, while interning for Prinn, she was given a desk in front of his office and was repeatedly called in for chats in which he would hold her hand and put his arm around her shoulders. At the time, she believed that he was simply being affectionate. However, following an office party, Prinn offered to take her back to her condominium in his personal van, which had a curtain between the driver and passengers as well as dark film on the windows. She alleged that, while in the van, he held her hand, touched her arm and thighs, and pulled up her skirt. She said she resisted and ask to be dropped off at a nearby BTS sky train station. Prinn agreed but told her not to tell anyone about what happened. She was afraid to speak about the incident and did not tell anyone, but said she decided to end her internship.

In May 2022, after learning from media reports that several other women had accused Prinn of sexually assaulting them, she told her mother about what happened and decided to press charges.

Under the Thai Criminal Code, committing an “indecent act” on a minor older than fifteen years old by using threats and violence, or by acting when the minor is unable to resist, carries a prison sentence of up to 10 years and a fine of up to 200,000 baht.

Transporting a minor between 15 and 18 years of age away from their parents or guardians in order to sexually assault them carries a prison sentence of 3 – 15 years and a fine of 60,000 – 300,000 baht when the minor does not consent to go with the accused. If the minor does consent, the prison sentence is 2 – 10 years and the fine is between 40,000 – 200,000 baht.

On Thursday (14 December), the Criminal Court dismissed charges against Prinn. It ruled that, because the van did not deviate from the route between the company and the girl’s apartment and because he dropped her off at the BTS station as she requested, he was not guilty of taking a minor away from her parents.

Under Thai laws, committing an “indecent act” in a private place to a minor older than 15 years old who is not a relative, family member, student, or dependent is not a public offense, and a victim can choose to drop a complaint if a settlement is reached. However, the law requires a complaint to be filed within three months if a victim wishes to pursue legal action.

The Court ruled that, because the alleged assault took place inside a van and not in public or in a place where another person can see it happen, it is not a public offense. It ruled to dismiss the charge on the grounds that, because the girl did not file a complaint within three months after she was assaulted, the statute of limitations have already lapsed.

Prinn has previously been found guilty of sexual assault in two cases. In August 2023, he was sentenced to 2 years and 8 months in prison for sexually assaulting an 18-year-old university student who he asked to join him at a restaurant claiming he wanted to give her guidance on her career and navigating the stock market. In September 2023, he was sentenced to 2 years for sexually assaulting a girl under the age of 15. The sentences are to be served consecutively. He is now released on bail pending appeal.

 

NewsPrinn PanitchpakdiSexual assaultsexual violence
Categories: Prachatai English

Former protest leader jailed for royal defamation

Thu, 2023-12-14 16:19
Submitted on Thu, 14 Dec 2023 - 04:19 PMPrachatai

Former pro-democracy activist and protest leader Shinawat Chankrajang has been sentenced to 3 years in prison on a royal defamation charge over a speech he gave at a protest in December 2020. He has been detained at the Bangkok Remand Prison as his family was immediately unable to post bail for him.

Shinawat Chankrajang (right)

Shinawat was charged with royal defamation and sedition for a speech given during a 2 December 2020 protest about monarchy reform. He said in his speech that people should be free to discuss the monarchy and added that the monarchy should be reformed first before a state welfare system can be implemented.

The protest took place after the Constitutional Court ruled that then-Prime Minister Gen Prayut Chan-o-cha could continue staying in army housing after retirement. 6 other activists were also charged for participating in the same protest: Anon Nampa, Parit Chiwarak, Panupong Jadnok, Panusaya Sithijirawattanakul, Jiratita Thammarak, and Karit Arampiboonkit.

The 7 defendants were also charged with participating in an assembly of more than 10 people and causing a breach of peace, not disbanding when ordered to do so by an official, organising an unauthorised public assembly, blocking a public road, using a sound amplifier without permission, and violating disease prevention measures under the Emergency Decree and the Communicable Diseases Act.

Because Shinawat confessed, the public prosecutor decided to indict the other activists in a separate case. Thai Lawyers for Human Rights (TLHR) said yesterday (13 December) that he was found guilty on all charges, sentenced to 6 years in prison, and fined 11,000 baht. His prison sentence was reduced to 3 years because he confessed.

Shinawat’s family filed for bail but were unable to bring a land title deed to court to use in place of a cash security before it closed for the day. He is now detained at the Bangkok Remand Prison, bringing the number of people detained pending trial or appeal on a royal defamation charge to 16.

NewsShinawat ChankrajangSection 112Royal defamationlese majeste
Categories: Prachatai English

Verdict against Move Forward MP "appalling violation of free expression," says HRW

Thu, 2023-12-14 14:13
Submitted on Thu, 14 Dec 2023 - 02:13 PMHuman Rights Watch

The conviction of Move Forward Party MP Rukchanok Srinork for royal defamation charge was a violation of freedom of expression and sends a message to opposition party members to keep silent, says Human Rights Watch, who call for such use of the justice system to silence opposition lawmakers to be taken in account by countries being asked to consider Thailand’s candidacy for the UN Human Rights Council.

Rachanok Srinork at court yesterday (13 December)
(Photo by Chanakarn Laosarakham)

A Thai criminal court sentenced an opposition member of parliament to six years in prison under Thailand’s laws prohibiting “insulting the monarchy,” Human Rights Watch said today. 29-year-old Rukchanok “Ice” Srinork of the Move Forward Party was convicted on December 13, 2023, for committing lese majeste (royal defamation) and violating the Computer-Related Crimes Act.

The charges against Rukchanok violated her rights to freedom of expression protected under international human rights law. One concerned a post to the social media platform X, formerly Twitter, that discussed a pharmaceutical company linked to the monarch that was involved in manufacturing Covid-19 vaccines. The second was a retweet of a historical anti-monarchy comment. The Thai authorities should immediately quash the verdict.

“The prosecution of an opposition member of parliament for two tweets is not only an appalling violation of free expression, but sends a chilling message to other outspoken opposition party members to keep silent,” said Elaine Pearson, Asia director at Human Rights Watch. “The Thai authorities should quash this sentence, and cease prosecuting other cases under the lese majeste law.”

Hours after being sentenced, Rukchanok requested bail, which the court granted on the basis of 500,000 Thai baht (US$14,000) bond and the condition that she not reoffend while she appeals the sentence.

Since the 2020-2021 pro-democracy demonstrations, the right to freedom of expression has increasingly come under attack in Thailand. Tens of thousands of protesters took to the streets in Bangkok and other cities to call for political reform, a new constitution, respect for civil and political liberties, and the reform of the monarchy. The government of then Prime Minister Gen. Prayut Chan-ocha violently cracked down on democracy protests, arresting hundreds of people over several months.

Thai Lawyers for Human Rights reports since early 2020, at least 1,925 people in Thailand have faced prosecution for exercising their rights to freedom of expression. More than 200 people, including many young student activists, have been charged under penal code article 112 (lese majeste), which criminalizes criticism of the monarchy with sentences of up to 15 years per charge.

The Thai government has also widely used the Computer-Crimes Act as a tool to suppress critical speech online, and prosecute critics of the government or monarchy across the country. The language in the law is broad and wide reaching, allowing authorities to prosecute almost any form of online speech that displeases them. Despite the risks of speaking out, many democracy activists have continued to publicly press for reforms.

As of September, the government was holding at least 23 activists in pretrial detention for participating in democracy rallies or committing acts that authorities view as insulting to the royal family. Some of those detained include prominent student activists, politicians, young children, and an older person who was jailed for 43 years for breaking royal defamation laws.

The Thai government recently announced a campaign to seek a seat on the United Nations Human Rights Council for the 2025-2027 term, and pledged to take steps to improve its human rights record.

“The authorities’ case against Rukchanok was politically motivated and should never have been brought in the first place,” Pearson said. “The reckless use of the criminal justice system to go after opposition party lawmakers should be taken into account by countries being asked to consider Thailand’s candidacy for the UN Human Rights Council.”

Pick to PostHuman Right Watch (HRW)Rukchanok SrinorkSection 112Royal defamationlese majeste
Categories: Prachatai English

Move Forward MP sentenced to 6 years in prison for royal defamation on social media

Wed, 2023-12-13 23:31
Submitted on Wed, 13 Dec 2023 - 11:31 PMPrachatai

Cover Photo: Chanakarn Laosarakham

Move Forward Party (MFP) MP Rukchanok Srinork has been sentenced to 6 years in prison on a royal defamation charge over two tweets about a COVID-19 vaccine monopoly and the monarchy in 2021. The court later granted her bail to appeal.

On 13 December, the court delivered its scheduled verdict in the case of MFP MP Rukchanok Srinork, also known as Ice, a former activist, who was charged under the royal defamation law and the Computer-Related Crime.

Rukchanok was accompanied by MFP chief advisor Pita Limjaroenrat and party leader Chaithawat Tulathon.

Rukchanok was found guilty under the royal defamation law and the Computer-Related Crime Act, which constituted multiple offences for a single act. The court sentenced her to 6 years in prison without suspension.

Thai Lawyers for Human Rights (TLHR) reported that Rukchanok was later granted provisional bail on the same day with 500,000 baht as security, divided into 300,000 baht in cash and 200,000 baht from the MP status of Chaithawat. The bail was granted on the condition that she must not engage or participate in any activities similar to the charges in the indictment.

As a result, she will not lose her seat in parliament and can continue to perform her parliamentary duties as an MP.

Rukchanok faced two charges over the tweets in July and October 2021. The complaint was filed by Manirat Laowaloet with the Technology Crime Suppression Division, requesting legal action against Rukchanok, who was then a member of the Clubhouse for Democracy.

According to TLHR, Rukchanok's first message criticized the government’s decision to allow a licence to only one company to produce the AstraZeneca COVID-19 vaccine, which caused a vaccine shortage affecting the lives of people. She also attached her picture standing next to the image of King Vajiralongkorn and holding a banner that read “Tyrant (noun); Ruler of the country who uses their power to cause suffering to those under their rule.”

In the second message, Rukchanok reposted a message from a Twitter (now X) account expressing dissatisfaction towards the King, which stated that “the people will not be free until the feudalist (sakdina) group has been eliminated.”

She denied all charges and was indicted on 23 March 2022. At the time, Rukchanok was granted bail with 100,000 baht as security.

Rukchanok is a newly-elected MP from the MFP. She shocked the whole country by winning in Bangkok’s Constituency 28, which had previously been the stronghold of the Yubamrung family.

In a press release from ASEAN Parliamentarians for Human Rights, Board Member Arlene Brosas, who is a member of the Philippines House of Representatives, decried the verdict. “We are deeply dismayed by this verdict and stand in solidarity with Rukchanok Srinork. Peacefully expressing one’s political opinions should not result in criminal prosecution, much less six years imprisonment.”

MP Brosas went on to refer to Prime Minister Srettha Thavisin’s statement at the UN General Assembly where he promised ‘advancement of human rights at home and abroad.’  She called on him to prove the sincerity of his words.

NewsRukchanok SrinorkMove Forward partyPita LimjaroenratChaithawat Tulathonroyal defamation lawSection 112
Categories: Prachatai English

‘You can fool all of the people some of the time …’ or at least every 30 years

Wed, 2023-12-13 19:33
Submitted on Wed, 13 Dec 2023 - 07:33 PMHarrison George

For a party that won an election but was denied power and which faces multiple legal and political attacks, the future looks surprisingly good for Move Forward.  The general consensus is that if they stay united and unprovoked, the next election will be a landslide. 

The current government has no political legitimacy. Its only unifying principle is ‘anything but Move Forward’.  Its jumbled mess of parties has had trouble even arriving at common policies, let alone carrying them out.  And it includes enough characters with shady pasts to virtually guarantee one scandal after another.

If MFP look certain to win big in the next election, you can be sure that the Forces of Darkness will be striving to ensure there is no next election. Or no MFP. Or both.  There are already steps being taken in this direction, but all seem too transparently vindictive to claim any widespread public support or legitimacy.

So what could turn public opinion massively against reform and reformists and derail the seemingly inevitable disintegration of the military-monopolist-monarchical grip on power and the establishment of political and economic reforms based on demilitarization, decentralization and demonopolization?

Well, any number of things.  And in Prachatai’s recent multimedia publication ‘We love the King: The far-right in the age of three-finger salutes,’ Acharn Kanokrat Lertchoosakul mentions one possibility – disinformation.

Thailand has form here.  In a society given to gossip and with often a scarcity of reliable sources of information (and on some important issues, an almost complete absence of them), lurid conspiracies easily gain currency and can have massive repercussions, even when devoid of any truth or legitimacy.  Let me talk you through 3 past examples, because public memory seems unforgivably unreliable.

*     *     *     *     *     *     *     *

In 1946, someone stood up in a Bangkok cinema and shouted ‘Pridi killed the King.’  The King in question was Ananda Mahidol, Rama VIII, who had been found dead of a shot to the head in the palace. 

The shout had been encouraged, some say paid for, by the Democrat Party, then led by the royalist Pramoj brothers, Seni and Kukrit, both of whom later became prime minister.  Pridi Banomyong had been regent during World War 2, a position that was retired when the King returned to Thailand at the end of 1945.  After some political turbulence, Democrat Khuang Aphaiwong resigned as Prime Minister, and Pridi became PM after elections in January 1946. 

Pridi was unpopular with the conservative elite for his socialist policies and disliked by the US for supporting causes like Vietnamese independence.  When the death of the King on his watch remained unexplained, rumours began circulating that Pridi was hiding the culprit or had even masterminded the affair.  These unfounded allegations were used as a pretext for ousting him and a military coup brought in a constitution that restored to the monarchy a number of the powers that had been removed by the 1932 revolution. 

*     *     *     *     *     *     *     *

In 1976, the third anniversary of the toppling of the Thanom-Praphas-Narong dictatorship was approaching and the right-wing, and some in the middle, were chafing at the somewhat chaotic formation of a somewhat democratic system of government.  The stage was being set for a confrontation that would turn back the clock to the comforting certainties of authoritarianism.

The trigger that set it all off was the return from exile of Thanom of the erstwhile dictatorial triumvirate and the inability of the elected government to do anything about it.  Youth-led protests erupted, attacked by counterprotests, culminating in the hanging from a now notorious gate in Nakhon Pathom of 2 electricity workers who had been disseminating anti-Thanom leaflets.  The police failed completely to solve the crime, possibly because there were signs that they had perpetrated it themselves.

To publicize the case, protesting students at Thammasat University staged a mock hanging on campus.  But they first had to solve the problem of making it look like a hanging when the actors were supported by hidden ropes round their waists.  Some candidates were therefore eliminated on the grounds of body weight and the choice was very last minute.

The mock hanging featured on the next day’s front pages and a number of people, especially on the right wing, remarked on the similarity between the facial features and the clothing of one of the actors and the then Crown Prince, now King Vajiralongkorn.  Funnily enough, those attending the original performance, myself included, saw no resemblance.  Cue strident charges of lèse majesté, the bloodshed on Oct 6 and another military coup leading to the dictatorship of Thanin Kraivichien.

*     *     *     *     *     *     *     *

In May 2006, after a series of allegations of shady dealing against then Prime Minister Thaksin Shinawatra, some true, some fabrications, the Manager Daily ran a series of articles about a Finland Plot by Thaksin and some of his coterie (a few can be found in the current government) to abolish the monarchy and establish a one-party republic.  Under different iterations, the objectives of the plot changed, but the monarchy was always under threat.  (Some accused Thaksin of trying to introduce democratic ideas like the election of provincial governors – the horror!) 

The owner of the Manager group was Sondhi Limthongkul who was at the time instigating yellow-shirt People’s Alliance for Democracy rallies calling for the overthrow of the Thaksin government.  Despite the complete absence of any evidence for the plot, the reputation of the Thaksin government suffered severe damage and later that year the military cited Thaksin’s disrespect for the monarchy as one justification for yet another coup d’état (a coup being a show of disrespect for the royally approved constitution, of course).   

*     *     *     *     *     *     *     *

Readers of a numerical bent will have spotted that these 3 episodes of disinformation occurred 30 years apart. So by the non-existent law of coincidences, we shouldn’t be due for another one until 2036.  But there are common threads: the disinformation emanated from the authoritarian forces in politics, the same people who today are ranged against the MFP; and the accusations centre on some form of alleged disloyalty to the monarchy, again something that the MFP is already experiencing.

So watch this space. And I don’t think we’ll have to wait till 2036.

Alien ThoughtsAlien thoughtsdisinformationMove Forward party
Categories: Prachatai English

Programmer convicted of royal defamation for shouting at royal motorcade

Tue, 2023-12-12 20:35
Submitted on Tue, 12 Dec 2023 - 08:35 PMPrachatai

A 26-year-old programmer charged with royal defamation for shouting at a royal motorcade has been found guilty and sentenced to 1 year and 8 months in prison. He has now been released on bail pending appeal.

Atirut (Photo by iLaw)

Atirut (last name withheld), 26, was charged with royal defamation and resisting arrest for refusing to sit down and shouting “Going anywhere is a burden” as King Vajiralongkorn and Queen Suthida’s royal motorcade passed a crowd gathered at the Queen Sirikit National Convention Centre (QSNCC) on 15 October 2022.

At an event organized by iLaw on Monday (11 December), Atirut said he did not go to the QSNCC intending to protest but was only visiting the Book Fair. He said that, before the incident, plainclothes officers surrounded him for around 10 minutes. One officer also asked him if he would sit down when the royal motorcade arrived. The officers refused to identify themselves but when Atirut shouted at the motorcade, they arrested him and carried him away by his arms and legs.

He was subsequently detained in a room inside the QSNCC for an hour before being taken to Lumpini Police Station, where he was detained for two nights. The police also got a warrant to search his family home but found nothing incriminating. He noted that his family members were alarmed because they were away and only found out later that he was arrested.

 

Because he struggled to get away from the officers, the police said he had to be taken to the Police Hospital for physical examination. They first took him to the Somdet Chaopraya Institute of Psychiatry out of concern that he might have a mental illness because he resisted arrest, used force on the officers, and sat with his feet on the table while detained at the QSNCC. According to Atirut, hospital staff treated him like a psychiatric patient, tying him to a chair. They also demanded that a friend or family member come in to refuse treatment on his behalf before he could be released.

 

Atirut was indicted in January 2023. The public prosecutor claimed that what he shouted at the royal motorcade was inappropriate and insulting. They accused him of trying to make people think that the King and Queen’s visit caused problems and burdened the public, a claim that could lead to hatred of the King and Queen as well as damage their reputations. They also accused him of resisting arrest by kicking the arresting officers, causing two of them to sustain minor injuries on their arms and backs.

 

Thai Lawyers for Human Rights (TLHR) said that Atirut confessed in court to the shouting but said he did not know that the men arresting him were police officers because they were in plainclothes and he could not see their police ID cards. The officers also did not answer any of his questions or speak to him during the arrest.

 

TLHR reported today (12 December) that the South Bangkok Criminal Court found Atirut guilty of royal defamation and resisting arrest. He was initially sentenced to 3 years and 2 months in prison, a sentence that was reduced to 1 year and 8 months because he confessed.

 

The Court found him guilty because it ruled that the complain he shouted at the royal motorcade was inappropriate and that, by doing so, he falsely accused the King and Queen of causing problems for the people when they travel.

 

Atirut was later granted bail using a security of 300,000 baht. He was also prohibited from leaving the country.

 

A graduate of Thammasat University’s Sirindhorn International Institute of Technology (SIIT), Atirut said he was a regular attendant in the 2020 – 2021 pro-democracy protests, but was never a protest leader. The abduction of activist in exile Wanchalearm Satsaksit made him politically active, he said. He felt that, if someone like Wanchalearm, who was not a protest leader or a politician, could be abducted, then it could happen to anyone.

After his arrest, Atirut said he went back to work as normal. He works in a transnational company and facing a political charge had very little effect on his employment. He said colleagues who learned from social media that he had been arrested asked him about it, but no one took issue with it.

When asked if being arrested and taken to a psychiatric hospital affected his mental health, he said it did not affect him because he understands that such charges are used to wear people down so they will stop protesting. He added that other royal defamation defendants had it worse, such as Tiwagorn Withiton, who was held in a psychiatric hospital for several days. He believes not only that the law is being inappropriately used as a political tool but also mental illness. He expressed concern that others who did not have the support network he has or strong mindsets might be adversely affected by such treatment.

Atirut said that the 300,000 baht security he had to place when arrested is as high as that required from people charged with attempted murder. He also said that rulings in royal defamation trials should be made carefully, since the charge carries a prison sentence and affects a defendant’s liberty. He believes that, if rulings are to be made on a case-by-case basis, the charge should be tried in a civil court.

Atirut compared his own action to protests in the UK, where pro-republican protesters shouted at King Charles III about how they disapprove of him and the monarchy without facing prosecution. He also asked whether Thailand would ever get around to making similar improvements to its own legal system and regime.

NewsAtirutlese majesteSection 112Royal defamationroyal motorcade
Categories: Prachatai English

Exploited to the bone: the invisible cost of famous clothing brands

Tue, 2023-12-12 20:08
Submitted on Tue, 12 Dec 2023 - 08:08 PMWanna TamthongStory and photo by Wanna Tamthong   The right to fight but “no right” to receive the minimum wage

“I thought going to work in someone else’s country would be better than my own country. … I have only ever been oppressed,” said Ma Ma Khin, former worker at one sewing factory.

Ma Ma Khin (pseudonym) is a women migrant worker who stood up against her employer in order to demand a minimum wage for herself. She was working at a sewing factory on the Thai border, where many sewing and other factories and are located because of the government’s promotion of investment in the border area. As a result, a large number of workers from the country next doorcross the border as cheap labour for employers.

The sewing factory Ma Ma Khin used to work for is a large-scale factory which produces retail clothing for famous foreign brands whose names and logos are likely to be recognized by most Thai people. The fight of Ma Ma Khin and her migrant worker colleagues in the same factory started during the Covid-19 pandemic. Ma Ma Khin said that  when Covid-19 hit a few years ago, many factories received fewer orders. As a result, the workers earned less money because there was no work. During that time, Ma Ma Khin was paid only 2,000 baht for a month of sewing, as her wage was already less than the minimum wage. When sewing orders decreased, there was almost nothing left of  her monthly pay, because Ma Ma Khin and other migrant workers at the factory are paid on a piecework basis .       

“The employer didn’t pay the wage that is required by law. The life of workers is worse than it should normally be. I went to the employer and ask for a small wage increase because it was not a living wage. The employer didn’t care. Anyone who didn’t want to work could leave. But if we left our job there, where could we find a job during Covid-19? Making demands was like banging your head against the wall. It was pointless, because we got nothing,” said Ma Ma Khin.

Ma Ma Khin (pseudonym), former migrant worker at a sewing factory

Ma Ma Khin said that normal working conditions at the sewing factory were quite hard. She had to start work at 8 am, but it was uncertain when she would get off work, whether it would be 10 or 11 pm. But whenever there was a large number of orders, the workers had to work until the morning of the next day. Before the Covid-19 pandemic, the factory received a lot of orders, and each worker had to sew thousands of pieces of clothes per month.

“This kind of work is contract garment sewing. You earn according to how much you do. If you’re asking how much I get, there were days when I didn’t get paid at all. Some days I got 50 baht, 100, baht, 150 baht, up to 300 baht. I don’t remember how many pieces I sew each day, but I know that there was very little time to rest. After I get back from work, I feel exhausted to the point that I can’t even eat. I worked there for a year, and in normal times (before Covid-19) the biggest salary I got was 9,000 baht,” said Ma Ma Khin.

Workers at this factory get only 1 day off per month after the day they receive their salary.

“Sometimes, asking for sick leave was not easy. You have to be sick at the point of death for the employer to allow you to go to the hospital. When I was recovering, I got only 1 paracetamol tablet. The life of workers is hard. It’s not just me alone. My friends also face the same problems,” said Ma Ma Khin.

After Ma Ma Khin and over a hundred migrant workers in the factory gathered to demand fair wages for themselves, what they got was not the wage they needed. The employer closed the factory gates, preventing the protesting workers from going to work before calling all the vocal workers in to sign a document. 

“But the document didn’t specify anything . It was just a blank piece of paper. We were concerned that they would put in unfair contract terms, so no one signed the document. After that, there were documents both in Thai and Burmese saying that employees agree to follow all of the factory’s 15 rules, but there was no details of the 15 rules, so once again no one signed it.

“In the end, on the 22nd, in the morning we could go to work. But in the evening, they posted an announcement that anyone who wants to keep working must sign the document. If we don’t sign it, then we cannot come to work the next day, so we contacted an organization which helps workers in the area. They suggested that we should continue going to work. When we went to work, it rained. The factory was closed and we were not allow to go in to work,” said Ma Ma Khin.

Ma Ma Khin and other migrant workers were notified by the factory that they had to sign a new application form if they wanted to work. At this time, some protesting workers decided to sign the form so they could go back to work, but those who insisted on refusing to sign the document had to leave.

“We didn’t ask the employer for more than what we should get. We should be paid at the normal rate that workers should get. If we ask for 300 baht and they really can’t give it to us, then just 250 baht would be fine,” said Ma Ma Khin.

Ma Ma Khin’s attempts to demand a fair wage ended with her being fired. More importantly, her name and the names of other protest leaders were put on a blacklist by the employer, and other factory owners were told to not hire this group of workers. Ma Ma Khin remains unemployed to this day.

“I try to forget what happened in the past. If they give me clothes or pants to sew I can do it again. But my life cannot move any further forward. When I apply, I don’t get a job. I have a family to take care of. I am a mother with kids to raise and elderly parents to take care of. How can I continue to live each day? This is the pressure on me. I have to try very hard,” said Ma Ma Khin.

However, Ma Ma Khin is not done fighting. She and her migrant workers colleagues who were fired got together to file a lawsuit against the company which owns the clothing brands at a court in another country with the help of human rights organizations in the area for “neglect and receiving unfair benefits” because the factory it hired to make its products used forced labour and paid unfair wages.   

“We are workers. We don’t know anything. We only know that we produce the clothes and who we produce them for. Most are clothing brands in England. So, we looked for an organization who can help us. They gave advice on how to file a lawsuit, so we decided to file a complaint with the court in England,” said Ma Ma Khin.

Finally, when asked about what she thinks are the pains of being a worker in a sewing factory, Ma Ma Khin said “the life of a worker sewing clothes is very painful. In fact, the clothes that foreigners wear are the same articles of clothing that were earned through the sweat and tears of workers who have to suffer for it.”

“Police fee” – the “covert account” corruption problem hidden in the sewing factory

From the interview with Ma Ma Khin, we also learned that there is corruption hidden in the exploitation and use of forced labour in sewing factories. Ma Ma Khin explained that on the pay slips she received, there is a box saying that each worker has 3% deducted from their salary. The document says that the deduction is for “social security”, but in reality, many migrant workers in the sewing factory were not registered in social security system by the employer.  

Ma Ma Khin said that every migrant worker in the factory is well aware that the money deducted  every month in the name of “social security” is a “police fee” taken by the employer to pay the police. The workers understand the word “police fee” according to what they were told by the factory management.

“The workers once got together and asked [the factory management]. The manager said that it was the police fee. We are workers in the border area, The only document we have is a border pass, so we must pay the police fee too, but when it’s time to renew our work permit or our re-entry visa is due, we are the ones who have to pay for it ourselves. The factory collects the money but doesn’t pay for us,” said Ma Ma Khin

Prachatai contacted the local police station where Pol Lt Col Thirawat Muphayak, Deputy Superintendent of Investigations at Mae Sot Provincial Police Station, who was assigned by the Superintendent of the station, said that “police fee” is a term used among migrant workers and their employers for a form of bribery properly called a “protection fee.”

“Everyone who is a migrant worker knows only the police. Whatever a military officer wears, they call them police. Whatever a government official wears, they call them police, because they only know the police, but they don’t know military and government personnel. The word “police fee” is a protection fee, the cost of looking after things as the accused (the factory manager) claimed.”

The factory owner is facing three charges. One charge is against the factory itself as a legal entity for making employees work overtime on working days without the employees’ consent, which is an offense under the Labour Protection Act. Another charge is against the factory manager and others for of confiscation of other people’s documents, using another person’s electronic cards, and theft. The third charge is against the factory owner for confiscation of work permits and personal documents of employees without their consent. The labour inspection staff has informed the public prosecutor that an indictment is justified. Currently, the prosecutor has already ordered an indictment on all three charges.         

The Deputy Superintendent of Investigations elaborated on the “police fee,” explaining that the manager of the sewing factory branch committed corruption and modified documents to create a “covert account”. He said that the manager confessed during the investigation that they took money from their employees’ pay to be paid to the military, the police, and administration officials. However, he said that this claim is false and used to scare the employees from leaving the premises.

“It’s a kind of claim that they tell the employees to scare them and stop them from leaving the premises. When they work, they have to stay in the factory and keep doing OT. This is a false claim. When the employees were taken in for questioning and asked whether they have seen police officials come to ask for money, none of the employees confirmed it and no one said they saw what the managers claimed,” he said.

Pol Lt Col Thirawat said that a joint investigation between the military, the police, and the administration did not find any official involved in the kind of extortion mentioned by the workers. He noted that the claims were made to the workers by the managers as a reason to take money out of their pay.

“For every 100 baht of pay, 3% or 5% would be deducted for the protection fee. An accommodation fee would also be taken, as well as a payment for not meeting targets. This was admitted by the accused who confessed that the claim about government officials was false,” he said.

Pol Lt Col Thirawat said that a subordinate manager of the sewing factory deducted money from workers’ pay, claiming that it was a “police fee,” and created a “covert account”. The subordinate manager and others involved would confiscate each worker’s ATM card and withdraw the money that they deducted from the workers’ pay before payday.

“A notification in the covert account had the employee look first. Suppose they worked for 100 baht; the deduction for the police fee and deductions for not coming to work on time and sick leave will leave 70 baht. I will give you 70 baht and the accused takes the rest that they withdraw themselves from an ATM machine. This counts as theft through the use of deception, taking the ATM cards. So there is the offense of using someone else’s electronic card illegally, and illegally confiscating other people’s documents,” said Pol Lt Col Thirawat.

After foreign media reports of forced labour in sewing factories, Deputy Police Chief Pol Gen Surachate Hakparn joined an investigation with local officials. The Provincial Police Bureau set up a working investigation committee and “brought the best police in the region at the level of superintendent to work on screening for victims of human trafficking according to the principles of the National Referral Mechanism. The initial screening found no victims of human trafficking according to the Anti Human Trafficking Act, including forced labour under Section 6/1. After that, we initially gave up this issue. But later, a group of NGOs disagreed and made a new call for justice to Deputy Surachet. So there was a second screening.”

During the second victim screening, a non-government organization was given permission to participate in interviewing the workers. Despite gaining more information, still no victim of human trafficking was found.

How to ensure transnational investors are not beyond the scope of accountability

“More than 20 years ago, there was a saying that when investors came, they came with just one bag, meaning a bag for money, a wallet. When they are in the area, workers might start fighting for their rights. If it becomes unbearable, investors can just take their bag filled with money and return to their country. Situations like this still exist,” said Suchart Trakoonhutip

Suchart Trakoonhutip, MAP Foundation

The owners of foreign clothing brands also cannot be ignored when seeking accountability for labour rights violations that happen in sewing factories. Suchart Trakoonhutip from the MAP Foundation, who has long been working to assist migrant workers, explained: 

“The overall situation of migrant workers in the garment sewing industry is that most are not given the rights stipulated by Thai laws. The situation is especially bad on the Thai borders. Even the minimum wage is almost impossible for a migrant worker to get, while they cannot use other rights as well. They cannot use the right to take leave, such as a paid time off. This is a problem that we have always faced. Migrant workers are always face problems of rights violations,” said Suchart.

Migrant workers in sewing factories have to live with unfair working conditions despite working for expensive clothing brands. Suchart believes that one of the factors contributing to the exploitation of workers is that the workers come over from Myanmar, where the economic situation is not so good when compared with Thailand and where there is also currently internal unrest.

“When they put up with it, it’s not about themselves alone. When they put up with it, it’s for their family. If they stand up to fight or cannot stand it, what will happen to them is that they get fired. Finding a new job is not easy. Their family in their home country is also waiting for money from them. Their family and their financial situation are the reasons why workers have to think it through when they demand their own rights. They didn’t just leave behind one or two people. There are 7-8 people in some families that are waiting for hope from them. This is the reason why they have to put up with rights violations. The employers also rely on this very opportunity to oppress them. They know the workers have nowhere to go,” said Suchart.

Not only does the factory owner benefit from labour exploitation, the owners of the brands that order from the factories that exploit the workers also receive direct benefits from ordering the products. In order to ensure that the brand owners, who are foreign investors, remain accountable, Suchart proposed that the brand owners must be directly involved in handling the production situations that involve human rights violations, “not just cutting orders when they know that the factory is violating [workers’] rights and ordering from somewhere else.”

“Is it possible for the government to set up a fund and request direct contributions from foreign investors? Anyone who wants to invest in Thailand must first contribute to this fund, and if the investor violates [labour] rights and escapes, the government will use the money from this fund to compensate the workers in line with their rights to receive it. We already proposed this a long time ago, but there has been no sign of clarity about what to do with these investors,” said Suchart.

Suchart mentioned that in foreign countries, the Clean Clothes Campaign, an international labour rights advocacy organization, has started a campaign called “Pay Your Workers” where the brands must contribute to a fund. If a brand violates workers’ rights, the fund will distribute to the workers the money the brand has contributed. Suchart believes that this is a way that can be followed at the same time as a fund which requests money from investors that is being proposed in Thailand by a network of migrant worker rights campaigners.

Labour rights protection remains a big issue that government and business sector must be aware of so that they can put into practice Business and Human Rights principles. Because most investors who come to invest in Thailand use the method of leasing and do not have property in Thailand that can be confiscated in cases of labour rights violations, it means that these foreign investors may not be held responsible to the lives of migrant workers in whose exploitation they are complicit.   

“Most investors are leasing. There is only a very small number that would buy [property] of their own. Or if they buy, they would hire other people to manage it. The property will not belong to the employer directly so that it could be confiscated when there are lawsuits. What we face is all their preparations in readiness for fleeing. Assets are sold and transferred elsewhere. The workers cannot come to confiscate anything or file any complaint against the investors. I think that the Thai government itself must be stringent with policies to deal with these investors,” said Suchart.

FeatureGarment industrymigrant workerslabour abuselabour rights
Categories: Prachatai English

COP28: Time for another money game

Mon, 2023-12-11 16:46
Submitted on Mon, 11 Dec 2023 - 04:46 PMKannikar Petchkaew

General view of Al Wasl during the UN Climate Change Conference COP28 at Expo City Dubai on 30 November 2023 in Dubai, United Arab Emirates. (Photo by COP28 / Mahmoud Khaled)

The long overdue fund to assist low- and middle-income countries' response to climate disasters has become a huge political question on the first day of the United Nations-backed COP28 summit after a decade of negotiations.

The so-called Loss and Damage Fund, which was to become operational this year as agreed upon by many countries, is a welcome development for many. However, disagreements between developing and developed countries remain, including the World Bank’s designation as the host and trustee for the fund, as poorer nations foresee difficulties in accessing the money they need.

Another ongoing debate is whether the fund should distribute the fund as grants or loans. If as loans, it will mean that wealthy countries get to consolidate their position as creditors.

The fund is expected to help poorer countries deal with the losses and damages caused or worsened by climate change. The draft of the fund clarifies that it will help the “most vulnerable countries” first.

Since the start of COP28, US$ 726 million has been promised to the Loss and Damage Fund.

More nations have promised to contribute to the Fund, but it is “a drop in the bucket," COP28 Director-General Majid Al Suwaidi told CNN.

Estimated climate adaptation costs and needs for developing countries range from US$215 billion to US$387 billion annually throughout the coming decade. Loss and damage occur when communities and countries face disasters beyond their ability to adapt – there is no credible estimate of how much money is being spent to deal with it.

When the Loss and Damage Fund gets going, 58 Small Island Developing States (SIDS) and 46 Least Developed Countries (LDC) will likely be prioritized for funding. Some small island nations claim they have been waiting for 30 years.

With limited funding in hand, the competition will be fierce. Developing countries will now have to prove how vulnerable they are.

“In addition to pledges from developed countries, it will be essential to leave COP28 with clear pathways forward on new sources of funding that are based on the polluter pays principle — such as taxing the fossil fuel industry, a frequent flyer levy, a tax on international shipping fuel, a global wealth tax or financial transaction tax. Such taxes and levies should be fairly implemented so that costs fall on the big polluters that can afford them, and not on ordinary citizens,” declares a statement from the climate activist group Loss and Damage Collaboration (L&DC).

In Southeast Asia, Myanmar, Laos, and Cambodia are listed as LDCs, while Singapore is the only SIDS member.

The Thailand Development Research Institute think tank reported that between 2000 and 2019, the country faced 146 climate abnormalities, leading to losses of US$7.7 billion. Thailand is not among the countries being prioritized for funding, but it is a member of G77, the largest intergovernmental bloc that negotiates climate issues. Despite the name, it actually consists of 134 countries and accounts for 80% of the global population.

Nithi Nesadurai, Director and Regional Coordinator of Climate Action Network Southeast Asia (CANSEA), believes the region has a promising chance of accessing loss and damage funding.

“The region [is home to the] world’s top ten countries faced with harsh climate impacts. If the fund’s criteria are to prove vulnerability, some data will prove it,” said Nithi.

CANSEA is the Climate Action Network’s regional node, with over 1,500 member organizations in over 130 countries.

“It’s not that the small islands are always the most hit. Countries in the region have faced harsh impacts of climate change. The climate risk index confirms it. Countries like the Philippines, Myanmar, Vietnam, Thailand, and Indonesia are vulnerable in that sense,” said Nithi, who is optimistic that the region would obtain assistance from this initiative.

As a leading member of Thailand‘s negotiation team at COP28, Phirun Saiyasitpanich, Director of Thailand’s Department of Climate Change and Environment , says Thailand’s position is that access to funding should be based on who has been hard hit, not who is poor. 

“The negotiation is that it has to be based on proof of the loss and damage, not your GDP.” As for his country, Phirun states the historical data has proven its vulnerability. “So what we are defending on the negotiation table is we are vulnerable in that sense.”

The 2021 Global Climate Risk Index put Myanmar, the Philippines and Thailand among the top ten countries most affected by climate change between 2000-2019. Of the three countries, Myanmar is ranked as most affected on the Index, though media reports have described Vietnam as the most vulnerable.

In 2021, the Swiss Re Institute put Thailand, the Philippines, Malaysia, and Indonesia among the least prepared countries in the world to face the economic shock of climate change.

Some developed countries, such as Norway, showed their disappointment over the lack of human rights as one of the criteria for accessing the Loss and Damage Fund. They are expected to raise this issue in subsequent discussions.

Wanun Permpibul from the climate justice NGO Climate Watch Thailand agrees that human rights should be taken into consideration.

“Not only that, but people’s rights, especially those marginalized and vulnerable should be taken into account,” she said.

Asked about the ethics and practices of the World Bank in relation to the Fund, its president Ajay Banga said that it was not the World Bank’s job to steer the fund. That will be the responsibility of a 26-country board scheduled to be set up and to hold its first meeting within two months after COP28. Twelve of the Board members will come from developed countries.

This article is part of the media series "COP28 and Thailand". by Prachatai English, published parallel to the COP28 between 30 November-12 December 2023.

Read part 1: Where is Thailand in the boiling world?

Read part 2: What is on the table?

The series was produced as part of the 2023 Climate Change Media Partnership, a journalism fellowship organized by Internews' Earth Journalism Network and the Stanley Center for Peace and Security.

NewsCOP28Climate ChangeClimate crisisLoss and Damage Fund
Categories: Prachatai English

Former protest leader gets suspended sentence for royal defamation

Sat, 2023-12-09 11:49
Submitted on Sat, 9 Dec 2023 - 11:49 AMPrachatai

Former protest leader Shinawat Chankrajang has been sentenced to prison for royal defamation following a protest demanding the right to bail for political detainees. The court later suspended the sentence for two years and imposed a probation order.

On 7 December, the South Bangkok Criminal Court delivered its verdict in the case of activist Shinawat “Bright” Chankrajang, who was indicted under the royal defamation law and the Computer-Related Crime Act, and for using a sound amplifier without permission, while demanding the right to bail for two detained activists, Netiporn Sanesangkhom and Natthanit Duangmusit, at the South Bangkok Criminal Court on 28 July 2022, according to Thai Lawyers for Human Rights.

The complaint was filed by Anon Klinkaew, leader of the ultra-royalist group People’s Centre to Protect the Monarchy. The allegation stemmed from Shinawat’s speech where he addressed the transfer and reversion of the crown property assets to the ownership of the King during the tenure of the former PM Prayut Chan-o-cha and the transfer of military units to come under royal command. He also called for the release of all political detainees.

Following the first witness examinations, Shinawat decided to plead guilty. The court ordered probation officers to investigate before presenting the verdict on 7 December.

The court concluded that Shinawat was guilty under the royal defamation law and the Computer-Related Crime Act, and of the offence of using a sound amplifier without permission, which constituted multiple offences for a single act. Sentencing was based on the law with the heaviest penalty, resulting in three years in prison. He was also fined 200 baht for unauthorised use of a sound amplifier. Due to his guilty plea, the penalty was reduced to one year and six months and a 100 baht fine.

However, the court noted that Shinawat has never been imprisoned and he has also participated in various social service activities. Therefore, the sentence was suspended for two years, during which time he will be on probation. He is required to report to probation officers three times per year and to perform 24 hours of social service. Shinawat is also prohibited from committing the same offence.

The case is Shinawat’s first royal defamation charge. He was remanded in custody for 26 days during the inquiry stage before the appeal court granted bail.

Shinawat has been charged under the royal defamation law in a total of 7 cases, with 6 cases currently pending. Among these cases is a charge stemming from a speech he gave during a protest at the Lat Phrao intersection on 2 December 2020, for which he has pleaded guilty. The court will present its verdict on 13 December.

Shinawat was formerly a leader of the pro-democracy Rasadon group, which protested against the government led by Prayut Chan-o-cha. He later turned to support the United Thai Nation Party linked with Prayut by helping its candidate to campaign for the general election in May.

NewsShinawat Chankrajangroyal defamation lawSection 112
Categories: Prachatai English

Online clothing vendor sentenced to 6 years in prison for royal defamation

Fri, 2023-12-08 19:43
Submitted on Fri, 8 Dec 2023 - 07:43 PMPrachatai

A 32-year-old online clothing vendor has been sentenced to 6 years in prison for royal defamation stemming from a 2021 share of three Facebook posts about the government’s Covid-19 vaccine policy, police corruption and calls for monarchy reform. He has been denied bail and is now detained at the Bangkok Remand Prison.

Jirawat (Photo from TLHR)

Jirawat (last name withheld), 32, was charged with royal defamation for sharing three Facebook posts between January – March 2021. One of the posts, from the anti-monarchy Facebook page KTUK – Konthai Uk, stated that the Thai government was unable to import good Covid-19 vaccines because it did not join the World Health Organisation’s COVAX programme. It also noted that King Vajiralongkorn held shares in the only company licensed to produce a Covid-19 vaccine in Thailand.

The second post, from another Facebook user, contained pictures of 4 official documents and Move Forward Party MP Rangsiman Rome holding pieces of paper. Captions alluded to police corruption, bribe-taking and the possibility that a signature on one of the document was Queen Suthida’s.

The third post contained a transcript of a speech given by activist Patsaravalee Tanakitvibulpon during a 24 March 2021 protest. In the speech, she said that people must be able to praise and criticise the monarchy, both because it is their fundamental right to do so and because, as friends of the monarchy, they should be able to reprimand an individual king if he does not behave appropriately.

According to Thai Lawyers for Human Rights (TLHR), Jirawat said that the complaint against him was filed by Pattarawan Khumma, a relative of his wife who used to work for the Centre for Covid-19 Situation Administration (CCSA). Jirawat stated that Pattarawan and his wife had a fight before the complaint was filed, leading him to suspect that she was using the royal defamation law to harass him for personal reasons.

Under cross-examination, Pattarawan admitted that she is related to Jirawat’s wife but refused to answer questions about the fight.

Jirawat acknowledged sharing the posts, but testified that he did not add any messages to them. He also added in his defence that while the posts criticised the government and raised questions about the monarchy, citizens have the constitutional right and freedom to express opinions on such matter.

TLHR said that, on Wednesday (6 December), the South Bangkok Criminal Court found Jirawat guilty of royal defamation, sentencing him to 3 years in prison for each post. His 9 year sentence was later reduced to 6 years.

The court ruled that the posts damaged the people’s faith in the monarchy by causing people to misunderstand that the King, the main shareholder in the Siam Bioscience company, was seeking to monopolise the local market for Covid-19 vaccine by delaying vaccine procurement from overseas.

During witness examination, Apiporn Pasawat, Siam Bioscience’s board president, testified that King Vajiralongkorn was the majority shareholder in the company, with Air Chief Marshal Satitpong Sukvimol and Pol Col Thumnithi Wanichthanom holding 1 share each. Apiporn also testified that he contacted AstraZeneca with the help of a former colleague at the Siam Cement Group (SCG) and secured a license to produce the AstraZeneca Covid-19 vaccine. He initially denied that the Thai government ordered vaccine from Siam Bioscience.

However, under cross-examination, Apiporn stated that Air Chief Marshal Satitpong signed a Covid-19 vaccine purchase contract with the Ministry of Public Health, but only as a witness. He also admitted that Siam Bioscience had never produced a vaccine before the pandemic and said that the company received 600 million baht from the Thai government in support.

Finally, he acknowledged that the company made a profit from vaccine production, with its shareholders, including the King, receiving dividends.

The second post was held to have damaged the reputation of Queen Suthida by suggesting that she was involved in the appointment and transfer of police officers.

As for the third post, the court ruled that Patsaravalee’s speech was insulting and disrespectful to the King, damaging people’s faith in the monarchy because it claimed that the King was expanding his powers and not acting in accordance with the Constitution by interfering in government affairs and the judicial system as well as by transferring property and military units to himself.

Jirawat’s lawyer filed for bail. His request was forwarded to the Appeal Court, which ruled today (8 December) to deny him bail on the ground that he is a flight risk. It also said that his offence damaged the monarchy and the democratic regime with the King as the head of state.

Jirawat's detention brought the number of people detained pending trial or appeal on a royal defamation charge to 15.

NewsRoyal defamationSection 112lese majesteright to bailPolitical prisoner
Categories: Prachatai English

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