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Thksin takes extra powers ?


Pom_Jao_Choo

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I watched aprogram here in the Uk last weekend on Channel 4. It was called unreported warrior or something. It is a program that basically reports on political unrest throughout the world. It focuses on unrest that one might not ordinarliy hear on the main news. It aslo shows footage which has been censored in the country where the unreat takes place.

 

Last week the trouble in Thailand was brought into focus. It really did not show the Thailand and the government in a good light.

 

It showed shocking scences from just over a year ago. There was some Thai muslims making a protest outside athai police station in the south. The crowd was made up men,women,kids etc. The worst that happened,or at least the worst that was reported to hacve happened was some rocks were thrown at the police station. The footage that flowed after it left me feeling sick. It was basically loads of the thai army kicking the absolute shit out the protestors. Children and their mothers were beaten or shot. It was the very vicious and indiscriminate.

 

The reporter said that PM Taksin had banned this from the national media.

 

It really does nt do Thailands image any good. Very sad what goes on. probably only the tip of the iceberg. 170 killed in all that day.

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Yes, and thais in their grand majority, had no problem, to say the least, with it. Thaksin's view and treatment of the press has been consistant ever since he was elected. Thais are either too busy to make money, or make it thru to the next day, to worry about freedom of the press, which actually, is not that bad, if we stop comparing with western countries, and start comparing with 9/10th of other countries where corruption is rampant and a way of life.

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Article in Saturday's Nation:

 

http://www.nationmultimedia.com/search/page.arcview.php?clid=2&id=118463&date=2005-07-16&usrsess=

 

EMERGENCY DECREE: PM takes absolute power

 

Published on Jul 16, 2005

 

Yala attacks prompt enforcement of measures to reduce legal instruments in dealing with violence in deep South

 

 

 

The Cabinet yesterday approved an executive decree giving the prime minister absolute power to handle states of emergency. This will allow him to order detention without charge, censor news and intercept telephone conversations.

 

The new decree, which was submitted for His Majesty the King?s endorsement yesterday, follows a co-ordinated attack by about 60 insurgents on Muang Yala on Thursday night.

 

Deputy Prime Minister Wissanu Krea-Ngam said the Yala attacks prompted the government to bring the new decree into force to reduce the number of legal instruments in dealing with the situation.

 

Since last year, the government had been preparing to replace martial law in the deep South with a comprehensive legal instrument, together with six other laws, to deal with the situation, he said.

 

?We needed to integrate all legal instruments to deal with the state of emergency without any violation to the Constitution or basic human rights.?

 

Violence in the three restive southernmost provinces has claimed about 800 lives over the past 18 months.

 

The decree authorises the prime minister to announce a state of emergency with Cabinet consent and to impose curfews in particular areas deemed to be in crisis.

 

Such states of emergency under the new decree will last for three months and will be renewable.

 

Wissanu said the decree would take the power of the military under martial law and vest it with the prime minister.

 

?But this is better,? he said, ?because the prime minister is subject to the Parliament, while the military has no accountability in that way.?

 

The new law has drawn strong criticism from civic groups, which have raised concerns that it gives too much power to the prime minister and violates many basic rights.

 

Cabinet Secretary Borwornsak Uwanno, who was an architect of the decree, admitted that it might, to some extent, limit the rights and freedoms of a certain group of people. But it was enforced to protect the rights of a majority of the people.

 

Unlike martial law, the decree allowed detention of suspects for a maximum of 30 days and only with court permission, he said.

 

To prevent further criticisms that might bring negative consequences for the government, Prime Minister Thaksin Shinawatra has instructed ministers to help explain the decree and the government?s need for the new powers to the public and to Parliament.

 

The government bypassed Parliament by making the new law an executive decree, rather than an act of legislation.

 

The government spokesman?s office yesterday recalled a draft of the decree that had been distributed to reporters, with the excuse that it could not be publicised prior to Royal endorsement.

 

Deputy Prime Minister Surakiart Sathirathai, concerned that claims of human rights violations might damage his bid for the post of UN secretary-general, instructed the Foreign Ministry to brief Bangkok?s diplomatic corps on the government?s need for the powers of the decree.

 

Deputy Foreign Minister Preecha Laohapongchana said his ministry would circulate English versions of the decree to diplomats to prevent confusion.

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>>The Cabinet yesterday approved an executive decree giving the prime minister absolute power to handle states of emergency. This will allow him to order detention without charge, censor news and intercept telephone conversations.

...

 

The government bypassed Parliament by making the new law an executive decree, rather than an act of legislation .<<<

-----------------

 

 

I recall vaguely that a law was recently passed (by parliament?) that if the cabinet unanimously approves, then the decree becomes law. That is a supersized whopper that parliment passed to the executive and i had forgotten about it till now.

 

 

>>>The decree authorises the prime minister to announce a state of emergency with Cabinet consent and to impose curfews in particular areas deemed to be in crisis.<<<

 

 

So the decree is not limited to the southern provinces? Making law by decree is alot more fun i'm sure than having to get some lazy parliment to do what a PM wants them to do. And this decree says there will be a state of emergency in any particular area as soon as the PM "announces" it. So now there is not really a need for a decree, just an announcement by the PM.

 

Cool.

 

 

>>>Wissanu said the decree would take the power of the military under martial law and vest it with the prime minister.

?But this is better,? he said, ?because the prime minister is subject to the Parliament, while the military has no accountability in that way.? <<<

 

I admire a man who is willing to make a blatant mis-statement. Actually, the decree trumps parliament (unless i'm missing something) which is the whole point of drafting the decree.

 

Anyway, hope he stumbles into doing something right with his absolute power.

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MaiLuk said:

 

>>>Wissanu said the decree would take the power of the military under martial law and vest it with the prime minister.

?But this is better,? he said, ?because the prime minister is subject to the Parliament, while the military has no accountability in that way.? <<<

 

I admire a man who is willing to make a blatant mis-statement. Actually, the decree trumps parliament (unless i'm missing something) which is the whole point of drafting the decree.

 

Anyway, hope he stumbles into doing something right with his absolute power.

 

Mailuk: I believe you are being a bit unfair to Wissanu. I have yet to see the emergency decree, but s175 of the Thai constitution allows for the issuing of an emergency decree. However, s175 requires the emergency decree be submitted to parliament at the next sitting. Parliament can then allow or disallow the decree.

 

The Martial Law Act 1914 has no such provisions. Martial Law is declared either by the King or the military, there are no provisions in the Martial Law Act or the Constitution for the legislature to review the declaration of martial law.

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Published on July 18, 2005 THE NATION

 

Three southernmost provinces and parts of Songkhla to come under prime minister?s direct control; measures to be decided today

 

All three southernmost provinces, together with four districts in Songkhla, are to be declared as ?emergency zones? after executive decree giving special powers to the prime minister took effect yesterday.

 

Deputy Prime Minister Chidchai Vanasatidya, who oversees security matters, will call a meeting of security agencies today to prepare the way for introducing a tough crackdown under the auspices of the new law.

 

Chidchai said he would propose the declaration of zones of emergency following a meeting this morning at which Prime Minister Thaksin Shinawatra is expected to decide which of his deputies will chair an emergency committee to enforce the new law.

 

The new law has prompted strong reactions from civic groups which argue that it violates many basic rights.

 

The Campaign for Popular Democracy and its allies plan to file a case with the Constitution Court?s ombudsman this week to ask for a ruling on the edict?s constitutionality. But if parliamentarians decide to take action first the groups won?t file the case, said Suriyasai Katasila, the campaign?s secretary-general.

 

The chairman of the Senate?s social development and human security committee, Nirand Pitakwatchara, said the Senate would open a session to debate the executive decree.

 

A certain group of senators plan to gather signatures from one-fifth of the 200 members in the upper house asking the Constitution Court to rule on whether the decree is unconstitutional.

 

The group urged the National Conciliation Commission (NRC), which has championed peace in the deep South, to take action as well, saying the new law made its work irrelevant.

 

?Issuing such a law means Prime Minister Thaksin has rejected the NRC, taking the opportunity to consolidate his power,? Nirand said.

 

Suriyasai suggested yesterday that the commission?s members should resign in protest over the government?s move.

 

The NRC?s chairman, Anand Panyarachun, will today chair a working group meeting on the issue, and a mass resignation might be taken discussed, said Piphop Thongchai, a commission member.

 

Another NRC member, Paisal Promyong, said the government had broken an agreement that it would consult the panel on any attempts to terminate martial law and replace it with new laws aimed at curbing violence in the South.

 

?He [Thaksin] promised to seek advice from us, but he didn?t,? Paisal said. ?So, how can we trust the prime minister when he imposes this executive decree in such an improper way, that he won?t use it to abuse other people??

 

The Cabinet approved the executive decree and submitted it for royal approval on the day after a coordinated attack on Muang Yala on Thursday night which included a series of bombings.

 

The new law, which takes power from the military, allows the prime minister ? with the consent of hisCabinet ? to announce states of emergency, impose curfews, detain suspects without charges and tap phones, as well as censure news. It will be used to replace martial law in the restive South.

 

Supinya Klangnarong, secretary-general of the Campaign for Popular Media Reform, said the new decree damages freedom of expression.

 

?It creates tension and fear among people,? she said. ?This kind of atmosphere will never bring peace to the region.?

 

Chidchai promised that the government would apply the law leniently to ?friendly media?. :liar:

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