Ugly lese majeste

A Banksy portrait of the Queen of England.

The ugly appearance of lese majeste/Computer Crimes Act is back and freedom of speech and the press is again under attack.

Chiranuch Premchaiporn, at the liberal Prachatai online news site, was arrested and charged for not censoring user comments fast enough.

As the above picture illustrates, constitutional monarchies like Great Britain have evolved (pun intended) to a point where freedom of speech can coexist with a monarchy.

Yet in Thailand, citizens and foreigners are subject to draconian laws that can send people to jail for not standing up during the royal propaganda played at movie theaters, for expressing political opinion, posting online comments, and in the case of Chiranuch Premchaiporn, for simply not self-censoring free speech fast enough.

Not only is Thailand's lese majeste law an international disgrace, but in perspective of personal freedoms, it is also barbaric.

That anyone can face an astounding 50-year sentence for exercising one of the most basic human rights is astounding.

Political Prisoners Thailand suggests to "watch this case carefully and urges all interested and concerned parties to write to the Thai embassies and consulates in their areas."

I think we also need to push organizations like Human Rights Watch and Amnesty International to take Thailand to task for violating basic human rights.

We should also consider discouraging tourists from visiting Thailand. If Burma's tourism industry is subject to such an embargo, Thailand's continued attacks on human rights warrants similar treatment.

Dont forget, its not just lese majeste which Thailand transgresses on human rights. Thailand is a habitual and abuser of human rights as demonstrated by a number of issues like the Rohingyas being towed out to sea to die or the simple fact that not a single member of the security forces have been been prosecuted for gross human rights violations in the deep south.

And finally, this should serve as an example that Prime Minister Abhisit is simply a liar who should not be trusted.

I remember a triumphant Abhisit last year boldly claiming that "justice" would be the way to measure the success of his government.

By any measure, his government has been a complete failure and it is specifically the failure of justice, as demonstrated by the continued use of lese majeste and the computer crimes act, that shows just how hollow his rhetoric has been all along.

ไชโย! (Chai yo)

Rumors, rumors, rumors

*ALL PHOTOS COPYRIGHT*

Well-wishers at Siriraj Hospital. September 25, 2009.

While local Thai papers are towing the official line that all is well with King Bhumibol Adulyadej, there have been serious rumors since he was admitted to hospital on September 19th.

Some rumors told directly to me have suggesting it is time to stock up on black clothing, others are more opaque.

From the Nation:
"There was a panic in early trading due to rumours, but the market rebounded," said Therdsak Taweethiratham of AsiaPlus Securities. "In recent weeks the stock market has been rising. Now investors are profit-taking."

The Bangkok Post:
"Rumours circulated throughout Wednesday that his condition [King Bhumibol] had deteriorated, prompting a 2.04 percent drop in the Stock Exchange of Thailand (SET).

The blogs are a little more creative.

New Mandala's cleaver use of a single quote:
"Less than forty-eight hours before he died the First Queen had reported that “His Majesty has improved in all respects.” - Extracted from Vella and Vella 1978. Chaiyo! King Vajiravudh and the development of Thai Nationalism, p1.

Thailand Crisis with a distinctive tone which always makes for good reading:
"There is sense of deja vu : Sovietology… When during the Cold War people were spending huge amount of energy and time to try to decipher what was going on at the Kremlin…"

And:

"It’s a shame to serve such bullshit to the public. Shame on those people. Shame on Nation to write such non sense. The thai people have the right to know the truth."

Political Prisoners Thailand, while verging into conspiracy territory, comes up with something much more worrisome about the number of troops scheduled to descend upon the streets. (Also, they are the right on track to critically question the 2,000 "civilian volunteers" which are part of the security force):

"That’s a total of 36,000 security personnel mobilized. Even leaving aside the questions of human rights and intimidation, this is clearly way, way more than would be reasonable for controlling a rally that the government estimates will be “about 10,000 people.”"

"Suthep stated that “Attention will be given specially to Government House, parliament and Chitrlada Palace.”"

"PPT has no answers that we haven’t given before.However, this kind of mobilization is suspiciously large. If we were being really cynical and conspiratorial, we’d be tempted to link to an earlier post."

And finally, Bloomberg has a good story which captures how the King's health is making the market jittery:
"Speculation that the King’s health had deteriorated helped spark the biggest drop in the benchmark stock index in two months yesterday and the biggest decline since June in the baht."

A theme that emerges in this is that the Palace is seriously mismanaging their communication with the people leaving unanswered questions and fears to morph into dark rumors.

But an even bigger theme is that the whole succession, the embargo on honest reporting on the monarchy, fears of lese majeste, the unpopularity of the crown prince, republican sentiments, and all the other Yellow Elephant in the Room issues which the country is forced to try to ignore have left the nation unprepared for the inevitable outcome of all this.

The market is jittery because the nation is jittery.

Simply put, Thailand is not prepared for what will be the most profound cultural and political upheaval this country has seen in decades, some suggest the biggest upheaval ever, and all because we simply can not openly talk about the monarchy.

Long live lese majeste.

Petition highlights hypocrisy

*All Photos Copyright*
One of the many boxes containing signatures petitioning the king to pardon Thaksin. This box, obviously, has 23, 168 signatures. Sanam Luang, July 31, 2009.

The Red Shirt's royal petition to pardon former PM Thaksin certainly seems to have the Establishment running scared.

The government has responded in Orwellian fashion and will host a TV program on NBT to "improve public understanding of the issue of a royal pardon for ousted prime minister Thaksin Shinawatra" with the goal of informing people who "already signed in support of the petition could always withdraw their names once they have a better understanding".

While the government's awkward and fumbling efforts are reminiscent of recent moral panic campaigns aimed at karaoke bars and internet cafes or the simply bizarre MOSO campaign by the Internal Security Operations Command, the real problem is that it highlights the hypocrisy so ingrained in this Red vs. Yellow conflict.

Those who disingenuously preach that the king is above politics are the same people who draw power and use the throne to advance their own interests.

Aptly put by the Bangkok Pundit: "Needless to say the same people outraged today are the same ones who petitioned HM the King under Article 7 in 2006 to remove Thaksin. But of course that was a "good" petition unlike this one is "evil""

If some people can create a royal petition while others can not, one might ask; who does the palace really represent?

While it might be best to leave that as a rhetorical question to avoid running afoul of lese majeste laws, the Red's petition certainly does expose the fundamental hypocrisy that is a core problem in this conflict.


* Also, dont miss Nick Nostitz's post at New Mandala...simply great reporting!

An elephant named Suwicha

Suwicha Thakor at trail, photo from Reuturs.

Over at New Mandala there is a great idea to help name a baby elephant at Sydney’s Taronga Park Zoo:

"How about we have a campaign to name the young boy Suwicha (สุวิชา), after Thai political prisoner Suwicha Thakor? Most of you will remember that Suwicha Thakor was sentenced to 10 years in prison for posting digitally altered images of the king on the internet. It is an outrageous sentence, and would have been even longer if Suwicha had not pleaded guilty."

To read more about the rational from New Mandala click here.

To read about the Suwicha Thakor at Political Prisoners Thailand in Thailand click here.

And most importantly, click here to cast your vote to name the baby elephant Suwicha.


In addition, PPT has these suggestions to protest against Thailand's appalling lèse-majesté law.

PPT urges protests against the use of these draconian laws and Suwicha’s harsh sentence:

1. Write a letter to the Prime Minister of Thailand, Abhisit Vejjajiva, Government House, Bangkok, Thailand. Fax number +66(0)29727751.

2. Write a letter of concern to the Ambassador, The Royal Thai Embassy, in your country of residence about Suwicha’s case.

3. Write to your local member of parliament and your minister for foreign affairs, drawing their attention to the lèse-majesté law in Thailand and Suwicha’s case.

4. Urge Amnesty International internationally and at your local branch to take up Suwicha’s case and others charged under the draconian laws that protect the monarchy and police cyberspace.

Abhisit and Giles at Oxford

Over at the New Mandala there is thorough coverage of Abhisit's Somsak Jeamteerasakul, for providing the link to the video above.

Also, at the Times Online, Richard Lloyd Parry makes some interesting comments about the exchange between Abhisit and Giles and the lack of open debate in Thailand:

"And such an open, unfettered and fearless debate could never take place in Thailand at the moment. Giles Ungpakorn wouldn't be there, for a start: he'd be locked up, for writing a book. And no Thai who wished to stay out of jail would dare to stand up and ask the frank questions about lèse-majesté which the Oxford audience put on Saturday. Abhisit may have said that he wants to promote democratic debate in Thailand, but whether he really intends to, or even has the power to do so, is another question yet to be settled. Perhaps his hands are tied by his PAD/military supporters; perhaps, having achieved power, he now finds that a certain amount of fear and hesitancy on the part of the population is an advantage."

Police arrest Web director of Prachatai for lese majeste

From the Nation:

"Web director Chiranuch Premchaiporn was arrested on a charge of committing a computer crime, because she allowed the offending comments to be posted on Prachatai's Web board.
...

The official said there was no clear criteria for judging what kind of comments and content on the Web might be deemed to constitute lese majeste. Police did not show the posted comments in question.
...

The authorities have launched a crackdown on websites accused of posting lese-majeste content. Many websites based inside and outside the country have been blocked."

Update: International Scholars Call for Reform of Thailand's Lese Majeste Law

* photo copyright*
Royal Guard on parade. November 23rd, 2008.

PRESS RELEASE (in full is attached)

March 4, 2009

International Scholars Call for Reform of Thailand's Lese Majeste Law

Over fifty international scholars and dignitaries have signed a letter to the Thai Prime Minister calling for reform of the lese majeste law. The letter comes after a spate of lese majeste cases in Thailand and moves by the Thai government to restrict internet discussion of the royal family.

The letter urges the Thai government to consider the following:

1. Please stop seeking more suppressive measures against individuals, web sites, and the peaceful expressions of ideas.

2. Please consider suggestions to reform the lese majeste law to prevent further abuses and to prevent the possibility of further damage to the international reputation of Thailand and the monarch.

3. Please consider taking action to withdraw the current lese majeste charges, and working to secure the release of those already convicted under the lese majeste law. They are charged for expressing their ideas. This should not be a crime.

The letter argues that frequent abuse of the lese majeste law against political opponents undermines democratic processes? and generates heightened criticism of the monarchy and Thailand itself, both inside and outside the country.

Signatories to the letter include:

- World leaders in human rights and civil liberties, such as Lord Eric Avebury, Dr. Caroline Lucas, Senator Francesco Martone, Smitu Kothari, Walden Bello;

- Prominent scholars who are famous throughout the academic world across fields and disciplines like Noam Chomsky, Stuart Hall, Arjun Appadurai, Jim Scott, Arif Dirlik, Stanley Tambiah, Immanuel Wallerstein, and many more;

- Presidents, former presidents and leaders of several internationally prestigious academic associations, namely the Associations for Asian Studies , the American Political Science Association, the American Sociological Association, the Asian Studies Association of Australia, and
more;

- Leading legal scholars such as a former judge in the International Court of Justice, a former President of the Australian and New Zealand Society of International Law, and leading scholars on human rights law;

- Leading international scholars of Southeast Asia and Thailand in many fields including political science, history, anthropology, literature, geography, economics, environmental studies, most of whom have long term experience in Thailand and the region.

Additional signatories are currently being collected. The letter will be delivered to the Honorable Prime Minister Abhisit Vejjajiva in late March or early April. Those who want to include their name on the letter are invited to send their name, title/ rank/position and affiliation to one of the
following Coordinators of this campaign.

Thongchai Winichakul, Professor, Department of History, University of Wisconsin-Madison,

Andrew Walker, Senior Fellow, Research School of Pacific and Asian Studies, The Australian National University, Canberra, ACT 0200, Australia. andrew.walker@anu.edu.au

Jim Glassman, Associate Professor, Department of Geography, University of
British Columbia, 217 - 1984 West Mall, Vancouver, BC V6T 1Z2 Canada. nmsslg@yahoo.ca

Larry Lohmann, The Corner House, Station Road, Sturminster Newton, Dorset
DT10 1YJ, United Kingdom. larrylohmann@gn.apc.org

Adadol Ingawanij, Post-doctoral Researcher, Centre for Research and Education in Arts and Media, University of Westminster, Harrow Campus, UK. M.Ingawanij@westminster.ac.uk

The web site New Mandala http://rspas.anu.edu.au/rmap/newmandala will be the window of this campaign, and will provide updated news and information on the progress of the campaign.

Madison, Wisconsin 53706, USA. twinicha@wisc.edu

International Scholars Call for Reform of Thailand's Lese Majeste Law

* photo copyright*

Royal Guard on parade. November 23rd, 2008.

Over that the Foreign Corespondents Club Thailand (FCCT) there will be a very interesting press conference on lese majeste reform.

Notably, the speakers are only there via internet link, and not actually in Thailand.

From the FCCT:

Wednesday, March 4, 10:00 am

Thailand's lese majeste law has been abused for political purposes. Even Dr. Tej Bunnag, an advisor to the Office of His Majesty's Principal Private Secretary, said recently that the lese majeste law is a problem.

More than 50 international scholars and dignitaries have signed a letter to the Thai Prime Minister calling for reform of the lese majeste law. The letter comes after a spate of lese majeste cases in Thailand and moves by the Thai government to restrict internet discussion of the royal family.

Initial signatories to the letter include leaders in human rights and civil liberties, world class scholars, leading legal scholars, and leading international scholars of Southeast Asia and Thailand. The press conference will be conducted via internet (Skype).

Speakers:

• Dr. Thongchai Winichakul from Madison, Wisconsin

• Dr. Andrew Walker from Canberra, Australia

From the gutter to the sewer

*all photos copyright*

As outlined by Awzar Thi over at the Rule of Lords, Thailand's human rights reputation has been in serious decline.

Citing the The Asian Legal Resource Centre (ALRC), the main issues are:

• Repeated overthrow of elected governments by antidemocratic forces
• Large-scale public criminal activity not followed with investigations or prosecutions
• Internet censorship and lese majesty witch-hunt
• Threats to human rights defenders
• Refoulement, murder and impunity on the high seas

The ALRC declares that these abuses indicate a 'rise of the internal-security state and decline of human rights' since the 2006 military coup d'etet.

But I dont think blame solely rests with the junta or the ultra-nationalist forces. Yes, things are much worse now, but Thailand's human right's downward spiral began with Thaksin.

Which Thi summarizes as:

"All this [the above listed offenses] and more is being put before the current sitting of the Human Rights Council. Ironically, back in 2006 before the coup Thailand tried to get a seat on the council. It failed then not because of poor diplomacy, as it claimed, but because after five years of government under Thaksin Shinawatra its rights reputation was in the gutter. It is not in the gutter any more. Now it’s in the sewer."

I couldnt agree more, Thailand's human rights reputation was already soiled by Thaksin, and what we are seeing now is simply a bad situation getting worse and worse.

And as Thailand's international reputation sinks, anti-foreign sentiment grows.

Issues like the military's persistent torture and murder in the South, PAD's lawlessness on the Bangkok streets, the Rohingya being cast off to their death in the ocean are now being discounted as some sort of foreign conspiracy to discredit Thailand international reputation.

Like the xenophobic comments by Col Manas Kongpan - regional commander of the Internal Security Operations Command - when queried about the death of the Rohingya: "They all [news reports] come from journalists who have problems with Thailand and just want to slander us,"

So instead of cleaning up a seriously disgraced human rights record and restoring international confidence in Thailand, it is easier for narrow minded xenophobes to concoct a ridiculous conspiracy theory.

And anti-foreign statements like this simply highlight the downward spiral of Thailand's international human rights reputation that was in the gutter with Thaksin, but is in the sewer with the military.

More from Giles

Giles is back and has some interesting quotes.

First, from the Guardian, titled "Thailand's battle for democracy":

"Five years ago, Thailand had a thriving and developing democracy with freedom of expression, a relatively free press and an active civil society, where social movements campaigned to protect the interests of the poor. Today, the country is creeping towards totalitarianism.

Since his (Thaksin's) overthrow and as a result of the prolonged crisis, a grassroots "red shirt" democracy movement has developed. They are moving beyond Thaksin. What is also amazing is that this is becoming a republican movement because of the actions of the military and the PAD in dragging the monarchy into politics."

Not sure how the rest of the Red Shirt movement is going to appreciate being labeled as republican. But in a country where there is simply no honest discussion of the monarchy, it is hard to say whether there is actually support for a republic. If the Red Shirts quietly adopt this, fracture into different groups, or distance themselves from republicanism will be the only way to really see if Giles is correct about it becoming a republican movement.

Regardless though, royalists will be boiling with violent rage over this and the likelihood of clashes between Yellow Shirts and Red Shirts seem certain.

And over that the New Mandala, there is part one of an interview with Giles. Some of the more interesting quotes:

"But I was not going to leave the country with my tail between my legs, I was not going to run away. Once, I left the country, I decided to fight back without any restriction. I wrote the notes of the Manifesto on the airplane I flew from Bangkok to London.

I felt that really it was necessary for someone to say those things because it was in the mind of thousands of people in Thailand but nobody has said it.

What is interesting is that this Manifesto, in a Western European context, is not very progressive. It is normal. In a Thai context, however, it is explosive. I think that indicates the difference between the amount of democracy in Thailand and the amount of democracy in Britain or Western Europe.

I think the whole situation in Thailand has reached what I would describe as a civil war. It might not be a violent civil war, but it is a civil war of ideas between two sections of society. And the Red Shirts section is rapidly becoming republican. So, really, people want to move beyond just fighting Lese Majeste, and talk about political reform. I think people are ready for that.

I think that the monarchy must be feeling insecure. Even more important, I think that the military and those that have in the past enjoyed undemocratic power but claimed legitimacy from the monarchy are really very, very scared that when this King dies, their legitimacy will evaporate because they are not going to be able to claim the same legitimacy from the Crown Prince."

I am not necessarily in agreement with Giles but I certainly appreciate his decision to fight back and to force discussion on the monarchy.

He is certainly right about his manifesto not being progressive in Europe, but it is nothing short to seditious in Thailand.

"Thai Law" from Al Jazeera

There are reports that the Ministry of Information and Communication Technology, or MICT is attempting to block all access to Professor Giles Ungpakorn's incendiary 'Red Siam Manifesto.


From Prachatai:

Aree Jiworarak, Director of the Information Technology Supervision Office under the Ministry of Information and Communication Technology, sent e-mails to executives of internet service providers (ISPs), saying that the Office had found there was a publication disseminated on the internet called the ‘Red Siam Manifesto’ which affected national security.

He asked for their cooperation in ‘keeping watch for the circulation of the article. And if your systems can enable filters to prevent access to it, please do so, as that would greatly benefit national security. Please act urgently.’

This above Al Jazeera video is rumored to be blocked already by a few Thai ISP's. But, at the time of posting, it was still available.

The real question though is how long MICT will attempt to stifle the internet because a simple search for 'Red Siam Manifesto' in quotes found 1990 sites...and counting.

And this simply reaffirms the uselessness of lese majeste laws, the more you try to suppress information, the more curious people will be about it.

Red Siam Manifesto

From the Guardian UK: British professor flees Thailand after charge of insulting king

A leading Bangkok-based professor who has joint British and Thai nationality fled Thailand at the weekend in the face of a lengthy sentence under the country's draconian lese-majesty laws, which forbid criticism of the king.
...
"I did not believe I would receive a fair trial," said Ungpakorn
....

He said that the charges arose out of eight paragraphs in the first chapter deemed insulting to King Bhumibol. He claimed that the director of a university bookshop stocking his book had informed the special branch that it "insulted the monarchy". The offending paragraphs deal with incidents around the coup.

"It is clear that the charge is really about preventing any discussion about the relationship between the military junta and the monarchy," Ungpakorn said. "This is in order to protect the military's sole claim to legitimacy: that it acted in the interests of the monarchy."

As was the case of Harry Nicolaides, it is not a matter of a free trail but an attempt to stifle discussion on the monarchy.

But Professor Giles has gone much, much further. He has now released the "Red Siam Manifesto" and its now not just a matter of lese majeste but a call for revolution.

The contents, which I will not link to because of my own genuine fear of lese majeste, can now be found all over the internet in both English and Thai.

As we all know, the consequences draconian laws that stifle usually result in increased attention and readership of offending writings. This, of course, has the opposite result of what the authorities want - increased readership of lese majeste writings.

But there are two much more serious implications this time.

The first is that the international press is reporting that a prominent academic has fled Thailand claiming political repression. Thailand's increasingly ugly international reputation is seemingly in free fall.

The next, and much more serious, is that repression has resulted in a call to resistance. And for a nation which genuinely loves the King, it is simply stunning.

And this is the true failing of lese majesty, because it is a tool most often employed by shady politicians, it has backfired and has sown the seeds of dissent.

This conflict is going to going to be nasty.

New, easy, legal tools for circumventing Internet censorship

With lese majesty laws reaching a fever pitch in Thailand, there is some helpful advice from Freedom Against Censorship Thailand (FACT):

Thailand's Ministry of Information and Communication Technology, the Official Censor of the Military Coup, has blocked at least 17,775 websites which, along with blocking by the Royal Thai Police, resulted in more than 50,000 websites blocked in Thailand. Public webboard discussions, circumvention tools, voices from Thailand's Muslim South and critical commentary of Thailand's monarchy were particularly targetted for censorship.


Thailand's military government also passed a Computer-Related Crimes Act with draconian penalties and onerous data retention provisions abnegating privacy and anonymity and chilling public discussion of vital issues among Thais. The result of this cybercrime law was to criminalise circumvention with one notable exception, the Virtual Private Networks (VPN) relied on by business to create a secure, private, encrypted channel.


Freedom Against Censorship Thailand (FACT) is pleased to provide links to two new, easy tools for private citizens to legally ignore Thailand's Internet censorship. Virtual Private Networks have been complicated to set up and difficult to maintain. However, with these two free, public tools, VPN is available to everyone.


Your own private network is located overseas beyond the reach of Thai censors using an encrypted tunnel so that governments and ISPs won't even be able to see where you're surfing. Unlike anonymous Internet proxies, criminal under the cybercrime law, using VPN makes streaming video and audio freely available.


Two simple, free VPN applications are HotSpot Shield (Mac and Windows) <http://www.hotspotshield.com/

, AlwaysVPN (Mac, Windows, Linux) <http://alwaysvpn.com/index.html> and Social VPN (Windows, Linux) http://socialvpn.wordpress.com/. Run the installer and they just work with one click every time you get to a blocked website.


The United States has plans to create a national broadband network which will censor all "pornography" and Australia is planning on spending $189 million on a firewall to ensure pornography cannot be accessed there.


Both Sweden and England have announced plans to capture every electronic communication passing their borders.


The Thai government has announced plans to set up a national firewall to block l?se majest? content along with "pornographic, obscene and terrorist websites" with a budget of 100 to 500 million Thai baht or $2.9 to $14.6 million. Current law requires government to obtain a court order to block websites. This is most often accomplished by rubber-stamp orders. The new censorship plan would illegally block websites without court order.


Can any country afford such measures to censor free expression?


Would this money not be better spent on amazing Thailand's amazing social crises, such as peace, justice and reconciliation in the South, or even Internet education?


Thailand's prime minister deposed by fiat had plans to block 800,000 websites here. His legacy in the current government claims to block "only 2,300" sites, emphasising censorship of sites critical of Thailand's monarchy with plans to block a further 400. A video insulting the Thai King resulted in a seven-month ban on YouTube by the coup government. This ban resulted in dozens of copycat videos.


Google cooperated with the Thai government's requests in secret, creating geolocational blocking; when users attempt to access a blocked video, a message states, "This video is not available in your country," and occurs along with government redirection by transparent proxy. Much of the Internet censorship is directed at the dozens of videos satirising, criticising, insulting, demeaning, defaming or merely commenting on Thailand's monarchy, particularly the prolific and irreverent StopLeseMajeste YouTube channel.


There are now wholesale accusations of l?se majest? in Thailand with each faction claiming to act for the protection of the monarchy. Two webboard forum posters were arrested under the cybercrime law for their comments about the monarchy after being tracked by their IP address. At the time of King Bhumibol's 60th anniversary celebrations, there were more than 60 persons under charges of l?se majest?. Currently there are at least 34 charged but this figure is misleading as accusations of l?se majest? have resulted in numerous bans of critical media, including books, film, television, radio and websites.


The King himself has invited criticism but Thai people love their King but never listen to his words. L?se majest? charges always result from petty bureaucrats and policemen.


Governments believe they can censor free speech with impunity. VPN proves they cannot.



HotSpot Shield (Mac and Windows) <http://www.hotspotshield.com/>

AlwaysVPN (Mac, Windows, Linux) <http://alwaysvpn.com/index.html>

Social VPN (Windows, Linux) <http://socialvpn.wordpress.com/>

Press Statement Professor Giles Ji Ungpakorn Regarding Lese Majeste charges

I have previsouly blogged about professor Giles Ungpakorn's book 'A Coup for the Rich' which I wrote:

"His unprecedented questioning of the monarchy is nothing short of breath-taking.

In a climate of fear where any rational questioning of the monarchy has the very real possibility of leading to a prison term it is important to have an academic brave enough to raise important issues that are essential elements to resolving Thailand’s political quagmire."

Now, of course, Giles has come up against Thailand's draconian lese majesty laws.

Which you can read about here at the BKK Post:Giles faces lese majeste charge

And below is his press release.

It is easy to see that Giles is going to bring an enormous amount of publicity to this in which his book and his ideas on the monarchy will be further disseminated. This is, of course, shows just how futile it is trying to censor freedom of expression and just how shameless and antiquated lese majesty laws are.

From Giles:

As you know, I have been summonsed to Pathumwan police station for questioning at 10.00 am on Tuesday 20th January 2009. I have been accused of Lese Majeste. The charge arises from my book “A Coup for the Rich”, published in 2007. Those found guilty of Lese Majeste face a heavy prison sentence.

1. The Lese Majeste Law in Thailand does not allow the for the proper functioning of a Democratic Constitutional Monarchy, since it restricts freedom of speech and expression and does not allow for public accountability and transparency of the institution of the Monarchy. The Thai population are encouraged to believe that we live under an “ancient system of Monarchy”, a cross between a Sakdina, Absolute and Constitutional Monarchy system.

2. The use of the Lese Majeste Law in Thailand is an attempt to prevent any discussion about one of the most important institutions. It attempts to prevent critical thought and encourage a system of “learning by rote” among the population. For example, once the Monarch has given his blessing to the “Sufficiency Economy”, we are all supposed to accept it and praise it without question. Luckily, this type of brain-washing does not work very well in Thai society, for a society which cannot openly discuss economic and political policies will remain backward and under-developed.

3. The Military often claim that they are the “defenders of the Constitutional Monarchy”, yet the Thai Military has a long history of making un-constitutional coups. These are often “legitimised” by claiming to protect the Monarchy. The 19^th September 2006 coup is a good example. Rather than defending the Monarchy as such, the military sought to legitimise themselves by referring to the Monarch. The Lese Majeste Law is thus used as a tool by the military, and other authoritarian elites, in order to protect their interests instead of preserving the Constitutional Monarchy. The promotion of an image that the Monarchy is all powerful (an un-constitutional image), is part of this self-legitimisation by the military and other forces.

4. Constitutional Monarchs in most democratic countries enjoy stability while being subjected to public scrutiny. Therefore we must conclude that the Thai Lese Majeste Laws are not in place in order to bring stability to the institution, but serve another purpose.

5. Those who charge me with Lese Majeste are doing so because I have shown a principled and unyielding opposition to military coups and dictatorships. Many other activists are facing similar charges for the same reason. We must not forget their plight. We must wage an international and national political campaign to defend democratic rights in Thailand and for the abolition of the Lese Majeste law.

My book “A Coup for the Rich”

I wrote and published this book a few months after the 19^th September 2006 military coup. The book was an attempt to write an academic analysis of the Thai political crisis from a pro-democracy point of view. While constantly criticising the Thaksin government’s gross abuses of Human Rights, I argued that the coup was totally unjustified. I argued that those who supported the coup: the military, the PAD, disgruntled businessmen, neo-liberals and conservative civil servants, were united in their contempt for the poor. They have no faith in democracy because they believe that the poor do not deserve the right to vote. They also hate Thaksin’s party because it could win elections, while they could not.

Another important theme in my book is the questioning of the perceived “fact” that the crisis was a result of a dispute between the Monarchy and Thaksin. It is this argument of mine that may have enraged the military most of all, since they wished to use Royal legitimacy for their coup. I also attempted to stimulate a discussion about whether a Constitutional Monarchy should defend the Constitution and Democracy. In another section of the book I tried to paint an historical account of the Monarchy and to argue that it is now a modern institution, not a feudal one.

I have now sold all 1000 copies of “A Coup for the Rich”, but it is available to download from my blog http://wdpress.blog.co.uk/ and from the International Socialist Tendency website in the U.K. Just after publication, the book was withdrawn from sale by Chulalongkorn University bookshop and later by Thammasart University bookshop.

I reject totally the accusation that I have committed any crime by writing and publishing this book. I am prepared to fight any Lese Majeste charges in order to defend academic freedom, the freedom of expression and democracy in Thailand.

Since this accusation was filed by a Special Branch officer, the present Democrat Party Government should be questioned about its role in this and many other cases. The new Prime Minister has stated that he wants to see a firm crackdown on les majesty and many recent cases have been filed by the police.

Giles Ji Ungpakorn

13 January 2009

What you can do

1. Write a letter of protest/concern to Prime Minister Abhisit Vejjajiva, Government House, Bangkok, Thailand. Fax number +66(0)29727751

2. Write a letter of protest/concern to the Ambassador, The Royal Thai Embassy, in your country.

3. Demand that Amnesty International take up all Les Majesty cases in Thailand.

4. Demand the abolition of the les majesty law.

Protesters put royal picture in wrong spot

*Image captured from Thai PBS showing PAD thugs firing a handgun while one hoists a picture of the King. Vibhavadi Road November 25, 2008. The video can be seen here. *

From the Bangkok Post:

The United Front of Democracy against Dictatorship (UDD) has been condemned for placing a picture of Their Majesties the King and the Queen alongside an offensive slogan.

Its leaders could be charged with lese majeste.

The picture was placed next to a slogan reading "Privileged People ... Thief" in the background on the UDD's rally stage outside parliament yesterday.However, it was later removed from the stage.

Suriyasai Katasila, a coordinator of the People's Alliance for Democracy (PAD), deplored their action as disturbingly inappropriate.

I guess the above picture of a PAD thug shooting at people on the streets of Bangkok while a picture of the king is held behind him is not disturbingly inappropriate?

More lese majeste charges

* all photos copyright*

Royal propaganda posted by the PAD mob during their siege of Government House November 23rd, 2008.

More lese majeste charges are being launched against the foreign media.

Such archaic laws keep Thailand proudly in league with beacons of freedom like Egypt, Kazakhstan, Zimbabwe, and Belarus.

From the CPJ:

The Committee to Protect Journalists condemns the ongoing legal harassment of BBC correspondent Jonathan Head. Police Lt. Col. Wattanasak Mungkandee filed a third criminal complaint this year against Head on December 23, alleging he had insulted the Thai monarchy in his reporting.

And an email from the Foreign Correspondents Club Thailand:

Suspension of DVD sales of Dec 9 event

The FCCT regrets to announce that since the Dec 9, 2008 event ''The State of Politics and the Way Forward for Thailand '' is apparently the subject of a police inquiry, the Executive Committee deems it appropriate to suspend the further distribution of the DVD recording of the event with immediate effect.

We would like to take this opportunity to inform members that DVD recordings of Club events have been misused by certain individuals with their own agendas, in a way that compromises the free speech values the media community and the FCCT stand for. Members are advised to be cautious in and if possible refrain from, sharing or lending DVDs of Club events.

And an example of a BBC article that inspired lese majeste:

"The PAD has justified its actions as being in defence of the monarchy, and the king's portrait has been displayed prominently during all its protests.

Senior figures close to the palace have openly supported the movement.

When the queen offered to preside over the funeral last month of a PAD protestor killed during clashes with the police, it appeared to be a tacit blessing for the movement.

Some in the government even believe the revered king may be backing the movement, although at the age of almost 81 this seems unlikely.

Hard evidence is difficult to come by. But people's actions in Thailand are now being driven as much by what they believe as what they know to be true.

The government and its rural followers believe there is a palace-army-elite conspiracy to rob them of their electoral mandate."

And some comments from the Bangkok Pundit on these recent charges:

"The thing with lese majeste complaints is that someone makes a complaint against you, no matter how flimsly the charges, any prudent person has to hire a lawyer (when the offence carries a jail sentence of 3-15 years do you really want to dismiss it?). You'll have to go to the police station, be interviewed etc. If you are unlucky enough you might not even get bail pending trial. These are all risks. What about the complaint? It costs them nothing. They are free to go on their merry way to think up more ways to lay charges.

Curiously, the BBC doesnt report this story. Do their editors think that one of their correspondents being charged with a law that contradicts freedom of speech is not a story?

Australian author denied bail for the fourth time

* photo copyright*

Royal Guard on parade. November 23rd, 2008.

I see red when Thailand's draconian lese majeste laws are used.

The monarchy is going to be a key point in the looming political crisis and shameless lese majesty laws will likely flourish.

And as a demonstration of how scared the Thai press is, both the Nation and the Bangkok Post have failed to take up the story on Harry Nicolaides.

While Thailand's international reputation has been dragged through the gutter by the violent antics of PAD and a questionable legal system, holding a prisoner over a freedom of speech issue is further suggestion that although Thailand is not a failed state, it is a state that is failing.

From Freedom Against Censorship Thailand:

FACT comments: We think it important to point out that Harry was held without charge for 82 days. He was denied bail three times on no charges! The Thai reasons for not granting Harry bail is precisely because other foreigners have fled, though none on criminal charges of lese majeste come to mind. Were Harry to flee, it would present a dangerous precedent for other foreigners to follow.

And from Reporters Without Borders:

Reporters Without Borders repeated its call for the release of Australian author Harry Nicolaides, facing a charge of the crime of lese-majesty, after he was yesterday refused bail by the Bangkok criminal court for the fourth time.

Nicolaides, aged 41, who was formally charged on 21 November 2008, has been held at the capital’s remand prison since 31 August. The charge relates to his book, Verisimilitude, which came out in 2005 in which he referred to the way an unamed Crown Prince treated one of his mistresses. Only 50 copies were ever printed. “We urge the Australian authorities to do everything within their power to secure the repatriation of Harry Nicolaides as quickly as possible”, the worldwide press freedom organization said.

“He is being held in very harsh conditions and his morale is at a very low ebb.” His lawyer made a previous request for bail on medical grounds on 22 November. It was rejected on the basis that there was a risk that Nicolaides could flee if he was set free. His brother, Forde Nicolaides, described the outcome as “regrettable”. “Harry is suffering from the difficult conditions at the prison and the terrible effects this is having on his welfare. [...] Ensuring his ability to cope and remain strong is now critical.”

Visit Reporters Without Borders here.

End of the royal taboo?

* photo copyright*

I aint afraid of a pink hat...but I am afraid of Thailand's draconian lese majesty laws. Royal Guard on parade November 23rd, 2008.

Over at the New Mandala, they ask the tantalizing question whether or not we can start talking about the Thailand's unmentionable institution.

This post is, of course, a little dated but this topic is of paramount interest and importance.

For something newer and more lese majestelicious: That is why the taboo must be broken

When Proxies go to War

*All photos copyright*

Pro-Government supporters cheering Police General Salang Bunnag at Royal Plaza, October 22, 2008.

Retired police General Salang has been repeating his threats to oust the People's Alliance for Democracy (PAD) protesters from Government House and with a strange twist.

From The Nation:

"Salang said he would seal off Government House to starve off the protesters, who would be denied supplies of food and water for three days.

He said friendly foreign countries have agreed to supply him with the weapons, which would be used in the operation that would not create any loss of lives.

He declined to name the foreign countries or the details of his operation to reclaim Government House from the protesters."

And what 'friendly foreign country' would actually supply weapons to a former police general?

None of course, that is nonsense.

But, in the same way that PAD's million-baht-a-day protest enjoys certain royal patronage, there are other interested stakeholders who would happily arm Salang's vigilante group.

Its not simply that Thailand is awash with weapons anyway or that it is unlikely a difficult thing for former police officer to have access to the state's armories or that small arms dealers feeding insurgent armies in Burma would happy to sell arms or that Cambodia's small arms markets could supply countless weapons or even, god forbid, those Chinese-made 'non-lethal' tear gas grenades that proved to be seriously lethal might find their way back into use but it is more likely that Salang will be armed from the pro-government camp.

And by pro-government, that could simply be the government itself.

Given that the floundering government has lost much legitimacy over the violence that erupted on October 7th it is unlikely that they would risk another confrontation.

But a proxy militia – either funded by the government itself or by a certain unmentionable faction of an unmentionable institution – could certainly be employed to go to war with PAD.

Lèse majesté and Harry Nicolaides

*all photos copyright*
Rama 5 (King Chulalonkorn) statue worship near Government House.

Over at the New Mandala there is an important discussion about Thailand's draconion lèse majesté laws.

The article, written byAndrew Walker and Nicholas Farrelly, is well written, articulate and I post it here because of how important this issue is in Thai society.

The whole article can be read bellow or at New Mandala here.

In Thailand the legal system seeks to ensure that public comment about the monarchy can only be favourable. Under the lèse majesté provision of the criminal code, any action that insults or disrespects the royal family can bring a sentence of up to 15-years behind bars.

The most recent victim of this law is Melbourne man Harry Nicolaides, who has worked in Thailand as a university lecturer and freelance writer. He was arrested at Bangkok airport on 31 August 2008. As Nicolaides continues to languish in a Bangkok prison cell, the use and abuse of the lèse majesté law has received a modicum of worldwide scrutiny. However since 21 September, Nicolaides’ case has been completely out of the news.

He has been quietly forgotten.

Lèse majesté is a weapon used to defend the perceived honour of Thailand’s royal family. According to Paul Handley, the author of an unauthorised 2006 biography of the king, “[i]n Thailand, all that truly stands between royal virtue and London-tabloid-style media treatment is the lèse majesté statute.”

Since Handley’s controversial book–which is banned in Thailand–there have been a number of high-profile cases of lèse majesté involving foreigners. The two most recent instances where accusations have been levelled at non-Thais are illustrative of the problems with implementing this law.

In December 2006 Oliver Jufer was charged with the offence after defacing images of the king in Chiang Mai during a drunken spree. He was held for four months without bail, and after a quick trial was sentenced to ten years in prison. Jufer served another few weeks before he was pardoned by the king and deported to his native Switzerland.

At the time, outrage about his draconian treatment for an act of immature vandalism led to even more outlandish attacks on the Thai monarchy. There was a flurry of provocative and childish online protests that used the global reach of the YouTube video-sharing website to mock the Thai royals. In response, the Thai government banned YouTube. This sparked further international bemusement and condemnation. To conform to local expectations of fair comment, YouTube is today only available in Thailand in filtered form.

Since the Jufer fiasco, in April 2008 the BBC’s Bangkok correspondent Jonathan Head has been embroiled in a lèse majesté fight of his own. He has not been charged but is the subject of ongoing investigations. Head’s case is related to that of Jakrapob Penkair, an outspoken critic of military intervention in Thai politics and an eloquent ally of deposed former Prime Minister Thaksin Shinawatra. Comments made to the Foreign Correspondents’ Club of Thailand during 2007 landed both men in trouble.

When only Thais are involved, lèse majesté does not get as much attention. But one case that has entranced the international press involved student activist and social critic, Chotisak Onsoong. Earlier this year he was charged with lèse majesté after refusing to stand during the playing of the king’s anthem at a Bangkok cinema. Almost unique among recent lèse majesté cases, Chotisak welcomed the charge with further acts of public defiance.

The view of the king himself on lèse majesté is not completely clear. In his 2005 birthday speech he cautioned against the over-exuberant use of this criminal provision. Nonetheless many factions within the Thai elite continue to indulge in episodes of lèse majesté accusation and counter-accusation to score political points.

The king’s formidable media management apparatus is apparently comfortable with this situation. While he may have some personal reservations, the king has yet to make any explicit recommendation that lèse majesté be abolished. Perhaps it remains too useful as a tool for stifling open public debate about the role of the royal family in national political and economic life. Lèse majesté helps guarantee an unrelenting public diet of positive royal news.

In Thailand, it is even hard to report the details of a lèse majesté charge without fear of sanction. Detailed reporting runs the risk of repeating the offence. Self-censorship reigns. So Harry Nicolaides will be unlikely to ever see substantial details about his case published in the Thai media.

Hopefully foreign journalists will exercise their greater freedom to report on his predicament. Some, including the BBC’s Jonathan Head, The Age’s Peter Gregory, Reuters, the Associated Press and Reporters Without Borders have already made important contributions. But for the past two weeks there has been silence.

All reports suggest that the charge relates to a passage in an obscure book published by Nicolaides that describes the rather flamboyant private life of a Thai prince. This may have been an error of judgement on Nicolaides’ part but it does not, in any way, justify his current treatment. Respect for other country’s legal systems is all very well. But this is a law that silences Thais and foreigners alike. It prevents what we would regard as perfectly normal, if somewhat prurient, reporting on royal lives. More importantly, it muzzles public discussion of a range of issues that lie at the heart of Thailand’s ongoing political crisis.

The Australian media could be doing more to highlight the plight of Nicolaides and to open up broader regional discussion on this outdated taboo.