Showing posts with label Lèse majesté. Show all posts
Showing posts with label Lèse majesté. Show all posts

Friday, May 08, 2009

Fear and loathing marks Thailand’s malicious monarchy

May 7, 2009
Tribune Magazine (UK)

Thailand’s monarchy is an affront to democracy. James Anstruther reports on how King Bhumibol Adulyadej crushes all dissent

THE King of Thailand, Bhumibol Adulyadej, is apparently thinking about going on a state visit to India. This is unusual, as the 82-year-old monarch largely gave up on such foreign trips in the 1960s. Even before then, he only went to see allies who would be useful in the Cold War fight against the left. Thus, while he visited South Vietnam in 1959, he has never been to North Vietnam or even Thailand’s neighbours, Laos and Cambodia.

He is understood to feel that his dharma-raja, or kingly virtue, is required at home to protect his kingdom from unseemly division and tribulation – such as the political crisis that has been played out on the streets of Bangkok for the past three years. But he could be about to make an exception for India, which he previously shunned because of its left-wing politics and friendship with the Soviet Union.

It is from India that Bhumibol’s kingly virtue derives. He is regarded by his supporters as a personification of the Hindu god Narayana (an avatar of Vishnu). The Hindu tradition is overlaid on an otherwise Buddhist monarchy.

And there is much need of the king’s dharma at home. After all, there have been frequent coups since Bhumibol ascended the throne in 1946 following the death from gunshot wounds of his brother, who had been king for just three months. Bhumibol, who in common with many Thais is very keen on firearms, was in the palace at the time, but has never been publicly blamed for the shooting.

Not all of the coups since his accession have had the king’s approval. However, the most recent one, in September 2006 against Thaksin Shinawatra, the country’s only genuinely elected prime minister, most definitely did.

The king is usually described in Thailand as a constitutional monarch, but there have been 17 written constitutions since the supposed end of absolute monarchy in 1932. These constitutions usually specify a parliamentary system, but some have required a military dictatorship. But they all feature the semi-divine nature of the king and all include provisions for lèse-majesté – a ban on insulting or even criticising the monarch, his immediate family or the institution itself.

In recent years, it has never been the king himself who institutes lèse-majesté proceedings, as this can safely be left to politicians, generals or even members of the public. The accusations come in vast numbers and the police are required to investigate all such tip-offs, however petty they may seem. The minimum sentence is three years in prison. While only those cases featuring unfortunate foreigners are widely reported abroad, jail sentences for Thai citizens committing lèse-majesté are usually harsher than those for foreigners.

Bhumibol was born in the United States while his father was studying at Harvard. He spent the Second World War at school in Switzerland. To act as his latest prime minister he has turned to another foreign-born Thai, the 44-year-old Abhisit Vejjajiva, the son of a Wallsend doctor. Abhisit, who was educated at Eton and Oxford, is apparently a good friend of Boris Johnson – although it is difficult to say which of the two has more to be ashamed of here.

Thaksin, the prime minister overthrown by the last coup, was the country’s first modern politician. He actually went campaigning for votes rather than politicking in Bangkok drawing rooms. His was the only government ever to have had an absolute majority in parliament, and it brought in a series of highly popular measures to alleviate rural poverty. Thaksin set up the country’s first universal healthcare programme.

A former policeman who had become a billionaire businessman, Thaksin has a little reminiscent of Italy’s Silvio Berlusconi about him and his policies were not always well thought-through. His highly confrontational actions against Muslim separatists in four southern provinces, along with a violent and unrestrained anti-drugs campaign, led to many avoidable deaths. But he was hugely popular in the countryside, with his triumphant re-election in 2005 attracting the highest voter turnout in Thai history.

It was not his policies that led to Thaksin’s downfall. In fact, it was his very popularity that sealed his doom. As he could not be beaten at the polls, a coup was only way to get rid of him. The generals accused him of corruption and, of course, lèse-majesté. His travels around the country in search of votes were making him popular. And being popular was the role of the king, not a politician, a mere commoner and particularly not of someone with Chinese blood. This meant he wanted to overthrow the king and set up a republic – or so it was claimed.

The generals ruled by themselves for more than a year, before establishing yet another constitution and holding new elections. They banned Thaksin’s party, but its successor grouping still managed to win.

The new government was under persistent attack from far-right royalist thugs and was harried from pillar to post. Eventually, a few of its parliamentary supporters were bought off. Reports suggest that some of them might have received payments of $3 million each to switch sides. And so Abhisit, the 44-year-old Old Etonian, was appointed premier. The party he leads, the Democrats, is Thailand’s oldest, having been established in 1946 to champion the cause of Thai royalty.

Since the coup, Thaksin has been on the run from Thai prosecutors and their army backers, who have convicted him in his absence. Nominally because of that conviction, he was banned from visiting Britain after the Thais applied diplomatic pressure. What, you might ask, was the concept of political asylum invented for?

Thaksin, who now travels on a Nicaraguan diplomatic passport, has been seen in places such as Hong Kong and Dubai, from where he speaks by video-link to vast crowds of his Thai supporters, who are demanding fresh elections to choose a government with a genuinely popular mandate.

They are unlikely get these elections until the present government finds some way of preventing Thaksin’s allies from winning. Meanwhile, the supposedly pro-business Democrat regime presides over a downward economic spiral.

But the elderly king cannot last forever. Might his successor usher in a new era of calm, democracy and prosperity? That is very unlikely. Like so many of the Thai elite, the heir to the throne, the thuggish Vajiralongkorn, now aged 56, went to a fee-charging school in England – Millfield, which has “non-academic” selection criteria.

He is loathed and feared throughout Thailand – although he, too, is covered by the lèse-majesté laws. He is going to need them.

James Anstruther is a journalist who worked in Thailand until recently. This is an assumed name

Wednesday, January 07, 2009

Sacrava website officially blocked in Thailand for lèse-majesté: Thai DemoCRAZY?

Sacrava's cartoon deemed offensive on Thailand's monarchy

07 January 2009
KI-Media

On 20 Dec 2008, Wikileaks.org released the secret internet censorship lists of Thailand's Ministry of Information and Communication Technology (MICT). The list was obtained by advisory board member CJ Hinke, director of Freedom Against Censorship Thailand. Among the 1,203 newly blocked websites feature Artist U. Bun Heang's Sacrava website whose cartoons were deemed lèse-majesté to Thailand's monachy. It is quite a feat indeed for our Cambodian born artist!

Friday, September 07, 2007

King Father Sihanouk holds ECCC at bay

Samdech Head of State Norodom Sihanouk visits Cambodian Liberated Zone: on Stung Treng-Phnom Penh Highway, Samdech Norodom Sihanouk, Princess Monique Sihanouk, Deputy-Prime Minister Khieu Sam Phan, and Mr. Hu Nim stop at a milestone. The inscription in the Cambodian Language says Phnom Penh 525 km. (Photo: Virtual Vietnam Archive)

By Cat Barton
Phnom Penh Post, Issue 16 / 18, September 7 - 20, 2007
"He is the Father of the Nation" - Son Soubert

"If he were to face cross examination as a witness the King Father could be made to reveal something people would rather remain hidden. It could be like opening Pandora's box." - Lao Mong Hay
King Father Norodom Sihanouk has held so many positions since 1941 that the Guinness Book of World Records identifies him as the politician who has occupied the world's greatest variety of political offices.

Now, his latest position as King Father has raised a new controversy regarding whether he can be required to testify about his knowledge of the Khmer Rouge era at the long-delayed trial.

Although some contend that Sihanouk's continuing head of state immunity is "illegitimate, unconstitutional and indefensible," leading members of the CPP and FUNCINPEC both said the former King is protected by the principle of lèse majesté and cannot be called to testify.

"He is the Father of the Nation," said Son Soubert, King Norodom Sihamoni's appointee at the Constitutional Council. "Even though he is retired, he retains the status of Head of State and so the King Father is not obliged to testify at the court unless he decides to from his own will."

Sihanouk, 85, retired by officially abdicating as King on October 7, 2004. His son Norodom Sihamoni was later named King to succeed him.

Upon his abdication, the Cambodian parliament conferred upon Sihanouk the title of "Great and Valorous King" enabling him to retain the same privileges and immunities as those constitutionally conferred upon the reigning monarch. This was subsequently enshrined in the Law on the Titles and Privileges of the Former King and Queen of Cambodia on October 29, 2004.

This week the Asian Human Rights Commission (AHRC) issued a statement saying that parliament cannot confer such immunity. "Our constitution bestows on the King, the reigning King, immunity," said Lao Mong Hay, senior researcher at AHRC. "No one else has this immunity. Even with a constitutional amendment there would be no moral authority to the immunity obtained, and to go down this path would set a very dangerous precedent."

Sihanouk has not yet been called upon by prosecutors at the ECCC to testify.

But he stirred up the matter himself August 30 by sending an unusual invitation to Peter Foster, the United Nations Assistance to the Khmer Rouge Trial (UNAKRT) spokesman. The invitation asked Foster and anyone else interested at the UN to come to the Royal Palace for a "conversation" on "the affairs of the Khmer Rouge and Sihanouk." The invitation is for Saturday September 8, from 9 to noon.

"After this it will no longer be necessary for me to present myself before the UN's ECCC," the invitation said. The note added that if the UN did not accept the invitation to meet Saturday, the King Father "will not accept to see, speak or correspond with the UN's ECCC."

Foster said this week the UN responded to the King Father's invitation on Thursday, but the contents of the response weren't made public.

"I have not been authorized to take part in such a discussion," Foster told the Post on September 5. "It is not up to me personally - this is not an issue between me and the King Father, it is a judicial issue."

In a September 5 statement, the King Father complained that the ECCC wanted him to "take an oath to tell the truth, nothing but the truth on the subject of arch criminals."

"My 'oath'...I have taken already, today, in front of five superior Buddhist Monks and especially in front of statues and statuettes of Buddha. I do not have to swear an oath after [the one I swore] with Buddha, to debase myself to take an oath in front of the ECCC."

"Concerning the Khmer Rouge atrocities when Pol Pot, Ieng Sary, and Khieu Samphan were in power....I know that these Khmer Rouge took away five of my children, 14 of my grand-children, the Prince N. Phurissara and [his] family, Prince S. Methavi and [his] family."

The King Father concluded by saying "I have already said everything. That means all that I know. I have nothing else to say to the UN's ECCC and so that they stop bothering me with this 'Khmer Rouge Tribunal Affair' I don't owe anything to the UN's ECCC."

But King Father Norodom Sihanouk has plenty to tell.

According to the Historical Dictionary of Cambodia, when his regime was overthrown by Lon Nol in 1970, Sihanouk was out of the country on his way to Beijing. The Chinese government offered him support to fight his way back to power.

From Beijing, he urged Cambodians to take up arms against Lon Nol and became president of the nominal Royal Government of National Unity of Kampuchea (GRUNK). Sihanouk spent most of 1970 to 1975 in Beijing.

When the Khmer Rouge captured Phnom Penh in April 1975, Lon Nol had already fled, but Sihanouk did not return to Cambodia immediately. He returned in September, according to the same source, as leader of GRUNK. But the KR dissolved GRUNK in 1976 and Sihanouk was largely under house arrest throughout this period.

In 1979 the king avoided capture by Vietnamese-backed invading forces by fleeing Phnom Penh with the withdrawing Khmer Rouge. He resurfaced in Beijing. He urged the United Nations not to recognize the new government of Heng Samrin. He later moved to Pyongyang as the guest of Kim Il Sung. Sihanouk returned to Cambodia in November 1991 and he became King in September 1993.

The King Father's invitation to Foster was triggered by an August 29 news report in which Foster said that it was up to the court's judicial officers to decide who to call as witnesses and who to indict. He was responding to the call by a little known U.S. based human rights NGO called the Cambodian Action Committee for Justice and Equality (CACJE) which issued a statement August 20 calling for the King's immunity to be overturned.

CACJE is run by Sourn Serey Ratha, former Editor-in-Chief of Beehive Radio. On its website, www.ssrth.wordpress.com, is a letter it sent to "Mr Norodom Sihanouk," questioning Sihanouk's role in the emergence of the Khmer Rouge. It claims he betrayed his people, provided "cheap" leadership and changed allegiances in an attempt to maintain a lavish Royal lifestyle.

"You never speak the truth," the letter reads. "Your actions should be judged by the Khmer people....In the next life you should be reborn in a country you have pleased more than Cambodia - Vietnam maybe."

Sihanouk had said previously that he would be willing to testify at a court so his new position represents a change of heart, said Mong Hay.

Soubert said Sihanouk's invite reflects a long-standing distrust of the ECCC.

"He believes that [the ECCC] will not really bring justice to Cambodia," he said. "He has always said he would rather have a court in The Hague."

Prince Sisowath Thomico, a member of FUNCINPEC, also said the King Father doesn't have much faith in the ECCC.

"He is protected by constitutional immunity so it would be unlawful for him to testify," Thomico said. "It is a problem of procedure - can the UN sponsored court even receive his testimony?"

Thomico said that the process of documenting what Sihanouk experienced and knew during the Khmer Rouge regime, even if it is done in an informal meeting, would further the broader aim of creating a historical record and furthering national unity.

But a conversation about what happened is not the same as being questioned under oath in a court room, said Mong Hay.

"This invitation is a political gesture on part of the king," he said. "It is not part of court procedure. If not done in court, the interviews or evidence provided at the time should not be taken to account, they will have no legal validity."

Mong Hay said the King Father doesn't want to testify because he might face difficult cross examination by foreign lawyers. "If he were to face cross examination as a witness the King Father could be made to reveal something people would rather remain hidden. It could be like opening Pandora's box." The fact the government has sprung to the defence of the King Father's right to immunity is a further indication he may have something to hide, said Mong Hay.

The President of the National Assembly, Heng Samrin, defended the King Father's right to immunity. Cheam Yeap, CPP parliamentarian, said it would be illegal to make him testify and that the King Father's offer to invite interested parties to meet with him is sufficient.