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by Sapna Sambyal - October 19

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Stop dictatorial law

 An editorial in a local Thai daily argues that the Internal Security Bill gives too much power to the prime minister to order in the troops, with no check and balance mechanisms

KAMOL HENGKIETISAK

The Internal Security Bill was finally submitted for deliberation in the National Legislative Assembly on Wednesday, November 7 after having been withdrawn three times previously due to fierce public criticism, noted a Post Today editorial, which added that the law would adversely affect all Thais throughout the country if it is passed.

The main criticism of the proposed law is that it gives too much power to the state. The prime minister, as the director of the Internal Security Operations Command, will have wide-ranging powers to authorise the military to undertake any operation merely by citing that the operation is needed to protect the country's security.

By Rajesh Kumar, Section News
Posted on Fri Nov 09, 2007 at 09:29:32 PM EST
The editorial noted that the law gives too much power to the prime minister to order in the troops, with no check and balance mechanisms, and that there is no specific limit to the powers exercised under this law, which makes it a very dangerous move.

Apart from the overwhelming power given to the premier, the Internal Security Operations Command is upgraded into an all-powerful agency, with the authority to order anyone to report to the centre for questioning, to detain arbitrarily, to search homes, to seize assets, etc. If misused, the law will certainly create problems.

Another concern for all Thai citizens is that the law gives military personnel impunity from disciplinary actions and prosecution in both civil and criminal courts. In short, an ordinary Thai citizen has no recourse to file a grievance in the Administrative Court or any other court. This provision provides an opportunity for state officials to use force indiscriminately or carelessly without having to fear any adverse consequences, said Post Today.

What one should realise is that once this law is promulgated, not only can the Surayud government use it immediately, other successive governments will also be able to do so unless there is an amendment to revoke it.

One should also not forget, said the editorialist, that even without this law, Thailand previously suffered under an all-powerful prime minister who often evoked executive powers to carry out his policies without any legal backup. Imagine what he could have done if this law had been available at the time.

The Post Today editorial vehemently opposed the proposed Internal Security Bill in principle, saying it would give overwhelming power to the executive branch without any effective monitoring from independent organisations.

The editorialist noted that some critics even say the Surayud government's reason for trying to push this bill through before the scheduled Dec 23 general election is to block the activities of the People Power Party (PPP), to make sure that Thaksin does not return to power to seek revenge against the members of the Council for National Security (CNS).

The charge was denied by the military and the CNS.

Yet speculation persists that if this law is promulgated, PM Surayud may delegate his power under the law to his deputy prime minister responsible for security, former CNS chief Gen Sonthi Boonyaratkalin. Since Gen Sonthi is now assigned by the government to help the Election Commission run a clean general election, the bill's critics worry that Gen Sonthi will try every means to prevent PPP candidates from winning parliamentary seats, while lending support to candidates from other parties, concluded the editorial.

Go ahead for public television station

One must congratulate the interim government and the National Legislative Assembly for overwhelmingly passing legislation to set up a public television station for the first time in Thai history, said a Thai Rath editorial. Even though the interim government has been dubbed a "turtle" for its slow and cautious moves on several issues, it could still be the one to transform the existing TITV into the first ever public broadcast TV, after failures by previous governments in past decades to accomplish such an objective.

The previous attempts were modelled after Britain's BBC, but no previous government was really keen to initiate the move. The foundation was laid in the 1997 constitution, which stated that radio and TV frequencies are national assets for public benefit and that an independent broadcasting commission be set up to administer these precious national resources.

But even 10 years after the promulgation of the 1997 constitution, the TRT-dominated parliament still could not come up with an independent Broadcasting Commission, as vested interests tried to interfere with the member selection at every step.

Even iTV, which was set up purposely to be an independent commercial station, was eventually bought by a politico-business concern and later sold as part of a package with other telecom firms to a foreign investment group.

Even though the Public Broadcasting Television Act has been approved by the NLA, the future of TITV in its new guise still faces many hurdles, including budgeting, operational set-up, content selection and supervision.

The Thai Public Broadcasting Television (TPBT) is supposed to operate similarly to the BBC, but there is a major difference in funding. The BBC's budget is derived from TV licences, more or less based on the "user pays" principle. The Thai version's budget is derived from sin taxes collected by the government. As such it might be possible for a future autocratic government to choose to interfere with the TPBT operation, citing the fact that it is supported by the government's money.

The Thai Rath writer urged the Thai public to help support the TPBT so that it can survive and grow, and not be allowed to be transformed into a government mouthpiece or a playground for vested business interests.

Social Security for whom?

If you were a joint owner of 450 billion baht worth of investment capital, who would you select to administer it, asked another Thai Rath writer.

The reason the writer posed the question was that he happened to read a report from the Social Security Office which said that over the past 10 years, about 10% of the office's expenses, or about 30 million baht a year, had gone for "educational tours". Most trips were to Europe and the United States, costing on average about 3 million baht per trip for a 20-30 person contingent.

The report did not go into details of how the trips may have benefited the administration of the Social Security Office.

It was revealed that during a September 20-29 trip to the United States this year, most destinations were for sightseeing - Las Vegas, Universal Studios, a San Francisco boat trip, the Golden Gate Bridge, etc. - as well as shopping and luxury dining.

For the past few years, the Social Security Office has often been involved in tales of corruption. All the shady deals involved politicians, political party financiers and/or kin of former high ranking officers in the Labour and Social Security Ministry.

While politicians and their associates are enjoying the Social Security Fund, the workers, the owners of the fund, may not have so much to look forward to.

The Thai Rath writer noted that 450 billion baht in the Social Security Fund might sound like a lot, but it would soon dwindle when the fund begins to pay out pensions in 2014. That's when the earliest contributing workers begin to receive their due benefits. In later years, the payments will accelerate as more and more pensioners become eligible. It is estimated that in a few decades, the fund must raise the percentage of salary contributions from the present 5% to ensure there is enough money to pay benefits.

The duty of the Social Security Board is to make sure that the fund earns the most from its investment outlays. The board members are not elected to use the fund's budget to line their own pockets. They are already paid a handsome renumeration. If they want to go on overseas junkets, they should use their own money, reasoned the Thai Rath writer.

Miscellany

The People Power Party's last minute change on Wednesday to place two United Front for Democracy against Dictatorship of Thailand (UDDT) leaders, Jatuporn Prompan and Manit Jitjanklab, among the top five positions of its party list for Bangkok has upset potential constituency candidates in Bangkok, who have threatened to resign en masse.

Mr Jatuporn and Mr Manit were among nine UDDT leaders arrested for leading street demonstrations against the military and Privy Council president Gen Prem Tinsulanonda after last year's coup.

Since the party had planned to make "reconciliation" one of its key campaign slogans, there are concerns that Bangkok voters will view the reconciliation claim as hypocritical if the two UDDT members are on the list, said a potential candidate in Bangkok.

http://www.bangkokpost.com/News/10Nov2007_news90.php

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