The ruling junta, the National Council for Peace and Order, continues to shoot itself in the foot by suppressing critics of its policies and especially of the draft constitution. Rather than tolerate citizens’ expressions of disagreement, as is the norm in any developed or developing country that cherishes or at least aspires to democracy, it brooks no criticism at all and allows no leeway. The result, time and again, is international condemnation.
Now we have the appalling spectre of nine critics being jailed for posting negative comments on Facebook about the junta and the draft charter. Invoking the computer-crime law and the junta’s restrictions on public gatherings and challenges to the referendum, the authorities have charged them with sedition and, in several cases, with that most abused of criminal allegations, lese majeste.
The arrest of citizens who were posing no serious threat to the monarchy, the government or national security simply reinforces the belief that the junta is insecure to the point of spiteful paranoia. The generals appear to be forever panicking at the sound of mere words echoing in the corridors of public discourse.
Most shocking of all the arrests was that of Jirapan Tanmanee, who chairs the Rathawat Tanmanee Fund for the Rights of Autistic People. She and each of the others faces a possible 10 years in jail and Bt200,000 fine for allegedly violating Article 61 of the Referendum Act, which bans the dissemination of any portion of the draft charter through any mass media “in a manner that deviates from the truth or provides information deemed violent, aggressive, vulgar, provocative or threatening or aims to influence voters”.
Jirapan, 59, arrested in Khon Kaen, is married to a physician who operates a clinic in the northeastern province’s Ban Pai district. They have a son affected by autism. She set up the Rathawat Tanmanee Fund in 1996 to help autistic children lead normal lives.
Last Monday she posted an image of rights activist Gothom Arya with a message saying Thailand “is not a five-year experiment” and that the draft charter could foment a fresh crisis. It was clear enough that Jirapan disapproves of Article 178 in the draft. The arresting authorities claim she not only urged people to vote “no” in the referendum but also used impolite language in disparaging the draft.
Election Commissioner Somchai Srisuthiyakorn, who is known to support the junta, petitioned police to arrest Jirapan because he found her Facebook postings “abrasive, aggressive and seditious”. He has insisted he doesn’t wish to see anyone go to jail, but says such public displays of opposition to the military-sponsored draft charter have to be curbed.
The norms of democracy and justice would allow any citizen to speak out against the constitution, the junta or the premier, as a public figure. If they choose to resort to foul language, it serves only to undermine their argument among better-educated and reasoning listeners, but that too should be their right. Not everyone has the same oratorical command of the language as politician Suthep Thaugsuban, who has praised the draft charter, and the vulgar vernacular does have its rhetorical purposes.
At any rate, we recall – with considerable chagrin now – the coup-makers calling on citizens across the nation to help bring about political reform so that democracy could be properly established in Thailand. It is evident now that the junta wants to hear only from the people who share its views on the kind of reform needed. It refuses to hear alternative opinions and suppresses all criticism of the path it chose on its own without public consultation.
Through moves that are bafflingly counterproductive, the generals and the authorities that serve their purpose are creating an atmosphere of fear that can only jeopardise the legitimacy of the coming constitution. Even if the charter draft is handily approved in the August referendum, it will have no traction, having been foisted on a cowed or fearful public. In place of national law established through debate and consensus, we will have national shame.