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Perspective >> Sunday August 31, 2008
 
COMMENTARY

Who's governing?

THONGBAI THONGPAO

By now, it is clear that the Samak Sundaravej government's efforts have not borne fruit as planned. Even though its core People's Power party (PPP) won the election and led the coalition, its administration has been anything but smooth. Protests and obstacles have been rampant despite the constant reminder that it is an elected, legitimate government.

But the warning has fallen on deaf ears. Government protests and calls for Mr Samak to resign have continued unabated although Mr Samak declared his government could only be toppled in Parliament, not on the streets.

His voice has absolutely no impact on the movements to topple his government. On the other hand, the People's Alliance for Democracy (PAD), which has taken to the streets since May, has been stronger than ever.

What happened this week indicates that Mr Samak is no longer fit to run the country because he could not maintain order. "You be the judge. He's the head of the government, has his office in the Government House and, as a defence minister and chairman of the National Police Commission, commands security officers. Yet Mr Samak could not save even his own office and enforce the laws. I've never seen any government act like this. How could he be trusted to run the country?" I heard someone ask.

As prime minister, Mr Samak has the power to declare an emergency decree. He did not do so, most likely because the army did not agree, as seen when the Supreme Commander said he saw no reason to do so.

Dissolving the mob by force is not out of the question. After all, the same Samak used to order it when Chalerm Yubamrung was the interior minister before backpedalling in the last minute. Although Mr Samak himself has never voiced the reason for the about-turn, Mr Chalerm said it was a misunderstanding and that the prime minister did not want blood on his hands.

Likewise, when the PAD had seized Government House this week, Mr Samak had ordered the interior minister to deal with the protesters. The plan was changed, again because the prime minister allegedly did not want to use force.

Left with no other recourse, the government turned to the courts. First, it told the police to seek arrest warrants of the nine PAD leaders on charges of assembling more than 10 without permission and treason, which carries the death penalty. The move met with disagreements among lawyers, academics and lecturers, who reckon the treason charge is too harsh. After all, they think the protesters are exercising their constitutional right.

In the latest move, Mr Samak, who is a lawyer himself, turned to the Civil Court for emergency protection for an order for the protesters to vacate Government House. Although the court complied, the PAD asked it to withdraw the order and the Constitutional Court to rule whether the Civil Court has such a mandate in his case.

They also claim the order applies only to its nine leaders, not the rest of them, who number tens of thousands. If this is the case, it follows that if such a large number of people resist the court order, who is going to do the arresting and where they will be locked up?

A law expert said Mr Samak must have been really desperate to seek court help. He said the temporary protection order is used only in a civil case to expel a tenant from a property in a case where he refuses to move even after losing the case. The plaintiff may then ask for court protection so that the court has its executors arrest the tenant to force him to move. But the PAD case is not an ordinary expulsion case.

The government has no way out and the PAD will not relent. The latter not only shows no fear, it also announced it would perpetuate its cause with new leaders if its core leaders are arrested. The latest news was that Gen Pallop Pinmanee, a classmate of Chamlong Srimuang, agreed to lead the group if Chamlong is arrested.

Judging from this face-off, the Samak government and the PPP stand no chance to run the country smoothly. The PAD has made its clear it will pursue its cause at all costs until Mr Samak resigns.

What did Mr Samak do to deserve all this?

The simple answer is that it has nothing to do with his policy. His sin is that he and his party had made it clear they are the heirs of Thaksin Shinawatra. Their determination to amend the constitution and pass an amnesty law does not help either. When an irresistible force meets an immovable object, something's gotta give.


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