A glance at the motto on the website of the Office of the Election Commission (EC) regarding the forthcoming charter referendum, which will take place in about three weeks' time, and many may gain the impression the process is going smoothly, without problems.
The motto says the EC stands for quality democracy, a fair referendum, and convenience to the people. But take a closer look at the run-up to polling day, and the process appears anything but orderly.
In fact, since the Public Referendum Act took effect on April 23, little but confusion has emerged over the poll, scheduled for Aug 7, especially the law that governs it. Many complaints have been filed against activists who have called for an open debating atmosphere ahead of the referendum in which people can discuss the charter without fear.
Just three days after the referendum law was in place, the EC filed a complaint against a woman who posted anti-charter comments on her Facebook. She was charged with violating Section 61 that forbids publication of "false information" by any media which might influence the way the public votes. It also bars people from spreading information in a "violent, aggressive, vulgar or coercive" manner.
Achara Ashayagachat is Senior News Reporter, Bangkok Post.
On May 4, the EC warned against the sale of "Vote No" T-shirt by the anti-junta New Democracy Movement, saying the group's page admin could face up to 10 years' imprisonment and/or a 200,000-baht fine. On May 11, a civic group, led by former senator and director of Internet Law Reform Dialogue (iLaw) Jon Ungphakorn, asked the Constitutional Court via the Ombudsman to nullify the referendum law, alleging it infringed freedom of expression. But the court, in its June 29 verdict, rejected the petition.
With that verdict, the lines between the "dos" and "don'ts" regarding the referendum campaign started to blur. The EC and CDC were at odds on whether TV talk show hosts, Suranand Vejjajiva and Pitch Pongsawasd, violated the referendum law by wearing the NDM T-shirt on their programme.
On June 13, the Resistance Citizens Group's video clip "Must Knock Out (the Charter)" was declared by the EC as violating the law due to the "rude and false" information it carried. In the same week, 17 former Pheu Thai MPs were accused by the CDC of breaching the law when they wrote on Facebook why they would vote against the draft charter. Yet the EC didn't agree with the charter drafters.
On June 23, a group of 13 students, activists, and unionists were arrested as they were distributing leaflets produced by the EC and the NDM in Samut Prakan. Seven refused to seek bail in an act of defiance against the "illegitimate junta" and "unlawful referendum law".
The next day, a group of seven Kasetsart University students, who were preparing commemorative activities for the June 24 Revolution Day, were arrested for having "Vote No" bookmarks. It's fortunate the authorities haven't charged them under the referendum law. The situation has unfolded well for them as the court also rejected a police request to further detain the NDM activists after the first 12-day detention period.
The suppression of activists and opponents in recent months prompted human rights organisations to call for a freer environment ahead of the Aug 7 referendum. Jan Eliasson, the UN deputy secretary-general, said respect for human rights and the rule of law are important for sustainable development and emphasised the need for open and inclusive dialogue to promote democracy and support national reconciliation.
At the same time, the civic group led by iLAW has renewed its attempts to sanction the referendum law. On July 6, it asked the Supreme Administrative Court to revoke the EC regulations which "expand the ambiguity of the referendum law" and tramples on human rights pledges which the country made to the international community. The court heard from the EC and the iLAW side yesterday. A ruling will be known hopefully before referendum day.
Another worrying development occurred on Sunday as a Prachatai online reporter who followed three NDM members to Ratchaburi Ban Pong's province was arrested and detained at the police station overnight. They have since been freed on bail.
The NDM team, including a Ramkhamhaeng student who was released on Wednesday by the Military Court, were in Ratchaburi to lend solidarity to a group of 18 residents who were charged with violating the NCPO order 3/2015 which bans political assemblies after they launched a Referendum Watch Centre. Previously, the EC has also banned referendum-monitoring centres set up by the red shirts.
Nice slogans on the EC website -- offering equal opportunities of TV and radio airtime for critiques, and educating the people through 74,240 tambon-level democracy promotion agents -- belie the fact the EC is waging a one-sided campaign, critics say.
The activists say the EC has not stayed neutral as a gatekeeper but supported the government and the CDC in their efforts to "coerce" voters into backing the charter. Their concerns have grounds given the over-reaction on the part of police and state authorities, aimed at pleasing the regime which is worried about losing power in the wake of public dissatisfaction.
But their attempt could backfire now many people are starting to think beyond the draft when voting in the poll. For them, this is a chance to decide whether to keep the NCPO for another five years, as indicated in the annexed question. Let's see if the people really want them to stay.