Caught in a messy web of S44 orders

Caught in a messy web of S44 orders

Prime Minister Prayut Chan-o-cha had three shocks at Bangkok Post Forum 2016. He intends to make Thailand a 'developed country' in 20 years. He intends to stay in office to lead that effort. And every Section 44 order is permanent and forever. (Photo by Patipat Janthong)
Prime Minister Prayut Chan-o-cha had three shocks at Bangkok Post Forum 2016. He intends to make Thailand a 'developed country' in 20 years. He intends to stay in office to lead that effort. And every Section 44 order is permanent and forever. (Photo by Patipat Janthong)

On Wednesday, Prime Minister Prayut Chan-o-cha graciously decided he was going to come to the Bangkok Post Forum which until the last minute was looking a little dicey due to some hiccups at Government House at the start of the week.

Gen Prayut, generally known for his hot temper and usual sulking attitude, became aggravated with journalists on Monday for reasons that are yet to be known. Therefore, our Dear Leader attending a function organised by the media and attended by more than 500 businessmen, executives and diplomats, was a feat in itself.

Gen Prayut, in his usual style, went on a talking spree. What was scheduled to be a one-hour address wound up being an information overload of more than two hours. And to please us all, he was kind enough to take five questions from the floor, something that he usually never does at these events.

Umesh Pandey is Editor, Bangkok Post.

Gen Prayut articulated his plan to transform Thailand into a "developed nation" within the next 20 years, specifically addressing several of the country's shortcomings, namely education.

Among the many issues he raised, particular emphasis was given to Thailand's changing educational system, one that has transformed from "cramming" to one that places greater importance on participation. However, he must know that little has actually changed on the ground and the country's primary education system remains in the gutter.

But what struck me the most was the fact that our dear leader was so proudly stating that in the 28-month period since he seized power from an elected government, he has issued a total of 104 special orders, or the so-called Section 44 orders permitted by the interim charter, to sort out the country's "problems".

Sir, with all due respect, that amounts to nearly one S44 order a week. With about another 52 weeks of Gen Prayut at the helm to go, can we safely say that he will maintain his average cruising speed? Can we expect another 52-53 new S44 orders issued before elections expected late next year?

I am not opposed to the issuance of these orders. After all it has made life a little easier for most of us. Lottery ticket prices are down to 80 baht a pair (that is if you buy single tickets, if you buy the entire set then you could be paying the same old price), while the beaches have a little more space to relax after all illegal umbrellas and seating were banned. Not to mention the hundreds of government officials who are reaping the benefits of my tax money while they sit at their desks doing nothing as an S44 order was issued to move them to inactive posts.

Well, my only hope was that all this would go away soon after the planned elections as per the "roadmap". The S44 orders were issued under the current regime and the new regime would have its own set of rules.

I was wrong, that won't be the case. According to Gen Prayut, the various S44 orders he issued are to remain in force even after the military regime steps down. Only a "parliamentary" process will be able to amend or repeal the plethora of S44 orders.

Now, what is not clear to me is whether such a "parliamentary" process would mean the involvement of the largest party in the yet to be formed parliament -- the Senate.

Under the new constitution approved by a majority of Thais in the Aug 7 referendum, the Senate would consist of 250 non-elected senators with a five-year term (a year more than the 500 elected MPs).

The 500 MPs from the various parties would be elected by the people and all "parliamentary" proceedings under normal circumstances would need to pass both houses of parliament. This would likely mean that the 250 handpicked members of the Senate would be dead opposed to repealing any of the S44 orders that were issued as per the wish and desire of the dear leader.

Under such strict rules. how can anyone expect the next government to be able to function properly?

If I was the leader of the new government, I would be hitting roadblocks at every step of the policy-making process. The S44 orders, and the other laws that need to be amended, would be hamstrung by the powerful Senate.

What Gen Prayut did not realise during his 135-minute speech was that moving Thailand forward not only requires economic development but also the development of the democratic process to ease the running of the country.

Gen Prayut needs to understand that for Thailand to truly transform into a "developed nation" it must do so via multi-faceted development that includes economic, social and political reform.

Umesh Pandey

Bangkok Post Editor

Umesh Pandey is Editor, Bangkok Post.

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