February 27, 2001
First class A free-of-charge law school in the Isan region offers no degree but a sense of security, and a card that protects holders from corrupt officers The crusade to bring law literacy to the masses is part of Thongbai Thongpao's effort to fight conflicts at the root cause _ and turn equality into a reality. Story By Vasana Chinvarakorn Pictures by YINGYONG UN-ANONGRAK Big-name credit cards may give spendthrift yuppies something to fall back on, but for rural villagers like Thongkam Pongsri, a card which identifies her as a member of the Club of Human Rightists of Isan is a source of pride and self-confidence. "I always carry it wherever I go," beamed Thongkam, a native of Ubon Ratchathani. "It's the best amulet I've ever had. Before I would be so scared of government officers, thinking they knew much more than me and that whatever they said must be right. Not any more. "Some of my friends told me that whenever an officer tries to extort money by accusing them of something they didn't do, they just flash the club's membership card and the officer immediately goes away." What is it about this card that gives rustic folks such self-assurance? On the back is a list of legal entitlements belonging to every citizen, such as the right to seek counsel from lawyers when facing charges, or the right to obtain medical service when ill. There are also ID-like details, with two additional pieces of information: the name of each villager's "personal" lawyer and his or her contact number, and last but not least, the signature of the Isan Human Rightists Club chairman: Thongbai Thongpao. By no means is the septuagenarian an influential godfather figure. Nor can the native of Maha Sarakham province offer a magical spell to ward off corrupt officers-during dictatorial regimes in the late '50s Thongbai himself was jailed for about eight years for political activism. However, over the ensuing three decades, the lawyer's dedicated work on behalf of the poor and those unfairly treated by the rule of law made his name a hallmark of justice in which discrimination and abuse of power are not tolerated. In honour of his years of public service, Thongbai was given the prestigious Ramon Magsaysay Award in 1984, the Khon Dee Sri Sangkhom (Model for Society) Prize, as well as several other awards. He has also been sitting on boards overseeing human rights from national to regional to international levels. Still the most vital legacy Thongbai has imparted is less his autograph than his instilling in villagers a sense of self-respect and supplying them with "an arsenal of information" in order to protect themselves. To qualify as members of the Club of Isan Human Rightists is, in itself, an education in empowerment. Every year, Thongbai and his team of lawyers under the Thongbai Thongpao Foundation travel to different communities in the Northeast to lecture and lead workshops on basic laws, at the end of which every participant is invited to join the club. On average, about a thousand villagers sign up each year. The lifetime membership fee, a mere 50 baht, entitles all card-holders to free legal services offered by a string of volunteer lawyers, assuring the likes of Thongkam will not have to suffer bouts of injustice on their own. "This mobile law school is an attempt to prevent problems at the root cause, a crusade to eliminate ignorance about the law," explained Thongbai. "Rural folk have long been living in the grim shadow of fear. Indeed, I discovered that the more cases I've taken, the more they've sprung up. "True, according to the law, everybody is supposed to be in-the-know-lack of awareness of regulations is no excuse. But the authorities have never tried to educate the public, nor do they facilitate access to the Official Gazette (where every item of law is published). So the privileged end up dominating and exploiting the uneducated masses." Thongbai's law school seeks to tilt the balance. Due to time constraints, the programme usually runs from half-a-day to two days. Each villager can attend as many times as he wants; Thongkam has so far taken three such courses. Classes are organised at a temple, in a school, a village hall, or even under the shade of a tree-there is no boundary for this alternative form of education. Neither are there registration charges. A typical session witnesses "students" diverse in both age and background, from fresh-faced boys and girls in primary school uniforms to elderly folks chewing betel gum as they listen to Acharn Thongbai explain the intricacies of the law, the civil and criminal codes that have been governing their lives. Thongbai and his wife, volunteer lawyer Mayuree Pakdurong, have been teaching at their "free law school" throughout the Isan region. Participation is probably the only rule of this programme. Villagers usually help each other prepare food and provide simple lodgings for their teachers. Mayuree Pakdurong, Thongbai's wife and one of the volunteer lawyers, noted it was not uncommon for the team of instructors to sleep on a temple sala or in places where the roof was leaky. "And then it rains," she said, amused. "A few years ago we held a class in Khao Wong, Kalasin, back then known as one of the last communist strongholds. There were soldiers practising their drills right in the same village. "We are never afraid, though, that anyone would want to harm us." What of the supposed passivity of rural people? Following each lecture, Thongbai is usually bombarded by questions, be they written on scraps of paper, or as direct requests for a person-to-person chat. The queries range from mundane topics like whether a child of an unwed couple can use the mother's family name after a separation, to more complicated issues like whether or not one can sue the government if its projects disrupt their sources of livelihood. One such questioner of this type, during one of Thongbai's recent classes, was Grade 5 student Jaruwan Kamtanetr. The curious girl cited the case of a local dam that had caused flooding in nearby farms; she asked who would be responsible for the damage. The current constitution, the teacher affirmed, does sanction the locals' right to manage natural resources as stipulated in Articles 46 and 56, respectively. Long before the advent of such constitutional rights, however, Thongbai was already discussing such issues with his students. Understandably, the transformation process of the villagers' mentality-from kowtowing to officers as "big bosses" to discovering that bureaucrats are little more than public employees-does take time. But once the hierarchy is reversed, can one really start fighting corruption and implementing genuine democracy? Thongbai stressed that his schooling programme was not geared toward instigating people to rise up against authority-although he has suffered that accusation from time to time. At the peak of a protest against the Pong Khun Phet Dam in Chaiyaphum province two years ago, his "students" staged a sit-in camp right on the site designated as the dam reservoir. The current constitution was put to test. Faced with the threat of violence by the proponents of the state project, the protesters scribbled on the walls of their makeshift huts about their right to protect natural resources as sanctioned by the national law. For security reasons, strangers were not allowed inside the community. As a result, rumours flew that the villagers were challenging national sovereignty by setting up an illegal territory. Thongbai was listed among the accused. Two years on, the project is now undergoing a peaceful negotiation and review process. Mayuree added that sometimes the classes are organised to coincide with problems in certain areas so that villagers can learn about their rights, the need to mobilise themselves collectively, and to participate in the brainstorming of ideas. Still, there are times when, despite their effort to alleviate the situation, use of force, and not reason, ends up settling disputes. Mayuree cited a protest against a polluting rock quarry in Loei six years ago. Although the volunteer lawyers worked diligently to support the local residents, and the court finally revoked the concession, Khru Prawian Boonnak, a prominent leader of the protest, was gunned down in broad daylight. After a decade of pioneering the mobile school, Thongbai said he will continue until everybody attains literacy in the law, and a better livelihood. In each class, he stresses that legalistic skill must always be tempered by moral integrity. One day, perhaps, perpetrators and victims will be a thing of the past. Education for the masses Thongbai Thongpao's law school is not limited to his native Isan region. For years, the lawyer and his team of volunteers have been organising a variety of educational programmes in thatched-roof huts and radio stations, air-conditioned lecture halls and grimy factories, all geared to raise the level of law literacy on the ground. The composition of Thongbai's student body is similarly an odd mix. They range from folks in the Eastern Seaboard area, plagued by years of pollution, to factory workers, wide-eyed students not yet exposed to the grim world of adults, Buddhist monks and university graduate students on their way to master's degree programmes. The "laws for the public" programme, in effect, consists of three components: those catering to rural villagers, those for school students, and those for factory workers. Tens of thousands have so far graduated, armed with "lawful" information on how to protect themselves. Arunee Srito, a leading labour unionist, noted that many workshops on labour rights organised by state authorities tended to recruit only those at the forefront of the workers' movements. On the other hand, Thongbai's mobile school is open to all. He jokingly commented that most employers do not like "stubborn" staff, and that the less workers know about labour unions and the law, the better they are in the eyes of their bosses. Even so, it is important to promote understanding between the privileged and the majority poor. At the Rajabhat Institute's Maha Sarakham campus, Thongbai has been running an innovative course called "Constitution and Development" as part of the master's programme in social science. Instead of lecturing in air-conditioned rooms about the inequalities in Thai society, Acharn Thongbai occasionally takes his class on field trips, offering them direct exposure to village life. There, students can interact with, or help, the people they have read about in their textbooks. From time to time, they even propose study trips to their own communities. Mayuree Pakdurong, a volunteer lawyer, mentioned a recent case when the whole class went to Roi Et province to investigate a case of environmental hazard caused by a rice mill, and to intercede on behalf of the locals. This flexibility expresses itself in a variety of other ways. Thongbai, formerly a journalist, employs a variety of media to educate the public, such as columns in both Thai and English language publications, and a radio programme for the Ministry of Education. After all, Thongbai does not profess blind acceptance of the law and taking advantage of that information at the expense of others. Who else would be better qualified as an educator on the law than a lawyer who was put in jail for eight years without any investigation or trial? "Good" law, for Thongbai, must ensure fairness for all people, and his educational projects are part of a crusade to maintain the right balance of justice. Info for donations: - Name of organisation: The Club of Human Rightists of Isan region; also the Thongbai Thongpao Foundation - Address: 15/136-139 Soi Sua Yai Utis, Ratchadapisek, Chatuchak, Bangkok 10900 - Contact person: Thongbai Thongpao - Telephone: 541-6468 - Fax: 541-6416 - Or send a cheque payable to the Post Publishing Plc. Address it to Kusuma Mintakhin, Editorial Manager, Attention: Club of Human Rightists, 136 Na Ranong Road, off Sunthorn Kosa, Khlong Toey, Bangkok 10110. Her telephone number is 240-3700 ext 3224-5. Please include your name and address with your cheque so we can send you a receipt. - "We care" is a fortnightly series honouring people who believe in giving. In addition to supporting these causes, you can let us know about people who unselfishly help others so we can make more people aware of their efforts. Fax "We care" on 240-3668 or call 240-3700 ext 3208 or 3212. Email can be sent to sanitsuda@bangkokpost.net. For a comprehensive list of charities covered by Outlook's "We Care" series, see the Bangkok Post Web site at www.bangkokpost.net/outlookwecare.		Daily Main Entrance Page Local News Business Outlook Weekly IT news Horizons Travel NiteOwl (Trink) Real.Time Motoring Student Weekly Entertainment & Lifestyle NEW!Breakfast in Bangkok Holidays online What's on Dining out Recipe of the week Movies Music Book Review Beauty Fitness Nutrition NEW! 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