Rethink the protest ban

Rethink the protest ban

Prime Minister Prayut Chan-o-cha has shown he is very aware of the recent protests that have criticised his national administration. He has criticised them strongly, but also warned his subordinates to go easy, because of the danger of violence if the army or police react with a heavy hand. This is an incorrect policy for several reasons. Gen Prayut would be better advised to come to grips with the issues at the centre of the protests, and perhaps with those who are currently dissatisfied.

To do so requires a change, and progress in shedding the worst of the rules that restrict certain civil rights and liberties, similar to martial law, and brought in almost four years ago. The coup administration succeeded in one of its goals when it took power on May 22, 2014. It quickly ended the hostile street demonstrations and increasing violence. In the 45 months since, the flames of political hostility have died out. There is no longer a valid reason for bans on political and civil rights.

Gen Prayut has said that if the National Council for Peace and Order (NCPO) lifts the ban on political activities, there could be "trouble". One can never predict the future with certainty, of course. But if there is a real danger that politically inspired violence might break out, then Gen Prayut's coup, by definition, has failed. If the nation truly requires rule by the armed forces indefinitely, then the entire campaign to bring reason and reconciliation has flopped.

Gen Prayut said last week he has two main concerns about the protesters. The first is that they break the law. This is not actually true. The supreme Thai law, the 2016 constitution, states the opposite. It specifies that Thais have rights and liberties that can only be "restricted as the exception" -- certainly not for four years. Among these specific rights and liberties are (Section 34) "to express his opinion, make speech, write, print, publicise". The constitution also makes clear that the use of "his" refers to every citizen, man or woman.

When the leader refers to protesters "breaking the law", he has in mind the NCPO orders that forbid public political gatherings: "Laws must be enforced, otherwise the situation could get out of hand." There is a total ban on organised political action. This applies to any group of five or more people for any political discussion -- or protest. Thus, according to the regime's thinking, a protest is illegal. According to the constitution, however, any continuing restriction on basic citizen rights is illegal.

It is time the NCPO and its leader brought their emergency laws into conformity with the constitution. Lifting bans on protests is merely allowing citizens to use their guaranteed rights. It must be remembered the regime has also passed a law on large demonstrations or gatherings. In most cases, it already requires getting a licence to protest. This is more than enough restriction, and gives an excellent reason to lift the ban on gatherings of five or more people.

The regime's second error is its refusal to take the substance of the protests seriously. Those involved not only have genuine grievances, but also have actual suggestions from the grassroots on better ways to proceed. Dismissing the content of the protests because he (the PM) dislikes the protesters is another case of shooting the messenger or, in this case, insisting that all good ideas come from the top down.

Refusal to engage the grassroots is arguably the biggest error this regime has made. Gen Prayut, his ministers and advisers claim to understand Thailand through the eyes and ears of mostly military men assigned down to the village level everywhere in the country. That's simply impossible. Local people know, understand and can explain local problems better than any outsider. The sooner the military lifts its onerous restrictions on personal and collective freedom of speech and gathering, the better off the country will be.

Editorial

Bangkok Post editorial column

These editorials represent Bangkok Post thoughts about current issues and situations.

Email : anchaleek@bangkokpost.co.th

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