THE JUNTA’S decision to lift the ban on most political activities appears to benefit politicians in the run-up to the general election, but pro-democracy activists continue to languish in jail, fighting long-drawn-out court cases, pro-rights organisations said yesterday.

In a statement on Tuesday, Thai Lawyers for Human Rights (TLHR) said that though Order 22/2018 says that public gathering of more than five people for political purposes is no longer a crime, people accused of this “crime” are still having to fight it out in court.

The National Council for Peace and Order (NCPO)’s Order 22/2018 has lifted the ban on political activities and also unfrozen the bank accounts of some politicians and activists such as Chaturon Chaisang and Sombat Boonngamanong. These bans, imposed since the 2014 coup, have been a major obstacle to political rights and freedom in Thailand.

Hundreds of pro-democracy activists, accused of violating the ban by holding peaceful gatherings against the regime, have been fighting for justice in both civilian and military courts. Though the NCPO order lifts the ban on gatherings, it still states that any ongoing criminal cases related to the ban will not be affected.

The order goes against the nullum crimen nulla poena sine lege or “no crime no punishment” principle as endorsed by the Criminal Code, TLHR pointed out. Once a crime is nullified, charges should be dropped and those serving the penalty should be discharged, it said.

TLHR also pointed out that despite the lifting of sanctions, the junta still authorises detention and prosecution. Absolute power under Article 44 and other tools of intimidation, such as the sedition law under Article 116 of the Criminal Code, are still in place, it said.

The group, established after the 2014 coup to provide legal assistance to those charged by the junta, concluded that NCPO’s Order 22/2018 has not really lifted the restriction on rights and freedom.

Tight grip

Meanwhile, another rights group iLaw also published an article yesterday, pointing out that the NCPO and other agencies still enjoyed a tight grip on the freedom of expression.

The NCPO can still restrict public opinion and electoral campaigns, it said. For instance, the organic law governing MP election still bars campaigns from being televised or covered online unless allowed by the Election Commission.

Like THLR, iLaw agreed that the abuse of the Criminal Code’s Article 116 was prevalent. Those against the ruling regime are often charged with sedition, which is punishable by up to seven years in jail.

The same applies to the Computer Crimes Act, iLaw said. This law, originally designed to prevent online scams, is now being applied to junta critics, who often find themselves accused of “entering false information” if they happen to criticise the NCPO, iLaw said.

New York-based Human Rights Watch (HRW) yesterday also released a statement decrying the limitation of rights in Thailand and called on the NCPO to immediately lift restrictions on free expression so credible national elections can be held on February 24.

The junta has maintained military orders restricting free expression and continues authorising detention and prosecution for people who speak up against the junta or the monarchy.

“Thailand can’t hold credible elections when political parties, the media, and voters are gagged by threats of arrest and criminal prosecution,” Brad Adams, HRW Asia director, said. “With polling day just two months away, the junta should immediately lift all legal orders that restrict the right to freedom of expression.”

During his visit to Bueng Kan province yesterday, the prime minister also asked eligible voters to “carefully elect candidates with good policy platforms”.

General Prayut, who heads the ruling National Council for Peace and Order, was greeted by about 5,000 local residents as he arrived at a public park in Bueng Kan.

His Cabinet is scheduled to convene its mobile meeting in the province today. The meeting will discuss matters involving Bueng Kan and the adjacent provinces – Loei, Nong Khai, Nong Bua Lamphu and Udon Thani.

“I come here today just like a fully fledged politician. Now I can’t say that I am not.

“It’s because I run the country,” Prayut told the crowd. “You know that I am suffering. But I agree to suffer and lay down my life in this position.”

In January, the former coup leader had described himself as a politician for the first time after having repeatedly denied he was one.

Yesterday he also suggested that people wanted him to remain in office.

“While in bed, I thought about why people place their hopes on me and why they want me to work. It’s because they have hope and I have to make their wish come true.”

Prayut urged people not to take part in street protests now that political restrictions were lifted, as “confusion and chaos” would again cause damage to the country.

“People must not allow anyone to lead them to confusion and chaos again. Such a thing must not happen again because Thailand is going to host the Asean Summit next year,” he said.

Prayut also said that the mobile Cabinet meeting would address issues involving local residents and the regional provinces.

He pointed to more than 2,900 projects in the five provinces in the Northeast as among the accomplishments of the post-coup government.

During his tour to attractions in Bueng Kan, the prime minister was accompanied by senior Cabinet members, including Deputy Premier and Justice Minister ACM Prajin Juntong, Deputy Prime Minister General Chatchai Sarikulya and Interior Minister General Anupong Paojinda.

There was tight security at the places visited by Prayut and his entourage.

The critics cautioned that the latest order issued yesterday by the ruling National Council for Peace and Order (NCPO) would not prevent dissidents from getting arrested and placed in military custody.

“Don’t be fooled! Public assembly and political activity may be allowed, but the junta still bans criticism and dissenting opinion,” Human Rights Watch senior researcher Sunai Phasuk said in his Twitter message. “Dissidents can be arrested and taken into military custody anytime. General Prayut wields unchecked power with impunity. Thailand isn’t on the path to democracy,” he added.

Prime Minister Prayut Chan-o-cha, in his capacity as the junta head, issued NCPO Order No 22/2018 yesterday to partly repeal nine of the junta’s orders and announcements issued after the 2014 military coup.

The post-coup orders included a ban on the political gathering of five or more people while another order prohibited political parties from convening meetings, holding political activities, campaigning for voter support, or setting up party branches.

The latest NCPO order was published in the Royal Gazette yesterday, and took immediate effect. Yesterday, the new law on MP elections also came into effect.

The partial repeal also led to the unfreezing of bank accounts belonging to certain politicians critical of the junta, including Chaturon Chaisang, Sombat Boonngamanong and Prasit Chaisrisa.

Also repealed was NCPO Order No 80/2014, which prohibited 18 politicians – mainly from the Pheu Thai and Democrat parties – from leaving the country without permission, or engaging in any political activity.

However, a clause in the order states that the repeal does not affect the ongoing legal cases or previous actions carried out in accordance with the orders and announcements.

Piyabutr Saengkanokkul, secretary-general of the Future Forward Party, said yesterday that while the latest NCPO order “unlocked” restrictions for political parties, “people who love the country and democracy are still chained”, due to the ongoing legal cases stemming from the junta orders. Many anti-junta protesters were arrested and faced legal action for violating the NCPO’s orders and announcements. Several cases are still ongoing.

A former law lecturer, Piyabutr said that in principle when a law is repealed all legal cases stemming from that law must be terminated as a result. “The NCPO’s lawyers were well aware of this fact. That’s why they intentionally added a clause exempting the ongoing legal cases,” he said. This reflected the junta’s view that those “democracy lovers” are their opponents, who needed to be “chastened”, said the academic-turned-politician.

In Thailand, orders and announcements issued by coup-makers and subsequent juntas are regarded as laws.

Former prime minister Thaksin Shinawatra, meanwhile, yesterday congratulated Thai citizens for “partially getting back their basic rights snatched by the NCPO almost five years ago”. Thaksin, who has been on self-imposed exile overseas since 2008, said in his Facebook message the junta was forced to lift the political restrictions. “It’s not their kindness to us,” he added.

The NCPO yesterday called on political parties to be involved in “constructive” activities following the lifting of the restrictions, spokesperson Colonel Sirichan Ngathong said.

Deputy Prime Minister Wissanu Krea-ngam said yesterday’s lifting of political restrictions allowed parties to immediately resume their political activities, even before a Royal Decree announcing the election date is issued.

Following the lifting of the ban, political parties yesterday immediately became active and reviewed campaign plans for the upcoming election. A member of the pro-junta Phalang Pracharat Party, Sira Jenjaka, erected a campaign billboard on Chaeng Wattana Road introducing himself, literally 30 minutes after the junta order was issued yesterday.

Future Forward spokesperson Pannika Wanich, meanwhile, revealed that the party was lining up major events this month.

Starting this Sunday, she said, the party will hold an event entitled “Showing the Vision, Changing the Future,” to announce its key policies for the electoral campaign.

The lifting reverses a prohibition on political parties convening meetings or organising political activities. The cancelled restrictions include the ban on political gatherings of five or more people.

The Royal Gazette on December 11 published the ban lifting

As a result of the move, election campaigning can begin from January 2, once the Royal Decree on the general elections is issued.

Also lifted was an order banning financial transactions involving people’s assets that were deemed necessary for the sake of national security and the public’s life and assets security.

The cancellation of the orders was aimed at facilitating political activities in advance of the general election expected on February 24, the first under the 2017 Constitution.

The announcement came after the government of Prime Minister Prayut Chan-o-cha confirmed on December 7 that the poll will definitely be held on February 24.

The new law on MP elections also came into effect on December 11.

With the new legislation in effect, the ruling National Council for Peace and Order is essentially forced to lift restrictions on public discussion of issues.

The lack of legitimacy will be due to the complex network between the military, public servants, the conservatives and big corporates, which only protect their own interests, and the fact that the ruling National Council for Peace and Order (NCPO) has destroyed the credibility of independent agencies, Thirayuth said yesterday. He was speaking at the 45th anniversary of the 1973 uprising that he led.

The rampant lack of transparency and populist policies are no different than those during Thaksin Shinawatra’s time, when the government used all kinds of ploys to gain an advantage over other parties, Thirayuth pointed out.

Similarly, he said, the junta government was now trying to buy votes using populist schemes, such as handing out cash as “New Year” gifts to low-income earners.

These offerings may help the junta win the election, but many other problems will ensue due to poor legitimacy, the activist predicted.

“They need to change their mindset, from considering themselves as the holders of sovereign power to accepting differences,” he said. “It is only this way that they can run the country.”

Thirayuth’s comments come amid controversy surrounding the NCPO’s and Prayut’s role before, during and after the elections.

Although the organic law on MP election will go into effect today and the ban on political activities will be relaxed subsequently, critics and politicians are concerned that the regime will interfere with the elections and retain its power.

After Prayut proposed that party symbols and names be removed from the ballot paper, politicians yesterday called on the Election Commission (EC) to maintain its independence and make the elections free and fair.

Thai Raksa Chart leader Preechapol Pongpanit said yesterday that he wanted all the independent agencies to be transparent and straightforward about the election to ensure that an elected government can serve the public with no questions asked.

He also advised the EC to disregard any opinions from irrelevant parties and insisted that ballot papers include party symbols and names. Otherwise, he said, it will not be in line with the Constitution, which requires that ballot papers be designed so the voter can not only choose the constituency candidate but also the party.

Suwat Liptapanlop, a key member of Chart Pattana Party, said yesterday that the EC should make a clear decision on the matter and ensure that the elections are free and fair and that voters turn up to exercise their right.

WE CAN NOW start counting down – with more confidence – to the national elections after the junta confirmed on Friday that the poll will definitely be held on February 24. The new law on MP elections also comes into effect today.

With the new legislation in effect, the ruling National Council for Peace and Order will have no choice but to lift the restrictions on political activities, which have been in place since the May 2014 military coup.

Nine key junta orders that restricted political activities will be lifted, the NCPO said at its meeting with political parties on Friday. These include the prohibition on political parties convening meetings or organising any political activities, as well as a ban on political gatherings of five or more people.

Campaigning can begin from January 2, once the Royal Decree on the general elections is issued.

However, it remains unclear if parties can campaign as freely as in the past. There has been speculation of possible conditions, particularly for major campaigning events, after Prime Minister Prayut Chan-o-cha recently hinted at a “set framework” for campaigning.

“Election campaigning must be done within a set framework,” General Prayut said last Thursday. “Permission must be sought on a case-by-case basis and for certain matters. We have to find a way to keep the country peaceful, or chaos will break out before we can achieve democracy.”

Observers believe that if free election campaigning were allowed, then the junta leader and the pro-junta Phalang Pracharat Party would certainly become fodder for intense attacks from their political rivals.

Election candidates, meanwhile, have to be registered between January 14 and 18. For the first time, the Constitution requires that every political party contesting in the general elections submit a list of no more than three PM candidates to the Election Commission (EC).

It is at this stage that all eyes will be on General Prayut.

Phalang Pracharat is expected to nominate Prayut as its first PM candidate, though he has refused to speak about this possibility so far.

Apart from whether Prayut will be nominated for the candidacy, the other question is whether Phalang Pracharat will nominate two more candidates for the country’s top job and who they will be. So far, it has been speculated that the second and third candidates could well be Deputy PM Somkid Jatusripitak, who heads the government’s economic team, and Industry Minister Uttama Savanayana, who is also party leader, respectively.

Contrary to speculation that the pro-junta party will only nominate Prayut, a source from Phalang Pracharat said it would firmly stick to its original plan of nominating three PM candidates. “Up till now I have heard of no changes,” the source added.

Pheu Thai Party, meanwhile, is expected to nominate Sudarat Keyuraphan, who chairs the party’s election strategy committee, as its first PM candidate. It is yet to be seen who will be Pheu Thai’s second and third PM candidates – and if any of the candidates will be a Shinawatra, considering the family has retained power in the party.

For Thai Raksa Chart Party, veteran politician Chaturon Chaisang is the top favourite for first PM candidate. This party also has connections with the Shinawatras.

The Democrat Party, meanwhile, is expected to nominate party leader Abhisit Vejjajiva as its first PM candidate.

Once voting is over, the EC has to announce at least 95 per cent of the results within 60 days, or by April 25. During the 60-day period, the agency has the power to disqualify winners suspected of getting elected using dishonest means or seek the dissolution of parties suspected of fraud.

At the bargaining table

At this time, a lot of negotiating, bargaining and manoeuvring can be expected as parties aspiring to form the next government get involved in the numbers game.

It is at this stage, even before the next Parliament convenes, that we will get a clear picture of who will take over as premier.

According to the Constitution, the new Parliament must convene within 15 days after the election result is announced, which means no later than May 9.

However, the charter has not set any deadline for the naming of a new prime minister. That will mainly depend on who the parties that have won seats in the 500-member House of Representatives will vote on among the nominated PM candidates.

If no accord is reached, the 250 NCPO-appointed senators will be allowed to get involved in the voting to select the next government head.

Clearly, a new round of the fight for political power is just around the corner.

People whose ID card numbers start with 31, 35, 36, 37, 38 and 39 were able to withdraw the cash from Krungthai Bank’s ATM machines yesterday.

On Saturday, the government transferred funds into the accounts of the first batch of 4 million cardholders, whose ID cards begin with the numbers 32, 33 and 34.

Today, the last batch of 2.9 million cardholders, whose ID numbers start with 1, 2, 4, 5 and 8, will get their money.

Though the recipients were grateful for the extra Bt500, critics have lambasted the government for the handout, which they see as an attempt to win popular support ahead of the February 24 general elections.

In the southern province of Songkhla, many people were seen queuing up in front of Krungthai ATM machines to get their money, with some saying that even though Bt500 is not much, it can go a long way for poor people.

In Yala province, there were long queues of mostly senior citizens who had failed to access their “gift” earlier yesterday. In the Northeast province of Nakhon Ratchasima, few withdrew their gift because they did not know that the money had been transferred in line with their ID numbers.

In Udon Thani, many young people were seen helping senior citizens make ATM withdrawals, as cardholders had to key in their ID number to get a code before withdrawing the funds.

Apart from this Bt5.5-billion handout programme, the government is also offering limited electricity and tap water subsidies to welfare cardholders whose income is less than Bt8,333 per month or less than Bt100,000 per year.

THE DEMOCRAT PARTY is looking at legal means to deter the junta leader’s proposal to remove political parties’ symbols and names from ballots, fearing it will cause confusion among voters.

This unprecedented proposal by Prime Minister Prayut Chan-o-cha was met with objections from politicians and critics, who believe the absence of symbols and names will only benefit the pro-junta Phalang Pracharat Party, as many well-known politicians are running under its banner.

Democrats held a discussion yesterday and said the party’s legal department would check the issue and work on trying to stop anything that could prevent free and fair elections.

Democrat Party spokesman Thana Chiravinij said yesterday that the removal of names and party symbols will not just give one party an advantage, but will also cause confusion among voters, especially among the senior citizens and the illiterate.

This confusion may even discourage these voters from turning up, he said, adding that it is the Election Commission (EC)’s job to ensure every citizen exercises his or her right to vote.

However, proponents of the proposal argue that it will be easier for the EC to only show candidate numbers on the ballot and leave out other details because candidates from the same party this time will not share the same number.

However, Thana called on the EC to put public interest ahead of its own convenience.

General Prayut’s proposal has also raised questions about whether the junta is meddling with the election.

Thana pointed out that Prayut should never have been part of the meeting between the ruling National Council for Peace and Order and party representatives on Friday and should have distanced himself from the election process altogether.

He said this was especially important, considering the fact that the prime minister has the absolute power to appoint or remove members of independent agencies like the EC.

Meanwhile, former election commissioner Somchai Srisuthiyakorn said on Facebook yesterday that this was an old trick to get voters to choose candidates whose names they were most familiar with, adding that voters may not realise that these candidates were now with Phalang Pracharat.

“The only party benefiting from this will be the one that has stolen former MPs from other parties,” Somchai wrote.

He added that removing logos and party names can lead to further complications, as this move may lead to a lawsuit or the election being voided, because having a ballot without party symbols and names violated the Constitution.

Onus on EC

The former EC member also implied that if the election ends up being unsuccessful, then the current seven EC members may be held responsible for wasting the over Bt5-billion budget earmarked for the national poll.

Politicians and critics echoed these concerns, including Pheu Thai key leader Sudarat Keyuraphan, Democrat member Alongkorn Ponlaboot and political scientist Sirote Klampaiboon.

It said the Thai authorities must drop all “arbitrary restrictions” on human rights and peaceful political activities before the general elections.

“As a first step, authorities must fully lift the arbitrary restrictions on freedom of expression, peaceful assembly and association,” Amnesty said in a statement released on Friday.

The international watchdog group’s statement came as the ruling National Council for Peace and Order held a meeting with political parties at the Royal Thai Army Club regarding the upcoming national vote.

“Since the coup, the regime has imposed a raft of repressive and unwarranted bans on political activity and the exercise of the rights to freedom of peaceful assembly and expression,” said Katherine Gerson, Amnesty International’s Thailand campaigner.

“These bans have severely damaged Thailand’s human rights, political life – and reputation,” she added.

Gerson said that the military government pledged to lift those restrictions, as it proceeded with a roadmap towards the elections. “But so far, the junta has taken virtually no steps towards fulfilling this promise,” she said.

“While Thai authorities have said they may lift some restrictions from next week, they must go all the way. The government must end its use of fear, intimidation and imprisonment against individuals who are peacefully speaking their mind,” Gerson said.

Across Thailand, hundreds of students, academics, journalists, lawyers, activists and others are facing long jail sentences for peaceful criticism, gathering in public, calling for their rights to be restored or simply calling for elections.

The group demanded that Thai authorities allow people to receive and distribute information online and from the media, engage in public debate and campaigns, gather peacefully and demonstrate, criticise politicians and express diverse or dissenting viewpoints without fear of imprisonment or persecution.

“The authorities should also send a clear signal of their commitment to uphold these rights by dropping charges – and repealing convictions – of all individuals targeted solely for peacefully exercising their rights,” Amnesty said in its statement.

“As the junta moves closer to holding these elections, they continue a pattern of legally harassing their opponents into silence,” Gerson said.

“For too long, the military government has used public order as a pretext to shield themselves from criticism and cling to draconian controls on people coming together and speaking their mind.”

The junta on Friday reaffirmed the dates for its “roadmap to democracy” with February 24 confirmed as the polling day, while April 25 and May 9 were favoured as the respective dates to announce election results and establish the elected Cabinet. Government legal expert Wissanu Krea-ngam, also a deputy prime minister, said that within this month and before the election decree is out, the ban on political activities will be lifted and nine junta orders related to the restriction will also be nullified.

The election campaign decree will be issued on January 2, Wissanu said. Then on January 4, the Election Commission (EC) will formally announce the election date as well as the MP candidate lists and other details, he added. On that day, the date will be published in the Royal Gazette.

Each party will submit its list of prime minister candidates to the EC between January 14 and 18, Wissanu said. On January 25, the EC will announce all MP candidates from different parties, he added. While the junta has maintained its tentative February 24 election date, Thais living overseas will be able to cast their ballots between February 4 and 16, and those living outside their constituencies will vote February 17, a week before the election day.

The election result, Wissanu said, will be announced within two months of the poll, or by April 25. The first meeting of the new Parliament should be held by May 9, when the new Cabinet and prime minister will be selected and take an oath, Wissanu said. The role of the ruling National Council for Peace and Order (NCPO) should also fade away in the process. Wissanu said that from December 28, the junta will stop proposing legislation to the National Legislative Assembly (NLA).

The NLA itself will also cease legislation from February 15, he added. However, the NCPO will still maintain power to make a final decision on the selection of 250 senators, and the process should be finalised by April 28, Wissanu said. The timeline was revealed on Friday by the junta in its controversial meeting with political parties that addressed the election itself as well as the ban on political activities imposed since the coup over four years ago.

The NCPO said the meeting was needed so political parties can make arrangements and campaign ahead of the election, which is less than three months away. The EC had invited 105 parties to join the discussion on Friday. Seventy-five, mostly medium-sized and smaller parties, accepted the invitations while major players such as Pheu Thai Party, Thai Raksa Chart and Democrat Party refused to take part, citing that it was held by the illegitimate junta.

Anti-junta parties such as Future Forward Party and Seri Ruam Thai Party also rejected the invitation. Kian Party (Troll Party) led by anti-coup activist Sombat Boonngamanong had not been invited. Sombat was present dressed as a pirate, but was asked to leave the venue on grounds that he had not been on the invitation list and that the party had not been fully registered by the EC. Chaired by junta leaders PM General Prayut Chan-o-cha and Deputy PM General Prawit Wongsuwan, the Royal Army Club in Vibhavadi saw tight security. However, some 20 pro-election protesters present in front of the club called on the junta to be sincere in lifting the ban and holding an election.

Latest timeline

December 20: Election Commission announces regulations on MP elections;

December 28: Government stops submitting bills for deliberation by the National Legislative Assembly.

2019

January 2: Royal decree to allow election campaigning

January 4: EC to set election date January 14-18: Registration of MP candidates and prime ministerial candidates

January 25: Announcement of names of constituency and party-list candidates

February 4-16: Advance voting for Thais living abroad

February 17: Advance voting for citizens living outside home provinces

February 24: General election

April 25: Last day for EC to announce election results

May 9: Last day for new Parliament to convene first meeting.

Source: Deputy Prime Minister Wissanu Krea-ngam