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Posts from the ‘Article 112’ Category

With Greater Caution, Article 112 Reform Returns to KKU

2012 February 29
by The Isaan Record

KHON KAEN – For the second time in recent weeks, the Campaign Committee to Amend Article 112 (CCAA 112) continued its effort to reform the lèse-majesté law (Article 112) on Khon Kaen University’s campus, this time employing a non-confrontational tactic akin to “don’t ask, don’t tell.” The organizers from the Thai Undergraduate Student Union sought to avoid conflict with the university and chose to identify the event at KKU’s Kwan Mor Hotel as a meeting of the innocuously named “Community Development Institute.” The university, for its part, received a statement of purpose from the Student Union and opted not to inquire about future meetings.

Though the organizers’ procedural sleight of hand could be easily overlooked, it is emblematic of the treacherous pas de deux that Thai intellectuals and universities have been practicing ever since the CCAA 112 began its controversial campaign in mid-January.

Indeed, the previous meeting of CCAA 112 at the campus hotel on January 29 saw its headlining speaker and KKU academic Dr. Buapun Promphakping drop out at the last minute. The Associate Professor at the Faculty of Humanities and Social Science later clarified his absence by saying that Manager Online reporters had incorrectly identified his faculty to be one of the event’s organizers and Dr. Buapun, “thought the [faculty] would not be happy with that.”

This Monday afternoon, however, Dr. Buapun sat in on the forum, though he was the only KKU professor in attendance. After last month’s confusion, he chose not to address the audience.

“The upcountry universities are very careful about this sort of thing,” said Dr. Buapun. “Khon Kaen University is not like Thammasat University or Chulalongkorn University [in Bangkok]. We are a [provincial] university and we seem to understand that we are part of the government. Government policy is concerned with security, so [KKU] is more concerned with security than freedom of speech.”

On February 13, Thammasat University decided to officially allow Article 112 activities on campus after its ban on such activities two weeks earlier created much controversy.  The decision by Thammasat, notoriously the most politically active campus in Thailand, has not visibly influenced other state-run schools in the provinces.

In addition, Dr. David Streckfuss, the foremost scholar on Thai lèse-majesté law and a resident of Khon Kaen, gave a short presentation on lèse-majesté laws in other constitutional monarchies. He did not, however, utter the word “Thailand” even once.

When asked why he had chosen not to speak about lèse majesté in Thailand, Dr. Streckfuss responded without mention of self-censorship. “Thais might have less access to different kinds of laws or other kinds of provisions [on lèse majesté] from other constitutional monarchies,” he said. “Thailand, or at least the new government, has made a case of wanting to follow international standards of human rights. If that’s the case, then we would look at what those standards are and how they are observed in countries that are members of the European Union, for instance, and how these countries handle lèse majesté.”

Even though Monday’s event proceeded with much circumspection, its student organizers were not distressed by the kind of caution exercised by students and academics alike. Instead, they saw it as integral in their campaign to spread information about Article 112 and the proposed reforms.

“We’re not afraid of anything, but we evaluated the situation and we didn’t want there to be pressure that would have disallowed us from holding the event at all, like the last time when a professor had to remove himself [from the panel],” said a student organizer from the Thai Undergraduate Student Union. “Next, we’re looking to go to Loei or Sakon Nakhon, or if there are people in villages who want to know about 112, we can even set up talks in small communities.”

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Article 112 Reform in the Provinces

2012 February 1
by The Isaan Record

KHON KAEN – The Campaign Committee to Amend Article 112 of the Criminal Code (CCAA 112), the first aggressive, nationwide campaign to reform the world’s harshest lèse-majesté law, made its way to Khon Kaen this past Sunday with a panel discussion and petition-signing held at Khon Kaen University (KKU). Over 100 signatories gathered in the Kwan Mor Hotel to endorse the amendment drafted by the small group of Thammasat Law lecturers know as the Nitirat group.

Both CCAA 112 and the Nitirat group have come under intense criticism since the search for 10,000 signatures began on January 15. For many Thais, the proposal to amend the lèse-majesté law has been construed as a direct attack on long-reigning King Bhumibol Adulyadej himself, and in response, social media users and demonstrators have spared little vitriol for the movement.

Long considered the third rail of Thai politics, the lèse-majesté law has garnered increased media scrutiny and international attention in the past few years as the number of charges have grown by 1500%: from 33 charges in 2005 to 478 reported charges in 2010. Furthermore, the law’s minimum mandatory sentence is an exceptional three years long, with a maximum sentence of 15 years for a single count.

Though Sunday’s Khon Kaen discussion proceeded without incident, KKU’s academics were conspicuously absent, with much of the modest crowd composed of local Red Shirts, independent community members, and student activists.

Boonwat Chumpradit, a Khon Kaen Red Shirt villager in attendance, found the silence of KKU’s professors troubling. “Professors at the university should be the ones leadings us,” she said. “We shouldn’t have to be the ones leading them.”

Still, the campaign is so politically treacherous that even a professor from the Nitirat group declined to attend Khon Kaen’s meeting, telling the event’s organizer that it might endanger his relationship with his employer, Thammasat University. His fears seem to have been justified. The following day, Thammasat University rector Somkit Lertpaithoon announced on his Facebook page that Nitirat was banned from meeting on university property.

Complicating matters is the second campaign launched by Nitirat on January 22 that, among other things, seeks to nullify the legal effects of the 2006 military coup that ousted former Prime Minister Thaksin Shinawatra. Critics, however, claim this is simply a veiled attempt to pardon Mr. Thaksin for his 2008 corruption conviction. As a result, the group is seen as unthinkably transgressive: both pro-Thaksin and anti-monarchy. Indeed, over 200 members of Khon Kaen Residents Who Love the King gathered at the city’s spirit house on Friday night to protest the group on these very grounds.

Sunday’s motley crew of attendees cut across social, if not political boundaries. There were out-and-proud Red Shirts (“I came because I’m a Red Shirt… everyone should be able to critique [the king] just like they can critique a movie star.”), adamantly color-less university technicians (“The movement to correct the constitution is different from the Red Shirt movement.”), closeted Marxists, Yingluck apologists (“In truth Yingluck wants to change the law, but there are many factions in Thailand and she doesn’t want to fight with all these groups.”), and the likes of Ms. Boonwat, who came dressed to the nines in a floppy-brimmed red hat and flowing red dress.

At times, this audience grew rowdy and vocal as they were stirred to applause and cheers by the seminar’s three speakers: Prawet Praphanukul, lawyer to the anti-112 poster-child, Da Torpedo, Wad Rawee from CCAA 112, and Phornchai Yuanyee, Secretary of the Thai Undergraduate Student Union. Together they addressed the history, contradictions, absurdities, and abuses surrounding the lèse-majesté law.

As Sunday afternoon’s seminar came to a close and the floor was opened up to audience members, one KKU student took the microphone and pleaded for more action. “After we sign the petitions, we need to get in touch with our Pheu Thai representatives,” he said. “We are the ones who elected these representatives and now we need to get in touch with them and get them to change this law.”

This outlook, however, is bleak. Late last week, numerous Pheu Thai representatives swore off making any changes to Article 112. “The government and the Pheu Thai Party will never change Section 112 of the Criminal Code,” Deputy Prime Minister Chalerm Yubamrung said. “Even the thought of it can send us to hell.”

The next anti-112 event to be held in Khon Kaen is tentatively scheduled for February 27.

[Correction February 28, 2012: An earlier version of this story incorrectly reported that there was a 1500% growth in lèse-majesté “cases” between 2005 and 2010. However, the 1500% increase was actually in lèse-majesté charges issued in that time frame, oftentimes with several charges filed in a single case. The article has been amended to reflect this change.]