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    Southeast Asia
     Apr 1, 2006
Thai elections: Democracy delayed
By Shawn W Crispin

BANGKOK - As Thailand gears up for Sunday's general election, the results are a foregone conclusion. The more pressing question is, what happens next?

Running unopposed in 271 out of 400 constituencies, caretaker Prime Minister Thaksin Shinawatra's Thai Rak Thai party is guaranteed to win a landslide majority. The main opposition Democrat Party is boycotting the elections, insisting that Thaksin resign and allow King Bhumibol Adulyadej to appoint an interim government that would oversee constitutional reform.

The election will be held against the backdrop of a growing and



increasingly assertive people-power movement, the People's Alliance for Democracy (PAD), which is also calling upon the revered monarch to appoint a neutral prime minister. Last week PAD staged its largest protests yet in Bangkok's main shopping and business districts. The movement's leaders have criticized the election's legitimacy and have vowed to resume their protests on April 7.

Thailand's wobbly democracy faces its biggest test since the military seized power from an elected government in 1991, and later in 1992 opened fire on protesters demanding a return to democracy. Thaksin dissolved parliament and called the snap poll in late February in a bid to renew his mandate and firm up his sagging political legitimacy. His government has been rocked by the PAD's allegations, ranging from disloyalty to the throne to rampant corruption to selling national security-sensitive assets to Singapore.

Those accusations have resonated deeply with Bangkok's politically powerful upper and middle classes, which when mobilized onto the streets, have historically driven different scandal-ridden governments from office.

Crisis ahead, crisis behind
Thaksin, whose popularity remains strong in the provinces outside Bangkok, has insisted that Sunday's election results should put a stop to the growing anti-government protests. His campaign managers aim to win more than the 19 million votes they secured last year, which resulted in an overwhelming 375 seats for Thai Rak Thai in the 500-seat parliament. Thaksin has promised to stand down if his party receives less than half of all ballots cast.

But it is just as likely that contentious election results will add more fuel to the protesters' fire. Opposition allegations that Thai Rak Thai party members manipulated the Election Commission's database to allow small, unknown parties to compete in the election have already raised doubts about the poll's integrity. The accused officials have denied the charges and filed criminal defamation charges against Democrat secretary general Suthep Thaugsuban.

More significantly, the elections are almost guaranteed to result in an unprecedented sort of constitutional crisis, which depending on how events unfold, could conceivably lend itself to a resolution through royal intervention.

Many Thai Rak Thai candidates who are running unopposed in constituencies loyal to the Democrat Party will not garner the 20% of eligible votes legally necessary to assume their seat in parliament, political analysts predict. And because one senior Thai Rak Thai candidate dramatically resigned and ordained as a Buddhist monk after the election was called, the party will only have 99 of the necessary 100 party list candidates. In both instances the election would be deemed incomplete by the Election Commission and parliament could not legally convene to select a prime minister.

Thaksin's lawyers have already prepared a sort of legal fudge for such an eventuality. Bhokin Polakul, former parliament president and legal advisor to the prime minister, has argued that parliament could be informally opened but not formally convened for as long as necessary until Thai Rak Thai candidates are able to achieve the 20% threshold for all 400 constituencies through a series of ongoing runoffs.

Brushing off his critics, Thaksin has indicated his willingness to steer a one-party government, vowing that he would use absolute control of parliament to amend hundreds of laws he claims undermine the interests of the country's rural poor. On the campaign trail, he has promised to expand his government's populist 30 baht health care scheme, to provide laptop computers to all children entering the public school system, and to extend his "1 million cows" policy into more rural areas. (The current plan calls for cattle to be distributed to a million households over three years.)

Critics say a one-party government would also give Thaksin unprecedented leverage to push through other measures, dressed up as economic reforms, that would effectively benefit his colleagues' and family's big business interests. Many state enterprises and state-controlled broadcast and telecommunications frequencies are scheduled for privatization.

Thaksin's tendency to reward loyalty has piqued a wide cross-section of traditional Thai business elites, who have been marginalized by many of Thaksin's economic and financial policies. His government has taken particularly hard aim at the business families that control the few remaining commercial banks. The same thing has happened inside the historically powerful Thai bureaucracy, where Thaksin has sidelined or sacked many seasoned technocrats to clear the way for his political allies.

In many ways, then, Thailand's political conflict is actually a reflection of the ongoing power struggle between Bangkok old money elites vying to protect their interests and reassert their influence against the new money elites, represented by Thaksin's business-minded political clan, that for the past five years have aggressively aimed to undermine them. A new democratic mandate shored up by rural voters will do little to defuse the urban-oriented elite-on-elite divisions Thaksin's rule has opened and accentuated, political analysts say.

Mobs, bombs and crackdowns
Historically, Thailand's political imbroglio has significant regional precedents. Thailand's PAD has obviously cribbed its protest cues from the people-power movement that coalesced in 1986 to oust from power the Philippines' democratically elected dictator, Ferdinand Marcos. A similar popular movement unceremoniously pushed democratically elected Indonesian strongman Suharto from power in 1998.

Both authoritarian leaders famously manipulated elections to lend democratic legitimacy to their long and heavy-handed rule. In Indonesia, Suharto famously orchestrated what he referred to as "festivals of democracy", dressing up polls that were tightly controlled by his Golkar party's formidable political and military machinery. Marcos similarly stage-managed elections, mainly to please his military allies in the US.

Rampant corruption and abuse of power finally undercut the legitimacy of both Southeast Asian authoritarian regimes. Now with similar allegations being lodged against Thaksin's democratically elected government, the question is whether Thailand has reached a similar point of political inflection.

For Thailand's protest movement, the historical signposts are just as worrying as they are hopeful. Opposition Democrat Party leader Abhisit Vejjajiva recently noted to reporters that his party boycotted elections in 1957, in a similar bid to undermine the authority of an abusive regime. The end result of that political brinkmanship was a military coup and an even heavier-handed military government.

Both Suharto and Marcos came under varying degrees of popular pressure to resign their posts, and both leaders cracked down viciously against their opponents, suspending civil liberties and jailing dissenters in the process. A series of mysterious bombs blasted public buildings, private offices and department stores in Manila in 1972, blamed on communists but planted by Marcos's allies, provided the pretext for Marcos to declare martial law, crack down on the media, jail the opposition and maintain an unrivaled grip on power for an additional 16 years.

It is not inconceivable that Thaksin will attempt to do the same, particularly if the protests intensify after the election. There are growing hints that Byzantine politics are at play. A series of mysterious bombs have been planted in front of the offices and headquarters of various PAD leaders. In late March, a bomb was defused before detonating in front of the Democrat Party's Bangkok headquarters. A bomb also exploded in front of the residence of chief privy councilor Prem Tinsulanonda, widely viewed as reclusive King Bhumibol's public conscience.

Thai police investigating the incidents have failed to uncover any leads or suspects behind the small-scale explosions. At the same time, police have started to record the critical public speeches made by PAD protest leaders, and last week Thaksin filed criminal defamation lawsuits against four Thai newspapers that published in full the speeches of protest leaders. Criminal defamation charges in Thailand carry a possible two years in prison.

Thai Rak Thai officials have also said they have compiled enough evidence to file as many as 40 different criminal defamation suits against PAD ringleader and media personality Sondhi Limthongkul. They are also investigating allegations that one of Sondhi's recent speeches could be construed as lese majeste for referring to the monarchy.

Kom Chad Leuk, a Thai language daily that published Sondhi's remarks, publicly apologized and agreed to stop publishing for five days after having their offices besieged by pro-Thaksin supporters. It is altogether possible that Thaksin might make legal moves against other critics who have mentioned the monarchy in their public critiques of his government - carrying possible jail terms of more than 20 years.

There are ominous signs that Thaksin's government is preparing for a crackdown. One senior Thai Rak Thai party member has already indicated that the government will view any protests held after Sunday's election as "acts of rebellion", signaling a possible more confrontational approach toward the so far peaceful protests. Thaksin's unexplained promotion of Deputy Prime Minister Chidchai Vanasatidya, a former police general and close Thaksin ally, as his second in command has been interpreted by some political insiders as a move designed to absolve the premier from legal responsibility for an eventual police-led crackdown on protesters.

Any crackdown would almost certainly require the military to step in and restore law and order. And there are signs that Thaksin is preparing for just such an eventuality. This year's mid-year military reshuffle has been delayed due to the deteriorating political situation. Army Commander Sonthi Boonyaratkalin, who has steadfastly insisted that the army would remain neutral and not get involved in the conflict, has reportedly expressed his displeasure at Thaksin's attempts to promote a large number of his former Class 10 police cadet school colleagues over more senior officers to army units responsible for Bangkok's security.

Above the fray
King Bhumibol's steadying and unifying influence sets Thailand apart from other regional countries that have slipped into prolonged periods of political chaos. The monarch hovers above the cut-and-thrust fray of daily politics, and historically has intervened only in times of genuine national crisis, most recently during the bloodshed of 1992.

So far the palace has maintained its steely silence to opposition calls for royal interventions to remove Thaksin. Through Article 7, the Thai constitution allows for the monarch to provide "guidance" in dealing with problems that are not specifically outlined in the constitution. Thaksin has indicated he would step down if King Bhumibol says he should, but legal scholars say his replacement would have to be elected by parliament.

Sunday's election will inevitably lead Thailand toward a constitutional void. By calling an election that, due to the opposition's boycott, will not meet all the legal requirements under the 1997 charter, Thaksin faces a potential post-election constitutional challenge from his opponents. If parliament can not be legally convened, and the country drifts into political chaos without a functioning government, then the conditions would be ripe under Article 7 for the King's intervention.

As Thailand heads for inconclusive polls and the people-power movement vows to up the tempo of its protests, King Bhumibol's influence increasingly seems the best bet for a peaceful and lasting solution to Thailand's grinding political conflict.

Shawn W Crispin is Asia Times Online's Southeast Asia editor

(Copyright 2006 Asia Times Online Ltd. All rights reserved. Please contact us about sales, syndication and republishing .)


No room for Thai complacency (Mar 30, '06)

Thai court sets a powerful precedent (Mar 25, '06)

Thailand's calm before the storm (Mar 15, '06)

Thai democracy in the wilderness (Mar 3, '06)

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