Friday, September 28, 2012

What Men in Black?


The Final Report by the Truth in Reconciliation Commission of Thailand (TRCT) offers neither truth nor reconciliation.

There is no substantive proof given that there were any armed militants or “men in black” among the red shirt democracy protesters. Yet, the report goes out of its way to turn blame away from the military and government authorities to these mysterious figures.

To the TRCT and others, even the possible existence of “men in black” legitimizes the mass killing of innocent and peaceful protesters by the Thai military which, incidentally, has a very long and well documented record of slaughtering unarmed civilians.  

The TRCT report stated that the army used a whopping 117,923 bullets in their 2010 massacre.  And make no mistake about it, it was THEIR massacre.  They caused it starting back in 2006 when they decided that the people’s choice of government wasn’t acceptable to them.  

But evidently none of these 117,923 bullets struck any men in black.  Not one.  However, nurses, reporters, and children weren’t so lucky.  Over 80 unarmed civilians were killed and thousands wounded.  

And for what reason?  To sustain the position of an unelected, unpopular and undemocratic government for a few more months. 

Wednesday, August 1, 2012

Thailand’s Constitutional Court Is Not a Court of Justice




The urban/traditional Thai elitists' favorite weapon of choice against democracy in recent years is not the army, but the judiciary. The Constitutional Court has dissolved (completely banned) two consecutive parties of government - Thai Rak Thai and the People's Power Party. Each time, this shatters and fragments the representatives of the electorate.  Not only are the political parties outlawed, but many of their representatives are banned from running for political office for extended periods.

This past June, Thailand’s Constitutional Court threatened a judicial coup “hat trick” although this time they had to resort to decisions that went way beyond the limitations restricting their jurisdiction under the Constitution.

By once again meddling in the political arena which should be reserved to the elected representatives of the people, the unelected Constitutional Court judges proved that they are not a court of justice but a political force. They may think they are righteous and are advancing the best interests of the kingdom but they do not have the authority to override the decisions of the majority of people who vote.

And by exercising their political will from their courtroom they are guilty of misconduct and demonstrate a lack of judicial ethics and impartiality.
The president of the Constitutional Court is Wasan Soypisudh.

Wasan Soypisudh
His appearance and the way he runs the Constitutional Court may remind Americans who grew up in the late 1960’s and early 1970’s of "Bingo" in the children’s variety show, “The Banana Splits Adventure Hour.”




As much as the Constitutional Court hates videos, here’s one which puts their organization into a new light and explains why they are nothing but a joke and deserve no respect. 








Wednesday, July 25, 2012

Abraham Lincoln - Superhero Anti-Royalist


There is a movie out in theaters now called Abraham Lincoln – Vampire Hunter.  I haven’t seen this film (and don’t plan to) but it is being billed as presenting a secret life of our greatest president, and an untold story involving vampires that supposedly shaped our nation.

I admire Abraham Lincoln. He was born in a one-room log cabin on a farm in Kentucky.   His father Thomas Lincoln and mother Nancy Hanks Lincoln were very poor and uneducated farmers.  Abraham’s mother died when he was child and he used to help his father in farming as a manual labor.

In his youth, he had less than 12 months in total education and as a young man, he was entirely self taught in law. In 1836, he was licensed to practice law, become a very successful attorney with his own large law practice, prior to becoming President; yet, he had no apprenticeship training, and never attended college. 

Yet Abraham Lincoln became our greatest President.  He preserved the union and freed the slaves. Despite the deaths of hundreds of thousands of Americans, he fulfilled the promise of the Constitution to millions more. And more than any other president, Lincoln reminds us that we can rise above our differences and respond to the “better angels of our nature,” as he once said.

That is good enough for me to admire Abraham Lincoln. I don’t need to see any film that tries to portray him as superhero vampire hunter. 

But come to think of it, Abraham Lincoln did speak out against another group of evil blood sucking parasites – royalists.

Lincoln applied the principles of America’s founders by comparing the evil of monarchy to that of slavery. Referring to the arguments circulating in support of the supposed justice of slavery, Lincoln held in his famous speech of July 10, 1858:

They are the arguments that kings have made for enslaving the people in all ages of the world. You will find that all the arguments in favor of king-craft were of this class; they always bestrode the necks of the people, not that they wanted to do it, but because the people were better off for being ridden. That is their argument, and this argument of the Judge [i.e., Stephen Douglas] is the same old serpent that says you work and I eat, you toil and I will enjoy the fruits of it. Turn in whatever way you will—whether it come from the mouth of a King, an excuse for enslaving the people of his country, or from the mouth of men of one race as a reason for enslaving the men of another race, it is all the same old serpent …

Slavery and king-craft:  “[I]t is all the same old serpent[.]”  Thank you, Mr. Lincoln. 


May we borrow that ax of yours to deal with some certain serpents?






Tuesday, July 3, 2012

Ambassador Kenney Reaches Out To Political Prisoners in Thailand




Every year the U.S. State Department releases a report on human rights practices for each country in the world. These Human Rights Reports – cover internationally recognized individual, civil, political, and worker rights, as set forth in the Universal Declaration of Human Rights and other international agreements. The U.S. Department of State submits reports on all countries receiving assistance and all United Nations member states to the U.S. Congress in accordance with the Foreign Assistance Act of 1961 and the Trade Act of 1974. The content of these reports are primarily based upon input from the U.S. Embassies located in these countries. 

I’m just getting around to this but just over a month ago, the 2011 Country Reports on Human Rights Practices were released.  One of the grave deficiencies in Thailand’s 2011 report concerned political prisoners.

It wasn’t just that the U.S. Embassy failed to highlight the predicament of political prisoners in Thailand.  They completely denied the existence of any political prisoners at all.  From the report:

“There were no reports of political prisoners or detainees.

Really?! There are so many political prisoners in Thailand that the government has built a special prison just for them.  It wasn’t as if it were secret as this was routinely reported in all of Thailand’s news outlets. For example: here, here, and here.

By denying their existence, the U.S. embassy in Thailand is complicit in the Thai government’s evil handiwork involving political prisoners. The question which arises is “why?”.

Certainly, many of the political prisoners in Thailand are the direct result of the unjust lèse majesté laws.  There has been a surge of lèse majesté cases since the 2006 coup which isn’t surprising.  Most of the power-mad royalists use the charge to silence those who would prefer a more democratic Thailand with justice and equality.

I’m sure the U.S. Government, which supported the 2006 coup, would prefer not to criticize the royalists’ primary tool of stifling dissent by classifying lèse majesté prisoners as political prisoners. Or perhaps, Ambassador Kenney doesn’t want to miss any invitations to royal birthday celebrations.

Of course, there could be another reason.


I would hope that the U.S. Embassy would consider our country’s very first document on this eve of its two hundred and thirty-sixth anniversary when they help draft any more “human rights” documents of their own.  

I’m only happy to share the words of our Declaration of Independence below.  Happy Fourth of July!   

IN CONGRESS, JULY 4, 1776
The unanimous Declaration of the thirteen united States of America

When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. — Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected, whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice by refusing his Assent to Laws for establishing Judiciary Powers.

He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil Power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

For quartering large bodies of armed troops among us:

For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

For depriving us in many cases, of the benefit of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences:

For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies

For taking away our Charters, abolishing our most valuable Laws and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us.

He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.

He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation, and tyranny, already begun with circumstances of Cruelty & Perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these united Colonies are, and of Right ought to be Free and Independent States, that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. — And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor. 

Thursday, June 21, 2012

Human Trafficking Tier 2 Watch List for Thailand… Again!


The State Department released its 2012 human trafficking report on Tuesday and for the third straight year Thailand was placed on the Tier 2 Watch List. But there is more to this than meets the eye.
The Trafficking in Persons (TIP) Report is the U.S. Government’s principal diplomatic tool to engage foreign governments on human trafficking. It is also the world’s most comprehensive resource of governmental anti-human trafficking efforts and one of the good things the U.S. Government actually does in the world. I have pulled out the part of the 2012 report on Thailand and made it available here. The entire world report can be found on the U.S. Department of State website here.

The TIP report is mandated by the Trafficking Victims Prevention Act (TVPA) passed by the U.S Congress in 2000. In the TIP Report (released annually in June), each country is placed onto one of three tiers based on the extent of their governments’ efforts to comply with the “minimum standards for the elimination of trafficking” found in Section 108 of the TVPA.

A GUIDE TO THE TIERS

TIER 1
Countries whose governments fully comply with the TVPA’s minimum standards.

TIER 2
Countries whose governments do not fully comply with the TVPA’s minimum standards, but are making significant efforts to bring themselves into compliance with those standards.

TIER 2 WATCH LIST
Countries whose governments do not fully comply with the TVPA’s minimum standards, but are making significant efforts to bring themselves into compliance with those standards 

AND:

a) The absolute number of victims of severe forms of trafficking is very significant or is significantly increasing;

b) There is a failure to provide evidence of increasing efforts to combat severe forms of trafficking in persons from the previous year; or

c) The determination that a country is making significant efforts to bring itself into compliance with minimum standards was based on commitments by the country to take additional future steps over the next year.

TIER 3
Countries whose governments do not fully comply with the minimum standards and are not making significant efforts to do so.

The TVPA lists additional factors through which to determine whether a country should be on Tier 2 (or Tier 2 Watch List) versus Tier 3. First, the extent to which the country is a country of origin, transit, or destination for severe forms of trafficking. Second, the extent to which the country’s government does not comply with the TVPA’s minimum standards and, in particular, the extent to which officials or government employees have been complicit in severe forms of trafficking. And third, reasonable measures required bringing the government into compliance with the minimum standards in light of the government’s resources and capabilities to address and eliminate severe forms of trafficking in persons.

As I’ve reported before, after Thailand’s military made Abhisit Vejjajiva the Prime Minister, Thailand’s Tier ranking slipped from being Tier 2 previously under the democratically elected PPP led government to being on the Tier 2 Watch List for 2010 and 2011.   
This consecutive Tier 2 Watch List ranking is important in that in 2008, the William Wilberforce Trafficking Victims Protection Reauthorization Act included a provision (Section 107) that any country that has been ranked Tier 2 Watch List for two consecutive years and that would otherwise be ranked Tier 2 Watch List for the next year will instead be ranked Tier 3 for the next year. 

And if a country is ranked as Tier 3 then several penalties could be levied. Penalties such as the withholding or withdrawing of non humanitarian, nontrade-related foreign assistance, the withholding of funding for government employees’ participation in educational and cultural exchange programs, and U.S. opposition to assistance (except for humanitarian, trade-related, and certain development-related assistance) from international financial institutions such as the International Monetary Fund (IMF) and the World Bank.

So, by being placed on the Tier 2 Watch List and allowing human trafficking to flourish in Thailand for two consecutive years, Abhisit not only embarrassed the Kingdom but he put the country at risk of economic penalties.  

However, Section 107 of the 2008 Act also provided a waiver of the consecutive Tier 2 Watch List rule. 

“The President may waive the application of clause for up to 2 years if the President determines, and reports credible evidence to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, that such a waiver is justified because - (I) the country has a written plan to begin making significant efforts to bring itself into compliance with the minimum standards for the elimination of trafficking;  (II) the plan, if implemented, would constitute making such significant efforts; and (III) the country is devoting sufficient resources to implement the plan.

This is how Thailand received another Tier 2 Watch List ranking and not the otherwise required downgrade to the Tier 3 ranking. The government led by PM Yingluck Shinawatra provided a written plan that, if implemented, would constitute making significant efforts to meet the minimum standards for the elimination of trafficking and is devoting sufficient resources to implement that plan. Her government also continued implementation of its human trafficking law and conducted awareness-raising activities on human trafficking.

Also, during Yingluck’s first month in office, UN Special Rapporteur on trafficking in persons, Joy Ngozi Ezeilo, was invited to visit.  In a press statement following her visit, the UN Special Rapporteur on trafficking in persons noted, among other shortcomings, weak enforcement of the country’s legal antitrafficking framework, inadequate efforts to address trafficking of migrants, endemic corruption among law enforcement officials, and a systemic failure to properly identify victims and protect their rights and safety. Yingluck’s government agreed to fund and open five national verification centers for Burmese migrant workers inside Thailand. These centers opened in late April 2012.

Although much more progress is needed, the democratically elected government led by PM Yingluck Shinawatra has at least started tackling the problem of human trafficking in Thailand exacerbated by a military installed government led by Abhisit Vejjajiva. Under his regime, Thailand’s image in the world’s eyes were tarnished. Instead of focusing government resources insanely on apprehending Thaksin Shinawatra and staying in power, Abhisit should have addressed the needs of Thailand’s citizens – but, of course, Thailand’s citizens weren’t the ones Abhisit had to report to.