Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
7Activity
0 of .
Results for:
No results containing your search query
P. 1
White Paper: The Judicial Attack on Thailand's Democracy

White Paper: The Judicial Attack on Thailand's Democracy

Ratings: (0)|Views: 8,523 |Likes:
Published by Robert Amsterdam
The purpose of this White Paper is to alert the international community to an ongoing
assault—carried out largely under the standard of the Democrat Party of Thailand,
but engineered by a broader coalition of groups hostile to former Prime Minister
Thaksin Shinawatra—designed to remove a democratically elected government by
illegal means.
The purpose of this White Paper is to alert the international community to an ongoing
assault—carried out largely under the standard of the Democrat Party of Thailand,
but engineered by a broader coalition of groups hostile to former Prime Minister
Thaksin Shinawatra—designed to remove a democratically elected government by
illegal means.

More info:

Published by: Robert Amsterdam on Jul 17, 2013
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

06/01/2014

pdf

text

original

 
THE JUDICIALATTACK ONTHAILAND’SDEMOCRACY
DEMOCRAT PARTY GAMES
a WHITE PAPER by
AMSTERDAM & PARTNERS LLP
14 JULY 2013
 
1. Introduction
The purpose of this White Paper is to alert the international community to an ongoingassault—carried out largely under the standard of the Democrat Party of Thailand,but engineered by a broader coalition of groups hostile to former Prime MinisterThaksin Shinawatra—designed to remove a democratically elected government byillegal means.This alert to protect Thai democracy is even more pertinent and urgent given therecent military coup in Egypt. The actions of the Egyptian Army bluntly revealed toany of those who were still in doubt how fragile burgeoning democracies can be,particularly in countries where a lack of civilian oversight and accountability holdssway. The insipid response of the international community to the Egyptian coup andthe violence and deaths that occurred on the streets of Cairo and elsewhere in theaftermath of the Egyptian Army’s actions lend a stark warning to what might occur
in Thailand should anti-democratic forces take signicant action.
The government of Prime Minister Yingluck Shinawatra, which was elected andduly constituted in July 2011, is responsible to protect its citizens from (amongother things) crimes against humanity, such as the brutal slaughter of dozens of unarmed civilians under the Democrat administration of former Prime MinisterAbhisit Vejjajiva during the “Red Shirt” pro-democracy demonstrations in Bangkokin April/May 2010. The Yingluck administration is working toward justice for thosevictims, and toward ensuring that no such atrocities occur ever again in Thailand. 
While the Thai government’s responsibility toward its citizens ows from basic
principles of democratic governance, it is also enshrined in principles of internationallaw, including the concept of Responsibility to Protect.
1
Responsibility to Protectprinciples not only urge states to protect their citizens against mass atrocity crimes,
such as the crimes against humanity inicted upon the Thai citizenry during the
2010 Red Shirt demonstration; they also oblige the international community toencourage and assist individual states to meet those responsibilities. Further, if anindividual state is failing in its duty, the concept of Responsibility to Protect callsupon the international community to take collective action within the frameworkof the UN Charter.
2
 Protecting innocent civilians from brutal slaughter is no simple task in Thailand,as doing so requires breaking a cycle of lawless coups and killings that dates backdecades. The same groups that have been responsible historically for this cycle
of impunity—the almost exclusive beneciaries of the status quo that held beforethe rst truly democratic Constitution was adopted in 1997—are now using every
1. Responsibility to Protect (referred to as “R2P”) was endorsed by the United NationsGeneral Assembly (UNGA) in the 2005 World Summit Outcome Document.2
. See
UNGA Resolution A/60/L.1, at ¶¶ 138, 139, available at: http://www.
globalr2p.org/about_r2p
 
2
AMSTERDAM & PARTNERS | WHITE PAPER 2013conceivable method to remove a duly elected government, primarily through anextra-parliamentary campaign of street action and judicial manipulation. This White Paper describes the efforts by the anti-Thaksin coalition to underminethe results of the 2011 election, and it calls upon the international communityto throw its full-throated support behind the Yingluck government as it strives toadvance true democracy in Thailand, while preventing a repeat of April/May 2010.
2. Thailand in Context
In the July 2011 general election the people of Thailand duly elected the PheuThai Party to form their present government. They did so by giving the PheuThai Party a majority of members in the Thai parliament and by providing PheuThai with a 48.41% share of the vote, one of the highest vote shares for a singleparty in Thailand’s history. By August 2011 Yingluck Shinawatra was sworn in asPrime Minister and, with other small parties joining the Pheu Thai coalition, thegovernment’s democratic and parliamentary mandate was cemented.
The 2011 victory would be the fth-straight general election win for the variousembodiments of the Thai Rak Thai Party formed in 1998 by Thaksin Shinawatra
and his political allies. In 2001, 2005 and 2006, Thai Rak Thai secured pluralitiesor overwhelming majorities in the Thai parliament, becoming the most successfuldemocratic political entity in Thailand’s history.However, by September 2006 the Thai Rak Thai government had been ousted in anillegal military coup, Prime Minister Thaksin and the entire leadership of the partyhad been banned from electoral politics, and Thai Rak Thai itself was dissolved.
Furthermore the coup makers abrogated the 1997 Constitution and set up a judicial
process to criminalize former Prime Minister Thaksin.Yet, despite these setbacks, the vast majority of Thai citizens kept their faith in
elections and democratic politics, and in the December 2007 general election,
they returned the People’s Power Party—the new incarnation of Thai Rak Thai— to
parliament in sufcient numbers to form a government. In response, a relatively
small but violent anti-democratic protest movement known as the Peoples’ Alliancefor Democracy (PAD or the yellow shirts) staged a demonstration in mid-2008 atthe Makkawan Bridge in downtown Bangkok. They did so with the express aim of overthrowing the system of electoral democracy and instigating another militarycoup.In late 2008, the PAD, following on a series of violent protests that involved the use of 
explosives and rearms, occupied both the Government House and Bangkok’s two
international airports. The Thai Army demonstrated an unwillingness to intervene toexpel the increasingly violent PAD, stymieing the government’s ability to administer

Activity (7)

You've already reviewed this. Edit your review.
Sathit Manassurakul added this note
Amsterdam
1 thousand reads
1 hundred reads

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->