Thailand: Investigation into alleged constitutional violation by new prime minister - full text
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Thailand's election commission opened an investigation on Sept. 29 to assess whether Somchai Wongsawat, the newly elected prime minister of Thailand, should resign from his post. Somchai was accused of violating the constitution by holding shares in a private company that was a contract partner of a state-owned telecommunications service provider (CAT Telecom).
Immediate Context
On Aug. 26 supporters of the People's Alliance for Democracy (PAD) party took to the streets, occupying buildings and surrounding government house, in protest against Prime Minister Samak Sundaravej. The protesters shut down airports, rail services, and called for the governments immediate resignation.
The PAD first emerged in September 2005, but reached wider prominence in 2006 when they took to the streets to rally against then Prime Minister Thaksin Shinawatra. The protests preceded an army coup that later ousted Thaksin from power, only a few hours before he was due to address the UN. Thaksin was currently living in exile in the UK.
During the campaign for the subsequent general election of December 2007, Samak openly admitted that he was running as a proxy for Thaksin. Samak was chosen as leader of the governing People's Power Party (PPP) at the request of Thaksin.
Arrest warrants for nine of the PAD's leaders were issued by authorities on Aug. 27 but Samak promised to use no force against the protesters. On Aug. 29 the protesters resisted police eviction. Samak, with the protesters calling for him to relinquish power, stated on Aug. 30 that he would not resign from his position. On Sept. 1, violent clashes occurred between pro- and anti-government groups, leaving one person dead and 43 others wounded. In a bid to remedy the situation, Samak declared a state of emergency on Sept. 2.
On Sept. 9 the Constitutional Court ruled that Samak had violated constitutional conflict-of-interest rules by making paid-for appearances on Tasting and Complaining, a television cooking programme. The ruling disqualified Samak from office but did not prohibit his return to power. However, the PPP after prolonged protests abandoned its attempt to get Samak reappointed.
On Sept. 15, the PPP named Somchai as its candidate for prime minister to succeed Samak. Somchai's candidacy was swiftly rejected by the PAD.
Reaction and Outlook
The complaint against Somchai was brought by Senator Ruangkrai Leekijwattana, who also filed the complaint to the election commission that brought down Samak's goverment. On Sept. 30, the Thai newspaper The National reported that Ruangkrai had denied that his crusade to check politicians in the government was intended as political harassment: "I carry out my duty without bias towards any politician." Ruangkrai also commented that he was ready to be investigated over allegations of abuse of authority for illegally checking the assets of others.
The legal case against Somchai was expected to last for several months. A subcommittee of the election commission would consider the charges and, if it felt they were warranted, would then forward them to the Constitution Court, which could order a trial. Somchai could legally retain the position of prime minister throughout the process.
The AFP news agency reported on Sept. 29 that Somchai was confident of being cleared of the possible charges, telling reporters that "there is nothing to worry about, let everything follow the legal process".
Historical Context
The origins of Thailand began with the migration of peoples from Southern China in the 10th century and the establishment of the kingdoms of Sukhothai and, later, Ayutthaya. The states often waged war, and were both commonly under threat from neighbouring Burma, Vietnam, and the Cambodian Khmers. In the early 19th and 20th century, Thailand was threatened by European colonisation but, unlike its neighbours, maintained its independence, eventually becoming one of Asia's only states ruled by a dominant monarchy.
In 1932 a bloodless coup organised by the People's Party forced King Prajadhipok to abandon absolute monarchy for constitutional monarchy. The king continued to govern, but Prince Parbatra was taken hostage, although later released. The next month, acting on the advice of the council of the People's Party, the king dismissed his ministers and oversaw the creation of a new Siamese constitution.
Five months later, in April 1933, King Prajadhipok issued a decree proclaiming martial law, dissolving the Siamese parliament, and putting aside the constitution.
King Prajadhipok eventually abdicated the throne on March 2, 1935, and his nephew Prince Ananda Mahidol assumed the role. The country's name was changed from Siam to Thailand in July 1939. Upon the outbreak of World War II in September 1939, the Thai authorities quickly announced their neutrality by signing non-aggression pacts with the Allies, the Treaty of Friendship with Japan, and by exchanging a ratification of a non-aggression pact with the UK.
Despite the agreements, it was announced on Dec. 21, 1941, that Japan and Thailand were to sign a 10 year treaty under which the latter country agreed to assist Japan militarily, politically, and economically against the Allies. With the closing of the war in 1945, it was revealed by the US Office of Strategic Services that Thailand had during the war acted as a secret partner of the UN while ostensibly masquerading as a Japanese "puppet" state. With the war over, Siam reverted back to its title of Thailand--recognition of the latter name had been withdrawn by the Allies after the Siamese declaration of war on the UK and the USA.
Naval forces in Bangkok (the capital) attempted to carry out a coup d'etat on June 29, 1951, when the prime minister, Marshal Pibul Songgram, was abducted by insurgents. The "Liberation Army" established a new government with Sarasas Prahad as prime minister, after accusing the cabinet of being controlled by a "corrupt military clique".
A second coup was carried out in Bangkok on Nov. 29 - three days before the return from Europe of King Rama IX - by a group of high-ranking army, navy, and airforce officers. The group overthrew the government, dissolved parliament, and appointed a provisional executive council. The leaders of the coup emphasised their loyalty to the king, and gave as the reason for their action the government's failure to suppress corruption and to solve the problem of communism, which, they alleged, had widely penetrated the cabinet and parliament. The new government, they stated, would continue to maintain Thailand's foreign policy of support for the ideals of the UN and of resistance to communism, and would afford protection and hospitality to all foreigners who respected the law.
With the outbreak and escalation of the Vietnam conflict (1965-75), the USA stationed over 35,000 troops in Thailand. US forces continued to be stationed in Thailand until their complete withdrawal in 1976.
The Thai armed forces carried out a bloodless coup in November 1971 when they dissolved the cabinet and both houses of parliament, suspended the constitution, and proclaimed martial law. The coup was led, against his own government, by Field Marshal Thanom Kittikachorn, the prime minister and supreme commander of the armed forces. Kittikachorn's military government later resigned in 1973 after mass student demonstrations in Bangkok resulted in riots and heavy casualties.
The military coup d'etat of 1971 was the first of many coups, either successful or unsuccessful, that took place over the course of the ensuing years:
- In 1976 the coalition government was overthrown by a military coup when a junta calling itself the "National Administrative Reform Council" seized power.
- In 1977 another military coup was attempted in Bangkok but was suppressed within a few hours almost without bloodshed.
- In 1978, Thanin Kraivichien's government was overthrown by a military coup in Bangkok, with a "Revolutionary Council" of 23 high-ranking officers taking power.
- In 1991, Maj.- Gen. Chatichai Choonhaven's leadership was toppled when the armed forces seized power in a bloodless coup. Gen. Suchinda Kraprayoon, hitherto supreme commander of the armed forces, was appointed as prime minister in 1992. Later that year, massive demonstrations in Bangkok against his leadership resulted in a violent military crackdown.
In 2001, Thaksin Shinawatra, leader of the Thai Rak Thai party (TRT - Thais Love Thais), won a general election, narrowly failing to secure an unprecedented national absolute majority. Thaksin then won a second consecutive term with a landslide victory in February 2005. He later dissolved the National Assembly (the legislature) in February 2006, and called a general election three years ahead of schedule in response to an increasingly clamorous campaign for him to step down. However, Thaksin ignored the mass protests and refused to resign from his position.
Despite a boycott by the main opposition parties, the elections were held as planned. Thaksin was forced to step down in April 2006 due to post-election turmoil, but resumed the post in May 2006.
Army commander Gen. Sonthi Boonyaratglin and five other generals staged a bloodless military coup in September 2006. Thaksin fled to exile in the UK . Gen. (retd) Surayud Chulanont was chosen as interim prime minister by the Council for National Security (CNS).
In December 2006, a series of bomb explosions in Bangkok left three people dead and at least 34 wounded, including eight foreign tourists.
Both Surayud and Boonyaratglin, chairman of the CNS, stated that the bombs were likely to be caused by "those who have lost political power", a clear reference to the government led by Thaksin. In June 2007, the police filed corruption charges against Thaksin and his wife Khunying Potjaman.
In January 2008, the newly elected House of Representatives (the lower house of the bicameral legislature) elected Samak, leader of the PPP, as the new prime minister. However, by June, tensions began to emerge within the cabinet, but Samak and seven of his cabinet ministers survived motions of no-confidence.
