Follow the path of democracy right now

A snap election would certainly be an option, but I don’t think the ballot box is reliable enough in Thailand at the moment, or politicians respected enough, to be of much help. Better to encourage the majority government that already exists to come up with a plan that can truly bring about reconciliation. Then an election.

Here’s a serious plan that has already been mooted – let’s work on it: Thailand should initiate a sort of Truth and Reconcilation Court to which all its leaders submit in open trials before distinguished judges. The proceedings should be covered live on public TV and, equally important, the public freed from the interdiction against discussing the verdicts. On the other hand, the laws against slander and defamation should remain firmly in place, including the injunction against bribing, defaming and/or threatening judges or officials of the court. All those offences should remain contempt of court – a cornerstone of democracy everywhere in the world.

And the penalties should most certainly be the same for everybody, equal justice for all – in other words, “no double standards”, as everybody so loves to put it. Needless to say, if a defendant confesses to a crime and/or provides useful information in court, the penalty can be lightened. But no blanket amnesty for anybody. And let the court of law decide what evidence is legitimate, not the court of public opinion. Evidence is evidence, whatever the gender, religion, net worth, social status, or political persuasion of the gatherer.

But who to prosecute, that’s the question. You could start by prosecuting those leaders who are already under indictment. It would also be essential to add to the list some from the former administration not yet under indictment – they must be there if the plan is to work, for obvious reasons.  

Fortunately, and much to their credit, leaders on both sides of the political divide have already expressed a willingness to participate in something of the sort, and I suspect others would be willing too, even Thaksin Shinawatra. Because for the first time Thaksin would get the chance to prove to the people that the indictments against him were political, and had nothing to do with illegal activities including conflict of interest, policy corruption and inciting violence. Indeed, a very special carrot to encourage Thaksin to participate might be to allow him to present again his defence against the Ratchadadisek conviction; that case might even be placed first on the agenda. If he prevails in that one, Thaksin could be literally home high and dry, and at the end his reputation could be cleansed with no further litigation hanging over his head.

After all that has been dealt with, a legal settlement could be forged out in Parliament to terminate the process, followed by a national referendum. If two-thirds of the Thai people voted to accept that agreement, reconciliation would be Thailand’s at last. And how much we would have learned about the “true democracy” that everybody wants, not to speak of real justice. Why, we’d be a beacon to the world!

Lung Kip

Chiang Mai