The military must learn to respect the law and the govt

Nitirat’s bold move to call for the expunging of decrees and judicial decisions that flowed from that fateful coup that ousted the elected government of Thaksin Shinawatra has been gripping the nation for a few weeks now. And the Nitirat Group has just promised to launch another surprise, soon. So, I feel compelled to discuss this issue because of its political significance.
But instead of focusing on the legal aspects of Nitirat’s proposals, I see the current debate as a fierce battle between democratic forces and the elements of military dictatorship. Credit must be given to the Nitirat Group for suggesting a “democratic way” in clearing the political impasse so that Thai society can ultimately find a peaceful exit from the ongoing political polarisation and avoid another coup.
The attack against the Nitirat Group, on the ground that its proposals could allow Thaksin to return to Thailand a free man, is unreasonable and can be deemed as a cheap tactic. It reveals that Thaksin is once again being used to explain all the bad things that have gone wrong in our domestic politics. Thaksin might not be the most honest and ethical man in the Kingdom, but overthrowing him in a coup was wrong and deplorable. The Nitirat Group has already made it clear: its proposed action to nullify the legal ramifications of the coup is about respecting the rule of law, not kowtowing to Thaksin.
Amidst the heated debate on the Nitirat proposal, there is one man who has publicly and unashamedly stepped up to justify the military coup – Somkid Lertpaitoon, rector of Thammasat University. What has infuriated former and present Thammasat students most is the fact that Somkid has included the founder of this prestigious university, Dr Pridi Banomyong, together with past despots – Sarit Thanarat, Thanom Kittikachorn, Prapas Charusathien and Suchinda Kraprayoon – in the list of Thailand’s former coup-makers.
Immediately, a group of Thammasat alumni called for the resignation of Somkid because he made insensitive remarks about Pridi. But frankly, if Somkid is to be sacked or made to resign from his current position, it should not be because of his apparent disrespect for Pridi. It must be because of his political standpoint.
Somkid has been a devoted supporter of the coup because he served as the secretary to the 35-member Constitution Drafting Committee (CDC) under the military regime of interim prime minister Surayud Chulanont. The coup threw away what was perceived to be the people’s charter, the 2007 Constitution. Somkid was part of the military’s attempt to weaken the position of the executive branch, a crude response to Thaksin’s growing power while he served as prime minister from 2001-2006.
It is shocking today to see Thammasat University, a leading educational establishment founded to promote democracy and the rule of law, now under the leadership of a law professor who legitimised the political intervention of the military.
Many would argue that, in the spirit of democracy, Somkid should be able to air his disagreement with the Nitirat Group. It is true that different opinions should be tolerated in a democratic society. But why should we tolerate the view of Somkid, who is an agent of militarism? This is a view that is eroding the principle of democracy in Thailand.
Thailand has long been under the influence of the military. The Army elite has worked closely with a number of extra-constitutional players to undermine democracy for the sake of preserving its own power interests. The only chance for democracy to survive is to encourage the younger generations to understand how respect for the rule of law can fulfil Thailand’s democratisation process through higher education in a responsible university under the leadership of a responsible rector. Sadly, Thammasat University today, with Somkid at the helm, is not the right learning place for those kinds of students.
What the Nitirat Group has done is highly commendable in the sense that this group of young law professors is trying to change the Thai political culture from one that has been manipulated by the military to one that enshrines the supremacy of law. It is now time for Thailand to cultivate a new culture in which the military must operate strictly within the framework of the law and under the auspices of an elected government.
Allow me to be a little cynical in this concluding paragraph. Remember when the Thai actor Pongpat Wachirabanchong delivered his famous speech at the Nataraja Awards?
“My house is very big. We have many people living together. Since I was born, this house has been very beautiful and homely. The ancestors of our father lost sweat and blood, and sacrificed their lives to be able to build this house. … If someone is angry at another, whoever, and then passed that anger down on to our father, hated our father, insulted our father, and had thoughts about chasing our father out of this house, I would have to walk up to that person and say, if you hate our father, and do not love our father anymore, you should leave, because this is our father’s house.”
May I use this award-winner’s speech to tell Somkid: The founding fathers of Thammasat fought indefatigably for democracy. Some students lost their lives to protect democracy, right there in the compound of the university. If your interest is to protect the interest of the coup-makers, then you should leave Thammasat, because this is the house of democracy.

Pavin Chachavalpongpun is a fellow at Singapore’s Institute of Southeast Asian Studies.