Recommendations regarding the current political situation

The TRCT believes that if the process for building national reconciliation does not proceed in the right way, and that the benefit to the nation is not considered over and above individual self-interest, the situation may escalate and lead to renewed conflict and to yet another round of violence and loss.

In order to defuse the conflict that has arisen in our society and to promote national reconciliation, the TRCT once again would like to draw attention to the important principles and practices that are recommended in the “Third Progress Report of the TRCT” and Recommendation 3.1, which states: “The reconciliation process takes time, endurance and the engagement of all parties and all sectors”. 

The TRCT believes that accelerating the process of reconciliation can harm the purpose of creating a supportive environment for reconciliation. People may not trust one another. This could become a serious obstacle in the negotiation process, which aims to seek possible solutions and create a better understanding among people in Thailand, consequently leading to national reconciliation. Therefore, the process of reconciliation must be conducted with awareness, caution and transparency, and be based on democratic principles, which include the participation of every party.

The TRCT requests the following from the government, the prime minister, the leader of the opposition, political parties and groups, those involved in monitoring and controlling the use of state power, the judiciary, individuals and all agencies involved in building the national reconciliation process:

1. The TRCT believes that efforts to speed up the decision on a National Reconciliation Bill by Parliament is one of the causes of the current social conflict, and has a negative impact on conditions for reconciliation in the country. It may also lead to violent incidents in the future. The TRCT therefore requests that the government and Parliament, especially the Pheu Thai Party, which has a majority in the House of Representatives, not to repeatedly request that deliberations on the draft of the National Reconciliation Bill be speeded up. Desisting from making these requests will reduce the air of conflict and division among the people. In addition, Parliament should block any movements to incite violence.

Furthermore, the TRCT believes that the government and Parliament should arrange forums for members of the public to voice their opinions, and should make available to the public pertinent information on the causes of the conflict relating to the bill, so that people can understand exactly what the issues of contention are. All relevant groups should be involved in the dialogue and be able to express their opinions on the various facets of the bill, including the issue of amnesty, rights and duties of citizens in exercising their political rights, and wrongdoing in political demonstrations and assembly. This is an important condition for us to be able to overcome this conflict together.

2. The TRCT believes that Parliament is the central administrative institution in the democratic process. Political parties and all members of Parliament are duty-bound to protect this process by following the rules and regulations of the legislature. The TRCT is worried that the fracas that took place in Parliament on May 30 and 31 will set an undesirable precedent for the behaviour of MPs. The TRCT believes that all sides involved in the incident should accept responsibility for their unseemly behaviour. They should set a good standard of conduct as they are the representatives of the people, and they should be promoting the right atmosphere for building reconciliation among the people of our country.

3. The TRCT believes that during this period of political conflict the judiciary is of critical importance. It is the principle institution that safeguards the law and ensures justice. It is absolutely necessary that the judiciary remains independent and impartial in performing its duties, and that judges hold strictly to the rule of law. This is their duty at all times, but with the country is experiencing this kind of conflict, the judiciary must be exceptionally careful.

This is particularly true when it comes to the Constitutional Court, which deliberates on cases and makes judgements related to the Constitution – the highest law of our nation. The Constitutional Court must be thorough, circumspect and very cautious in any consideration of petitions and orders related to political conflicts. When deliberating on the facts of a case, judges must maintain their independence, impartiality and comply with the principle of the division of power according to the democratic system. They must exercise judicial authority correctly, according to the law, and a strict interpretation of the intention of the law. If the public begins to doubt that the judiciary is not doing its duty correctly according to the law, and not providing justice to the people, it may give rise to a lack of confidence in the judiciary, the legal system and the legal principles of our country.

4. The TRCT requests that the public and all sectors of society respect procedures established within the framework of the law under the democratic system of the constitutional monarchy; respect rights and freedoms to express opinions, as enshrined in the Constitution; and employ peaceful means to manage conflict. Also, that all people take care not to do anything that will provoke violence.

5. The TRCT requests that officials whose duty it is to maintain peace and order and to control crowds and assemblies respect the rights and freedoms of the people. Such rights are granted by our Constitution and should correspond to international standards.

6: The TRCT requests that all political parties, political groups and others involved in the conflict and in the reconciliation process should remember that the conflict has already resulted in immense losses for Thailand. Therefore no party in the conflict should do anything that could worsen the situation, especially by using the issue of politics to provoke hatred and division among people for their own benefit. The TRCT calls for all parties to work together and avoid renewed violence and loss so that the Thai people can settle their differences and be united once again.

 

Professor Kanit Nanakorn is chairman of the Truth for Reconciliation Commission for Thailand.