FACT - Freedom Against Censorship Thailand

Thai traditions: Lese majeste in Thailand
By FRANK G. ANDERSON
United Press International: April 28, 2008

http://www.upiasiaonline.com/Human_Rights/2008/04/28/lese_majeste_in_thailand/2852/

Thailand’s most powerful political and social “hammer” may be the kingdom’s lese majeste law…However, whether you are ever convicted and punished or not is a question of who you are, who you happened to offend and who is protecting your interests. The law is supposedly designed to protect the country’s revered monarchy, but is often misused to silence dissent, punish social and political enemies, or to employ against foreigners when Thais would face far less severe charges. Politicians, power brokers and colluding police all benefit from the application — or merely the threat to apply — the lese majeste law…Having witnessed — as a victim — the misuse of the lese majesty law in Thailand, this writer cautions foreigners first and foremost that the real danger is not merely saying the wrong thing, but in being perceived so by police or other powerful interests who themselves do not always have real national interests at stake. The higher up your accusers are, and the better connected they are with the military and police, and most importantly, with powerful politicians, the more chance you stand of being convicted… A powerful tool to silence protests, arouse public support and justify massive armed attacks against democracy protest groups, the lese majeste law in Thailand has faced frequent and strong protest, as well as both internal and external pressures for repeal. It may be that unless the nation’s monarch himself calls for repeal, the law will remain on the books for decades more…The suggestion that Thailand’s lese majeste law be amended to where only the nation’s monarch issues any such charge is a workable idea but faces overwhelming resistance in the Land of Smiles from powerful interests who have grown used to misusing the law for their own gain and others’ losses. If the country’s powerful police cannot yet bring themselves to repeal the law, then perhaps they can amend provisions in its enforcement to ensure that legitimate rights are protected on the one hand, and that persons filing lese majeste charges are made well aware of their obligations and possible repercussions from malicious filing…In a document provided to Thai police on this subject, this writer asked that any individual signing a complaint of lese majeste swear that he or she has no personal conflict with the charged person, and that the person filing also accepts that should the charge be found to be malicious or without foundation, that the individual making allegations accept responsibility. Almost a year after receiving the suggestions, police have not bothered to respond. It is not in their interests to do so…The suggestion that Thailand’s lese majeste law be amended to where only the nation’s monarch issues any such charge is a workable idea but faces overwhelming resistance in the Land of Smiles from powerful interests who have grown used to misusing the law for their own gain and others’ losses. If the country’s powerful police cannot yet bring themselves to repeal the law, then perhaps they can amend provisions in its enforcement to ensure that legitimate rights are protected on the one hand, and that persons filing lese majeste charges are made well aware of their obligations and possible repercussions from malicious filing…In a document provided to Thai police on this subject, this writer asked that any individual signing a complaint of lese majeste swear that he or she has no personal conflict with the charged person, and that the person filing also accepts that should the charge be found to be malicious or without foundation, that the individual making allegations accept responsibility. Almost a year after receiving the suggestions, police have not bothered to respond. It is not in their interests to do so.

(Frank G. Anderson is the Thailand representative of American Citizens Abroad. He was a U.S. Peace Corps volunteer to Thailand from 1965-67, working in community development. A freelance writer and founder of northeast Thailand’s first local English language newspaper, the Korat Post — www.thekoratpost.com — he has spent over eight years in Thailand “embedded” with the local media.)