STRAIGHT TO THE POINT
The real meaning of reconciliation
- Published: 29/06/2011 at 12:00 AM
- Newspaper section: News
It has to be accepted that the Thai political scene is severely polarised, much beyond the normal differences of opinion that exist in a democratic system where the rules of the system are accepted by nearly all of the population, at least as a starting point for political change.
But in Thailand, there is even polarisation over the legitimate rules of the system, and feelings of extreme resentment are still running high on both sides over recent violent events.
There is a clear danger of future violence on a scale closer to civil war if either side is provoked by extreme measures taken by the other; for example, if a Pheu Thai election victory were to be derailed by a legal judgement or military coup, or if a Pheu Thai government were to swiftly facilitate the return of a defiant Thaksin Shinawatra by means of amnesty and pardon.
I believe that the majority of the Thai population on both sides of the political divide would support some form of understanding or agreement for coexistence, whereby political struggle could be carried out peacefully and legitimately under democratic rules, without the danger of escalating into violence and civil war.
It would have to involve compromises by those holding power on both sides, and it would have to begin by defusing tensions on both sides.
I suggest that such an understanding would need to go along the following lines:
- The outcome of the coming elections must be accepted by both sides and the democratic formation of a new government must not be sabotaged by force or by any other unconstitutional means, or through mass demonstrations, or by legal manipulation.
- Both sides should agree to the maintenance and protection of the constitutional monarchy with the monarch as head of state, while agreeing on measures to isolate the monarchy from political conflicts and to allow democratic discussion and criticism of the monarchy in a respectful way.
- All forms of political censorship of the media need to be discontinued and both the Computer Crimes Law and Article 112 of the Criminal Code revised to allow democratic freedom of expression.
However, introducing a law against inciting hatred without seriously affecting freedom of expression might be useful.
- There should be a thorough review of all lese majeste court cases and convictions under the Computer Crimes Law and Article 112, with a view to correcting injustices and disproportionate sentencing, taking into account legitimate rights to political expression in a democratic system.
- Political amnesty should be granted to all people of all political colours charged for offences relating to mass demonstrations, unless there is clear evidence of their direct involvement in acts of violence endangering the lives of others.
(I must admit to a conflict of interest in giving this opinion with some personal interest being involved here).
- There should be agreement to end all forms of extra-judicial killings and torture of detainees.
The whole justice system should be overhauled to ensure greater impartiality and reduce double standards. Laws against torture and enforced disappearances need to be introduced.
- Thailand should accede to and ratify the Rome Statute governing the International Criminal Court so as to help prevent future abuses of power, unjustified force against demonstrators, and extra-judicial killings sanctioned by political leaders.
- If the Pheu Thai Party forms a government, they should agree not to put Thaksin above the law, but to help ensure he receives fair hearings on charges against him.
- Finally, there needs to be some form of accountability for past injustices and abuses of human rights on all sides.
"Without truth there can be no reconciliation," as relatives of people killed and injured during the April-May 2010 events recently declared.
Unfortunately, it is very unlikely anyone can ever be convicted in connection with illegal violence carried out by state officials against mass demonstrators in May 1992 and April-May 2010, or during the war on drugs in 2003 or throughout the insurgency in the southern border provinces (including the 85 deaths at Tak Bai).
For reconciliation to take place in Thai society, at least the truth of human rights abuses carried out by state officials under government policies and directives should be acknowledged. For this purpose the next government should establish a number of impartial and well-accepted truth commissions to hold hearings on past atrocities and come out with the facts, as well as recommend compensation for the victims and their families.
In my view political reconciliation in Thai society requires all of these important measures and more.
In the long run, we need a more democratic constitution as well as economic and social reforms to close the disparities of income and wealth that make Thailand one of the most unequal societies in the world.
If all of this seems difficult to achieve, please contemplate that the next opportunity for reconciliation may well not arrive again for many years to come, due to a long and violent civil war in which we destroy much of what we still have to value in our society today.
Jon Ungphakorn is a human rights and social activist, winner of the 2005 Magsaysay Award and a former elected Senator for Bangkok.
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