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May 09, 2006

The King wants a democratic solution (April 26, 2006)

hm2The photo on the right shows His Majesty in a formal setting. Yesterday's audience with the judges was somewhat less formal with the King wearing a business suit and standing in front of the group. As usual, he spoke without notes. 

For our international visitors, here is a chance to gain some real insight into the Thai way of dealing with a national political crisis. For our Thai readers (about 55 per cent of the visitors here), this is a good chance to build your English language skills to the point where you can explain the current situation to our foreign visitors.

    The Thai King rarely intervenes or even comments directly on politics. When he does so, you know (1) it is a serious situation and (2) he will do so in a way that strengthens democratic institutions. 

    The current situation is clearly very serious. The recent general elections were an undemocratic farce. The major opposition parties refused to take part so parliament will be under the almost complete control of a single party assuming that party can fill the seats that remain empty because its candidates failed to win enough votes. 

    A very signficant minority of the electorate refuses to accept the result, including a large anti-government protest movement outside of the political parties. The country is almost split in half geographically between supporters of Prime Minister Thaksin Shinawatra and those hostile to him. Already there have violent mob actions in several parts of the country.rescue

    Opponents of the government are calling on the King to use his powers under Article Seven of the Constitution to install a new temporary government to bring about political reform. Many say the country has been lost and it needs to be rescued — the idea behind the "gu chaat" you see on the headbands that the protestors typically wear (see photo). The opposition parties are also calling on the courts to nullify the election which was called abruptly (giving only 30 days for campaigning) and improperly.

    The government counters that it has done the democratic thing by allowing the people to decide in an election. The problems we are seeing now, government leaders say, stem from the Opposition's boycott. Thus, the government is right in seeking a way to open parliament even if not all the seats are filled.

    As you will see when you read today's news story, the King gives little comfort to either side. What does he say about the points they raise? More importantly, what does he say must be done to solve the crisis? Notice how he seeks a way to resolve the crisis by using existing democratic institutions that have thus far failed to carry out their responsibilities.

    The King's words carry a lot of weight in Thailand and already this morning, it appears the various courts are getting ready to meet and seek a democratic way out of the situation. That's the Thai way.

audioYou can hear the complete story in three parts: here, here and here.


HM asks courts to solve crisis

One-party election 'not democratic'

His Majesty the King has refused requests to invoke Article 7 of the constitution to end the political gridlock, saying it would be inconsistent with democracy.

Instead, he asked the country's top courts to help solve the crisis. He also said a single-party election was not democratic.

''Do not abandon democracy,'' he said.

His Majesty said it was wrong to cite Article 7 and seek a royally appointed prime minister.

''That's not democratic rule. Excuse me for saying this, it's the kind of administration which disregards democratic rule. It's unreasonable,'' he said.

The King was speaking to groups of new judges appointed to the benches of the Supreme Administrative Court and other lower courts who were granted separate audiences at the Klai Kangwon Palace at Hua Hin in Prachuap Khiri Khan.

Article 7 has been the focus of demands by the People's Alliance for Democracy and the opposition Democrat party for the replacement of caretaker Prime Minister Thaksin Shinawatra by a royally installed head of government.

His Majesty said Article 7 did not permit the King to exercise power at whim.

''The article refers to the full effect of the constitutional monarchy. It doesn't permit the King to do whatever he wishes. If he did, it would be overstepping his mark, doing something beyond his authority. That's not democracy,'' he said.

The article does not provide the leeway for the King to issue any directives for the purpose of manipulation.

''Some people may say King Rama IX likes to do what he wants, but I've never done that,'' he said.

Since becoming King he had seen the constitution rewritten several times. He had never used the constitution or the law as a means to impose his will. If he had done so, the country would have collapsed a long time ago.

All laws had been properly decreed.

His Majesty said the parliament must have a quorum to convene. There must be 500 MPs present before the new parliament could open.

A parliament was not functional until there was a quorum. There may be attempts to work around it by convening the first meeting without a quorum.

''But that would be playing it by ear and muddling through,'' he said.

''You can't play it by ear in governing the country. You can't pass the buck and try to finish everything in haste. It's not right to dump it in the King's lap, which is worse,'' His Majesty told the judges.

People counted on the courts, particularly the Supreme Court, to uphold justice. They felt the courts were honest and knowledgable in the application of the law.

''If no one follows the law and righteous administration, the country will be in a shambles, as we are experiencing now, because we are short of the 500 MPs.

''It's not workable,'' he said.

He suggested the courts consult with other courts such as the Administrative Court on what steps should be taken. The courts must urgently decide, otherwise the country would collapse.

The King said it was a most critical time and the judges must do their duty.

The judges must consult knowledgable people, fashionably called the ''Nation's Saviours''. He said the term ''rescue the nation'' was often used but he did not know why the nation had to be rescued because it has not yet sunk to its demise.

Steps should be taken to prevent the nation from being shattered, so that people would not need to save it.

He said people across the country and worldwide still had faith in the Supreme Court judges, who were knowledgable people and had the determination to save the country in times of distress.

The King seriously advised the Supreme Administrative Court to intervene in the ''non-democratic'' general election to help the country get through its difficulties.

Addressing the Supreme Administrative Court judges, the King said the court should keep watch on the election because of its quick schedule and possible stalemate due to lone candidates standing in many constituencies.

An election where sole candidates from a single political party, in this case the ruling Thai Rak Thai, run in their constituency was ''non-democratic''.

''It is impossible for a democratic election to have one party, one man. One candidate does not equate with democracy,'' the King said.

The King said sole candidacies cannot lead to the full membership of the House because a sole candidate must have support from at least 20% of all eligible voters in a constituency.

The issue of a sole candidacy was important because it would never lead to the full membership of the House.

''If there are not enough elected people, then democratic rule cannot function,'' the King said.

The King said the court had the right to make its points about the election because the judges had sworn before him to work for democracy.

''I ask you not to neglect democracy ... You must look carefully into administrative issues. If you cannot do it [solve the problem], then it should be you who resign, not the government, for failing to do your duty. Carefully review the vows you have made,'' said the King.


farce – something that is so disorganised or ridiculous that you can't take it seriously
electorate – all the people who have the right to vote in an election
hostile
– unfriendly
nullify – to declare that something is not legally valid
abruptly – suddenly
stem from
– are caused by
invoke – to use your authority to take a particular action
gridlock – a situation where neither side in a disagreement is willing to give in, so no agreement can be reached; stalemate
inconsistent with – does not fit or go together with
abandon – to give up on; to stop something before it is finished
disregard – to fail to consider; to ignore; to not pay attention to
audience – a special meeting with a member of the royal family or other important leader like the Pope
caretaker – (of a government or leader) to hold power temporarily until a new government or leader is chosen
exercise power at whim – to use power any way you want to
overstepping his mark – going beyond his authority or power
leeway – the freedom to take the action you want
directives – official instructions or orders
manipulation – using or controlling a situation for your own benefit
collapsed – failed or came to an end, especially completely and suddenly
decreed – officially decided or ordered
quorum – the minimum number of people required for a meeting or committee to carry out its business officially
convene – to open a meeting
playing it by ear – operating with out a plan, changing as the situation changes
muddling through – doing something in a confused or inefficient way
pass the buck – to refuse to accept responsibility and claim that someone else is responsible
dump it in the King’s lap – to (improperly) give the responsibility to the King
uphold – to support and maintain
in a shambles – in a confused, disordered condition; in a mess
urgently – that which needs to be done immediately
demise – death; end
shattered – broken apart
distress – a state of being in extreme danger and needing urgent help
lone candidatessole candidates; single candidates, i.e., people running for seat in parliament in a district where there is no opposition
constituency – an area that elects its own member of parliament
sworn (past of swear) made a serious promise to do something
resign – to announce that you re leaving a job or position