''Click here to visit
Thailand''
The 'politics of Thailand' currently takes place in a framework of a
constitutional monarchy, whereby the
Prime Minister is the
head of government and a hereditary monarch is head of state.
Executive power is currently exercised by a
military junta and its appointed Prime Minister and Cabinet.
Legislative power is vested in a junta-appointed legislature. The
Judiciary is independent of the executive and the legislature. Political activities are currently banned. Prior to the
2006 coup, the kingdom was a
parliamentary democracy, with an elected bicameral legislature.
Thailand had been ruled by kings since the
thirteenth century. In
1932, the country officially became a
constitutional monarchy, though in practice, the government was dominated by the military and the elite bureaucracy. The country's current
constitution was promulgated in
2006.
The
King of Thailand has little direct power under the
constitution but is a symbol of national identity and unity.
King Bhumibol — who has been on the throne since
1946 — commands enormous popular respect and moral authority, which he has used on occasion to resolve political crises that have threatened national stability.
Currently, Thailand is run by a military
Military junta calling itself the
Council for National Security. On
19 September 2006, the CNS staged a
coup d'état that overthrew the elected government of
Thaksin Shinawatra. Since that time, Thailand has been governed by a
military junta headed by General
Sonthi Boonyaratglin, who later appointed General
Surayud Chulanont, who is a member of King's Privy Council, as Prime Minister. The coup and the governing junta were endorsed by King
Bhumibol Adulyadej in a royal decree on the day following the coup
[1].
Executive branch
|King
|
Bhumibol Adulyadej
|
|
June 9,
1946
|-
|
Prime Minister
|General
Surayud Chulanont
|None
|
1 October 2006
|-
|President of the
Council for National Security
|General
Sonthi Boonyaratkalin
|None
|
19 September 2006
|-
|}
The
king has little direct power under the
constitution but is the anointed protector of Thai
Buddhism and a symbol of national identity and unity. The present monarch enjoys a great deal of popular respect and moral authority, which has on occasion been used to resolve political crises. It is illegal to mock or criticize the King and doing so can bring about charges of
lese majesty.
The
head of government is the
Prime Minister. The current
constitution allows the President of the
Council for National Security to appoint or remove the Prime Minister at any time. The legislature may not hold
votes of no-confidence against the Prime Minister or members of his Cabinet.
The Council for National Security is self-administered. The 2006 constitution includes no mechanisms for removing or overseeing CNS members.
Under most previous constitutions, the Prime Minister was usually the head of the largest party in the legislature. Cabinet members did not have to be
Members of Parliament. The legislature could hold a vote of no-confidence against the Premier and members of his Cabinet if it had sufficient votes.
===
Legislative branch===
The current constitution allows a unicameral legislature, members of which are appointed by the
Council for National Security. The 250 members of the legislature may request that the Cabinet give statements of fact or explain problems, but is not allowed to hold vote of no-confidence against the Cabinet or Premier.
[2]
Under the
1997 Constitution, the bicameral Thai legislature was called the
National Assembly or informally, the Parliament (, Rathasapha). It consisted of a House of Representatives (สภาผู้แทนราษฎร, sapha phuthaen ratsadon) of 500 seats and a
Senate (วุฒิสภา, wuthisapha) of 200 seats. Members of both houses were elected by popular vote. The House of Representatives was elected by the first-past-the-post system, where only one candidate with a simple majority will be elected in one constituency. The Senate was elected based on the province system, where one province can return more than one Senator depending on its population size. Members of House of Representatives served four-year terms, while Senators served six-year terms.
[3]
Political parties and elections
Political activities were outlawed by the junta since the
coup of 19 September 2006. The junta gave no indication for when political activities would again become legal.
The junta cancelled
elections scheduled for 15 October 2006. The junta originally promised that democratic elections would occur within 12 months. However in October 2006, it extended the timeframe for elections to 17 months.
[4] No firm date has yet to be set for democratic elections.
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Judicial branch
Supreme Court (ศาลฎีกา, Sandika), judges appointed by the monarch. All courts are not under the Thai Ministry of Justice according to 1997 constitution section 249. There is also an independent
Constitutional Court. There is a Court of Appeals, divided into districts and three (3) judges compose a court. Research judges assist the sitting judges. Judges must take an examination and two different examinations are given: one exam is for judges trained in Thailand and a different examination is given for judges who graduate from foreign law schools. Trial courts of the first instance (civil, criminal and kwaeng) are also staffed by judges. Labor Court judges are not necessarily lawyers and work for the ministry of Labor. There is also the IPCIT Court for intellectual property and international trade. There is no stenographic record of any trial court proceedings and all court proceedings are composed by the trial judge. There is no discovery of evidence or witnesses in trial court. The criminally accused are entitled to have a court-appointed certified translator present in court if they cannot afford one. Appeals must be filed with the trial court within thirty (30) days of the judge reading, signing and issuing the verdict. There are no juries in trials. Only Thai citizens can be admitted to the Bar and can practice before the courts.
The
Asian Human Rights Commission called the Thai legal system a "mess" and called for a drastic overhaul of Thailand's criminal procedures. It cited the rampant use of forced confessions, and the fact that even a senior justice ministry official admitted that 30% of cases went to court with no evidence. It also criticized the judiciary for failing to ensure that trials are conducted speedily, citing the case of four Thai men accused of plotting to kill a Supreme Court president. The accused appeared in court 461 times before 91 different judges since proceedings began in 1993.
[5]
Legal system
Thailand's
legal system blends principles of traditional Thai and Western laws; the western sourced laws are often misused and corrupted and the traditional 'thai' laws are the product of hindu-brahmin laws used by the Khmer Empire. The
Constitutional Court of Thailand has jurisdiction over certain constitutional issues. The Courts of Justice have jurisdiction over criminal and civil cases and are organized in three tiers: Courts of First Instance, the Court of Appeals, and the Supreme Court of Justice. There are no stenographic records kept by the trial court and the record is composed of what the judge decides. There is no discovery in the Thai legal system. Slander and libel are not civil torts in Thailand but criminal offenses. Attorneys must carry their current, yellow, bar card when in court and may be required to produce it on challenge. Administrative courts have jurisdiction over suits between private parties and the government, and cases in which one government entity is suing another. In Thailand's southern border provinces, where Muslims constitute the majority of the population, Provincial Islamic Committees have limited jurisdiction over probate, family, marriage, and divorce cases. Thailands legal system has been often criticised by other countries for having penalties of life in prison or even death for crimes such as drug possession or smuggling, while having lenient penalties for crimes such as terrorism and marital abuse resulting in spousal death.
Administrative divisions
Thailand is divided into
seventy-five provinces (''changwat'', singular and plural). Each is assigned a governor by the Ministry of the Interior, with the exception of the metropolis of greater
Bangkok, whose governor is popularly elected. The provinces are:
Amnat Charoen,
Ang Thong,
Buriram,
Chachoengsao,
Chai Nat,
Chaiyaphum,
Chanthaburi,
Chiang Mai,
Chiang Rai,
Chon Buri,
Chumphon,
Kalasin,
Kamphaeng Phet,
Kanchanaburi,
Khon Kaen,
Krabi,
Krung Thep (Bangkok),
Lampang,
Lamphun,
Loei,
Lop Buri,
Mae Hong Son,
Maha Sarakham,
Mukdahan,
Nakhon Nayok,
Nakhon Pathom,
Nakhon Phanom,
Nakhon Ratchasima (Khorat),
Nakhon Sawan,
Nakhon Si Thammarat,
Nan,
Narathiwat,
Nongbua Lamphu,
Nong Khai,
Nonthaburi,
Pathum Thani,
Pattani,
Phang Nga,
Phatthalung,
Phayao,
Phetchabun,
Phetchaburi,
Phichit,
Phitsanulok,
Phra Nakhon Si Ayutthaya,
Phrae,
Phuket,
Prachin Buri,
Prachuap Khiri Khan,
Ranong,
Ratchaburi,
Rayong,
Roi Et,
Sa Kaeo,
Sakon Nakhon,
Samut Prakan,
Samut Sakhon,
Samut Songkhram,
Sara Buri,
Satun,
Sing Buri,
Sisaket,
Songkhla,
Sukhothai,
Suphan Buri,
Surat Thani,
Surin,
Tak,
Trang,
Trat,
Ubon Ratchathani,
Udon Thani,
Uthai Thani,
Uttaradit,
Yala,
Yasothon.
International organization participation
APEC,
AsDB,
ASEAN,
BIMSTEC,
CP,
ESCAP,
FAO,
G-77,
IAEA,
IBRD,
ICAO,
ICFTU,
ICRM,
IDA,
IFAD,
IFC,
IFRCS,
IHO,
ILO,
IMF,
IMO,
Inmarsat,
Intelsat,
Interpol,
IOC,
IOM,
ISO,
ITU,
NAM,
OAS (observer),
OPCW,
PCA,
UN,
UNCTAD,
UNESCO,
UNHCR,
UNIDO,
UNIKOM,
UNITAR,
UNMIBH,
UNTAET,
UNU,
UPU,
WCL,
WCO,
WFTU,
WHO,
WIPO,
WMO,
WToO,
WTrO
Recent political history
Transition to democracy
Following the
1932 revolution which imposed constitutional limits on the monarchy, Thai politics were dominated for a half century by a military and bureaucratic elite, in collaboration with a dozen or so oligarchs commonly known as ''persons of influence''. Changes of government were effected primarily by means of a long series of mostly bloodless coups.
Beginning with a brief experiment in
democracy during the mid-1970s, civilian democratic political institutions slowly gained greater authority, culminating in
1988 when
Chatichai Choonhavan — leader of the
Chart Thai Party (Thai Nation Party) — assumed office as the country's first democratically elected
prime minister in more than a decade. Three years later, yet another bloodless coup ended his term.
Shortly afterward, the military appointed
Anand Panyarachun, a businessman and former diplomat, to head a largely civilian interim government and promised to hold elections in the near future. However, following inconclusive elections, former army commander
Suchinda Kraprayoon was appointed prime minister. Thais reacted to the appointment by demanding an end to military influence in government. Demonstrations were violently suppressed by the military; in May
1992, according to eyewitness reports of action near the democracy monument in Bangkok, soldiers may have killed seven hundred and fifty protesters after only two days of protest.
Domestic and international reaction to the violence forced Suchinda to resign, and the nation once again turned to Anand Panyarachun, who was named interim prime minister until new elections in September 1992. In those elections, the political parties that had opposed the military in May 1992 won by a narrow majority, and
Chuan Leekpai, a leader of the
Democrat Party, became
prime minister at the head of a five-party coalition. Following the defection of a coalition partner, Chuan dissolved Parliament in May
1995, and the
Chart Thai Party won the largest number of parliamentary seats in subsequent elections. Party leader Banharn Silpa-archa became Prime Minister but held the office only little more than a year. Following elections held in November
1996,
Chavalit Youngchaiyudh formed a coalition government and became Prime Minister. The onset of the
Asian financial crisis caused a loss of confidence in the Chavalit government and forced him to hand over power to Chuan Leekpai in November
1997. Chuan formed a coalition government based on the themes of economic crisis management and institution of political reforms mandated by Thailand's
1997 constitution. It collapsed just days before its term was scheduled to end.
The rise and fall of Thaksin Shinawatra
In the
January 2001 elections, telecommunications multimillionaire
Thaksin Shinawatra and his
Thai Rak Thai (TRT) party won an overwhelming victory on a populist platform of economic growth and development. After absorbing several smaller parties, TRT gained an absolute majority in the lower house of the Parliament, controlling 296 of 500 seats. In a cabinet reshuffle of
October 2002, the Thaksin administration further put its stamp on the government. A package of bureaucratic reform legislation created six new ministries in an effort to streamline the bureaucratic process and increase efficiency and accountability.
The
general election held on 6 February, 2005 resulted in another landslide victory for Thaksin and TRT, which now controlled 374 seats in Parliament's lower house. The popularity of Thaksin's populist policies in rural areas and the publicity Thaksin received in the aftermath of the
Great Indian Ocean Tsunami, which occurred shortly before the election, were the keys to TRT's historic victory.
However, Thaksin proceeded to become the target of
public protests which led to widespread calls for his resignation or
impeachment. Thaksin
dissolved parliament on
24 February 2006 and called a
snap election for
2 April 2006.
The election was widely
boycotted by the opposition, leading to unopposed TRT candidates for 38 seats failing to get the necessary
quorum of 20% of eligible votes. As the Thai constitution requires that all seats be filled to open
parliament, this produced a
constitutional crisis. After floating several suggestions, on
4 April 2006, Thaksin announced that he would step down as prime minister as soon as parliament had selected a successor. The crisis was referred to the supreme court, which declared the election invalid.
New elections were set for
15 October 2006. Until then, Thaksin would have remained as caretaker prime minister.
2006 coup
Main articles: 2006 Thailand coup d'état
On 19 September, 2006, the Thai military staged a coup d'état. Since that time, it is governed by The
Council for Democratic Reform under Constitutional Monarchy (CDRM) headed by General
Sonthi Boonyaratglin with the endorsement of King
Bhumibol Adulyadej. The
1997 Constitution was abrogated, although most of the machinery of government remained intact. A new constitution is being drafted, to be voted on in July.
References
1. The Nation, [1] Royal command issued to appoint General Sonthi as ARC president
2. Article 11, Interim Constitution of the Kingdom of Thailand (2006)
3. Chapter 6, Constitution of the Kingdom of Thailand (1997)
4. The Nation, Drafting new charter 'may take 17 mths', 18 October 2006
5. M&C, Human rights group slams Thailand's judicial system, 26 March 2007
See also
★
Thailand
★
History of Thailand
★
Media in Thailand
★
Constitution of Thailand
External links
★
Thailand Calls State of Emergency, BBC News, accessed
2006-09-19.
★
Live Blog
★
Blog
★
Asian Human Rights Commission - Thailand homepage
★
Rule of Lords Weekly column on human rights & the rule of law in Thailand and Burma
★
Southern Thailand insurgency news Page archiving daily news about the violence in southern Thailand
★
Extrajudicial Killings
★ http://www.cns.go.th/party_english.pdf
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