Friday, September 18, 2009

No joy for Thailand three years after coup

By AMBIKA AHUJA,Associated Press Writer
Friday, September 18

BANGKOK – Three years after a bloodless coup that was supposed to end months of bitter political turmoil and restore stability, Thailand is as divided and volatile as ever.

The Sept. 19, 2006, military takeover that toppled Prime Minister Thaksin Shinawatra was greeted with relief by many Thais, especially those who had been demonstrating to demand he step down for alleged abuse of power and disrespect to the crown.

That initial reprieve, however, was followed by the installation of a poorly regarded interim government; an election that returned Thaksin's allies to power and his opponents to the streets, to seize the seat of government and the capital's two airports; and two major riots in the streets of the capital. The instability has scared away foreign tourists and investors at a time when the economy is struggling through the world recession.

The country appears to be locked in an endless cycle of protest and counter-protest by Thaksin's supporters and opponents, even as Thaksin himself remains in self-imposed exile, but still able to rally his fans if only by phone. They will hold a rally this Saturday marking the coup's anniversary.

So insecure is the government of Prime Minister Abhisit Vejjajiva, Thaksin's top rival, that it has invoked a special public security law to allow the military to restore order should the unrest again turn violent.

"The coup turned out to have been easier to execute than to manage. ... Thai politics three years after the coup has become more convoluted, and the stakes have increased," said Thitinan Pongsidhirak, a political scientist at Bangkok's Chulalongkorn University.

Underlying the political wrangling is a growing anxiety about the eventual question of succession since the 81-year-old King Bhumibol Adulyadej has traditionally been the country's unifying figure. Government efforts to shut down debate over the future of the revered monarchy _ through arrests of critics and censorship of the Internet _ have only highlighted the problem.

"Everyone is positioning themselves, and we may see many realignments among the military, the traditional elite, the activists, and various interest groups to protect their interests and ensure the survival of their institutions at the expense of the country," said Charnvit Kasetsiri, one of Thailand's most prominent historians.

On one side are Thaksin's opponents among the Bangkok elite: assorted royalist groups, political activists, middle-class citizens, and elements of the military, many of whom felt their privileges under threat from Thaksin's populist brand of politics as well as his massive business empire. They also accuse the multimillionaire of trying to usurp the king's authority.

The other side includes anti-coup activists who resent the military's meddling in politics, and Thaksin's followers, especially among the poor who benefited from his policies. They often cast the turmoil as a class conflict, describing their foes as the "aristocracy."

Despite efforts to eradicate his influence by dismantling his political party, prosecuting him on corruption charges, freezing his assets and canceling his Thai passport, Thaksin's opponents have failed to dent his popularity among the marginalized poor. Thaksin's supporters demonstrated their faith by voting his political allies into power in a December 2007 election.

Thaksin was the first leader in modern Thai history to systematically address the concerns of the poor with a slew of social welfare plans.

Thaksin's 2001-2006 administration awakened the once-silent rural electorate who now feel that they, too, are stakeholders in the nation's future, analysts said.

"The top-down political submissiveness and contentment with status-quo of the past is gone," said Charnvit. "People are becoming more politically assertive and conscious of their influence."

But it was anti-Thaksin demonstrators who ruled the streets last year, adding to the pressure that eventually forced Thaksin's allies out of office and brought Abhisit to power. Their rivals have since taken a page from their book, staging their own big protests and calling for Abhisit's resignation.

Saturday's rally will see the anti-Abhisit demonstrators repeat their call for fresh elections, claiming that he came to power illegitimately with the help of the military and the judiciary, two pillars of the establishment.

Few expect Saturday's protest to be a tipping point, despite concerns raised by the government.

Analysts said the event is likely to pass without violence, and the possibility of another overt military intervention in the near term is unlikely, after the trouble and scorn their 2006 intervention brought.

But Abhisit's government appears to be at a loss over how to achieve political reconciliation, and Thaksin's supporters are split over how to coherently assert their demands for change.

"There are fewer and fewer options for people who want change, especially if the government continues to try to close the lid on them and pretend everything is well," Charnvit said. "This makes things dangerous and potentially explosive when the right moment comes."

Thursday, September 17, 2009

Contracts law set for Council of Ministers

The Phnom Penh Post
By Chun Sophal
Tuesday, 15 September 2009 15:01

THE long-awaited law on contracts will go before the Council of Ministers for consideration in mid-October, Ministry of Commerce Secretary of State Mao Thora said.

Legal experts from the Commerce Ministry are currently doing last edits on the final draft of the law, he said, adding that he hoped the new legislation would boost confidence in the Kingdom’s legal environment among the business and investment community.

“We hope that the law’s approval will help build up trust in trade and business in Cambodia,” he said.

The proposed law, which consists of 10 chapters and 240 articles, will replace an existing law on contracts, known as Decree 38, that has been in place since October 1988.

Mao Thora said the new law would make it easier for the court to rule on cases involving breach of contract and would also determine appropriate penalties.

Cambodia is required to pass 42 trade laws, including the law on contracts, under the terms of its 2004 admission to the World Trade Organisation.

Mao Thora said Cambodia had so far approved half of the required laws, with the remainder at various stages of completion.

The ministry was scheduled to meet with the International Monetary Fund today to review progress made to date and determine priorities for action, he added.

SRP says Decree 38 not enough
Sam Rainsy Party lawmaker Son Chhay said Decree 38 was insufficient for the needs of the Kingdom’s commercial environment but added that an overhaul of the country’s judiciary was also needed, as it was not sufficiently independent to hear cases fairly.

“I think that the new law is of vital importance, but the government must also make sure that the law is practised fairly in its justice system in order to build up confidence among businessmen and traders,” he said.

The World Bank has also noted the lack of certainty in dispute resolution in Cambodia.

In a 2009 country memorandum, it wrote that many firms took measures to avoid having to enter dispute-resolution processes, such as insisting on payment up front for sales and maintaining high inventories of key inputs.

Eang Sopheak, a lawyer at the Asia Cambodia Law Firm in Phnom Penh, said the absence of many laws made it difficult for judges to make accurate and fair decisions.

“Once we have a law on contracts, judges will have a legal framework to depend on when judging business cases,” he said.

Tuesday, September 15, 2009

Bureaucrats' final meeting?

Tuesday, Sept. 15, 2009
Kyodo News

Bittersweet gathering as DPJ prepares to pull plug on traditional power base


The nation's top bureaucrats on Monday held their last meeting under the government of Prime Minister Taro Aso to set the agenda for the following day's Cabinet meeting.

It was possibly the final such ritual because the Democratic Party of Japan, which will take the reins of government Wednesday, has vowed to shift power from bureaucrats to politicians.

The meetings of administrative vice ministers, held in the prime minister's office Mondays and Thursdays — the days before Cabinet meetings — are believed to date back to the establishment of the Cabinet structure during the Meiji Era (1868-1912) and have long been a symbol of bureaucratic control over the decision-making process.

Deputy Chief Cabinet Secretary Iwao Uruma, who has been chairing the meetings and is resigning from his post Wednesday, urged his fellow vice ministers to speak their minds when necessary regardless of whether the meetings are abolished.

"Even if the meetings are done away with, it is important for the members of the meetings to boost their horizontal cooperation and speak to Cabinet ministers if something is likely to be done to the detriment of the nation and the people," he said during Monday's meeting.

The DPJ, which advocates abolishing the meetings to give elected officials greater power in making decisions, will be launching a new Cabinet after Yukio Hatoyama is voted in as prime minister.

While a Cabinet meeting is the government's highest decision-making body, attended by every minister, what is discussed has been decided in advance by the administrative vice ministers, or the highest-ranking bureaucrats, in their twice-weekly meeting. There is, however, no legal basis for the vice ministers to hold their meeting.

The DPJ also aims to abolish the regular news conferences the vice ministers have held after their meetings, on the grounds "there will be no administrative vice ministers' meetings anymore," as DPJ Secretary General Katsuya Okada put it last week.

Brushing aside concerns this will limit public access to information, Okada said, "It won't infringe upon the public's right to know."

Uruma said the current format has served for generations by enabling bureaucrats to coordinate policies before Cabinet members gathered to make decisions.

But now that the venue is expected to be abolished, "I hope both (bureaucrats and politicians) will bring their wisdom together as they go about building a system in which Cabinet meetings will run smoothly in unanimity," he said at a news conference.

Several administrative vice ministers said at their news conferences after Monday's meeting they also open to the new administration's policy.

"I don't think (the meetings) are the one and only measure to ensure the unity of the Cabinet," said vice farm minister Michio Ide.