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Decree brings ‘hidden dangers’

Published on July 16, 2005

Members of the National Reconciliation Commission (NRC) yesterday dismissed the government’s decision to impose a state-of-emergency decree, saying it bypassed the body’s efforts to use peaceful means to contain the violence in the South.

It makes the commission’s task irrelevant, they said.

“The government is insincere. This issue has never been brought up at the meeting with us. The government officials and the NRC were to work together in solving the problems, but it didn’t happen this time,” said Paisarn Promyong, a member of the NRC and the deputy secretary of the Islamic Committee.

Somboon Bunluang, also a member of the NRC, viewed the executive decree as being unable to reduce violence in the South because the government has still failed to tackle the problem correctly.

“The people have been greatly stressed because of the pressures imposed by the authorities. I’m afraid the community will become more divided, because the decree gives the government more power. More innocent people will be killed,” he said.

Another NRC member, Gothom Arya, described the decree as “something I had never imagined” possible because it gives too much power to the governing executive.

Abdulrahman Abdulsamat, chairman of the Narathiwat Islamic Committee, recommended the government reconsider the price of a backlash that may accompany the decree.

“My biggest concern is that this will lead to another Tak Bai bloodshed. Unless the state can come up with convincing evidence to detain somebody, there could be grave consequences in detaining suspects without warrants, “ he said.

As for the context of the decree, Worajet Pakeerat of Thammasat University’s faculty of law is concerned with the broad and ambiguous definition of the word “emergency”.

He also suggested that the government pass a legislative act rather than a decree.

“The government should not take an opportunity in the wake of the Yala raids to pass a decree, because a decree bypasses the parliamentary approval process,” the law academic said.

There are many concerns that the executive decree would violate the very basic constitutional rights of citizens.

Suriyasai Katasila, secretary-general of the Campaign for Popular Democracy, said that the decree threatens democracy because it gives the prime minister the authority to terminate any gatherings and demonstrations.

“The PM’s power will be like the junta’s. Imagine if Thailand’s economy collapsed and corruption became obvious in the next 3-6 months. The people cannot demonstrate like in the Philippines because it could be deemed illegal,” Suriyasai warned.

Thanavon Pamaranon

The Nation


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