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Tue, April 11, 2006 : Last updated 19:34 pm (Thai local time)



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Home > Letters > Academic's tearing of ballot papers cannot be justified by Article 65 of the charter





LETTERS TO THE EDITOR
Academic's tearing of ballot papers cannot be justified by Article 65 of the charter

I would like to comment briefly on your editorial on academic Chaiyan Chaiyaporn's action of tearing up his ballot papers. I respect his courage, but perhaps a few points should be considered in this context.

First, this was not an act of civil disobedience since that would involve deliberately violating the law and willingly bearing the legal consequences. Ajarn Chaiyan, however, argued that his action was constitutional and thus legal.

Second, he justified his action by reference to Article 65 of the Constitution, which says that citizens have "the right to resist peacefully any act committed for the acquisition of the power to rule the country by a means that is not in accordance with the modes provided in this Constitution". Whatever one might think about the April 2 general election, elections are certainly the constitutionally prescribed means of acquiring power in Thailand. Thus, Article 65 is simply not applicable in Chaiyan's case.

Third, Article 65 was included in the Constitution by the Constitution Drafting Assembly in 1997 in order to give people the right to resist attempts by the military of acquiring power through a coup d'etat. Although I am critical of this snap election in a number of respects, I cannot see that it equals a military coup.

MN

Nonthaburi

----------------------------

Chaiyan was sincere, but took the wrong action

I hoped the editorial "A question of conscience" on April 9 would give me grounds to support Chaiyan Chaiyaporn's act of defiance. Unfortunately, it convinced me that it was wrong.

First, can his act be considered "civil disobedience". It could if the April 2 election was not within the framework of our Constitution or viewed as immoral and oppressive. But the election was through a royal decree and the ballot papers allowed expression of dissent through "no" votes, which is how 10 million people voted, the highest number ever.

Second, could his act be viewed as "peaceful" and within his rights under Article 65 of the Constitution? He came to the polling booth accompanied by a pre-arranged army of reporters and TV cameras, creating a scene and disrupting other voters. That can hardly be viewed as peaceful and fair.

Third, was he malicious or unpatriotic? His reported justifications sounded sincere and vindicate him as not having malicious intent. He believes he loves his country more than others because of a lifetime study of political science that others do not have the benefit of. He wanted to let others know of his privileged knowledge.

Fourth, did he break the law? An unqualified "yes" is the answer and intentionally so, unlike those elderly people who tore the ballots out of ignorance. I hope the court is lenient with him.

Fifth, is a guilty verdict hard to decide? Without an iota of doubt, the man broke the election law and it is his sentence that is hard to decide. On the one hand he showed blatant disregard for the electoral laws and on the other he believes what he did was his right.

Having his son there carrying a placard shows that he was sincere in his belief, even though he may not have realised the trauma to a sixth-grader of witnessing such drama. I hope for his son's sake that a suspended sentence is forthcoming.

Songdej Praditsmanont

Bangkok

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Does PAD have anything to offer besides protests?

After witnessing the recent farrago concerning the election in Thailand I am entirely confused regarding the Thai perception of democracy. While I am not pro or anti Thaksin, I find it difficult to decide what the policies of the People's Alliance for Democracy are.

The PAD's decision to fight the incumbent government appeared to be based purely on its objections to Thaksin's method of governing, alleged corruption and cronyism. Not one constructive point was raised.

Their advice that the electorate should cast "no" votes sent out the signal that they were not pro democracy but pro anarchy! Their rabble rousing and mob-rule approach to oust Thaksin was anything but democratic and smacked very heavily of anarchistic methods.

It seems to me that the PAD is simply a group of disparate disgruntled individuals without any of their various parties having any ability to govern and certainly no realistic policies to put before the electorate.

Derrick Sherwin

Nong Khai

----------------------------

Everyone needs to see films recommended for Thaksin

Re: "Must-see films for Thaksin to watch during his break", Opinion, April 8.

Reading the synopses of the films chosen by Jeerawat Na Thalang, I realised that these are the very films that the Thai public, both rural and urban, must see.

Films are an effective medium to stir people. However much you shout "get out", it will not have the same impact on the minds of innocent rural folks as these films.

If possible these films should be dubbed in Thai so that people understand them fully. Is there a good Samaritan who will come forward to sponsor screenings of these movies all over Thailand?

A well-wisher of Thailand

Bangkok

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Great reviews - too bad you didn't name the books

The article "Pecking at the pillars" on the "Books" page of your Sunday Style section of April 9 is an intriguing review of two books which question the foundations of religion. The review is so provocative that it might inspire some readers (me, for instance) to want to buy the books.

The problem is that nowhere in the entire article are the titles of the two books mentioned, nor the publishers, the prices, or even a hint as to where they might be purchased in Bangkok. All we have is the names of the authors.

William Page

Bangkok

----------------------------

The books are "Six Impossible Things: The Evolutionary Origins of Belief" by Lewis Wolpert (Faber) and "Breaking the Spell: Religion as a Natural Phenomenon" by Daniel Dennett (Allen Lane). Their availability in Bangkok is uncertain. - Editor.

Many helping hands make a brighter future on Phang Nga

On my 14th visit to Phang Nga since the tsunami, volunteering encouragement to the educational sector, I was delighted to observe first hand that substantive progress has been made.

All three schools in Takua Pa that were statistically hardest hit by the giant waves - Ban Namkhem, Ban Bang Muang and Ban Bang Suk - have been reconstructed and revitalised with a lot of help from loving friends.

Although the impact of the tsunami is still being felt, dedicated educators are busy preparing for the new school year with a sense of hopeful optimism. We should always remember that it was the teachers who offered emotional comfort, counselling and the comfort of routine to the distraught children and needy families.

The once totally levelled Ban Bang Suk School has emerged from the rubble as a model demonstration school and individualised learning centre serving the entire province, and has been renamed Prachanukraw 35 Phang-nga. Under royal patronage, the boarding school will accommodate more than 950 orphans and needy children referred from various schools throughout the province as of May.

Generous corporate, organisational and private sector sponsors have enabled the building of a state-of-the-art computer facility with full Internet access and more than 80 computers for use by students and extended community outreach. The spacious compound has been built primarily by the tireless Thai Army engineering corps, with assistance from trade schools and vocational colleges in the area.

In fact, it is the soldiers working together with government agencies, NGO volunteers and local residents who have transformed the devastated area into a thriving neighbourhood. Volunteers have built houses, trained workers for new occupations, offered support services and provided infrastructure improvements.

It is a fitting tribute to the resilience of the human spirit and the extraordinary caring and sharing vision of His Majesty the King that most resettled villagers and youngsters can now look forward to brighter tomorrows.

On their behalf, a heartfelt thank you is extended to all those who contributed to making the future better.

Dr Chanchai Prasertson

Bangkok

----------------------------

Imagining a philosophy based on pure greed

Democracy is a fragile thing that needs to be defended constantly against those who wish to subvert it for their own ends. I have paraphrased a scene from the film "Wall Street" to illustrate what I believe sums up the psychology of our outgoing leader:

"The point is ladies and gentlemen that greed, for lack of a better word, is good. Greed is right. Greed works. Greed clarifies, cuts through and captures the essence of the evolutionary spirit. Greed, in all of its forms - greed for life, for money, knowledge - has marked the upward surge of mankind and greed - you mark my words - will not only save Shin Corp but that other malfunctioning corporation called Thailand. Thank you."

Yuri Velasquez

Bangkok

----------------------------

Article on US reaction to Thai events failed to impress

Re: "Washington takes a keen interest in Thai protest" published on April 10.

The headline lit up my keen interest in what the White House and the US Congress have to say about the political situation in Thailand, but I read the whole article only to find that I had wasted my time.

All I got was that there were some "discussions with political insiders in the Bush administration and Congress". In the whole article, Kavi Chongkittavorn refers to these "insiders" as "them". No names and positions are mentioned. He does throw in a nice qualifier though, that these insiders have an intimate knowledge of US policy and the thinking of Congress.

I gave the article a D minus for "lack of credibility".

Meechai Burapa

Chiang Mai








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