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Wed, May 10, 2006 : Last updated 15:59 pm (Thai local time)



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Home > Opinion > Is the EC not accountable for a flawed election?





HARD TALK
Is the EC not accountable for a flawed election?

The Constitution Court's decision yesterday to nullify the April 2 snap election has brought forth another crucial question: Who will organise and oversee the next election?

From recent comments and analyses, it is more than obvious that the present Election Commission has lost all credibility as an independent body. The commission is seen merely as a political tool of the powers-that-be.

The ruling yesterday was as much a rejection of the constitutionality of the election as a verdict against the Election Commission itself. If the electoral process and the configurations of the polling booths were found to be unconstitutional from the very beginning, who else should be held responsible if not the organiser?

But so far the four commissioners have shown no indication that they are ready to be held accountable for the political turmoil that followed the election. Charges that they were consistently biased in favour of the government and turned a blind eye to alleged fraud and other violations of the election law by candidates of the ruling party have fallen on deaf ears.

Police General Vasana Puemlarp last week dropped all pretence of political neutrality and propriety required of the chairman of the Election Commission to deliver an unsolicited verdict on the current political mess.

He was unequivocal in assigning blame for the political deadlock resulting from the election, which was boycotted by the main opposition parties and lambasted by critics as a political hoax to whitewash the scandal-tainted Prime Minister Thaksin Shinawatra.

Vasana pointed an accusing finger at practically everyone except his own agency and the Thaksin government. The commission chairman was essentially implying that all the blots on the agency's record were the work of those campaigning against Thaksin, and he and his colleagues were being made scapegoats.

No wonder then that Vasana's outburst was gleefully endorsed by members of the Thai Rak Thai Party. Deputy Prime Minister Police General Chidchai Vanasatidya even went so far as to express "sympathy" for Vasana the next day.

Vasana's argument was that it was the Thaksin government - and not the Election Commission - which decided the election date. But even if we were to believe his claim, the Election Commission still cannot be exonerated of the political stalemate that followed the election.

The Election Commission's first and foremost task is to hold elections in an "honest and fair" manner. It certainly doesn't require an intelligent mind to doubt that the April 2 election could be considered fair given the fact that it took place only 37 days after Prime Minister Thaksin dissolved the House. The Constitution Court yesterday dispelled all doubts about this.

While the Election Commission was not in a position to question the prerogative of the executive branch in calling a snap election, it was certainly entitled to bring up the question of fairness in executing what was supposed to be the most important political exercise in a democratic system. But neither Vasana nor any of the election commissioners showed any sign of uneasiness at the prospect that the election might not be fair to all.

The Thai Rak Thai Party, of course, could probably not be faulted for wanting to exploit the advantage of the incumbent to return to power. This is part and parcel of politics practised in most democratic societies. But as an independent body, the Election Commission cannot deny the responsibility of ensuring a level playing field from the outset.

Of all of Vasana's remarks, the most intriguing was the one about how the April 2 election was dominated by one single major political party and lone candidates running in many of the constituencies. Vasana saw nothing wrong or undemocratic with that. His stand is obviously at odds with the views of many academics and political analysts, who believe it runs counter to the democratic principle of political plurality.

He also had no qualms about his commission's decision to allow some candidates of smaller parties to switch constituencies in election re-runs, allegedly in violation of the election law.

And most important of all, the Election Commission has been lukewarm in following up on charges that the Thai Rak Thai Party bribed smaller parties to field candidates in the election to avoid the 20-per-cent minimum vote hurdle.

The court's ruling is certainly far from ending the current political deadlock if other fundamental political issues are not resolved. One of these is the status of the current Election Commission.

If Vasana and his commission colleagues, over whose legitimacy now hangs a big question mark, are allowed to organise the next election, we can be sure that the country will run into another political quagmire.

 Thepchai Yong








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