Politics of Thailand

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Thailand

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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. The Judiciary is independent of the executive and the 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.

On 23 December 2007, a general election was held following a recent military coup by the Council for National Security on 19 September 2006. The People Power Party, led by Mr. Samak Sundaravej, won the majority of seats. A civilian coalition government was formed on 28 January 2008 with five other minor parties leaving the Democrats, led by Mr. Abhisit Vejjajiva, as the only opposition party.

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[edit] Executive branch

Main office holders
Office Name Party Since
King Bhumibol Adulyadej June 9, 1946
Prime Minister Samak Sundaravej People's Power Party 28 January 2008

The king has direct power under the constitution but is a symbol of national identity and unity. The present monarch has a great deal of popular respect and moral authority, which has been used to resolve political crises.

The head of government is the Prime Minister. Under the constitution, the Prime Minister must be a Member of Parliament. Cabinet members do 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.

[edit] Legislative branch

Under the new 2007 Constitution, the bicameral Thai legislature is called the National Assembly or informally, the Parliament (Thai: รัฐสภา, Rathasapha). It consists of a House of Representatives (สภาผู้แทนราษฎร, sapha phuthaen ratsadon) of 480 seats and a Senate (วุฒิสภา, wuthisapha) of 150 seats.

The House of Representatives is made up of 400 members from constituency elections and 80 members from "proportional representation", as termed in the Constitution. However, the correct term for Thailand's "proportional representation" is actually parallel voting or Mixed Member Majoritarian (MMM), where the 80 seats are divided, to different political parties, according to the proportion of the "proportional representation" votes, each party receives, in the 8 election districts (10 seats per district).

The Senate is made up of 76 elected members (one for each province) and the rest (74) are selected from nominated candidates, from the academic sector, the public sector, the private sector, the professional sector and other sectors, by the Senates Selection Committee.

Members of House of Representatives serve four-year terms, while Senators serve six-year terms.

[edit] Political parties and elections

Political activities were banned by the junta after the coup on 19 September 2006. However, this is no longer the case after the formation of a civilian government.

The junta originally promised that democratic elections would occur within 12 months. However, the timeframe for elections was extended to 17 months. A general election was finally held on 23 December 2007. See results below:

For other political parties see List of political parties in Thailand. An overview on elections and election results is included in Elections in Thailand.
[discuss] – [edit]
Summary of the 23 December 2007 House of Representatives of Thailand Thai general election results
Party Constituency Proportional TOTAL
Votes % Seats Votes % Seats
People's Power Party 26,293,456 36.63 199 14,071,799 39.60 34 233
Democrat Party 21,745,696 30.30 132 14,084,265 39.63 33 165
Thai Nation Party 6,363,475 8.87 33 1,545,282 4.35 4 37
For the Motherland 6,599,422 9.19 17 1,981,021 5.57 7 24
Thais United National Development Party 3,395,197 4.73 8 948,544 2.67 1 9
Neutral Democratic Party 3,844,673 5.36 7 528,464 1.49 0 7
Royalist People's Party 1,632,795 2.27 4 750,158 2.11 1 5
Others 1,897,953 2.64 — 1,626,234 4.58 — 0
Valid votes 71,772,667* 100 400 35,535,767 100 80 480
No Votes   906,216 2.32
Invalid Votes 2,539,429 6.51
Total Turnout 38,981,412 85.38
Source: The Nation

* As constituencies elect between one and three MPs, some people have two or three votes.

[edit] 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.[1]

[edit] 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.

[edit] Administrative divisions

Thailand is divided into seventy-six provinces (changwat, singular and plural). The Ministry of the Interior appoints governors for all but one province - the metropolis of greater Bangkok, where the governor is popularly elected. Thailand's provinces are listed below. Note that each provincial capital takes the same name as the province.

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.

[edit] 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

[edit] Recent political history

[edit] 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.

[edit] The rise and fall of Thaksin Shinawatra

See also: Thailand political crisis 2005-2006

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, because of alleged massive corruption and growing dissatisfaction over campaign promises that were not kept, Thaksin became 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. Some people appealed in vain for Thaksin to resign from his position as Prime Minister in order to make it possible for a royally appointed Prime Minister. Thaksin kept repeating the claim that he was democratically elected, he was simply following the "rules" and refused to resign. 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.

[edit] 2006 coup

Main article: 2006 Thailand coup d'état

On 19 September, 2006, the Thai military staged a coup d'état. Since that time, Thailand has been 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 was drafted and promulgated in late 2007. On 23 December 2007 national parliamentary elections were held, based on the new constitution, and Thai Rak Thai nominee party People Power Party, headed by former Bangkok governor Samak Sundaravej, began taking the reins of government. Thailand's new Parliament convened on 21 January 2008.

[edit] References

  1. ^ M&C, Human rights group slams Thailand's judicial system, 26 March 2007

On 23 December 2007, Thailand held parliamentary elections whereby an alleged nominee of former premier Thaksin Shinawatra's party, the Thai Rak Thai, renamed the People Power Party (PPP) won by a solid margin after two smaller parties joined with it to form a coalition government. However, the entire election may be in doubt. A People's Alliance for Democracy (PAD, an anti-Thaksin group) member filed a plaint with the Thai Supreme Court, charging the PPP with being a TRT nominee and thus it should be dissolved and elections declared null and void. The Supreme Court will begin hearings on the case on 15 January 2008.

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