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    Southeast Asia
     Jun 13, 2008
ASIA HAND
'Crusading spirit' adrift on Thai political winds
By Shawn W Crispin

BANGKOK - As a secondary school student, Jakrapob Penkair was acknowledged by his peers for eulogistic poems he wrote about King Bhumibol Adulyadej. More recently, as Prime Minister's Office Minister, he oversaw the government's 650-million-baht (US$19 million) plans to build an elaborate crematorium for the recently deceased Princess Galayani Vadhana - sister of the king - an effort that entailed close personal collaboration with top royal family members.

Now Jakrapob stands accused of lese majeste for views he expressed during a public address to foreign journalists last August, charges which are now under investigation by the police's crime suppression division and which Jakrapob has denied. If

 

convicted, he faces three to 15 years in prison. After strident media criticism, opposition and anti-government street protests calling for his dismissal, and even threats of a possible military coup to protect the monarchy's integrity, Jakrapob stepped down from his post on May 30 to fight the charges.

He has formally acknowledged and maintained his innocence against the charges. Jakrapob told Asia Times Online that he plans to launch a national campaign, replete with CDs, fliers and press releases, around his legal defense, aimed at disseminating his personal views about democracy, monarchy and the country's political future. A crusading spirit, the US-educated Jakrapob says he hopes his case sparks a broader public discussion about the monarchy's role in Thai society, including how monarchical institutions such as the royal advisory body, the Privy Council, work alongside democratic institutions.

It's a conversation most Thais shy away from, particularly among the aristocratic elite who derive their power and privilege through their association with royal institutions. Jakrapob is one of very few Thai politicians who have, if not directly, spoken critically of the Privy Council's role in the country's democracy. His case is thus part and parcel of Thailand's grinding and often murky political conflict, pitting supporters of former prime minister Thaksin Shinawatra, including the ruling People's Power Party, against his detractors, represented most visibly by the military and opposition Democrat Party.

The military coup-makers who ousted Thaksin's democratically elected government in September 2006 justified their extra-constitutional intervention in part on the politically charged accusation that Thaksin was disloyal to the crown - allegations that a criminal court declined to hear and which Thaksin has strenuously denied but have been resurrected with the lese majeste charges lodged against Jakrapob, one of the former premier's most trusted aides.

Although filed by a police official, Jakrapob and others familiar with the situation say the opposition Democrat Party is really behind the charges and playing the royal card for its own cynical political purposes.

The Democrats in recent weeks pressured the government to investigate and prosecute more than 25 different websites and blogs they said contained postings critical of the monarchy. Those anti-crown allegations have recently been internationalized with lese majeste complaints lodged against BBC correspondent Jonathan Head, which were filed by the same police official who accused Jakrapob and have been widely interpreted as a threat to all foreign journalists to steer clear of drawing the monarchy into their political reporting.

Thaksin loyalist
Prior to the coup, Jakrapob, a former television newscaster, served as Thaksin's first English-speaking government spokesman and later as deputy secretary general to the Prime Minister's Office. After the coup, while Thaksin was in self-imposed exile, several of his former political allies broke ranks over the anti-monarchy charges leveled against him.

Jakrapob stayed true to his political mentor and remained in close contact with the exiled premier. He helped to establish the pro-Thaksin satellite television station, People's Television (PTV), which the military immediately banned, and was instrumental from behind the scenes in creating certain pro-Thaksin websites that kept his message and image in the political spotlight while in exile.

Jakrapob also spearheaded the United Front for Democracy against Dictatorship, or UDD, a protest movement that first took aim at the military-installed government and has more recently countered the anti-government People's Alliance for Democracy protest group now lodged in front of government house. Jakrapob and a handful of Thaksin loyalists were briefly imprisoned last year after the UDD clashed with police who tried to break up a protest staged in front of Privy Council president Prem Tinsulanonda's personal residence.

Jakrapob has openly and frequently accused Prem of masterminding the 2006 coup, charges which Prem has publicly denied. Yet Jakrapob's campaign against the elder statesman effectively broke a long-held and unspoken taboo against criticizing senior royal advisors. Unlike royal family members, privy councilors are not protected under Thailand's strict lese majeste laws. A bid last year to extend that legal protection to privy councilors was for unknown reasons rebuffed by the military-appointed National Legislative Assembly.

Jakrapob has broadly accused the Privy Council of overstepping its legal bounds through its interventions in political processes that are constitutionally reserved for elected politicians, including its role in negotiating annual military reshuffles. He argued more controversially that the Privy Council needs to be structurally overhauled and that a reform process should commence while - rather than after - the highly revered 80-year-old King Bhumibol is still on the throne.

Jakrapob and others have expressed forward-looking concerns that the military, and by assumed association the Privy Council, might seize power and move to suspend democracy as long as it takes the royal advisory body to manage the royal succession. The military-drafted 2007 constitution allows for a princess to take the throne and the Privy Council is empowered with selecting the next monarch in the event the succession is undecided on Bhumibol's eventual passing.

There are compelling precedents for that case scenario, Jakrapob contends, including when privy councilors filled the majority of cabinet posts in the government that was installed in the wake of the political crisis in 1973, when soldiers opened fire on anti-government student and labor protestors. Notwithstanding the allegations that Prem played a behind-the-scenes role in the 2006 coup, former army commander and Privy Council spokesman General Surayud Chulanont was made prime minister of the coup-makers' appointed civilian government.

Jakrapob denies that he or Thaksin have ever intended to challenge the crown, and suggests one creative solution to the ongoing political tensions would be to appoint Thaksin himself to the Privy Council. Allegations of disloyalty to the crown are particularly explosive in Thailand's political and social context, where the deeply respected King Bhumibol is held by many Thais as semi-divine. In that context, Jakrapob's now-contested comments at the foreign press gathering have made political waves big enough for Thaksin to back away from his confidante.

Jakrapob's downfall, some contend, is indicative of Thaksin's own waning political clout, which has been undermined by Prime Minister Samak Sundaravej's unexpected independent streak in leading the new incarnation of Thaksin's disbanded Thai Rak Thai party, and the cozy accommodation he has reached with the military, including army commander Anupong Paochinda, who was instrumental in staging the coup that ousted Thaksin.

The former premier's political calculations have also apparently shifted in light of the 15 court cases, including criminal corruption charges, now pending against him in various Thai courts, many of which are presided over by judges appointed during the military government's tenure. The military-created Asset Examination Committee recently recommended the initiation of new judicial proceedings to seize 76 billion baht (US$2.3 billion) worth of Thaksin's assets now held in Thai banks.

One government insider who requested anonymity contends that particular legal threat has pushed Thaksin into a conciliatory corner, seen in his brief and apparently apologetic encounter late last month with Prem at army commander Anupong's mother's funeral.

Evoking Pridi
Lese majeste charges, which may be filed by any Thai citizen, have long been used by the military and politicians to threaten and harass their political opponents, critics say. Many hoped that the often-politicized practice would draw to a close after King Bhumibol's 2005 nationally televised birthday address, in which he said that the monarchy was not above criticism.

If the police complaint against Jakrapob eventually goes to trial, it will represent the highest-profile lese majeste case heard in Thailand since 1984, when Buddhist social scientist Sulak Sivaraksa was jailed and tried on military orders for perceived critical comments he penned in an article that referred to the monarchy.

Sulak was eventually acquitted of those charges but faced a second charge filed by coup-maker General Suchinda Kraprayoon in 1991 for comments he made at a university lecture in Bangkok insinuating that politicians, businessmen and multinational corporations often attempted to manipulate the royal family for their own purposes.

Sulak was granted refuge in a Western embassy and driven into exile. He was later twice nominated for the Nobel Peace Prize, in recognition of his struggle for freedom of expression.

It's not clear yet if Jakrapob's lese majeste charges will generate a similar international outcry, though the politician claims he has been harassed and threatened by senior military officials over the charges.

His case is seen in some elite circles as potentially more volatile given the current unsettled state of Thai politics and looming anxiety about the royal succession. One well-placed academic who recently spoke at length with a senior privy councilor said that the royal advisory body had requested Samak to remove Jakrapob from his cabinet, pressures the prime minister resisted.

According to a government insider familiar with the situation, Samak proposed instead to step down himself, dissolve parliament and hold new elections, which political analysts believe the PPP would win even more convincingly than it did at last December's polls and open the way for it to shed coalition partners over which the military now exerts influence.

It's precisely those alleged top-down pressures on democratically elected politicians that Jakrapob is keen to expose and fight back against. In our discussion, Jakrapob readily evokes the struggles of Thai revolutionary Pridi Phanomyong, a former prime minister who was instrumental in the 1932 revolution that ended over 150 years of absolute monarchical rule in Thailand. Pridi was later forced into permanent exile over never-proven accusations that he was involved in the mysterious shooting death of King Ananda Mahidol in 1946.

Democratic-minded Thais led by social critic Sulak have in recent years championed Pridi's historical rehabilitation, including efforts to have two streets, a public park and a library-cum-museum in Bangkok named in his honor. Jakrapob says that he is an avid reader and admirer of Pridi's writings on democracy and power and does not shy from making personal comparisons to him.

"When I had power, I had no experience, and when I had experience, I had no power," said the 41-year-old Jakrapob, quoting a popular passage frequently attributed to Pridi. "I hope my experience is different, that my political scars today will one day be seen as a badge of courage."

The verdict on that, and more broadly Thailand's democratic future, is still out.

Shawn W Crispin is Asia Times Online's Southeast Asia Editor. He may be reached at swcrispin@atimes.com.

(Copyright 2008 Asia Times Online (Holdings) Ltd. All rights reserved. Please contact us about sales, syndication and republishing.)


To coup or not to coup in Thailand
(May 31, '08)

The politics of revenge in Thailand
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