By John Draper & Peerasit Kamnuansilpa*
The Bangkok Post-Feb 8
Across the globe, democracy, freedoms and the rule of law are collapsing. Our planet is suffering from increasing uncontrolled migration due to resource extraction limits and global climate change which is compounding rising authoritarianism and xenophobia in countries like Myanmar. Thailand, a key middle power in Southeast Asia with great potential to lead, remains trapped in a golden cage of complacency.
For example, Freedom House’s “Freedom in the World 2018” report shows 45% of countries are free, 30% are partly free, and 25% are not free. As 71 countries suffered net declines in freedom, with only 35 registering gains, 2017 saw the 12th consecutive year of decline in global freedom.
Globally, the world is experiencing a wave of populist authoritarianism, rolling back a wave of democracy that lasted barely into the 21st century before dwindling.
In ASEAN, no nations are now free. Indonesia, once under a brutal authoritarian regime, now actually scores highest for political rights and civil liberties, and is rated as partly free. Remarkably, the Philippines, experiencing both communist and Islamist insurgencies as well as a war on drugs under the populist authoritarian ruling of President Rodrigo Duterte, ranks second, followed by Singapore, Malaysia, and Myanmar, all also partly free.
Dropping down into “not free” countries, Thailand ranks highest, just above Cambodia, where any pretence at press freedom or political rights has collapsed. Completing the list come Brunei, Vietnam, and Laos, still essentially a Stalinist republic.
Thailand’s collapse in freedom has been precipitous. The country was “free” from 1999 to 2005, dropped in 2006 to “partly free” following the 2006 coup, fell to “not free” in 2007, struggled back to “partly free” in 2008, following elections, and maintained that status until 2015, when it collapsed to “not free”.
Thailand’s slump in this area is crucial because of the resultant effects of mode of governance on its neighboring countries. Democratic “wave” theory suggests that the political systems of larger countries like Thailand set the standard for smaller, less powerful countries they border. Unfortunately, Laos, Myanmar, Vietnam and Cambodia are all witnessing an authoritarian military regime in Thailand, one just stable enough to survive and postpone elections without enough negative feedback to worry its leadership.
Thailand’s score reflects “not free” grades for both its press freedom and internet freedom, confirming the characterization of the country as a “difficult” place to operate in Reporters without Borders’ 2017 Press Freedom Index, as well as low scores for political rights and civil liberties. Though the Thai media is at present rallying around the issue of Deputy Prime Minister Gen Prawit Wongsuwon’s taste for luxury timepieces, it is heavily constrained in what it can report due to some of the world’s most draconian defamation laws and the regime’s “encouragement” of positive media reports on its policies.
These restrictions effectively minimize investigative journalism into what should be major social issues, such as the modern-day slavery in Thailand’s fishing industry. Furthermore, press events in Thailand, including those planned by respected non-governmental organization Amnesty International, are regularly cancelled.
Concerning internet freedom, Thailand’s increasingly strict and enthusiastically applied Computer Crime Act means all Thais online are effectively under surveillance, with the regime last year threatening to block Facebook and YouTube.
Activists cover their mouths with tape during a protest against the military regime in Bangkok. In recent international rankings, Thailand’s scores have slumped in the areas of freedom and the rule of law.
Although the military regime came to power on an anti-violence and anti-corruption coup, also promising socio-political “reconciliation”, the World Justice Project’s 2017-2018 Rule of Law Index reveals Thailand now has “weak” rule of law, ranking 71st out of 113 countries. Of the ASEAN countries (excluding Brunei and Laos), Singapore places highest, followed by Malaysia and Indonesia. Thailand, sandwiched between Colombia and Burkina Faso, just ranks higher than Vietnam, and though in the same band of slightly weak rule of law, is some way ahead of Myanmar, and a whole band ahead of Cambodia.
In this index, Thailand is also falling. This is mainly accounted for by very low scores on constraints on government powers and fundamental freedoms. The country scores lowest for absence of corruption, regulatory enforcement, and civil justice.
In terms of the government powers, Thailand scores lowest on independent auditing, which has disappeared with the regime conducting self-audits, and lawful transition of power, with several postponements of elections. As for fundamental rights, the establishment of an increasingly pervasive surveillance police state, with a growing track record in monitoring telecommunications and harassing human rights activists, has resulted in very low scores for right to privacy and the right to life and security.
The use of special power under Section 44 of the interim constitution by Prime Minister Prayut Chan-o-cha to make executive decisions has also resulted in a very low score for due process of law.
However, Thailand’s absolute lowest score is for effective correctional system, falling under criminal justice, with the country experiencing a high rate of recidivism and operating some of the world’s most overcrowded prisons and migrant detention centres.
Together, these indices portray a grim picture. Still, a third report, the 2017 Social Progress Index, introduced in 2014 and based on the theories of the Indian economist Amartya Sen and former World Bank Chief Economist Joseph Stiglitz, indicates Thailand’s high potential. In this report, Thailand is graded well for making upper middle social progress, scoring high for basic human needs and the foundations of well-being.
Yet, for opportunity, Thailand scores very low, for its absent political rights and freedoms of expression and assembly. Worryingly, it also scores very poorly for religious tolerance, a reflection of the ongoing southern Thai insurgency.
Contributing, also, is perceived discrimination and violence against minorities, likely due to the widespread trade in illegal Myanmar migrants and their exploitation in industry, reflecting underlying high xenophobia.
Only transitioning to electoral democracy can revive the potential of human freedom, reintroduce independent auditing, and reduce the culture of impunity.
Until elections, Thais will remain in the regime’s “golden cage”. “Protected” from self-determination, they will lack fundamental freedoms and suffer under inconsistent rule of law. Equality of opportunity will be denied to the most vulnerable, the ethnic minorities and undocumented migrant workers.
*John Draper, director of Social Survey Centre, and Consultant of Khon Kaen Smart City Initiative (Culture), Khon Kaen University’s College of Local Administration. Peerasit Kamnuansilpa is a founder and former dean of Khon Kaen University’s College of Local Administration.
(First published in Bangkok Post – https://www.bangkokpost.com/opinion/opinion/1409386/trapped-in-a-gilded-cage-of-complacency)
