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November 2013 : Whistling Protest Amnesty Bill-Corruption

  • Whistling protest against Amnesty Bill and corruption
  • Senate rejected anti-graft bill
  • Constitution amendment on article 190 passed 3rd reading
  • Senate passed baht 2 trillion Loan Bill at 2 am.
  • World Court ruling on Phra Viharn case
  • PM and Interior Minister survived censure debate
  • Constitution Court ruling on the amendment of senate composition
  • Senate approved 5 new ECs
  • Local people protest water management project
  • Economic growth lower than target
  • First-car canceled expected at 100,000
  • Rice pledge farmers to wait 1-2 month for cash
  • Hi Yian super typhoon hit Philippines

    Whistling protest against amnesty bill

    On 1st November at 4 am, the House of Reps passed the Amnesty Bill and it was a cause of protest started at Sam Saen rail station. The protest was escalated to an anti-corruption and Thaksin regime due to the amnesty bill would white wash Thaksin Shinawatra from corruption cases. On 4th the protesters marched to the Victory Monument on Ratchdamnern Avenue and occupied Ratchdamnern Avenue for the whole month. In the vicinity, another two groups of protesters; the Students and People Network for Reform Thailand (SPNRT of Kor Por Thor) led by Nithithorn Lumlua and Uthai Yodmanee and the People Army Against Thaksin Regime (PATR), had occupied Urupong intersection and Makawan Rangsan bridge for a short while.

    On 11th November, Suthep Thuagsuban and 8 Democrat MPs resigned to fully lead the protest. The three protest groups set up three separate stages and held activities daily mostly of political lectures on the injustice and malfeasance of the Yingluck administration by intellectuals and academics, politicians, societal leaders and lay-people. The event became the biggest civic education classes in the Thai history.

    On 15th November, hundred thousands of uprising citizens gathered at Ratchdamnern to sign their petitions to impeach the 310 MPs and senators who approved the amnesty bill. Altogether were 115,000 petitioners and on 20th, it was sent in 77 cardboard boxes to the Senate Speaker Nikhom Wiratpanich to be submitted to the National Anti-Corruption Commission’s investigation. However, all signatures should be ratified by the Registrar Office.

    Since the protesters blow whistles to express their disapproval they were called the “Whistling Protest”. The protesters number grew rapidly after Suthep called for more support from the provinces. Thousands of provincial protestors joined the Ratchdamnern occupation and some held protests in front of their provincial offices. Professional people in Bangkok also gathered at Ratchdamnern after office hours. Many ten thousands employees took the business streets intersection and blew their whistles for a few minutes before went back to work.

    On 24th November, more than one million Bangkok residents and provincial people gathered in Ratchdamnern to support the anti-corruption protest. Those from the south, came by chartered buses and vans, were detained for hours at highway police check-points. Some buses had flat tires from scattered nails on highways. However, they managed to reach Ratchdamnern before morning break and joined rallies in Bangkok streets.

    After the rally, on 25th, thousands of protesters went to occupy Finance Ministry and on 27th, the civic center on Chang Wattana Road was also taken. Two stages were set up and similar activities were held. The protesters did not enter the public offices but officials were asked to leave offices and all public functions were terminated. These two occupations were joined by temporary protesters every night.

    Suthep explained the occupation was a mean to oust the non-function government. He demanded the sovereignty to be returned to the people and a setting up of a national reform council. In respond, on 29th, Prime Minister Yingluck Shinawatra, on televised, announced she has an authority to govern but welcomed any dialogue.

    However, the occupations did not enter the areas where Security Law being imposed such as the government house and the parliament, guarded by 46 police squads. Kor Por Thor rallied to the military head quarter to submit a letter but withdrew after they were greeted by the officer-in-charge.

    After the House no-confidential debate ended on 28th, Phue Thai party resolved their provincial MPs should set up stages to counter the anti-government protest. The anti and pro-government groups run into each other in many provinces and in Samutprakarn the encounter was almost clash.

    The anti-corruption/anti-amnesty bill/ anti-government protest has a few affiliates; the 40-senator group, the university rectors of Thailand assembly, the group of businessmen, the Thai Chamber of Commerce etc. A House dissolution was suggested as one of many ways to resolve the situation.

    On 29th November, business people on Petchburi road rallied to blow whistles in front of Phue Thai party building. Through a formal announcement, they stated Thaksin regime, exercised by proxy Yingluck administration, is a cause of deep rift among Thai people. Corruption became normal practices. Opposed state officials were transferred unjust.

    Phue Thai party held a general assembly in Bangkok to support the government on 30th November. Its provincial MPs facilitated the transport of Red Shirts to the meeting venue at Ratchamankhla sport stadium. At night, there were gunfired into Ramkamhaeng university campus where thousands students were gathering. One student was shot dead and many injured. It was the first death of the citizen uprising.

    Senate rejected anti-graft bill

    On 11th November, the Senate unanimously voted 140 to nil to reject the House approved Amnesty Bill. The Bill, previously passed the House on 1st November, was strongly opposed by both the pro and anti-government fractions so Prime Minister Yingluck suggested the Senate should use their own justifications. However, the House has authority to reconfirm the rejected Bill after 180 days passed.

    Constitution amendment on article 190 passed 3rd reading

    On 4th November, the Parliament passed the amendment on Section 190 of the Constitution with 190 to 165 votes and 9 abstained. The amendment principle is to give more authority to the government in negotiating and signing international agreements on ground that the present section delays this effort.

    After the Bill passed, Democrat Songkhla MP Wirat Kallayasiri said he would lodge a complaint, according to Section 68, to the Constitutional Court requesting the Court to rule whether this amendment is constitutional or not.

    Senate passed 2 trillion Loan Bill at 2 am.

    On 20th November, after a 7-hour debate, at 02.50 am, the Senate voted with 68 to 44 and 3 abstained to pass the Bill that allows the government to secure loan of Baht 2 trillion total for development of infrastructure.

    The Bill was first drafted with principle that its revenues would not be returned to the treasury and the principle remained until passed the House. When it was forwarded to the Senate, a joint House-Senate committee was appointed to read the Bill and Article 6 was revised to stipulate that the revenues must be returned to the treasury. When this revised draft re-submitted, the Senate deliberated to the original draft and passed the Bill.

    Criticism was that without proper treasury system, it would lead to a lack of ability to deter future corruption and maintain the system of checks and balances. Petitions were already lodged to the Constitutional Court concerning this matter.

    However, Finance Minister Kittirat Na Ranong was confident that the first investment, Baht 100 billion to 200 billion, could be spent in 2014. Some funding will come from the government bonds in domestic and international market in the next ten years. A total issuance of Baht 450 billion will be divided into a Baht 30 billion to 45 billion annually. He also said at the 11th year, new bonds would be re-issued to repay the due bonds.

    Verdict on the Phra Viharn dispute

    On 11th November, the International Court of Justice (ICJ) delivered a ruling on the case concerning the dispute over the land surrounding the Phra Viharn Temple. The case was brought by Cambodian government for the interpretation the 1962 verdict which declared the temple to be Cambodian, but did not rule on the area around it. The court said it has no authority to rule in contradiction of or beyond the 1962 verdict and suggested the two countries to settle on the definition of the vicinity of the temple that was a “very small portion of territory” in good faith.

    Deputy Prime Minister and Foreign Minister Surapong commented shortly after the Court delivered judgment that the judgment should be acceptable to both sides. He said that Thailand and Cambodia would discuss the implications of the Judgment under their Joint Commission on Bilateral Cooperation. Ambassador Virachai Palasai, leader of the Thai legal team, summarized the Judgment, saying that the Court found that Cambodia’s request was admissible and ruled that the 1962 Judgment had decided that Cambodia had sovereignty over the promontory of the Temple, an area which is in fact close to alternative Method One considered by the Thai Cabinet in 1962. He also said that the Court did not specify the exact area and instructed Thailand and Cambodia to negotiate.


    Censure debate against PM and Interior Minister

    On 26-27 November 2013 the House of Representatives hold a censure debate on the Prime Minister and the Minister of Interior. The motion was lodged by the opposition Democrat party. Voting was done on 28th and the two sailed through with confidential votes 297 to 134 and 296 to 135, respectively.

    Democrat leader Abhisit Vejjajiva gave reasons of no-confidential;
    • Corruption. The Prime Minister has abused the rule of law in favor of business benefits. Cited Thai Chamber of Commerce report, corruption now increased to 30-40% of the cost of state’s projects and it was a national loss equivalent to 235 billion baht annually. Millions of people held street protest on 24th November to show their oppose to corruption and demanded the government oust.
    • The nation is becoming a fail state when the rule of law was not uphold when Phue Thai party denounced the Constitution Court authority on its ruling on the amendment on senate composition.
    • Many irregularities in the Baht 350 billion water management program and the rice pledging scheme that despite a current loss of more than 400 billion baht the farmers actually received only 80-90 billion baht.
    • The enactment of the 2 trillion baht Loan Bill was unconstitutional and destroyed the check and balance system.


    Phitsanulok Democrat MP Warong Dejkitvikrom said by the order of the National Rice Policy Committee (NRPC), the Public Warehouse Organisation (PWO) had colluded with three private companies connected to the government in bids to pack 2.5 million tons of rice in 500 million packages, 5 kg. per package, to be sold at low cost to alleviate the low income consumers. There were evidences that less than 50%, 2.5 million tons, has been packaged and sold in the market in three companies’ brands. The rest was re-pledged with the mills. This is another cause of a big loss to the scheme and the prime minister, in her capacity as NRPC chairman, must accept responsibility for the irregularities in rice distribution and shady agreements with rice mills.

    However, the packaged rice project was halted by an order from the Prime Minister since August 2013 but no investigation was proceeding until after the censure debate ended. The Commerce Ministry appointed a committee to investigate into the matter within 2 months and involved officials were temporary transferred to other posts until the investigation ends.

    Constitutional Court ruling on the Senate composition

    On 20 November, the Constitutional Court ruled that the constitutional amendment seeking to change the composition of the Senate, passed by 312 votes of MPs and senators, contravened the Constitution on 4 reasons.
    1. The amended version was not the original version submitted to the House and there were changes in its principle.
    2. The deliberation was not done legitimately.
    3. The voting was done in an illegitimate manner; there was evidence that one MP casted more than one vote.
    4. The amendment significantly breached the parliamentary check and balance system.


    The Constitutional Court judges voted 6 to 3 that the amendment procedure was none-conform to Section 122, 125, 126 and 291 of the Constitution and voted 5 to 4 that the change of senate composition was an act violated Section 68.

    After the Court’s ruling, the National Anti-Corruption Commission called a general meeting to resolve their action in regards to the graft law. Five complaints were lodged and the NCCC has appointed a sub-committee to investigate this matter concerning the impeachment of persons holding political positions.

    The Pheu Thai party issued a statement objected to this ruling by giving a reason that the Constitutional Court infringed upon the power of the parliament to amend the constitution in accordance with procedure. It also commented that the amendment Bill had already been submitted for royal assent since 1 October and the Bill could not be requested back.

    Democrat MPs resigned- Bye election announced

    On 12th November, Suthep Thuagsuban and other 8 Democrat MPs submitted their resignations from the House of Representatives.

    The Election Commission called a bye-election on 22nd December in 8 constituencies due to one resignation was a party list MP.

    Senate approved 5 new ECs

    In November, the Senate approved 5 new Election Commissioners. They are:
    1. Somchai Srisuthiyakorn.
    2. Boonsong Noisophon.
    3. Pravit Ratanapein.
    4. Supachai Somchareon.
    5. Teerawat Teerotewit.


    Stakeholders objected Water Management Plan

    Regarding to the Administration Court’s order, several public hearing were held in the locality where water management projects are to be implemented and on 22nd November, a public hearing was held in Samutsongkram province. Due to there were oppositions in those previous hearing, 500 anti-riot police were assigned to secure the meeting. The attempt was fruitless and the hearing was disrupted and sudden terminated. It became turmoil when students who tried to give boxes contained complaints from 20,000 stakeholders were clashed by riot police.

    On 15th November, another meeting was held in Kampangpetch province and there was also a chaotic when police took some protesters out of the auditorium. However, the protesters managed to submit their letters of protest to the governor who promised he would forward them to the government.

    On 27th June, the Administrative Court ordered the government to hold public meetings in 36 provinces to be affected by the Water Management Project and the first meeting was held on 15th October. There were opposed in every hearing and complaints were on lacking of prior information, the opposite opinions were unable to expressing their views and most attendants were not real stakeholders living in the locality. The outcry was not widely recognized until the Samutsongkram meeting held. Local people were all alerted and well-prepared with information. Their opposition was particularly on a construction of a 281 km. man-made floodway, running from Kampangpetch province through Samutsongkram into the Gulf of Thailand. Enormous inflow of fresh water could change the ecosystem of the area where aqua farming and natural fishery are bountiful.

    The 350 billion baht project was divided into 9 modules. Each module, to be applied in certain area has different implementations; construction of reservoirs, dams, monkey-cheeks or swamp, protection of built-up and economic areas by concrete wall, rehabilitation of existing waterways, land use planning, data bank for forecast and most importantly, 2 man-made floodways running north-south along both sides of Chao Phraya river. The project has no details but stated that the study-design-construction would be done by the contractors. Tender and bidding were completed with all 4 submittals approved by the cabinet. Each will get contract or contracts on certain modules. They are HD China JV, Loxley JV, Summit SUT JV and K Water from Korea. Among them, K Water got a huge share of 45% of the total project cost.

    Economic growth below target

    The Fiscal Policy Commission (FPC) reduced estimated economic growth in 2013 from 3.7% to 3% of GDP. FPC also reduced the policy interest rate 0.25% to a 2.25% to reflect export drop 0.67% to a growth of 1% annually.

    Over 100,00 first car cancellation estimated

    The Federation Industry of Thailand Vice President of the Vehicle Industry sector Surapong Paisitpattapong said among a total of 1.25 million first car buyers, 132,000 orders are pending and it is expecting that a total of 100,000 units would be cancelled before 2013 ends.

    From January to October 2013, all manufactures produced a total of 2,115,375 vehicles. It was estimated that by the end of December, 2,510,000 units would be turned out and this is lower than the estimated target of 2,550,000 units. Vehicle production decrease in average of 4.94% monthly and in October, a total production was 185,117 units. Production has continued to drop to less than a normal of 200,000 units for three months.

    Payment to rice farmers postponed

    The Bank of Agriculture and Agricultural Cooperatives ( BAAC) manager Lak Watchananwat reassured that the rice farmers should get their cash though the payment were postponed for 1-2 months. A total of 1.2 million tons of paddy rice has been pledged in the 2013/14 season but the Bank has to receive either the new loan from the Finance Ministry or income from rice selling from the Commerce Ministry so it will be able to pay the farmers.

    After 2 years of implementation, BAAC has already spent 680 billion baht on the rice pledged scheme and this exceeded the cabinet approved budget of 500 billion baht loan. The Bank had received a 140 billion baht reimbursement from the government but a 40 billion baht due is still unpaid. BAAC requested the Commerce Ministry should urgently release the current rice stock before the 2013/14 season starts. The Bank needs another 270 billion baht for the new season.

    The Finance Ministry requested the cabinet to temporary lifted the 500 billion baht maximum budget so the Ministry could guarantee another 2 loans each of 140 billion and 130 billion baht.

    Deputy Commerce Minister Tanusak Lek-uthai said rice pledge scheme has no financial trouble and it was incorrect that the farmers have to wait for 1-2 months before getting their payment. He was confident the program could be administered within the 500 billion baht allocated capital. The Ministry has paid 180 billion baht to BAAC and in 2013, more than 820 billion baht has been allocated to the Bank and among those, 55 billion baht was for the 2013/14 rice scheme expenditures. In November and December, there will be another 240 billion baht from rice selling so the government will have sufficient cash by December.

    On 20th November, the Commerce Ministry signed a government to government contract with Beijing Great Northern Wilderness Rice Industry of ChinanRepublic. The company is an affiliation of Pei Ta Huang Co. Ltd., Agriculture Department in Long Chiang region. 1.2 million tons of rice and 9,000 tons tapioca will be sold at market prices.

    The Agriculture Future Exchange of Thailand (AFET) quoted price of the Freight on Board (FOB) 5% white rice, on 1st November, delivering in November, at 13.63 baht per 1 kg. According to the current global market prices is 460-470 USD per ton which was the lowest in these three years, the government stock of paddy rice starting cost is 15,000 baht per ton, therefore, when adding with other costs, it is estimated that the lost would be approximately 360-370 USD per ton.

    On 12th November, the International Monetary Fund urged Thailand to stop its rice pledge scheme reasoning it destroyed confidential in the monetary sector. If the program continues, the loss will constantly increase and the lack of information of the scheme will consequently decrease confidential in national public finance.
    Super typhoon Hai Yian hit Phillippines

    On 8th November, super typhoon Hai Yian hit the Phillippines with a velocity of 215-314 km. per hour. More than 5 meter high surfs swept ashore in 44 provinces where more than 11 million people lived. It was the biggest devastation when thousands of buildings washed away. 5,613 deaths, 18,557 injuries and 1,602 still lost were reported. While 4 million went homeless, temporary shelters could accommodate only 350,000 people.
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