Photo: Bangkokbiznews.com

 

On 12 December, a number of people will gather in front of parliament to lay siege to the National Legislative Assembly (NLA), to make them virtually defunct. Led by the NGO Coordinating Committee on Development (NGO COD) and other civil society movements and individuals who can no longer tolerate the excesses of this interim legislature, the showdown is aimed at halting their last ditch of efforts to endorse, en masse and in haste, many laws that abuse human rights. As the general election is forthcoming, The NLA should stop action on significant legislation, but they have failed to do so. One of the most abusive laws, the Internal Security Bill, which has drawn outcries from the public, is going to sail through the legislature. Here is an interview with a leader of the protest movement and the reasons why they have to disable the illegitimate parliament.

 

What's wrong with the NLA?

 

A number of laws are tabled for consideration by the NLA, and they are laws that will lead to excessive abuse of people's rights on one hand and increased powers for the bureaucracy, including the military, on the other. This legislature was appointed and is nearing its term. And the general election is forthcoming.

 

One of the most important laws we oppose is the Internal Security Bill. Others include laws concerning the privatization of higher education, energy, water, agricultural councils, radio and television broadcasting, etc. A rush to push through these laws will work to the advantage of the government rather than people. And so far, people have no means to voice their opposition. Therefore, the only possible means we have now is to shut parliament down. We are saying that there is no need for NLA to pass any more laws.

 

That means if the laws were favourable, then NGO-COD would have no problem with the NLA, right?

 

We have to admit that through the NLA, some members of NGO-COD have made attempts to push through laws that work in the interests of the disadvantaged. A few such laws have been endorsed while others have lost their original meaning. For example, the Community Forest Act came out in a version entirely different from what the people's sector had fought for over the years. It could be said that the majority of NGO-COD members would accept the NLA for the laws that they endorsed and which work in the service of people.

 

That means it's now proven that the NLA has failed the test and has not worked in the interests of the people. Therefore they should stop?

 

Since they came from appointment, we, NGO-COD, do not propose that they be closed down. Somehow they should never have been appointed from the beginning. But in light of the current situation, we propose that it be closed for two main reasons. First, the time for a coup-makers' appointed parliament is over as the election is forthcoming. Second, the contents of the pending laws are obviously geared toward increasing the power of the bureaucracy and the military at the expense of the people. Many of the laws will infringe on our rights. And we deem that it is illegitimate for an appointed parliament to consider such laws that have drawn much controversy. They should instead be considered by a bicameral elected house system with more checks and balances.

 

Aren't you addressing their lack of legitimacy?

 

I can say this from my personal view, not NGO-COD's. In general, NGO-COD has made clear its stance on various occasions including rejection of the draft constitution, not because it was a product of the coup, but because of its contents. Similarly, we deem that there is no need for the NLA to perform their duties any more during this election time. We do not question their legitimacy since the beginning. We are talking about the contents of many pending laws which are detrimental to the people.

 

The consideration of laws that affect people's freedom and liberties has been going on for some time, why the move against it is made just now?

 

There have certainly been some abusive laws. One that comes to my mind is the Cyber Crime Act which infringes on people's cyber rights. We protested against the law, too, but our action failed to stop it. Previously, we have made attempts to monitor and make our stance clear on various pending laws in the parliament. But at this point, the Internal Security Bill is utterly unacceptable. For us, this law has drawn the strongest outcry from public.

 

Therefore, we want to mobilize people from all sectors to halt the legislature. And many academics will join us and other civil society organizations including the labour unions, student groups, etc. which are campaigning against abusive laws.

 

Given the diverse membership under NGO-COD, the political stance of members would normally be different. Since the NLA has been in place, has their stance changed, and how?

 

NGO-COD is composed of various factions including those opposed to the coup, the NLA, the appointed legislature. But maybe they are the minority among NGO-COD constituents.

 

For the move to close the NLA, we have been consulting various networks, particularly those who think that the NLA is pushing through useful laws. We have to come to terms with each other. And we think we have reached some consensus. Nevertheless, among the NGO movement, we do have different opinions such as on the Community Forest Act. Some think it is useful for the law to be enacted now, but others think we should wait for the parliament- elect. The stance on the NLA is not as important as what we can expect from some members in the NLA.

 

Aren't you considering lobbying them to withdraw some laws?

 

We have made umpteen statements on the Internal Security Bill; we have talked to the NLA members who are close to the NGOs. And there will be just 20 of them who will vote against the law, but there are another 101 members. We believe this way we won't be able to stop this law. Therefore, there is no need for further negotiation, or submitting another petition or meeting anyone. The only solution is to show the people's power to force them to close down the legislature.

 

Now that the law is close to passing, don't you think your move is too late?

 

It should take 10,000 people to sign up to kick off a process to nullify a law. It seems to nullify it is easier than to enact it. We can draft just one law to invalidate ten existing laws. After the election, we should plan to demand a law that makes it possible for 10,000 people to invalidate existing laws to solve problems caused by the laws passed by the NLA or other existing laws. In my opinion, the people's sector should move toward cancelling all the orders made by the coup makers. Even though they are classified as laws, they were issued by the coup makers, not the parliament-elect.

 

But previously NGO-COD was determined to reject the constitution. Now you are saying attempts should be made to have a constitutional clause that allows 10,000 people to sign up against abusive laws?

 

We were opposed to the Draft Constitution. But since it passed the referendum, we have to come to terms with it and accept it as the current constitution, whether we like it or not. Therefore, we should use available constitutional mechanisms to push through the people's agenda.

 

The move to close down the parliament reflects the people's dissent toward the laws. Of course, it is better to prevent the enactment of the laws than pressure for their cancellation later.

 

Will your move be perceived as making a mess just prior to the election?

 

We have made clear the reasons why we have to close the parliament. We never plan to use force or clash with anyone. But we think the move to close parliament is appropriate and people will take sides with us. We have given explanations to various groups that will come to join us, not just from the NGOs.

 

That means there is certainly some unity in the movement to close the NLA?

 

Yes, among the NGOs, but there is one network that might still want to push through some law. But as far as I know, it has been made clear among us.

 

What if the NLA responds by saying that this move was made by the minority who did not get what they had asked for, how would you explain this?

 

We have to say then that it's because of the abusive laws they are pushing. Some of them are even in breach of the Constitution, yet they are rushing them through. Whatever they accuse us of, we will ask them back why they have to rush these laws through. Can't they wait for the new parliament to consider them, which will have much more legitimacy? We think they are rushing them through as their grand finale.

 

They might believe that tough laws won't get passed by politicians from election.

 

We are not opposed to laws that promote people's rights and freedoms. But these laws are blatantly abusive. For example, the Water Bill aims to nationalize all the water management, even though throughout history, many communities have been very active in managing water resources. The law will increase bureaucratic powers and belittle the power of the people sector, which is very unfair. The traditional weir system has been operated by people in the North for centuries. All these complex water management systems have been managed by communities based on cooperation. Now they are taking it into the hands of the government. We deem that opportunistic bureaucrats are taking advantage of people and through the NLA they want to push through any measure that secures or even increases their power.

 

What will be the activities in closing down the parliament, any symbolic action or submitting of letter of petition?

 

We expect a real siege, but it depends on how many people we can mobilize. The methods can vary according to the situation. There is no need to put it in the open now.

 

Will you close it down physically and prevent anyone getting in?

 

Yes, a physical closure. Symbolic closure won't work. We will do anything to prevent the commencement of the sessions.

 

Don't you fear it will trigger violence?

 

I have no idea how this will bring about violence. We will be there unarmed and will use violence against no one. It is not easy for them to find any reasons to clamp down on us.

 

Don't you fear they will declare martial law just as they did in Prachuab Khiri Khan?

 

I have no fears of martial law. It is no longer easy to impose it as it has met a lot of opposition and condemnation at the international level. If they decide to declare martial law, that means they are overreacting. Of if they apply the Emergency Decree against us, that will simply make people understand why the law should not exist. It will obviously show that such a law suppresses peaceful expression.

 

Will you negotiate with the political parties to make them show their stances such as on the Internal Security Bill?

 

Some NGO networks did ask political parties to do so on issues of interest to them. But within NGO-COD, it has been decided that we are reluctant to ask political parties about their policies, like to ask for their stance on the Internal Security Bill. It is not so useful to do that.

 

Do you think many people will join?

 

I am inclined to think there will be many more people than the previous gatherings.

 

If the NLA does not respond to your move, what will you do further?

 

If the siege is not fruitful, I cannot tell what we shall do yet. But I do believe we can successfully close it down. If we have enough supporters, we can close it down. But of course, we cannot close it down forever. But at least, doing so helps people to vent their feelings. Right now, NLA members feel indifferent to people's feeling, and somehow we have to find ways to solve the problems caused by them later. To put it simply, we want them to know that a number of people cannot accept the laws they are considering. Frankly speaking, the 20 something NLA members who are opposed to the Internal Security Bill should have resigned by now.

 

Is the move part of pressure for them to resign?

 

No, that is up to their own conscience. But I think resignation is something very uncommon in Thai society nowadays.

 

How can those who want to close down parliament join you?

 

Please gather at 07.00 a.m. in front of parliament on Wednesday 12 December. We will be there for the closure in the morning.

 

 

Translated by Pipob Udomittipong