Why the Lese Majeste law in Thailand is an abomination
Associate Professor Giles Ji Ungpakorn
Faculty of Political Science, Chulalongkorn University

The lese majeste law in Thailand represents a gross attack on the freedom of speech, freedom of expression and academic freedom. The practical impact is that we do not have a fully developed democracy or internationally accepted academic standards in our universities.

In my particular case, my own university refused to sell my academic book about the 2006 military coup in their bookshop. They then gave my book to the police special branch, which has now resulted in the government prosecution against me. Imagine the impact on my fellow academics. This climate of fear creates poor quality academic work which avoids all important controversial issues and debates. This appalling tradition of educational mediocrity starts at primary school and works its way right to the top of the educational system. Students are encouraged to learn subjects parrot-fashion and write descriptive, one-sided essays. Academics refuse to engage in any debate, do not read work by those who do not agree with them and regard any academic arguments as personal attacks.

The Thai Monarchy is said to be “universally loved by all Thais”. This may or may not be true. But what people have to understand is that in Thai society there is a climate of fear created by the lese majeste law, along side a manic promotion of the Monarchy. The King is said to be a genius in all fields. All statements by the Monarch are repeated as though they are the ultimate wisdom and he is referred to as “our father”. A more recent practice has been to make employees in private and public workplaces wear Royal yellow shirts every Monday or to wear black for a whole year in order to pay respect to the King’s sister after she died. Many have made comparisons with North Korea.

Another example is the idea of “Sufficiency Economics”. Once the Monarch has given his blessing to the “Sufficiency Economy”, we are all supposed to accept it and praise it without question. The Sufficiency Economy is really a political ideology that teaches people to be happy with their present circumstances and to ignore the need for income redistribution. Luckily, this aspect of brain-washing does not work very well in Thai society, for a society which cannot openly discuss economic and political policies will remain backward and under-developed. But the mere criticism of the Sufficiency Economy is enough to attract charges of lese majeste.

What is the aim of all this attempt at enforced idiocy among the population? It is a continuous attempt to keep the vast majority of Thai people in their place. We are encouraged to believe that the King is all powerful, when in fact he is a constitutional monarch. The Thai population are encouraged to believe that we live under an “ancient system of Monarchy”, a cross between a Sakdina, Absolute and Constitutional Monarchy system. People have to crawl on the ground in front of the King. But the true beneficiaries of this are the army, civilian conservative bureaucrats and the Democrat Party, not the Monarchy.

The Military often claim that they are the “defenders of the Constitutional Monarchy”, yet the Thai Military has a long history of making un-constitutional coups. These are often “legitimised” by claiming to protect the Monarchy. The 19th September 2006 coup is a good example. Rather than defending the Monarchy as such, the military sought to legitimise themselves by referring to the Monarch. The Lese Majeste Law is thus used as a tool by the military, and other authoritarian elites, in order to protect their interests instead of preserving the Constitutional Monarchy. The promotion of an image that the Monarchy is all powerful (an un-constitutional image), is part of this self-legitimisation by the military and other forces who are now in government. Les majeste cases have multiplied since the Democrats were manoeuvred into government by the army in December 2008. It is now a central weapon to be used against all those who criticised the 2006 coup or those who oppose the government.

Whether one is a Royalist or a Republican, it is now an undeniable fact that this brain-washing campaign is falling apart. And it is falling apart at the very moment when the King is getting old and may soon die. If the King is loved and respected, the same cannot be said about his son. The army, the Right-wing PAD protestors who closed the airports and the Democrat Party, have dragged the Monarchy into politics by claiming that the 2006 coup and actions by the PAD are supported or even directed by the Monarchy. It is common to hear ordinary Thais complain about the present political set-up and to then say “we all know who is behind this”. Criticism of the Monarchy is at an all time high. Its legitimacy may soon be in crisis because of the actions of the army and others and because Royal legitimacy is all that the conservative authoritarians have, they are panicking because it is all unravelling. They have brought this on themselves. The lese majeste law does not even allow for the proper functioning of a Democratic Constitutional Monarchy, which is the type of Monarchy stipulated in the Constitution. This is because it allows the Generals to take authority from the Monarchy at will.

Constitutional Monarchs in most democratic countries enjoy stability while being subjected to public scrutiny. Therefore we must conclude that the Thai lese majeste laws are not in place in order to bring stability to the institution, but serve another purpose.

Those who charge me with Lese Majeste are doing so because I have shown a principled and unyielding opposition to military coups and dictatorships. Many other activists are facing similar charges for the same reason. We must not forget their plight. We must wage an international and national political campaign to defend democratic rights in Thailand and for the abolition of the Lese Majeste law.

Unfortunately, the climate of fear that surrounds criticism of the Monarchy, together with the fact that many intellectuals, social activists and NGO people were so morally and politically bankrupt as to support the 2006 military coup, means that important sections of civil society remain silent about lese majeste. However thousands of ordinary citizens are concerned enough to express an opinion that the lese majeste law must be abolished. Without abolishing this law, we cannot have democracy in Thailand.

My book “A Coup for the Rich”
I wrote and published this book a few months after the 19th September 2006 military coup. The book was an attempt to write an academic analysis of the Thai political crisis from a pro-democracy point of view. While constantly criticising the Thaksin government’s gross abuses of Human Rights, I argued that the coup was totally unjustified. I argued that those who supported the coup: the military, the PAD, disgruntled businessmen, neo-liberals and conservative civil servants, were united in their contempt for the poor. They have no faith in democracy because they believe that the poor do not deserve the right to vote. They also hate Thaksin’s party because it could win elections, while they could not.

Another important theme in my book is the questioning of the perceived “fact” that the crisis was a result of a dispute between the Monarchy and Thaksin. It is this argument of mine that may have enraged the military most of all, since they wished to use Royal legitimacy for their coup. I also attempted to stimulate a discussion about whether a Constitutional Monarchy should defend the Constitution and Democracy. In another section of the book I tried to paint an historical account of the Monarchy and to argue that it is now a modern institution, not a feudal one.

I reject totally the accusation that I have committed any crime by writing and publishing this book.