Saturday, July 25, 2015

CAMBODIA AND THAILAND: Military and Police control



To date, Thailand is still under the control of National Council for Peace and Order (NCPO), the military institution led by General Prayut Chan-Ocha, since the overthrew of late interim elected government headed by Yingluck Shinawatra on May 22, 2011. NCPO is backed by the Thailand Royal family and has been taken full control over security forces. To date, NCPO has repealed the constitution (excluded that in relevance to Monarchy), limited civil liberties by suppression legalized through royal decrees, most of which banned on freedom of speech, freedom of assembly, and freedom of the press (Human right report, 2014). With its leadership in charge, NCPO had detained 900 or higher amount of political leaders, academia, journalists and others and keep many up hold for more than seven days (Human right report, 2014). The most concerning human rights issue regarding arbitrary arrests and detentions, violence and discrimination against women, sex tourism, sex exploitation of children, trafficking in persons, discrimination against persons with disabilities, minorities and migrant workers(Human right report, 2014). On top of that, cases such as disappearance, tortured, degrading treatment or Punishment and very bad detention condition are worsening the democracy. Thailand government lack of responding to the disappearance of activist Porlajee Rakchongcharoen and unlawful arrest of KittisakSoomsri, the ignorance to the urge of international communities and Human Right Watch have further emphasized the incapability of the military-led government further in addressing human right issues.

Although there has been some “cleaning process” of the military system through dismissed, arrested, prosecuted and convicted of security force members, such effort is not very effective due to the protection of law and royal decree. The 2005 Emergency Decree and 2008 Internal Security Act (ISA), article 48 in particular, give immunity to coup leader and its fellows for pre- and post-coup actions with no regard to the legal personality of such actions. In this regards, it is cleared that democracy and human rights issues are in major concern due to the predominant power of Military Juta inside the country. In order to let Thailand be back on democracy path again, a legitimate government through free and fair election ought to be formed, in connection with timid effort taken by military leader in tackling human rights issue. The monarch should voice in to control the violence and abuse against Thai people by the military members and should amend some of the royal decree that are strongly opposing the freedom of public opinion and over suppression on civil liberties.

Two important and remarkable institutions in relevance to military and police in Cambodia are: the General Commissariat of National Police (GCNP) and the Royal Cambodian Armed Forces (RCAF), all under the scope of Ministry of national defense. Significant problems with the two entities are their closed links to the ruling party/government, lack of capacity and code and strong alleged to corruption and illegal conducts (Oeun, 2007). In the case of Cambodia, military and police powers are belonged to the ruling Cambodia National Party (CPP) or the current government. The ministry of National Defense is headed by Tea Banh who also serves as the deputy minister in the Cambodian National Assembly. Tea Banh is a former CPP member and one of the closed linked officials to current government leader. Such connection brings strong bond between the two and also creates problem in a sense that the military and police sectors served in favor of the government rather than state. The incident of military suppression over post 2013 election protests led by opposition parties, detained top CNRP lawmakers, protest clashes caused brutal injuries and/or fatal conditions to the civilian by violence from the squads are all evidences of the bad consequences of the bureaucratic relations.

“Four men were shot dead and 21 others injured when security forces fired live ammunition during violent clashes with striking garment workers and others in the PurSenchey district of the capital, Phnom Penh. Eight officials of the opposition CNRP were arrested and charged with leading an “insurrection” following a violent clash between some CNRP supporters and district security guards at an attempted peaceful gathering at Freedom Park in July, 2013. Some of the 23 arrested were severely beaten by security forces and denied access to medical care.” (Amnesty International, 2014).



To date, the implications on democracy and reforms in Cambodia are largely negative and in great retreat. The government still be able to use absolute power through military and police to suppress on freedom of expression, violence against civilians and protesters and exploitation via illegal actions through the use of force. There ought to be stronger willingness of the state to develop a more rule based practice through balance checking of works conducted by the military pernsonnel and the police officers, punishment toward the conducts on illegal practices especially eliminate or minimize the use of squad force in the society, as well as allowing more public voices to be heard in order to move better toward democracy.

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