Friday, September 21, 2007

Reference: Aree, Oranuj face calls to resign, Bangkok Post, September 22, 2007

Although Interim Prime Miinister Surayud Chulanont has repeatedly appealed to the rule of law in major policy speeches, recent political events indicate that the concept of the rule of law is not well understood in Thailand where subjective opinions or social values often supersede the law. For example, criminal charges against the adult son and daughter of the former prime minister stalled after a hue and cry from certain prominent individuals that persecution of "the children" was not right and would not be tolerated by "the father". Conversely, we now have a hue and cry from prominent individuals that cabinet ministers who have acted transparently within the letter and the spirit of the law should resign because their share holdings, though legal, are not deemed moral. Subjective evaluation and interpretation at the point of enforcement are contrary to the rule of law. The rule of law and the independence of the judiciary are the foundations on which democracy stands. If a law is not moral it may be changed through proper channels but until then it must be applied exactly and equally to all citizens without fear or favor. Fear, favor, or selective enforcement corrupts the rule of law. Thailand's cultural insensitivity to this issue is the Achilles heel in its democratic aspirations and also in its desire to rid itself of corruption.

Cha-am Jamal
Thailand

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