The regime has decided to continue its confusing, piecemeal attitude towards elections and free speech. The latest declarations on a general election emphasise shortcomings all across government and the ruling National Council for Peace and Order (NCPO). By law, setting an election date is the exclusive duty of the Election Commission. When the EC did just that, the regime immediately stepped in, first to accept it, then to negate it and finally to mark it out as an open-ended and conditional option.
To recap, here is a summary of the pertinent activities of a busy four days. On Saturday, the deputy secretary-general of the Election Commission, Natt Laosisavakul, presented a detailed timeline to the media that culminated in a general election for both a House of Representatives and Senate on Feb 24. On Sunday, the chief spokesman for the NCPO, Maj Gen Piyapong Klinpan, said the timeline of planned events and a nationwide election on Feb 24 were fine. "There is no reason to postpone it," he said. On Monday, Deputy Prime Minister Wissanu Krea-ngam indicated a Feb 24 election was unlikely.
More interestingly, NCPO chief Prime Minister Prayut Chan-o-cha said Tuesday that Feb 24 is accepted as the poll date "for now". But if the election cannot be held, then there will be further discussion to review the date, He did not elaborate on what conditions could derail the poll.
A vital point of information is that the constitution, written under intense regime supervision, grants exclusive right to set an election date to the EC. Neither the government nor any non-government body has a say.
The procedures explained by Mr Natt for a Feb 24 election match precisely and step by step those enshrined in the constitution. They begin with a Royal proclamation published in the Royal Gazette and culminate in voting. Legally, if the EC sets Feb 24 as national election day, only cataclysmic and outside events can stop it. And even in that event, only the EC has legal authority to reschedule it.
Of course, the sad fact is that there is one lingering and overriding authority. That is the power of Section 44, a hangover from the outdated and legally discarded interim, coup-driven constitution of 2014-2017. Section 44 can dictate, mandate or override any decision by anybody until a new government has been elected and sworn in. That, too, is a constitutional power, even though it is in direct conflict with the powers of the EC.
Similarly, the EC timeline to an election addressed a second problem. Since the coup, the regime has imposed a ban on political gatherings, speeches, campaigns, organising, fundraising and even simply meeting and talking. Gen Prayut, who personally holds all the Section 44 power, has chosen to keep these tight bans in place, even while he openly continues to hold upcountry rallies with every appearance of a political event. This means political parties cannot hold activities to prepare for the poll.
Tuesday, he said the ban will be "partially" lifted next month to enable the EC to prepare for the poll. This is unacceptable. It leaves room for the possibility that the NCPO will continue to deny political parties and the public the right to conduct basic political protocol, including holding large gatherings, in the lead up to the poll.
Section 44 legally enables the regime to deny the inalienable rights of Thais to vote, speak, rally and petition their government. Just because it is legal does not mean it is right.
While Gen Prayut promised in writing to hold elections in 2018, the public is willing to accept another delay until February, however unnecessary. It is cruel to set a date one day, then rephrase it as an open-ended possibility with conditions attached the next. The poll date set by the EC must be regarded as final. The premier should not keep things hanging in the balance.
