Thailand Declares Emergency Rule in Muslim Provinces

Instead of announcing "emergency zones" the government declared emergency rule across virtually the whole of its Muslim south.

CAIRO,, July 18, 2005 (IslamOnline.net) – The Thai government declared emergency rule across virtually the whole of its Muslim-majority south in a surprisingly tough move amid growing local and international criticism, The Nation paper reported on Monday, July 18.

It declared emergency in Narathiwat, Yala and Pattani, the only Muslim majority provinces in the country, instead of announcing "emergency zones" within the provinces as had been expected.

"The decree will cover every district in the three provinces, plus four neighboring districts in Songkhla province. Those districts also need monitoring, because something could happen," Interior Minister Chidchai Vanasathidya told reporters.

Chidchai, who oversees security matters, said a newly formed Council of Ministers -- comprising interior, defense and justice ministers among other -- will meet later Monday to set out the details on implementing the new orders.

He said the authorities initially will focus on limiting the movement of people in the region and on news reporting of the unrest.

The emergency was declared under a controversial decree rubber-stamped Friday, July 15, by a hastily convened cabinet meeting.

It grants Premier Thaksin Shinawatra the power to declare emergency zones where authorities would have powers to tap phones, search and arrest without warrant, impose curfews, censor news reports, ban public gatherings and close premises.

Thailand is a predominantly Buddhist nation but Muslims make up about five percent of the population and mostly live in the five southern provinces bordering Malaysia, which has been under martial law since January 2004.

The southern region was once an independent Muslim sultanate.

Constitutionality

"The way the decree was approved makes people suspicious and encourages mistrust of government, " said Panyarachun.

The new law has prompted strong reactions from civic groups charging it violates many basic rights and could escalate unrest, The Nation said.

The Campaign for Popular Democracy and its allies plan to file a case with the Constitution Court’s ombudsman this week challenging the constitutionality of the law.

But if parliamentarians decide to take action first, the groups will not file the case, said Suriyasai Katasila, the campaign’s secretary-general.

The government bypassed parliament by making the new law an executive decree, rather than an act of legislation.

Nirand Pitakwatchara, the chairman of the Senate’s Social Development and Human Security Committee, said the Senate would debate the executive decree.

Also, a group of Senators plan to gather signatures from one-fifth of the 200 members in the upper house asking the Constitution Court to rule on whether the decree is unconstitutional, the paper said.

Mass Resignation

The Senators have urged the National Conciliation Commission (NRC), which has championed peace in the deep south, to take action, saying the new law made its work irrelevant.

"Issuing such a law means Prime Minister Thaksin has rejected the NRC, taking the opportunity to consolidate his power," Nirand said.

Suriyasai suggested on Sunday that the commission’s members should resign in protest over the government’s move.

The NRC’s chairman, Anand Panyarachun, is scheduled on Monday to chair a working group meeting on the issue, and a mass resignation might be discussed, said Piphop Thongchai, a commission member.

Anand, a respected former prime minister, said the decree had raised suspicion of the government among residents in the mainly Muslim provinces.

"The way the decree was approved makes people suspicious and encourages mistrust of government. If the decree had been passed with parliament's approval, or in consultation with the NRC, people would feel better," he told reporters.

The Nation quoted another NRC member as saying that the government had broken an agreement that it would consult the panel on any attempts to terminate martial law and replace it with new laws aimed at curbing violence in the south.

"He (Thaksin) promised to seek advice from us, but he didn’t," Paisal Promyong said.

"So, how can we trust the prime minister when he imposes this executive decree in such an improper way, that he won’t use it to abuse other people?"

Critics at home and abroad have accused the Thai government of using heavy-handed tactics against Thai Muslims.

The International Crisis Group (ICG) stressed on Thursday, May 19, that the Thai government's failure to address injustices and open a genuine dialogue with Muslim leaders in the south is the real reason behind unrest in the country.

Thailand's national rights watchdog also accused the army of "violent breaches of human rights" against Muslims in the south.

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