Monday, August 31, 2009

UN calls for broader laws

       Thailand and Laos are being urged by the UN Office on Drugs and Crime to pass wide-ranging laws that would be more effective in cracking down on transnational organised crime.
       The countries' existing laws could only deal with members of gangs, not the leaders, directors or financiers of organised crime groups, said Andreas Schloenhardt, a legal expert from the University of Queensland and the author of the UNODC report on organised crime offences in Asia and the Pacific region.
       The report was launched in Bangkok yesterday.
       Thailand's criminal law contains no specific provisions associated with criminal organisations, he said.
       Thailand and Laos have signed the Convention against Transnational Organised Crime, better known as the Palermo Convention, but have yet to issue domestic laws to put the pact into practice.
       Other Asian parties to the convention such as Singapore, China, Hong Kong,Japan, Korea and Vietnam have been taking some full-fledged follow-up actions, he said.
       "It is understood that Thailand has its own domestic political concerns so the issue of tackling the organised crime gangs through these laws have yet to be given a high priority," Mr Schloenhardt said.
       Thailand should enact new laws that are more effective at preventing and suppressing organised crime as its present laws were not comprehensive enough to criminalise organised crime, he said.
       Its ability to tackle transnational organised crime was being hindered by an obscure definition of "organised crime" and the lack of legal provisions to indict those involved in an act of conspiracy in serious crimes.
       Mr Schloenhardt warned that any definition of a "criminal organisation" must not be used as a pretext to eliminate political rivals or outlaw social groups or organisations that pursue religious and ideological causes.
       UNODC regional representative Gary Lewis said regional cooperation and a stronger effort to implement the Palermo Convention were needed to prevent organised criminal groups from "jurisdiction shopping" for countries with little in the way of coordinated response and constraints on domestic law enforcement.

Friday, August 28, 2009

Furore over caning highlights rise of Islamic law

       Malaysia would be better off if all citizens, including non-Muslims, were subject toIslamic law including 'hudud' penalties like stoning adulterers and chopping off thieves' hands.
       HARUSSANI ZAKARIA, THE MUFTI FOR PERAK STATE.
       The dramatic case of a Muslim model who faces caning for drinking beer in Malaysia has highlighted concerns that Islamic law is on the rise and that the nation's secular status is under threat.
       Kartika Sari Dewi Shukarno,32, was arrested at a hotel nightclub and sentenced to six strokes of the cane last month, in a rare prosecution of religious laws that ban alcohol for Malaysia's majority Muslim Malays.
       Her insistence that she was ready to face her punishment and would not appeal threw government and religious authorities into a spin as they attempted to carry out the sentence against a woman for the first time.
       As international headlines mounted,and foreign TV crews reported live from her family's home as the mother of two was detained ahead of the thrashing,she was abruptly released and the punishment is now on hold indefinitely.
       "The overriding view was that the sentence meted out was too harsh and is not commensurate with the offence,"said Women's Minister Shahrizat Abdul Jalil.
       She announced that the religious court would hold a review.
       "We are equally concerned not only for Kartika Sari, but also for the fact that this one particular case could have damaged the image of Malaysia in its fair and just implementation of the sharia law," the minister said.
       Despite the queasiness in meting out the sentence, in a jail not far from the glittering capital Kuala Lumpur, ethnic Muslim Malay politicians have long been competing to be seen as more pious than the other.
       The dynamic of "political Islam",which has alarmed Malaysia's minority ethnic Chinese and Indians, has gone into overdrive since 2008 elections that humiliated the long-serving Barisan Nasional coalition. The United Malays National Organisation (Umno) which leads the coalition and needs Malays as its bedrock, is being challenged by the conservative Islamic party PAS, a member of the resurgent Pakatan Rakyat opposition.
       "There is this whole business of outIslamising one another," said Azmi Sharom, an associate professor in the law faculty of Universiti Malaya.
       "There has been persistent talk that Islam is under threat for the past year and a half, since the results of the last general election." Prof Azmi said that in their eagerness to display their religious credentials, politicians were failing to check the creeping authority of the sharia courts, which operate in a dual-track system with the civil courts.
       Sharia courts can prosecute Muslims for certain offences including drinking alcohol and "proximity" or illicit contact with the opposite sex. While enforcement has been lax in the past, it is now becoming more aggressive, and the scope of the religious courts appears to be expanding.
       Prof Azmi said the government, which is keen to preserve Malaysia's reputation as a progressive and moderate Muslim nation, was skirting the issue by urging Ms Kartika to appeal."The crux of the matter is, how can we have such medieval laws on our books at all?" the professor said."I have a feeling this problem is going to get worse and worse because none of the leadership is going to have the guts to say - hold on, this is a secular democracy, we have to put a stop to this."
       Harussani Zakaria, the mufti for northern Perak state - an Islamic scholar empowered to give rulings on the Sharia - endorsed the push for stricter implementation of Islamic law.
       "People will ask, you have this law,why don't you practice it? When we practice it, then the government interrupts the process," he complained, adding that Ms Kartika should be punished swiftly. The influential cleric said Malaysia would be better off if all citizens, including non-Muslims, were subject to Islamic law including hudud penalties like stoning adulterers and chopping off thieves'hands.
       Zaid Ibrahim, a former cabinet minister in charge of legal affairs who quit last September and later switched to the opposition, said problems can arise if sharia pronouncements conflict with the constitution.
       "But which Malay political leaders from either side of the political spectrum dare touch it?" he said.
       "So the hardliners can and will always push and push and Malaysia will no longer be a liberal and moderate modern state," Mr Zaid said.

Economically, the worst is over, says Abhisit

       The Board of Investment, Esso (Thailand)Pcl and Exxon Mobil Ltd yesterday celebrated the sixth anniversary of the establishment of Exxon Mobil's Bangkok Business Support Centre. On this occasion Prime Minister Abhisit Vejjajiva was invited to deliver a speech, the excerpts of which are published here.
       Despite our persisting political problems,Thailand has always remained investor-friendly and ready to welcome our foreign friends.
       The current financial crisis - possibly the worst in 80 years - has sent a chill down the spines of many countries.The hardest hit of all have been the developing and small to medium-sized economies.These economies are suffering even though the cause of the crisis was not one of their own making. And as the world is interdependent and interconnected, the drop in purchasing power and the demand for our goods and services among our major trading partners have inevitably affected us.
       A sharp drop of 20% in the export and tourism sectors in Thailand earlier this year clearly demonstrates this point, as our economy heavily depends on these two important income-earning sectors.
       So, when the government came into office eight months ago, we knew that our priority was to tackle the economic problem right from the start. We also knew that we had to resolve the economic problem as well as our own internal political problems - hence,the "Twin-Challenges."
       In this regard, we made sure that the political problems did not derail us, or distract us, from resolving the economic problems,for the welfare of our people has to come first.
       That is why the government has swiftly introduced the First Stimulus Package which encompasses several short-term assistance and relief measures - including income support for low income people, skill-training programmes, and free basic education. This is primarily to make sure that our poorest,our vulnerable and the least fortunate in our society can weather the economic storm.I must say that while this stimulus package is somewhat unconventional, it makes a lot of sense.
       It is also very practical as it is the quickest way to sustain the livelihood of our people
       and to get the money rolling in our economy again.
       Now that all of the projects in the First Stimulus Package have been completed, I am pleased to say that this unconventional approach has indeed paid off. We can now safely say that the "worst is over". We have seen signs of positive change. For example,we have seen a rebound in consumer confidence. We have seen a different pattern of consumer spending. We also have a huge current account surplus of 1.4 billion US dollars in the first half of this year and a comfortable level of foreign exchange reserves.
       But perhaps a clearer indicator is the improvement in our GDP. From minus 7.1%in the first quarter of this year, the second quarter registered a contraction of 4.9%.But on a quarter-by-quarter basis we have now seen this figure turn positive to 2.3% in the second quarter. We expect the continuation of such improvement and are confident that by the fourth quarter the year-on-year figure will also turn positive.
       So, to tackle the economic aspect of the "Twin-Challenges" that I mentioned earlier,the government has adopted a "TwinApproaches" solution. While we address the short-term economic problems, we are also looking into investing in our long-term socio-economic capability and competitiveness. That is why the government has introduced the Second Stimulus Package, which we call in Thai Patibudkarn Thai Kem Kaeng and in English,"Thailand: Investing from Strength to Strength."
       This 45-billion-US dollar package, to be implemented over the next three years, will be used for investment in the long-overdue infrastructure projects such as roads, rail,communications, logistics, and water management and distribution system.
       Part of this fund will be used to upgrade our healthcare and education facilities and create centres of excellence in medical services. Our service industry, which has tremendous potential to expand, will get a bite at this fund as well, along with the creative economy and tourism industries.
       Last week, Cabinet approved several projects under this stimulus package and they will be put into operation very shortly. All in all, the Second Stimulus Package will be preparing Thailand to enter the post-crisis era as a stronger and healthier economy.
       More importantly, what is important is that it is all about creating "opportunity"for all of us, Thai people and foreigners alike.
       For foreign investors in particular, despite our persisting political problems, Thailand has always remained investor-friendly and has been ready to welcome our foreign friends.
       After my visits to China and Japan, for instance, I can confidently say that the desire to come and invest in Thailand is still alive and well. I have already met with potential investors from these countries and the results were extremely encouraging.
       I know many of you are now wondering if I am going to speak about the political situation - especially after the Cabinet resolved on Tuesday to invoke the Internal Security Act from August 29 to September 1. I would love to say no, as you have heard so much about Thai politics from the news almost on an hourly basis. But I think it is important that our people and our foreign friends truly understand the situation and the rationale behind the measure that we have adopted. Simply put, the Internal Security Act is imposed to pre-empt any violence that may be caused during the rally this weekend - a protective and precautionary measure, if you would like. It is not the same as the Emergency Decree that had been imposed before, because the Emergency Decree was imposed after the violence broke out, in order to contain the situation.And as experience is the best teacher, we have learnt our lesson from the incidents in April, and we cannot allow that to happen again.
       The Internal Security Act will serve as a confidence-boosting measure for all concerned. It will create stability and prevent chaos.
       And, most importantly, measures that will be carried out by the authorities concerned will be strictly in accordance with the law and the Constitution. The Act will only be imposed for a short period of time and only in Dusit district of Bangkok. So, in other areas of Bangkok and the rest of Thailand, business and social activities can proceed as normal.
       I am pleased to hear that the business community has already expressed its support of the move by the government. They do not want any more riots, and the people of Thailand certainly do not want any more of the riots.
       They want Thailand to move on and move ahead towards more peace and prosperity.
       The above remarks were delivered at the "Year of Growth and Opportunities" event at the Mandarin Oriental hotel in Bangkok yesterday.

Muslims barred from Black Eyed Peas gig

       Muslims in Malaysia have been barred from attending a concert by US hip hop band the Black Eyed Peas sponsored by Guinness.
       The move comes after a Malaysian Islamic court sentenced a 32-year Muslim woman to be caned after she was caught drinking beer in a hotel and at a time when an opposition Islamic party has moved against beer sales.
       The concert, part of celebrations for Guinness'250th birthday, asks on its website "Are you a non-Muslim aged 18 years and above?" and if the response is no, access is not allowed.
       Muslims account for 55% of the 27 million people in Malaysia and are barred from consuming alcohol although the rules are regularly flouted, especially in big cities like the capital, Kuala Lumpur.
       Malaysia's Guinness Anchor which sells Guinness and other brands had sales of 1.2 billion ringgit (11.5 billion baht) in 2008.
       Even without alcohol, foreign bands are subject to scrutiny. Earlier this week,the Pan Malaysian Islamic Party (PAS)said it wanted Danish band Michael Learns to Rock banned from performing as it would cause immorality.
       Since 2007, PAS, the country's second largest political group measured by party membership, has campaigned against performances by Beyonce, Rihanna,Gwen Stefani and Avril Lavigne.

Govt urged to extend labour law to maids

       Labour laws need amending to help 400,000 housemaids who are being neglected despite the huge economic contribution they make, a seminar has been told.
       Sumet Ritthakanee, chairman of the House committee on labour, said housemaids were not adequately protected under the labour law.
       Mr Sumet yesterday told a seminar on the rights of domestic helpers that many were subjugated and taken advantage of by their employers.
       They have no access to state welfare even though they generate 27 billion baht for the economy each year, he said, citing estimates from the Kasikorn Research Centre.
       He insisted the maids were fully entitled to better legal protection and welfare.
       He said they were largely underpaid,face gruelling working conditions and,in some cases, suffer sexual harassment at the hands of their employers.
       Mr Sumet said maids' working conditions could be improved by amending laws related to the compensation and labour protection fund.
       Bundit Panwiset, head of the foreign labour advocate network, said the government should amend the 1998 Labour Protection Act to give helpers better legal protection and allow them to acquire labour skills training.
       Maids should have a safe and clean working environment, work no more than eight hours a day and no underage helpers could be hired, he said.
       Suchin Buakhao, a domestic helper for 10 years, said she worked 14 hours a day, seven days a week and was not paid whenever she took leave."The work is very tough," Ms Suchin said.
       "I have to serve not only the employer's house but also the house of his siblings. I wish I could have a day off."
       She earns 4,500 baht a month and buys most of her food and drinking water. Her employer gives her only rice to eat. When she is sick, she pays her own medical bills.
       A Tai Yai ethnic maid, who declined to be named, said she had to put up with sexual harassment.
       Her present employer pays her 2,500 baht a month. But she has no days off and gets abused when she asks for leave to see her relatives.

Puea Thai fails to halt budget debate

       House Speaker Chai Chidchob has refused to accept an application by Puea Thai Party lawmakers to delay the deliberation of the annual budget bill proposed by the government.
       Puea Thai MP for Chaiyaphum Charoen Chankomol yesterday asked the speaker to postpone debate on the budget bill because a special House committee did not present details of changes it had made, in which the 2010 budget was to be cut by 22 billion baht to 1.7 trillion baht.
       Mr Charoen said the House could not scrutinise the changes without the details.
       He also questioned the transparency of the changes which the committee had made.
       But the speaker argued that a report on the changes might not be necessary because the special House committee was made up of MPs from both government and opposition parties.
       Yesterday the Puea Thai Party also threatened to seek a Constitution Court ruling on the constitutionality of holding the debate.
       MP Surapong Towijakchaikul said the committee's failure to present details of its changes could be in violation of Article 167 of the constitution.
       Mr Surapong said the opposition would seek a ruling from the court.
       Two days have been set aside for the 2010 budget bill debate, which started yesterday.
       The vote on the bill was set for today but delays have forced the vote to be postponed until next week.
       Deputy Prime Minister Suthep Thaugsuban said he was sure the government would have the bill passed.He brushed aside reports that six ministers from the coalition Bhumjaithai Party would abstain from voting.
       The ministers claim they feared their votes could be ruled unconstitutional because they might have a conflict o f interest.
       Mr Suthep said even if they did not vote, the government would still have enough votes to have the bill passed.

City goes into lockdown

       Dusit Palace, Government House and parliament are being placed under security lockdown and kept clear of street protests when red shirts hold their mass rally on Sunday, a military source says.
       No gatherings would be allowed in the three locations where about 3,500 troops and 1,950 police would be deployed to maintain law and order, the source said.
       The measures, which were discussed yesterday at the meeting of the Defence Council, would be proposed at today's meeting of the Internal Security Operations Command .
       The council called the meeting to prepare for Sunday's rally by the proThaksin United Front for Democracy against Dictatorship and make security preparations after the government decided to invoke the Internal Security Act in Dusit district from tomorrow until Tuesday to handle the protest.
       The Isoc meeting, chaired by Prime Minister Abhisit Vejjajiva, was expected to propose a number of security measures to deal with the red shirt rally.
       The invoking of the security act was to allow security authorities to take necessary steps to prevent violence.
       "The law is there to facilitate the authorities' work," Defence Minister Prawit Wongsuwon said.
       "It is not to bully anyone. It is to tell the red shirt protesters that we have a law to keep the rally under control."
       Gen Prawit said the Isoc would decide today which locations would be declared security restricted and off limits to protesters.
       Defence spokesman Thanatip Sawangsaeng said the enforcement of the internal security law would not infringe on the rights of the public,which are protected by Article 63 of the constitution.
       He said the Isoc would also explain to the public the need to enforce the security law.
       "There is a need to prevent 'a third hand' from exploiting the situation,"Col Thanatip said."Strict enforcement of related laws, especially on carrying weapons, can be expected."
       Mr Abhisit yesterday sought to assure businessmen at a forum that the use of the internal security law would not damage the investment atmosphere or tourism.
       He said the law was to ensure there would be no repetition of the Songkran mayhem. The legislation's effectiveness was proved at the Association of Southeast Asian Nations meeting in Phuket last month.
       Metropolitan police chief Worapong Chiwpreecha yesterday warned that some UDD leaders had been released on bail and had commitments to comply with.
       "The bail conditions still exist and are legally binding," he said, referring to the charges pressed against UDD leaders in connection with the Songkran violence.
       The Metropolitan Police Bureau estimates Sunday's rally to draw about 30,000 people and end about midnight.
       National police chief Patcharawat Wongsuwon has been asked by the prime minister to hold talks with UDD leaders to ensure the protest was peaceful and orderly.
       "We have to be positive about the talks," Pol Gen Patcharawat said.
       "I do not believe Thai people want to see untoward incidents."
       PM's Office Minister Sathit Wongnongtoey yesterday invited the broadcast media to a briefing ahead of the red shirt rally.
       The minister said he would not ban the media from covering the rally but urged them to be careful with their reports and double-check the facts.
       "Some [radio] programmes have phone-in sessions, so I ask them to be discreet," Mr Sathit said.
       "Some people may call and claim there has been a shooting."

PROPERTY TAX TO CABINET NEXT MONTH

       The Finance Ministry's Fiscal Policy Office will propose the property-tax law to the Cabinet again next month, after consideration was postponed this week.
       The office's director-general Somchai Sujjapongse, at a seminar organised yesterday by the Thai Real Estate Association, Thai Condominium Association and Business Housing Association, said the law would help boost the income of provincial offices and that they could use it to develop communities.
       Earlier, up to 80 per cent of community development funds came from the government, and only 20 per cent was covered by local administration revenue.
       Meanwhile, he said, the government could use the law to manage land across the country, especially in cases where landlords own large tracts but refuse to do anything with them. Once the law is put in effect, most landlords will be forced to use their plots for farming or setting up businesses, he added.
       Currently, at least 10 per cent of the population holds 100 rai each, while the remaining hold an average of 1 rai per person. Should the law go into effect, it would increase the tax burden on people holding large plots, so they will either be forced to reduce their property or use it to generate income, Somchai said.
       According to the office, the property tax proposed will be divided into three levels. Tax for agricultural land will be no more than 0.05 per cent, that for residences 0.1 per cent and that for commercial land 0.5 per cent. But tax for undeveloped land will be 0.5 per cent for the first year, 1 per cent in the second year and will then be increased by an additional 1 percentage point every year.
       Once the law is passed, the government will have to evaluate the 30 million individually owned plots across the country within two years.
       So far, the Finance Ministry's Treasury Department has only evaluated 6 million plots.

BANGKOKIANS BACK ISA ENFORCEMENT

       Nearly 80 per cent of Bangkokians supported the government's plan to impose the internal security law in Dusit district during this weekend when pro-Thaksin protesters planned to rally against the Abhisit government, according to Suan Dusit poll.
       The poll was conducted on 1,078 Bangkok residents Tuesday and Wednesday.
       The poll revealed 76 per cent supported the Cabinet's imposition of the Internal Security Act, saying the measures would prevent possible acts of incitement to violence and protect Government House and other government offices in the area as well as maintain law and order during the red-shirt rally.
       Around 15 per cent felt indifferent to the law, hoping chaos might not occur, so that imposing the ISA was overreaction on the government's part.
       Meanwhile, 9 per cent of respondents disagreed with the enforcement, saying that the red shirts have the right to stage a peaceful protest and that the heavy duty security may incite them and create tension.
       Some 29 per cent thought that the security officers should negotiate and compromise with the protesters to was the proper means to solve the tension while 23 per cent would apply law and order to deal with the demonstration and the situation.
       Meanwhile, nearly 9 per cent would allow the police to take action, control and monitor the gathering without intervention.
       Nearly 8 per cent would give rights and freedoms to people to stage a protest under the law.