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June 07, 2010

Why the red shirt protests had to be dispersed

By Jon Fernquest

"...a demonstration such as that which the red shirts had conducted over more than two months would not have been tolerated by any country in the world for more than one or two days...." - Key quote from today's article.

soldiers approach the barricadeOnce a conflict gets underway and gathers steam people soon lose sight of how the conflict originated in the first place and kept developing over time.

People have forgotten Thaksin's role in perpetuating the conflict (Read article on his role in recent events).

Taking a retrospective view on events, some have noted that the same people who protested together in 1992 are now enemies in the opposing red and yellow shirt camps (Read article #1 and #2).

Some more things to remember about the red shirt protests:

1. Protesters occupied and effectively shut down a whole central business district in Bangkok.
2. Protesters raided "TV stations, the Election Commission, parliament and other public offices, even including a well-known hospital"
3. Protesters poured possibly infected blood all over the outside of the Prime Minister's home.
4.  With the arrival of the protesters a "wave of violence" began "that spread through Bangkok and its surroundings."
5. The police were ineffective at controlling the situation so the military was brought in.

Others, of course, will point out that yellow shirt protesters held very similar protests a year or two ago and the military did not disperse their protesters and that this is a "double standard."

Yet others will point out that this pattern of urban-rural divide conflict (Bangkok vs. the provinces) has been going on for decades in Thailand (as well as China and other Asian countries) as Anek Laothammatas argued in his famous "Tale of two democracies" paper (Read explanation by Chang Noi).

And so argument goes on and on, perhaps without end. Only time will tell how it is resolved, but meanwhile the Thai economy is functioning again and people, including people from Isan who rely on Bangkok's economy are once again earning a livelihood to support their families.


 Today's article begins after the vocabulary below:

disperse - break up and remove a group that has gathered together in a place
disperse protesters -
break up and remove a group of protesters at a place
conflict -
when two sides are fighting over something ความขัดแย้, การต่อสู้
gathers steam - starts speeding up, going faster
gets underway - starts
loses sight - cannot see, forgets
originated - started
in the first place - at the beginning
perpetuating - keep something going (that would end naturally by itself)
retrospective view - looking back on something as history
opposing camps -
two sides that are fighting over something
wave of violence - a situation with many acts of violence, each creating new acts of violence, like an ocean wave gathering speed

Opinion
THAILAND

Is this govt violating human rights? Think again

3/06/2010
Arie Bloed, former professor of public international law

The propaganda war between fugitive former prime minister Thaksin Shinawatra and the present Democrat Party-led government continues with the announcement that Thaksin's legal team has contracted a war crimes (!) expert to investigate the recent events in Thailand

A soldier stands guard over a red shirt protester detained at a temple in Bangkok on May 21. 

rights - what the law allows you to have and do สิทธิ์ (See Wikipedia)
human rights -  rights and freedoms that all humans should get (See Wikipedia)
public international law - law on the structure and conduct of states and intergovernmental organizations, deals with issues such as global trade, armed conflict, the environment, human rights, international transportation and communication, combines the law of nations and international agreements and conventions (See Wikipedia)
propaganda - information that a political organisation publishes or broadcasts to influence the way the public thinks (often inaccurate)
fugitive - someone who has done something illegal and is trying to avoid being caught by the police ผู้หลบหนี
announcement - information given to public ประกาศ
contracted - became smaller, shrunk
war crimes - not conducting war according to the rules of war: "violations of the laws or customs of war"; including "murder, the ill-treatment or deportation of civilian residents of an occupied territory to slave labor camps", "the murder or ill-treatment of prisoners of war", the killing of hostages, "the wanton destruction of cities, towns and villages, and any devastation not justified by military, or civilian necessity" (See Wikipedia)
protester - someone who shows that they disagree with something by standing somewhere, shouting, carrying signs, etc ผู้ต่อต้าน, ผู้ประท้วง
detained - held in prison or jail (thus limiting freedom of movement and communication)

Along the same lines, the opposition Puea Thai Party continues accusing the government of serious violations of human rights when dispersing the red shirts. The government is making its contribution by accusing many red shirt leaders of "terrorism", apparently using the term in a very "liberal" way.

Did the present authorities violate human rights when they ordered the tightening of the "red zone" in the centre of Bangkok and did they violate human rights when dispersing the mobs.

opposition - political party not included the government (in the governing coalition) ฝ่ายค้าน ผู้ต่อต้าน
contribution - something that you do that helps to achieve something (here: contributing to keeping the argument going) ผลงาน,การช่วยเหลือ
terrorism - the use of violence to achieve political aims การใช้ความรุนแรงเพื่อข้อเรียกร้องทางการเมือง (Note: the noun "terrorism" has a strong meaning now after 9-11 and similar incidents, the verb "terrorize" simply means "to frighten people by threatening them or by using violence" - Source: Macmillan Dictionary)
apparently - based only on what you have heard or think, not on what you are certain is true; seemingly ตามที่ได้รู้มา
term - word (with special technical meaning)
liberal - very freely, without a lot of control or strictness
authorities - the police or government officials who have the legal power to make people obey laws or rules เจ้าหน้าที่ (ตำรวจ หรือผู้มีอำนาจ)
violate - to do something that is against a law, rule or agreement ฝ่าฝืนกฎหมาย

Many discussions are going on which - depending upon the party you belong to or the level of knowledge the discussants have - often end up with the conclusion that indeed human rights have been violated, which then is strongly denied by the authorities.

Actually it is striking to see how the term "human rights" often is being misused, as many people, including Puea Thai MPs, demonstrate a total lack of understanding about what human rights are. It is just used as a convenient slogan against each other, not hindered by much (if any) knowledge of the facts.

party - political party, 
discussants - people involved in a discussion
conclusion - something that you decide is true after considering all the evidence and thinking about it carefully การสรุป,บทสรุป
denied - said it was not true
striking - very noticeable เด่นชัด
misused - did not use in the way it should have been used
demonstrate (verb) - show how something works สาธิต
lack - does not have ขาดแคลน
convenient - easy to use
slogan - a short easily remembered phrase, especially one used to advertise an idea or a product สโลแกน
hindered - prevented from doing something

Let us look at the government actions aimed at dispersing the red shirts in April and May from the perspective of international human rights law.

The first thing to emphasise is that a demonstration such as that which the red shirts had conducted over more than two months would not have been tolerated by any country in the world for more than one or two days.

perspective - opinion, view on an issue, a way of thinking things (influenced by experience and beliefs) มุมมอง ทัศนะ
international - among or between countries ระหว่างประเทศ
emphasise - to stress something such as an idea, fact or detail; to explain why something is important เน้น
demonstration (noun) - showing something and explaining how it works การสาธิต

If demonstrators would exercise their "right to express their opinion" in this way in Washington, Paris or Berlin, the authorities would have ordered the dispersal of the crowd right away because of the disproportionate violation of the rights of others and the unacceptable level of disturbing public order.

From a legal point of view, such situations can be fully justified. Every government is there to govern and one of the key aspects of governance is maintaining public order so that all people can live their lives in peace.

demonstrators - people who march with other people in public to show that they support or oppose something ผู้ชุมนุมประท้วง
exercise their right - use their right
express opinion - say what you think about some issue that people disagree about
proportionate
(adjective) - reaction matches action ได้สัดส่วน
disproportionate - not proportionate
violation - the breaking of a rule or a law, an action that is against a law, agreement, principle, etc. การฝ่าฝืนกฎหมาย
unacceptable - strongly object to something, feel that it should not be allowed to continue
disturbing public order -
point of view - opinion, what a person thinks about an issue ความคิดเห็น
justified - have a good reason to do something, be right in doing something
key - important สำคัญ
governance - the way that a country, political unit, or company is managed and run
live their lives in peace - live life without threat of unpredictable violence and danger, without continual annoyances such as business and transportation closures and traffic jams

One may blame the authorities for not acting immediately against the red shirts after they occupied a very important business district in Bangkok. Allowing them to stay, in spite of the huge costs for the business community, is hard to explain to outsiders.

Allowing them to raid TV stations, the Election Commission, parliament and other public offices, even including a well-known hospital without being stopped by law enforcement bodies, is another aspect of the red shirt rallies that baffled the international community. Seeing how possibly infected blood was poured on the fence of the prime minister's home (where he was living with his wife and little children) in front of idly-watching police officers cannot be justified under any circumstances.

immediately - happening right away, after something else happens, with no delay ทันที
X in spite of Y - Y would make you think X would not happen, but X still happened
the business community - all the business owners in a city or area
outsiders - person not belonging to the group (who does not know what is going on in the group)
raid - to forcefully and suddenly enter a place 
enforcement - making sure a law is obeyed and punishing people if it is not obeyed บังคับใช้กฎหมาย
baffled - confused (could not understand what was going on)
aspect - one part of a situation, problem, subject, etc ด้าน,มุม
infected - having a disease transmitted from someone else ซึ่งติดเชื้อ
idly - doing nothing อย่างขี้เกียจ
officers - high ranking managers in a company (Photo on right of one of the first computers, the gigantic
circumstances - situation, conditions in which we live
under any circumstances - in any situation 

What all this means is that the government gave some latitude to the red shirt demonstrators to infringe on public order to an extent that would not be possible in any "normal" democratic society.

But does this mean that the government was violating the human rights of the red shirts.

Putting the question is answering it: frankly speaking the government went way beyond what can be considered reasonable respect for the human rights of the red shirts.

gave some latitude to - allowed freedom of action (not limiting or controlling)
infringe on public order -
means - methods; ways
means - methods; ways วิธี, วิธีการ
extent - size ขนาด
frankly speaking... - telling the truth (even if it makes you angry)
respect - to accept the importance of someone's rights or customs

When the authorities finally decided to act on "Black Saturday" in April, leading to a bloody clash and a humiliating defeat for the law enforcement bodies, the main mistake made was that the intelligence work had apparently been done poorly.

It is hard to believe how the authorities would not have been aware of the presence of armed groups among the demonstrators and be prepared accordingly.

clash - a fight or battle between two groups of people การต่อสู้ด้วยกำลัง, การปะทะ,  การปะทะกันสองฝ่าย
defeat - a loss in a competition, fight or battle ความพ่ายแ้พ้
humiliating - embarassing, makes one feel shame
law enforcement bodies - police (and other government organisations that perform police functions)
intelligence - information collected about the secret plans of an enemy, criminal organisations, competitors, etc. ข่าวกรอง ข้อมูลลับ
aware - knowing that something exists, or having knowledge or experience of a particular thing ทราบ
presence - when someone or something is in a place การอยู่ในสถานที่หนึ่ง (ของบุคคล)
armed - carrying a weapon ติดอาวุธ
demonstrators - protesters

But is that a violation of the rights of red shirt demonstrators.

After the increasingly aggressive and provocative infringements of public order by the red shirts, the government was fully justified in deciding to disperse the crowd and to stop the increasingly unacceptable public disorder.

aggressive - determined to win or succeed and using forceful action to achieve victory or success, 
aggressive - forceful, determined, and eager to succeed, done with great energy and intensity ซึ่งมีความมั่นใจสูง, ก้าวร้าว (See glossary)
provocative - causing an angry reaction, usually intentionally กวนโทสะ
infringements - violations, breaking rules, doing things you shouldn't do
disperse - to scatter or move away over a large area, ot to make something do this ทำให้กระจัดกระจาย, สลายฝูงชน
disorder - a situation in which people behave in a noisy or violent way in public, often as a protest against something ความวุ่นวาย
public disorder - when life in an area is dangerous with many inconveniences (as it has been in the far south of Thailand in Pattani and Yala for many years with unpredictable acts of violence)

The use of force and firearms is justified in such circumstances on the condition that it is being done legitimately and proportionally, which means to the minimum level required to achieve the legitimate aims. However, indiscriminate shooting into a crowd would not be acceptable under any circumstances.

force - strong and violent action กำลัง ความรุนแรง
condition - something that must be done before another thing can happen เงื่อนไข
legitimate - correct according to the law ที่ถูกต้องตามกฎหมาย
legitimate - reasonable and acceptable ถูกต้องสมควร

The use of live rounds in self-defence is not necessarily a violation of human rights. Actually under strict conditions this is allowed under the main UN documents which govern the use of force and firearms. The United Nations' "Basic Principles on the Use of Force and Firearms by Law Enforcement Officials" of 1990 are clear in that regard: "Law enforcement officials shall not use firearms against persons except in self-defence or defence of others against the imminent threat of death or serious injury, to prevent the perpetration of a particularly serious crime involving grave threat to life, to arrest a person presenting such a danger and resisting their authority, or to prevent his or her escape, and only when less extreme means are insufficient to achieve these objectives. In any event, intentional lethal use of firearms may only be made when strictly unavoidable in order to protect life." (Principle 9 of the BPUFF). 

live round - real ammunition used in guns that can kill people when fired from gun (not "blanks" or "rubber bullets")
self-defence - protecting yourself from attack, injury and damage
strict - very careful and exact เข้มงวด
strict conditions - rules that must be followed exactly, that are not flexible
firearms - guns
United Nations' "Basic Principles on the Use of Force and Firearms by Law Enforcement Officials" of 1990 (BPUFF) 
clear - easy to understand
in that regard - in what they say on that topic or subject 
imminent - likely or expected to happen soon ในไม่ช้า จวนเจียน จวนตัว, ซึ่งใกล้จะเกิดขึ้น
threat - a danger อันตราย
perpetration - the act of doing or carrying out a crime
grave - very serious; very dangerous วิกฤติ, ร้ายแรง
resisting - refusing to chang or give yourself over to authorities ต้านทาน
authority - power, official power to order people to do things, to make decisions อำนาจ
extreme - considered unreasonable by many people ที่สุดโต่ง
insufficient - not sufficient, not enough ไม่พอ
objectives - goals; aims; things that you plan to achieve จุดมุ่งหมาย
intentional - deliberate; done purposely, wanting to do something, not an accident
lethal - very dangerous and able to kill you เป็นอันตรายถึงชีวิต
strictly - in a very limited or limiting way; exactly or correctly
unavoidable - impossible to stop from happening หลีกเลี่ยงไม่ได้, อย่างเลี่ยงไม่ได้

Although in Thailand some people seem to think that any use of firearms against demonstrators is a violation of human rights, this is definitely not based on international law, also taking into account the circumstances in Bangkok in the past few months.

In Principle 14 of the BPUFF it is stated: "In the dispersal of violent assemblies, law enforcement officials may use firearms only when less dangerous means are not practicable and only to the minimum extent necessary. Law enforcement officials shall not use firearms in such cases, except under the conditions stipulated in Principle 9.

take into account - using or addressing some information or facts when reaching a decision or making an argument
circumstances - the situation
violent - involving the use of physical force, with the intention of causing damage to property or injury or death to people รุนแรง
assemblies - large groups of people
stipulated - say clearly that something must be done (in a contract) The pig farmer said he spoke for many who

So repeatedly it is stressed that the use of firearms has to be limited to the minimum extent, but if circumstances make the use of firearms unavoidable, it is legitimate and then there is definitely no violation of human rights, if the conditions are being properly taken into account.

stressed - emphasize, say that something is important
extent - the size of a situation or some effect (here: how much firearms are used in a situation)
minimum extent - the smallest  possible size
limited to the minimum extent - used as little as possible
circumstances - the situation or condition
unavoidable - could not avoid, was necessary

Further investigation of what exactly happened on Black Saturday will have to reveal whether any violations of human rights by the authorities have taken place. At first glance, there is no convincing proof (yet). One may have questions about the fact that apparently the military were allowed to use live rounds to shoot over the heads of demonstrators, as this doesn't seem to be logical: if the aim is to warn or intimidate demonstrators they also could have used the much less dangerous rubber bullets. However, the fact itself is not necessarily a violation of human rights.

investigation - the process of trying to find out all the details or facts about something in order to discover who or what caused it or how it happened การตรวจสอบหาข้อเท็จจริง
reveal - to show something that was  hidden เปิดเผย
convincing - makes you believe in something
proof - some fact or argument that shows the truth of something
aim - purpose; goal,the thing you hope to achieve by doing something  เป้าหมาย จุดมุ่งหมาย
intimidate - make people frightened to force them to do what you want
rubber - a material that can undergo elastic deformation under stress and return to its previous size without permanent deformation

Now the opposition is crying foul over the government's way of ending the red shirts demonstration last month and the Puea Thai Party happily tells the world that the government was grossly "violating human rights" in the dispersal of their red shirt friends. Is this correct? 

First of all, the government's decision to tie in the red shirts and confine them to the Ratchaprasong area is totally justified from the point of view of human rights. The enormous damage done to public order in Thailand by the red shirts offers enough justification for a decision to end the turmoil by legitimate means, including the use of force.

foul - extremely unpleasant น่ารังเกียจ
crying foul - complaining loudly that something bad has been done to you
grossly Y - Y done in an extreme manner, very very much Y
tie in, confine - keep them from leaving a small area
enormous - extremely large มหาศาล, ที่ใหญ่โตมโหฬาร
turmoil - disorder and chaos การจราจล, ความปั่นป่วน
by legitimate means - 1. doing in a way that does not break the law, 2. that is accepted by the public

The use of the armed forces may be less fortunate (as public order is a police duty), but can be justified in view of the apparent unwillingness of the police to do their duty. If one looks at it from the perspective of the high level of (verbal and physical) aggressiveness of the red shirts over the past few months, it's actually a miracle that not more people have died. 

less fortunate - decision or situation could have been better
duty - something that you have to do because it is part of your job, or something that you feel is the right thing to do หน้าที่, ความรับผิดชอบ
apparent - it looks like this is the way it was
unwillingness - do not want to do 
verbal - spoken, using words
physical - real things that can be touched and seen (not just an idea or legal right)
aggressiveness - angry and rude behaviour that shows you want to fight, attack, or argue
miracle - an extremely lucky even, would not normally expect to be possible

Overall the
first impression is that the armed forces have demonstrated a high level of professionalism in restoring public order in the city. The government's decision to allow the troops to use live bullets in self-defence is far-reaching indeed, but would be justified in case of reasonable suspicion that armed militants could be mingled with the red shirts (or even be part of them). There seem to be enough indications that the red shirts (or the mysterious "men in black" associated with them) indeed have been using weapons against the military and police which would be satisfactory justification for the order to use weapons, including the use of lethal force.

overall - looking at everything, at the whole situation
impression - an opinion or feeling that you have about someone or something ความรู้สึก, ความประทับใจ
impression - what you feel and think about a situation
first impression - the first thing you feel and think after looking at a situation
demonstrate - show
demonstrated a high level of professionalism - did their job with great skill (like highly trained professionals)
restoring public order - making a place safe once again
suspicion - a feeling that something bad is probably true ความสงสัย
mingled with - mixing with
militants - people who use violent or forceful methods to achieve something ผู้ใช้ความรุนแรงในการโจมตี
indications that Y - things that show that Y is the case, that Y is true
mysterious - not explained or understood; full of secrets ลึกลับ, น่าพิศวง, น่าประหลาด
satisfactory justification
lethal force - force that can kill (example: like firing at the head rather than the legs)

The wave of violence that spread through Bangkok and its surroundings during the months of red shirt protests is a clear indication of what could happen when dispersing the red crowd. However, indiscriminate shooting by the military into the red crowd would be a clear violation of human rights. The same holds true for disproportional use of force. If that can be proved, Puea Thai would have an argument for its allegations. Making sure that really independent investigative committees will be set up is, therefore, much more important than a continuation of mutual incriminations which unfortunately we are observing right now.

wave - an activity or situation which is happening again or is being repeated after a pause
violence - physical force wanting to cause injury, death and property damage ความรุนแรง
spread - to gradually cover and affect a larger area แพร่กระจายแพร่กระจายไปทั่ว, แพร่หลาย, แพร่กระจาย
surroundings - the area around something บริเวณโดยรอบ
protests - meetings, sometimes forceful or violent, or public statements by people who strongly disagree with something ชุมนุมประท้วง
indiscriminate - done without considering harm and damage (without planning or choosing well) 
disproportional use of force - reacting to some situation that requires force with more force than is necessary (example: shooting a person for shoplifting)
indication - a sign that something happened, is true or exists เครื่องบ่งชี้
argument - a reason or reasons why you support or oppose an idea or suggestion เหตุผล
allegations - accusations, claims not yet proven ข้อกล่าวหา
independent - free from outside influence, not taking help or money from other people พึ่งตนเอง, เป็นอิสระ
investigative - involving the process of trying to find out all the details or facts about something in order to discover who or what caused it or how it happened เกี่ยวกับการสืบสวน, เกี่ยวกับการตรวจสอบหาความจริง
mutual - between two or more people ร่วมกัน

Also the government could and should do much more and faster in the context of its accountability for the decision to authorise the use of live rounds by investigating the causes of the death of the many casualties and publishing the results. Now we even don't know the names of most people who sadly lost their lives. In order to avoid any misunderstanding I want to stress that in this article I only focused on the government's actions to disperse the red shirts, which means that I did not deal with other factors, such as the raging censorship to which apparently even Puea Thai parliamentarians fell victim to.

in the context of  - in the general situation in which some event happens (which helps explain the event)
accountability - being responsible for an activity and able to explain and justify it ความน่าเชื่อถือ
authorise - to give official permission for something to happen, or to give someone official permission to do something รับรองตามกฎหมาย ให้อนุญาต
casualties - deaths and injuries ผู้บาดเจ็บ เสียชีวิต
results - what is produced in the end by an activity or task
stress - to emphasise something; to say that something is important,  to state something strongly เน้นย้ำ
factors - one of the things that effects a situation or event ปัจจัย
censorship - when the government officially examines and cut out things from writing before it is released to the public การตรวจสอบสื่อต่างๆ เพื่อตัดส่วนที่ไม่เหมาะสมออก,
victim - someone who suffers or is injured as a result of another's actions เหยื่อผู้เคราะห์ร้าย
fall victim to Y - be negatively affected by Y

The author is a former professor of public international law, and an expert on law enforcement and human rights

(Source: Bangkok Post, Is this govt violating human rights? Think again, 3/06/2010, Arie Bloed, link)


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