~Meaw & More~

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Reactive blogger (~and more~)

Nationalism Alert

The opposing opinions expressed that the interpretion of the “people” covers “Thai nationals.” When talking to the public “people” or the “the people” means “Thai population “— or the people residing in Thailand.

… If the Constitution was drafted to promote national unity, it should extend the protection to Thai population rather than “Thai nationals.

I felt the memberof the Constitution Drafting Committee failed to envision the ethnic tension within the state in the three Southern Provinces.

They also failed to realized that their ideas would make the new Constitution tarnished with nationalism that would contribute to intra state ethnic tension.

If you can read Thai, please give Archan Well’s bloga look on her faithful analysis of nationalism and exclusionism in the constituion. Now this is something totally stary far far away from waht had beem enshrined in the  BE ‘ 40. Version. The draft said “ ประชาชนชาวไทยไม่ว่าเหล่ากำเนิดเพศ ศาสนา ย่อมอยู่ในความคุ้มครองรัฐธรรมนูญโดยเสมอกัน ” My Trnslation: “All Thais, regardless of  [place] of birth, gender and religion, shall be equally protected under the constitution.”Many people in the Drafting Team are arguing what are “Thais.” However, it is likely that the interpretion will adopt the narrower meaning (e.g. based on nationality, thus “Thais”  may only cover Thai nationals.)

The narrower interpretion that people who are entitled to protection under the constitution should only be Thai citizen (narrow meaning of citizen as national+ legal residences) or Thai nationals could endanger the universality of law. It is understandable that people who could have certain protection should “contribute,” through taxation to the country either directly or indirectly. However People who are in Thailand, are not nationals and pay direct or indirect tax do exist such as migrant workers and stateless. Stateless people do pay taxes and they nedd tax receit as one of core evidences to apply for Thai nationality of residency.

They will be held accountable of they murder someone or if they commit a crime. nevertheless, the proposal of the “Thai people” in the new draft constituition excludes these group of people from being included in fundamental rights and responsibilities.

Fundamental assumption of the people who have been drafting a constitution for us is clear, help Thais first then help the others. Probably the other do not what to be helped or rescued, they may only need fundamental guarantee (even in writing) that they are included in the right protection scheme of the country where they live for now– because they are beyond any protection of original states (which may not exist as an official state with capable governing and being governed under international law.)

then they have to deal with the classification of Thais. Who are Thais and who are not. Probably Rancier is right. That is the duty of state-machine.

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Filed under: Political Sciences, Security

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