A group of 20 MPs from the Pheu Thai Party has withdrawn a proposed bill to amend the Defense Ministry Administration Act, following intense opposition from the military and pro-military political factions of the ruling coalition, including the Bhumjaithai, United Thai Nation, and opposition Palang Pracharath parties.
The backtracking has not only discredited the ruling Pheu Thai but also has raised doubts among the public on whether the government has the political will to reform the armed forces.
The party’s MP, Prayuth Siripanich, who led the group to sponsor the bill, made his final decision on December 12 after many key members of the ruling party refused to give him full support to move forward with the draft bill for consideration by the House of Representatives.
The draft was under a public hearing process, which will end on January 1, 2025. Prayuth said that he had identified at least 22 flaws in the draft, which he clarified was not originally his work.
He pledged to resubmit the bill after improving and refining it.
“I want to reform the military through legislation. I believe that in a democratic system like Thailand, there is a house where the legislative, executive and judiciary branches reside. If I were to build a fence around it, it wouldn’t hurt, but it wouldn’t be 100% effective in preventing thieves from breaking into the house. However, if the people take on the role of guards to protect that fence, like in South Korea, the sanctity of the law will immediately come to fruition,” Prayut told a press conference.
He referred to the recent incident in South Korea where parliament had the authority to overturn the martial law declared by the country’s president to use the military to consolidate power.
Prime Minister Paetongtarn Shinawatra seems content to stay away from any move by MPs to reduce the power of the armed forces.
“We must make our stance clear today, in this year, that the government has no intention of interfering with the military. As for actions that benefit the nation, we must collaborate in thinking and working together,” she said.
Military autonomy
Effective in 2008, authorized the military-dominated Defense Council over a civilian government to dictate policies on security and military affairs, the defense budget, annual reshuffles, and troop mobilization.
Prayuth proposed amendments that would empower the prime minister and the Cabinet, rather than only the military-dominant panel to oversee military affairs and reshuffle. He wanted the Cabinet, rather than only an eight-member military board — sometimes known as the super board — as at present, to reshuffle officers of the rank of generals.
Under the current act, members of the super board comprise the defense minister, deputy defense minister, the supreme commander, the commanders of the army, navy and air force, the defense ministry’s permanent secretary, and chief of personnel office.
Defense Minister Phumtham Wechayachai is the sole government representative on the board as his deputy, General Nattapon Nakpanich, who took the position under a quota allocated to former prime minister Prayut Chan-o-cha likely acts on behalf of the armed forces, not the Cabinet.
“This [current arrangement] has led to the appointment of generals being influenced by the practice of placing individuals within the military who are close associates of the commanders of the armed forces, ensuring their succession to those positions,” the draft said.
“This creates unfairness for officers with knowledge and capabilities who are not part of the commanders' inner circle, depriving them of opportunities for career advancement. Moreover, it undermines the transparency of the appointment process for generals.”
Coup prevention?
The draft bill allows troops to shun unjust instructions, such as to stage a military coup, by their superiors. The PM with Cabinet approval could suspend any officers suspected of plotting a coup to seize power, according to the draft.
In the past, it has been found that high-ranking military officers have misused military personnel in ways that violated the Constitution and the law, including for their benefit. Therefore, clear legal prohibitions on the use of military forces should be established, it said.
“If violations occur, the prime minister, with the approval of the Cabinet, should be granted the authority to temporarily suspend the duties of those involved pending investigation. This suspension should not require adherence to the standard procedures for ordering a leave of duty as prescribed by law,” the bill lays out on the authority of the PM.
Defense Minister Phumtham said only a law might not be able to prevent a coup. The Constitution as the supreme law has cited clearly that a military coup is an act of treason.
“In reality, the focus should be on finding ways to demonstrate to all parties the means to prevent coups, such as fostering a culture of accepting democracy and allowing it to develop continuously, similar to other countries,” he said. “Thai democracy has made considerable progress, but it requires time and ongoing processes for continuous development.”
When asked whether she might become the first Shinawatra family member to avoid a military coup, Prime Minister Paetongtarn responded with a simple smile. The government headed by her father Thaksin Shinawatra was ousted by a coup in 2006, and so was her aunt Yingluck Shinawatra's administration in 2014.
Contesting civilian control
Prayuth is not the first MP to propose a bill on reducing military power and installing civilian control in the governance. Last year, opposition People’s Party MP Tanadej Pengsuk sponsored a bill to amend the Ministry Administration Act, aimed at empowering the civilian minister and limiting the power and numbers on the Defense Council, effectively reducing it to a paper tiger.
Prayuth’s draft bill maintained the same power as the current defense council, but reduced its members from 26 to 15, adding more civilians, chaired by the prime minister. In comparison, Tanadej’s bill proposed only eight members to the powerless council acting like an advisory board of the more powerful defense minister.
Tanadej’s draft authorized the defense minister to reshuffle officers of the rank of general, following professional standards determined by each military branch.
The draft focused on hardware procurement, authorizing the defense ministry to lay out regulations for transparency emphasizing necessity, efficiency, technology transfer of such weapons acquisitions, and economic linkage to create job opportunities.
The Pheu Thai-led government under Srettha Thavisin had refused to support Tanadej’s draft, making it very difficult for the opposition People’s Party to get enough votes to pass the bill in the House of Representatives.
Military never runs out of power
During Srettha's administration, the Defense Council had proposed a draft bill to rewrite the 2008 Defense Ministry Administration Act last year to make bidding more efficient, aimed at strengthening military operations.
“For operations related to combat, war, suppression of rebellion, or during the proclamation of martial law, the Minister of Defense, with the approval of the Defense Council, shall have the authority to establish units, appoint military personnel, and define the duties and responsibilities of such units and personnel as deemed appropriate for the mission,” according to the draft.
Still, the military-drafted version emphasized the role of the military-dominant board in reshuffling senior officers of the rank of general with a little adjustment to have more criteria for the generals who were supposed to be promoted.
Last month, the Judge Advocate-General’s Department, a unit under the Defense Ministry’s jurisdiction, launched a public hearing for the draft, likely to be placed on the agenda of the House of Representatives soon. A source said the ruling Pheu Thai Party and the coalition parties tended to support the military-sponsored bill.
