Indonesia's shame
28
April 2015
This
was a day that will live long in infamy in Indonesia. Eight men were
executed tonight - shot by firing squad while tied to a wooden stake. All
were sentenced for drug related offences. One was Indonesian; the other
seven were foreigners.
The
execution of a Filipino woman was suspended at the last minute due to new
evidence arising in the Philippines.
Many have been waiting on death row for years.
The
United Nations is very clear on this issue - "Under international law, the
death penalty is regarded as an extreme form of punishment which, if it is
used at all, should only be imposed for the most serious crimes, that is,
those involving intentional killing, and only after a fair trial, among
other safeguards."
While the UN opposes the death penalty in all circumstances they recognise
that some nations still insist on its use and their position is pragmatic.
Ban Ki-Moon, who was one f may world leaders to plea today for clemency,
said "drug-related offences generally are not considered to fall under the
category of 'most serious crimes'," he said.
Executing a few drug mules who were young/stupid/duped/ or even simply
guilty as charged, after dubious legal processes is morally evil. It also
fails to solve the drug trafficking problem by failing to get at the real
criminals.
The role of the state needs to be to offer a chance at redemption not to
exact the ultimate retribution.
No one wass calling for the release of the nine (although the conviction of
the Filipino lady appears the weakest of all). People were calling for
clemency. For the chance of life. Albeit served behind bars.
The
Australian and French governments issued a joint statement together with the
European Union appealing for President Widodo to halt the planned execution.
The statement, reported in Fairfax Media via its Indonesian correspondent
Jewel Topsfield, says:
"The Government of Australia, France and the European Union appeal to
Indonesian President Joko Widodo to halt the planned execution. It is not
too late to change your mind.
It is our hope that Indonesia can show forgiveness to ten detainees.
Forgiveness and rehabilitation are fundamental to the Indonesian judicial
system as well as in our system.
In filing this petition, we ask Indonesia also reflect the impact on
Indonesia’s position in a globalized world and an international reputation.
We support Indonesia’s efforts to obtain forgiveness for its citizens
abroad. Stopping this execution will help those efforts.
We strongly support the UN Secretary General’s statement, in which he calls
upon Indonesia to refrain from carrying out executions and urge President
Widodo to urgently consider declaring a moratorium on the death penalty in
Indonesia.
We fully respect the sovereignty of Indonesia. But we are against the death
penalty in our country and abroad. The execution will not give deterrent
effect to drug trafficking or stop the other from becoming victims will
abuse drugs. To execute these prisoners now will not achieve anything."
Widido ignored every call for clemency. The executions went ahead. The
process is awful. For the families it must be a nightmare. There are few
greater displays of abuse of State power and regressive thinking than the
death penalty.
Rupert Abbott, Amnesty International’s research director for Southeast Asia
and the Pacific, said:
"These executions are utterly reprehensible – they were carried out with
complete disregard for internationally recognised safeguards on the use of
the death penalty.
President Joko Widodo should immediately abandon plans to carry out further
executions and impose a moratorium on the death penalty as a first step
towards abolition.
The death penalty is always a human rights violation, but there are a number
of factors that make today’s executions even more distressing.
Some of the prisoners were reportedly not provided access to competent
lawyers or interpreters during their arrest and initial trial, in violation
of their right to a fair trial which is recognised under international and
national law.
One of those executed today, Rodrigo Gularte, had been diagnosed with
paranoid schizophrenia, and international law clearly prohibits the use of
the death penalty against those with mental disabilities.
It’s also troubling that people convicted of drug trafficking have been
executed, even though this does not meet the threshold of ‘most serious
crimes’ for which the death penalty can be imposed under international law."
Indonesia's shame. And it will be interesting to see what action the
Australians in particular take now that two of their citizens have been
executed.
In
the meantime: RIP:
Andrew Chan
Myuran Sukumaran
Sylvester O. Nwolise
Okwudili Oyatanze
Raheem A. Salami
Martin Anderson
Rodrigo M. Gularte
Zainal Abidin
Thai police say more than 200 lèse majesté cases closed in 6 months
27
Aril 2015 Prachatai
The Thai police said on Friday that they have closed about 50 per cent of
more than 400 lèse majesté cases filed with them in the past six months.
Also, more than 25,000 websites were closed because of lèse majesté.
The police reported their six-month results at a press conference at the
Royal Thai Police Headquarters on Friday.
During the press conference, attended by about 100 civil servants,
entrepreneurs, and medical volunteers, the police said they have closed 239
of 443 lèse majesté cases in the past six months. There are 76 more cases
under the Department of Special Investigation (DSI) and the Attorney
General. 128 cases are currently under investigation.
The police added that they closed 25,069 websites disseminating lèse majesté
content.
They also said that they have continued to monitor online media for lèse
majesté content.
Since protecting the monarchy is the police's top priority, the police also
work hard to help raise the awareness of the Thai people to be loyal to the
monarchy. They also continue to follow and support several Royal Projects.
UAE residents warned against photographing aircraft
26
April 2015 From The National
(Don't shoot the messenger. I think this is insane in a city and a
country that spends vast sums promoting aviation - its airlines, airports
and supporting industries) as key to the growth of their economies. They
would be far better served creating an environment - viewing area etc) that
supports hobbyists rather than jailing them for taking a serious interest in
the very business that the UAE is promoting).
Airport authorities and plane spotting enthusiasts have cautioned against
taking photographs of aircraft in the UAE without permission, citing the
two-month imprisonment of three British hobbyists as a warning to others
planning a trip to the region.
“Any request to film or photograph aircraft from within or around the
airports has to follow a strict approval process before an individual or
group is granted access,” said a spokesman from Dubai Airports.
“Dubai International and Al Maktoum International at DWC are secure
environments with restricted access to ensure the safety and security of our
passengers, employees and stakeholders.”
The response from authorities comes after a judge from the state security
division of the Federal Supreme Court ordered the release of plane spotters
and British tourists Conrad Clitheroe, Gary Cooper along with their friend
and UAE resident Neil Munro.
Abu Dhabi International Airport also specifies on its website that
permission is required for photography and videography. It grants site
visits to certain areas of the airport after the required documentation and
reasons for filming are submitted to airport authorities.
Complying with local security laws and understanding that the hobby is not
recognised here as it is in the West was important, planespotters said.
“I’m glad they got their freedom and can reunite with their family but it’s
a lesson learnt to be cautious about local rules and not take photographs
without permission,” said UAE-based plane spotter Sam C, a hobbyist for 20
years.
“People believe that a military plane is off limits, but photography of a
commercial plane is all right, but the bottom line is we need permission.
Authorities may worry that an image could be used for surveillance, by
someone with bad intentions. So it’s a very tricky situation. I won’t risk
it if I don’t have permission. I will view planes and not take pictures.”
Taking photos in restricted areas such as embassies, palaces, airports,
security facilities can result in between one and three months in jail, or
fines up to Dh5,000, according to UAE law.
Some areas such as military buildings, palaces and courts have signs
prohibiting photography and police can ask people to stop taking pictures or
video in restricted areas without warning signs.
Dubai airport has been a popular site for plane spotters with details widely
available on the internet about rooftops and car parks that can be used as
vantage points. Spotters said they came to Dubai to watch rare planes from
more than 100 countries.
Hobbyists are warned on most websites that they may be subjected to security
checks with the possibility of Dubai police asking them to delete
photographs and Fujairah is described as a no-go area due to high
surveillance.
Enthusiasts appealed to UAE authorities not see them as a threat since they
usually photograph planes in flight.
“It would be very helpful for us to get something like a spotting permit
which we can show the officers if they check us,” said Julian Mittnacht, a
spotter from Germany who has travelled to several countries including the
Emirates for his hobby.
“We never take pictures of buildings or restricted areas in Dubai. Just the
planes in the air are our target. I’m happy the men were released. Every
single day in prison is one day too much.”
The British plane spotters were arrested on February 22 when Fujairah police
found them near the airport taking notes about the planes. The men pleaded
not guilty to taking photographs of planes at Fujairah airport but Judge
Falah Al Hajeri on Monday last week said the court had 72 pictures of an
airport that were presented as evidence.
The men were sentenced to two months’ imprisonment, but since they had
already spent two months in jail awaiting trial, their sentences had been
served.
Plane spotters share dramatic photographs of planes framed with a city
skyline. Others makes notes of registration numbers of aircraft and compile
logos and markings.
A baby-sitters’ charter
Thailand takes a big constitutional step backwards
25 April 2015 The
Economist
THE junta that has ruled Thailand since a coup last May says it will hand
back power only after it has healed political and social rifts that make
democracy unworkable. On April 26th its placemen in a “reform” committee are
due to finish debating the first full version of a planned new constitution
intended to do just that. The charter, supposedly inspired by Germany’s
electoral system, must receive royal assent by September if promised polls
are to take place by the middle of next year. But it will not heal
Thailand’s deep political wounds. Instead, it may well aggravate them.
Leaked on April 17th, a text of the charter confirmed rumours that had
already been circulating. Its first objective appears to be to neuter Pheu
Thai, a populist party hated by the establishment, but which has won every
election since 2001 under various guises. By beefing up a system of
proportional representation, the charter will make it difficult for any
party to win a parliamentary majority. It would thus force endless
coalitions between Pheu Thai and other parties—even its nemesis, the
pro-establishment Democrat Party. It would also allow for an unelected prime
minister, should no legislator earn enough support.
The constitution will probably also see the lower house pushed around by an
enlarged and more powerful senate. Not much more than one-third of the
senators will be elected, down from half at present (and only candidates
vetted by the establishment will be allowed to stand). Ten or so other
institutions will help to baby-sit the politicians, including a “National
Moral Assembly” which will punish those who act unethically, a catch-all
term that could be used against government critics. Three-quarters of the
120 seats in a new “National Reform Assembly” will be reserved for toadies
now serving in one of the junta’s various conclaves. Their job will be to
prevent any future government deviating from a legislative programme that
the generals are now laying down.
The planned constitution—Thailand’s 20th since 1932—marks a sharp retreat
from the liberal charter adopted in 1997, which had already been hobbled by
amendments made by another military government eight years ago. It will
allow the army to keep control until a royal succession after the ageing
king’s death, and probably for long after. One clause appears to limit more
explicitly the king’s ability to intervene in future bouts of political
unrest, perhaps for fear that the next monarch will prove soft on enemies of
the royalist establishment such as Thaksin Shinawatra, the fugitive former
prime minister who dominates Pheu Thai from exile.
A few months remain before the document becomes law. Optimists note that the
army has watered down some egregious early proposals in response to public
complaints. But only cosmetic changes are now likely. Hopes for a referendum
are also low. For all the talk of democracy, the army is growing more
autocratic as its difficulties mount: it lifted martial law on March 31st,
but replaced it with a decree that grants the coup-maker turned prime
minister, Prayuth Chan-ocha, even greater power. The officials penning the
new constitution say they hope it will guard against “parliamentary
Starry, starry night
A meditation on life above the clouds
Apr 25th 2015
The Economist
(For anyone who loves flying this is a gentle, thoughtful and thoroughly
enjoyable read).
Skyfaring: A Journey with a Pilot. By Mark Vanhoenacker. Chatto & Windus;
£16.99. To be published in America by Knopf in June.
How much does Mark Vanhoenacker love flying? Consider this, poor reader,
when next you are wedged into a middle seat between squalling child and
armrest hog, or ruing a battery just gone dead in the fourth hour of a
thrice-extended delay. When Mr Vanhoenacker was a young man, after
university and postgraduate study, he became a management consultant because
he judged it the profession that would let him spend most time on aeroplanes.
But even that proved insufficient, and after a few years he began training
to become a pilot. Today he flies a Boeing 747 for British Airways.
One might think that a commercial pilot would grow inured to the essential
strangeness of air travel: how people can step into a metal box outside
their flats, descend below street level and enter another metal box, this
one on wheels, that takes them to an airport, where they board yet another
metal box that will deliver them halfway round the world in the time it
takes to eat dinner, nap and watch two films. Many of Mr Vanhoenacker’s
former colleagues in management consulting probably fly from Boston to Tokyo
or London more often than they drive from Boston to, say, New Haven, which
is just two hours away on a well-travelled motorway. When Americans living
in Singapore fly home for Christmas, they travel more miles in one round
trip than generations of their ancestors did in their entire lives. Do this
often enough and you stop even noticing how unprecedented in human history
it is that you are doing it at all.
Mr Vanhoenacker, fortunately for his readers, has lost none of his sense of
wonder at the miracle of flight itself—those “hours in the high country,
when lightness is lent to us”. It suffuses “Skyfaring”, which is less a
memoir than an enthusiast’s meditation on the life of a pilot. Fittingly for
a meditation, very little happens in the book. Instead, it is a beautifully
observed collection of details, scenes, emotions and facts from the world
above the world that pilots inhabit.
That world revolves around “place lag”, the author’s nifty term for “the
inability of our deep old sense of place to keep up with our aeroplanes”.
This malady affects pilots more acutely than standard jet lag, because they
rarely stay in one place long enough to switch from their home time. Mr
Vanhoenacker warmly portrays that floating rootlessness—how a community
forms over dinners in Beijing, hikes in Cape Town and breakfasts in Los
Angeles. After returning home from South Africa he stands over his sink,
rinsing dust from his trainers and reminding himself that, “This is the red
of the soil under the South African tree, from the morning I saw the weavers
and their nests.” He must remind himself not only that he was just there,
but also which of his many brief “theres” this particular dust comes from.
At times the book’s lack of narrative propulsion palls a little. Beautifully
observed as they are, pages upon pages about clouds, fog and the vast
emptiness of the night sky can seem repetitive. What rescues it is Mr
Vanhoenacker’s attunement to wisps of sensual, rooted specificity, such as
the scents above different cities that waft into the cockpit—the “unique and
rich, faintly smoky” smell of Indian cities, the “snow-air mixes with salt”
of Boston or how flying over a river near his friend’s home in New England
reminds him of “the table they laid for me, and the grateful pilot who came
to their place…and felt no sort of lag, until it was time to fly away.”
Thai generals seek to entrench ‘father-knows-best’ government
23 April 2015
The Financial Times: Michael Peel in Bangkok
Politicians’ stock is pretty low in many parts of the world, but spare a
thought for prospective members of Thailand’s parliament.
Under a draft constitution now under consideration by the country’s military
rulers, a new National Moral Assembly could bar them from office if they
were held to be of bad character. Those who make it into parliament would
work under licence: they would be banned from passing laws that “establish
political popularity” that could prove “detrimental to national economic
[interests] or the public in the long run”.
These and other curbs on the power of elected representatives proposed in
this 315-article blueprint for the future of the southeast Asian country may
sound absurd.
But there is nothing comical about this attempt by the military junta and
its allies to entrench what one commentator brands “father-knows-best”
government. It is part of an expanding effort by the generals and their
placemen and women to reshape the country they seized in a coup in May last
year — whatever the social, political and economic costs.
The leaked document now being circulated is a product of the Constitutional
Drafting Committee, one of many bodies used by the junta to make its vision
of Thailand a reality. The draft has gone in the past week to the generals’
handpicked National Reform Council. It may or may not be put to a
referendum. Either way, the generals appear determined to enshrine it, or
something close to it, in law.
While the proposals have prompted measured criticisms from politicians on
all sides and from some analysts, the junta’s crackdown on protest and free
expression has stifled opposition and debate.
The draft proposes sweeping measures to entrench and enhance the powers of
bureaucrats, the military and political appointees, at the expense of the
big political parties. The senate, fully elected a decade ago, would reserve
only 77 of 200 seats to voters — and even these would be filled only by
vetted candidates. The prime minister would no longer need to be an elected
politician, while courts that have already trampled on voters’ wishes over
the past seven years by sacking three premiers and twice outlawing the most
popular political party would enjoy still greater sway.
Defenders of the new arrangements say they are essential to stopping the
conflict and corruption that have plagued the country for a decade and
placed an economic drag on this former regional dynamo.
Thailand’s old urban political establishment has been at war with Thaksin
Shinawatra, a plutocrat turned prime minister whose parties have won every
election since 2001 on the back of support from millions of rural voters.
The new constitution will help end “conflicts, disunity and undemocratic
fights”, General Lertrat Ratanavanich, a spokesman for the constitution
drafting committee, has insisted.
The draft constitution is part of an expanding effort by the generals and
their placemen and women to reshape the country they seized in a coup in May
last year — whatever the social, political and economic costs
But the junta has had much less to say about who will guard its
self-appointed guardians. While few non-partisan voices dispute that graft
flourished under Thaksin-allied governments, the pro-junta traditional elite
has had plenty of historic scandals of its own.
The military itself remains a black box, never held accountable for mass
killings of protesters or for procurement fiascos, such as the millions of
dollars paid to a British conman for fake bomb detectors.
There is no sign yet of the generals in Bangkok facing organised open
resistance or losing their grip on security. But, much as some more
authoritarian figures in Thailand’s establishment might wish it, their
country is not China — people have grown used to elections in which their
votes count. Some past Thai military rulers proved to have a sell-by date,
triggering street demonstrations when people felt they had become draconian
or too domineering.
The latest junta’s moralising style has a certain traction in a country
where people have grown sick of corruption and where, for good and ill,
longstanding hierarchies and institutions still hold significant sway. But
such an approach also has obvious limits in a modern and open state,
especially if the moralisers are shown not to be living up to their own
homilies.
The question now worrying moderates and democrats on all sides is: are the
2015 vintage of generals about to test their pet theories of social order to
destruction?
Time to play guess the EK results
22
April 2015
The
Emirates Group financial statements for 2014/2015 are expected on 7 May
2015.
So
the table shows a history of financial statements since the 31 March 2011
year end.
Europe cannot ignore the refugee plight
22
April 2014
Another boat filled with up to 950 people seeking refuge in Europe sank last
Sunday.
In
the first four months of this year 1,500 people have drowned while seeking
refuge in Europe. The Guardian reports that is at least 30 times higher than
the figure from the same time in 2014.
Amnesty
International UK director Kate Allen called for a Europe wide response to
the crisis, saying:
"How many more
will have to drown before EU governments, including the UK, wake up to
their responsibilities to save lives?
The Economist
wrote that: "“A refugee crisis is hard to cope with because its very
existence is a symptom of warfare, persecution or misrule. You cannot stop
the tide of refugees because, this side of Utopia, you cannot impose peace
upon Libya and Syria or wish good government on Eritrea and Somalia. You
cannot let everyone in, because refugees mingle with people in search of
prosperity—and states want to choose their economic migrants, not be
chosen by them. On the other hand you cannot keep everyone out, because,
after the crimes of the second world war, countries made solemn
undertakings never again to abandon innocent people to persecution and
conflict.”
It is easy to
forget that these are people no different from you and me, our families
and our friends. The Guardian cites “one survivor of a [migrant boat]
sinking off Malta [who] recounted spending several days clinging to a
buoyancy aid along with a teenage Egyptian whose hope was to pay for heart
medicine for his father. The youth drowned before they could be saved”.
Over recent years, millions of people have been forced to escape wars,
state collapse, political repression and economic desperation across the
Middle East and North Africa. The overwhelming majority have been
displaced within the region, but thousands have also sought safety and
refuge in Europe. Due to legal routes being systematically closed off,
many have resorted to crossing the Mediterranean in dangerously flimsy or
overloaded craft provided by people smugglers.
Following high
numbers of deaths, the Italian government put a search and rescue
operation in place at the end of 2013. “Operation Mare Nostrum” is thought
to have saved around 150,000 lives over the course of last year.
When Italy asked EU states for financial support for Mare Nostrum, UK Home
Secretary Theresa May reportedly “played a leading role” in the decision
to respond with pressure on Rome to scrap the scheme instead. “When there
were signs that the Italians were reluctant to wind down Mare Nostrum, May
[again demanded], along with others, that it be ended immediately”.
The arguments
against Mare Nostrum were, bizarrely, that saving people from drowning
represented a “pull factor” that encouraged more to attempt the crossing,
ignoring the horrific conditions that left migrants regarding the lethal
dangers of the sea as the least bad option available to them. The search
and rescue effort was thus brought to an end, despite warnings from
Amnesty International that this “would put the lives of thousands of
migrants and refugees at risk”.
But the numbers attempting the journey have not decreased because people
are being pushed, not pulled, with desperation forcing them to accept the
risks involved. All that has changed is that hundreds more are now dying,
as Amnesty and others predicted.
Targeting the
traffickers in Libya may temporarily reduce their activity in the
Mediterranean. But, like ticket touts, they will be replaced. Even an
effective clampdown, were it possible, would only move the problem down a
bit. Algeria, Morocco and Tunisia are already dealing with explosive
levels of youth unemployment.
The sub-Saharan migrants are determined. Before heading out to sea, they
have already crossed the Sahara – a journey that may kill more travellers
than the Mediterranean. West African migrants I have spoken to are not
fleeing poverty. They are in revolt: against injustice, indignity,
impunity and institutionalised corruption. Nor are they likely to be
benefit scroungers – the humiliation of depending on others is precisely
what they are leaving behind.
In the shorter
term reintroducing Mare Nostrum to save lives has to be done. The Italian
lead on this has been commendable. Targetting the traffickers to stop the
boats from leaving will help.
A proposal to
address this dilemma could include a rigorous verification/triage carried
out offshore, say in a transit camp, under joint EC/UNHCR auspices (at a
pre-agreed proximate location, for example, Tunisia), where fairly
distributed acceptance quotas would be committed in advance by EU member
countries and an incentive return package provided to those not meeting
pre-agreed refugee criteria based on international covenants.
This requires a
real commitment from across the EU. And it will not sit well with
anti-immigration voices in the UK and elsewhere.
But the real issue is Africa.
The longer term
issue is that the same politicians who, in the name of the taxpayer,
demand nit-picking levels of austerity at home are failing to challenge
the corrupt leaders whose citizens are fleeing. Aid worsens corruption,
and corruption in turn deters investment. Taxpayers should not tolerate
this either.
Africans need
not be fleeing the continent. The UK and other rich western countries have
given Africa £500bn in development aid for 50 years, but the continent has
become poorer, hungrier and angrier. This is because of four main reasons.
First, the UK’s current aid budget of 0.7% of GDP is no match for
population explosion, currently standing at 1 billion and rising by more
than 3% every year.
Second, corrupt politicians are siphoning much of the aid money and
spending what is left on weapons to harass their people and stay in power
indefinitely.
Third, and most important, just as the UK’s unemployment benefit is not
meant to make anyone rich but to keep them just alive; foreign aid too is
not designed to make African countries rich, just to fill the gap.
Finally, foreign aid has created unhealthy dependency cultures across
Africa, where governments expect the west to give them budget support
while western NGOs provide basic services – education, health, provision
of clean water and food.
The UK and its partners urgently need to assist Africa to trade itself out
of poverty. As a priority, efforts should include the removal of some of
the crippling trade barriers that stifle African agricultural exports. At
the same time, the UK should lead the rest of the world in helping Africa
to reduce population to a sustainable level. Without these measures,
African immigrants will keep fleeing from the vicious cycle of poverty,
wars, famine and diseases.
In the UK and in
Europe there must be a rethink of our attitude towards migrants. It is
about more than economics; we must recognise that we have a basic moral
duty to care about the plight of those trying to escape from violence,
persecution and war. Those who have died upon the sea are owed that.
What's Wrong with Thailand's New Constitution
21
April 2015
Bloomberg View
The
draft constitution presented in Thailand last week grants "everything that
every citizen ever felt the need to fight for," according to the
junta-appointed committee that wrote it. By diminishing the role of those
same citizens in government, however, it’s far more likely to prolong the
country's political stalemate.
Changes introduced in the new constitution are supposed to protect Thailand
from the kind of graft and populist excess blamed on its recent elected
leadership. Critics accuse former Prime Minister Thaksin Shinawatra of
presiding over a corrupt administration after his election in 2001, saying
he used handouts to his base in the poor but populous north and northeast to
maintain his hold on power. (Thaksin, who was convicted of corruption by a
military-appointed court after his ouster in 2006, has protested his
innocence.) Since he fled into exile, Thailand has been paralyzed by a
series of coups, short-lived governments (including one led by Thaksin’s
sister Yingluck), and street clashes between Thaksin supporters and
resentful urban and middle-class Thais.
To break this deadlock, the new constitution would weaken the clout of
elected politicians. A proportional voting system would encourage smaller
parties and coalition governments in the lower house of parliament, while
the upper house would be filled with a mix of candidates nominated by
committee or selected by professional groups, including one dominated by
former military figures. Under certain circumstances, the prime minister
could be appointed from outside parliament. Watchdog agencies perceived to
be tied to the establishment would get new powers. Thus, unelected elites
could mind the store, rather than ordinary voters -- thought to be too
susceptible to populist blandishments.
Such a system would hark back to Thailand's failed past. Earlier
constitutions also featured an appointed prime minister and senate, along
with a weak lower house. But the old system produced 25 coalition
governments from 1979 until Thaksin's election in 2001. And because many
ordinary Thais, voting that year under a liberalized constitution, saw their
circumstances improve under Thaksin, even the poor have grown used to the
idea that their votes matter. They can hardly be expected to again trust
their fates to a clique of "wise men" in Bangkok.
Nor is there any reason to believe that constitutional tweaks can eliminate
the main vices attributed to Thaksinite administrations. The junta has amply
demonstrated that unelected governments can resort to populist measures as
easily as any other, having disbursed billions in subsidies to mollify rice
farmers loyal to the previous government. Weak coalition governments would
face even more pressure to buy support.
Rampant corruption, meanwhile, did not begin with Thaksin's arrival and
won't end with his family’s exit from the political scene. Cutting back on
graft requires greater transparency, as well as watchdogs that are truly
independent. There’s little evidence the new constitution will promote
either.
Worse, returning power to the hands of a murky elite will only undercut the
government’s legitimacy and the confidence of long-term investors. The
economy has both immediate problems (household debt above 85 percent of
gross domestic product, flatlining exports) and structural challenges (it
needs to move beyond the low-end manufacturing that has powered its economy
since the 1980s). This will take more than increased spending on
infrastructure, as the junta has pledged. It calls for retraining workers
and overhauling the education system. Above all, investors need to see a
stable system of governance with clear checks and balances, and
participation from parties across the spectrum. Otherwise there’s little
guarantee that the next political crisis won't derail reform.
The solution isn’t to disempower politicians, as if they were some malign
species. Only voters can give government legitimacy. And the only true,
sustainable check on any future Thai government is the threat of being voted
out of power. The way for opposition parties to defeat Thaksin’s popular
electoral machine is to do the hard work of developing a national agenda and
appeal. Any constitution that tries to get around basic democracy will only
ensure that another one needs to be written in a few years.
Coming soon to Emirates
10
April 2015
A
private cabin in its A380s and new B777s. “We’re not following any other
airline, we had this plan a long time ago,” said Sheikh Majid Al Mualla,
divisional senior vice president Commercial Operations Centre for Emirates,
in reference to Etihad who introduced a similar First Class concept on board
its A380s. “It will be unique, it will be commercially driven, and will have
everything that is expected. We are in the final stages of introducing it,
and you will see it in the future.”
615
seat two class A380s - with 557 economy seats and just 58 in business. The
new two class A380 debuts to Copenhagen later this year.
Interesting to note in Al Mualla's interview that the message has changed a
bit on subsidies - it used to be argued that Emirates was given US$10
million of start up capital and nothing more but the tune has suddenly
changed with Al Mualla noting that "It is always the same thing, that we’re
subsidised. We’ve not been subsidised. It’s only the first year that we’ve
been subsidised for the start-up [$10m] and then for one-time [an
infrastructure investment of $88 million for two Boeing 727 aircraft and a
training building] and from then we’ve been paying back a dividend. We’ve
been successful,” says Al Mualla.
He
did not mention support of fuel-hedging losses!
It is
also Emirates 30th anniversary this year - it will be interesting to see
how, if at all, this is acknowledged.
Pilot Workload at Emirates Under Question
Airline’s policies pose a further challenge to the carrier
9
April 2015
Wall Street Journal - Rory Jones
Emirates Airline faces questions from regulators and staff over whether it
overworks pilots, adding to challenges for the carrier that include
criticism of its expansion abroad and discontent among cabin-crew staff.
According to current and former pilots, Emirates, the world’s largest
airline by international traffic, underreports time on duty to the aviation
regulator in the United Arab Emirates, meaning pilots at times exceed
daily-duty limits that exist to protect their health and the safety of
flights.
Ismail Al Balooshi, director of aviation safety affairs at the General Civil
Aviation Authority, the U.A.E.’s airline regulator, said in an interview he
would now investigate allegations that state-owned Emirates isn't fully
reporting pilot duty hours. He added, though, the airline is monitored
closely and there have been no significant complaints about safety,
including via an anonymous system for reporting such issues.
Concern over pilot health has elevated in the wake of the crash of
Germanwings Flight 9525. The plane’s co-pilot, Andreas Lubitz, had a history
of depression and appears to have deliberately crashed the jet into the
French Alps, killing himself and 149 others onboard. There is no indication
work stress contributed to Mr. Lubitz’s actions.
Emirates said in a statement responding to the allegations it never
compromises on safety and fully complies with its regulator’s mandates. The
state-owned carrier, which wouldn’t make executives available for this
article, also said it had a “proactive” fatigue-management procedure.
Emirates acknowledged discontent among its more than 3,700 pilots, though it
called those speaking out an unhappy “vocal minority.” It urged them to
engage with management, adding it had set up an open forum for pilots to
provide input.
Pilots and airlines in Europe and the U.S. often spar over duty hours as
airline managements seek greater flexibility in scheduling cockpit crew.
At Emirates, mandatory preflight briefings occur before the airline reports
the pilot as officially on-duty, according to current and former pilots who
asked not to be named because of the sensitivity of the issue. That policy
can sometimes lead to duty times being exceeded on daily return flights to
destinations in the Indian subcontinent, Africa and Europe, allowing
Emirates to operate those flights without extra staff, these pilots said.
Pilots also say Emirates routinely requires them to work into a period known
as “discretion,” a procedure that exceeds normal work hours. Regulators
allow such leeway in unforeseen circumstances such as delays and only if the
pilot deems duty time extension safe.
Emirates said discretion is a tool available for use on the day of
operations if the captain “assesses that it is safe to do so and provided it
is in accordance with state-approved regulations.”
Mr. Al Balooshi said reporting requirements for duty time should be “black
and white” and begin when a pilot is expected to report for work and finish
when his or her last flight taxies into the gate. Emirates said it abides by
state-approved flight-time limitations.
Emirates is deemed one of the safest carriers in the world, with a
seven-star rating by Airlineratings.com, a website that tracks and rates
safety. It has achieved that strong track record amid rapid growth. The
airline has increased the annual number of passengers it carries fourfold
over the past decade, to 44.5 million last year.
The pilot discord comes as Emirates already is battling criticism on
multiple fronts. U.S. and European rivals accuse the Persian Gulf carrier of
relying on market-distorting state subsidies to fuel its growth, a charge
Emirates denies.
At home, cabin-crew employees have voiced concerns over work conditions,
prompting the airline to hold a series of meetings with staff. It also
suspended a review process for cabin-crew staff that drew particular ire.
For years, U.S. and European pilots flocked to Dubai to seek cockpit jobs at
rapidly expanding Emirates as other airlines restructured and retrenched.
Emirates offers generous expatriate packages that include accommodation,
education and medical benefits. It flies some of the most modern jets,
including Boeing 777s and Airbus A380 superjumbos that are coveted
assignments.
But some pilots now are returning home to the U.S. and Europe as they view
overall benefits have diminished, while workload and their cost of living
have increased, according to pilots and recruitment firms. Emirates said it
was seeking to recruit around 500 pilots in the current financial year and
that it saw “little change” in turnover rates.
Emirates said its pilot pay is “among the highest and most competitive in
the industry.” Over the past seven years, salaries increased every year
except in 2009, when Dubai was hit hard during the global financial crisis,
the carrier said. Accommodation allowances have risen even when housing
costs in Dubai have fallen, it said.
A dozen current and former Emirates pilots and U.A.E. aviation officials,
who asked not to be named due to the sensitivity of the issue, said pilots
are flying more hours than before and are subjected to onerous procedures to
report sickness or fatigue, discouraging them from doing so. Safety
regulators rely heavily on pilot self-reporting of medical conditions that
might not be detected by annual medical screenings.
Adel Al Redha, chief operations officer at Emirates, who oversees pilots and
other staff, said in an email the airline was setting up an internal portal
for any operations personnel to air grievances with management. Given the
“expansion of the airline and the growth of employees,” Mr. Al Redha said in
the email dated April 2, viewed by The Wall Street Journal, “it is vital we
maintain close communication links.”
New (old) caddy for Thongchai Jaidee
5
April 2015
Thongchai Jaidee and caddie Clifford Picking have parted ways after a highly
successful spell, his handlers said yesterday. The 45-year-old Thai and the
English caddie started their partnership just two weeks before Thongchai won
the 2012 Wales Open, his fifth European Tour win and first on European soil.
Picking also carried Thongchai's bag when he won his sixth European Tour
title at the Nordea Masters in Sweden last June.
"They have decided to part company on mutual consent," one of Thongchai's
handlers from IMG said. During their partnership, Thongchai shot to a career
best 33rd in the world ranking last year.
Sadly
this just sounds like spin. Thongchai's handlers found Cliff a couple of
years ago when they realised that Thongcha really needed a caddy who new his
way around teh European Tour and the different courses. That they won two
tournaments in the toughest conditions was a testament to the success of
that partnership.
I
like Cliff; sensible down-to-earth guy. But Thailand is also a long way from
Cliff's UK home and the travel must have taken its toll.
Their last tournament was the WGC-Cadillac Championship where Thongchai
finished 69th in the 73-player field.
Thongchai, currently 43rd in the world, has reunited with his friend Phosom
Meephosom who worked with him early in his career.
The
three-time Asian Tour No.1 is now in his final preparation for his fourth
appearance next week's Masters.
He qualified for Augusta thanks to his top-50 place in the world ranking at
the end of last year. In his three attempts at the year's first major, the
Lop Buri native made the cut only once when he finished tied for 37th last
year.
Thunderbirds are Go - again
5
April 2015
Thunderbirds aired in the UK between 1964 and 1966 and repeated in 1992 and
2002. There were 32 episodes over two series, broadcast in 66 countries.
The show sparked a merchandising frenzy, with more than 3,000 Thunderbirds
products sold, so much so that December 1966 was labelled Thunderbirds
Christmas.
And now it is back - as a CGI remake of the adventures of the Tracy family
whose mission is to save the world through their secret organisation
International Rescue.
The original was fun; we were convinced that a 2ft-model of Thunderbird 2
was in fact 90-metres long; that small fires were towering infernos; and
that modest ripples were crashing waves. Camera tricks, incredibly fine
modeling, and real world physics ensured that – quite often – these effects
were incredibly convincing.
Thunderbirds are Go is different from the original, it has to be.No
chain-smoking and hard drinking puppets.
The
reviews of the new show are very mixed; critics seem to approve that the
show true to the spirit of the original.
Which
sort of misses the point; the show is aimed at 6 to 11 year old children;
not to 50 something children.
Sadly
the five boys all look a bit One Direction.
The Dubai money-making machine
From oil sales and Salik, to traffic fines and the Dubai Mall: The
incredible facts and figures behind Dubai’s multibillion-dirham economy.
By Peter Iantorno for
EdgarOnline
5th Apri 2015
At the start of 2015, the government of Dubai unveiled a public expenditure
plan that will see the emirate spend a jaw-dropping AED 41 billion – the
biggest public budget since before the global financial crisis.
At a time when oil prices are tumbling around the world and policymakers
across the GCC are being forced to reconsider their financial forecasts,
Dubai is able to splash out on an ambitious budget that will create an
estimated 2,530 jobs and operate with a predicted surplus of AED 3.6
billion.
How is this possible, we hear you ask? Let us introduce you to Dubai: the
money-making machine.
The first point to note about the 2015 budget is that oil accounts for only
4 per cent of it. Reflecting the global downturn in oil prices, the
government has decreased its dependence on oil from 9 per cent last year,
leaving the unpredictable oil market with comparatively little importance in
the grand scheme of things.
The slack left by the reduction in oil revenue is more than picked up by a
massive increase in charges for government services, which are set to
account for 74 per cent of the total budget – a giant leap of 22 per cent
from last year’s plan.
Also important is the big increase in tax revenue – thankfully not on us
residents, but in the form of customs and excise charges and the corporation
tax imposed on foreign banks, which will increase by 12 per cent this year,
comprising 21 per cent of the total budget.
With more than 2.35 million permanent residents in Dubai and some 1,413,150
vehicles registered in the emirate (according to Roads and Transport
Authority figures, as of December 2014), traffic congestion is an issue that
has dogged the city for a long time, as the number of cars increases by at
least 100,000 every year.
While heavy traffic might make it difficult for us to get to work in a
morning, one thing it does mean is money in the bank for the Dubai
government. Why? Well, aside from vehicle insurance and registration fees
for every single car, there’s also the small matter of Salik: toll gates
that earn millions every day.
The are six Salik toll gates in Dubai (Garhoud, Al Maktoum Bridge, Safa,
Barsha, Airport Tunnel and Mamzar), which cost AED 4 each time a driver goes
through them. There used to be a maximum daily charge of AED 24 per day, but
this was removed in 2013, leaving drivers who pass through multiple gates in
the same day liable to pay unlimited fees.
Let’s say that half of all the registered vehicles in Dubai pass through one
Salik gate per day (an extremely modest estimate). The total amounts to AED
2,826,300. Even using our pigeon maths skills, it’s safe to say there’s a
lot of money coming in every day from Salik alone.
And for those who don’t play by the rules, the windfall is even greater.
According to statistics revealed by Dubai’s Traffic Police earlier this
month, a single Emirati driver has so far amassed an incredible AED 280,000
in fines from a total of 477 traffic offences. And he’s just the start, as
the three worst violators have committed a whopping 1,022 offences between
them, clocking up massive fines.
Although there are no official statistics, the fines must run into to the
tens of millions, and, of course, none of these reckless drivers have been
banned, so the stream of fine money keeps on rolling in.
While Salik and traffic fines are massive earners, the real big bucks – and
massive figures – come from the jewell in Dubai’s crown: The Dubai Mall.
Last year an astounding 80 million visitors (almost 220,000 per day) visited
the mall, making it the world’s most popular tourist destination by far.
Making up around 5 per cent of the emirate’s GDP, the world’s biggest mall
dwarfed other tourist attractions around the globe, with New York’s Times
Square picking up less than half the amount of visitors (39.2 million)
during the same period.
And there’s no sign of let up, as The Dubai Mall’s Fashion Avenue is set to
undergo a massive expansion, with another 1 million square feet, including a
further 150 high-end brands set to be added to the salubrious area.
With the Dubai economy now going from strength to strength after recovering
from a massive setback in 2008, it seems that not even the tumbling oil
prices have the power to slow it down.
Will you just open the Door
4
April 2015
A
Dutch pilot wrote an article for a flight magazine voicing fears about
returning to a locked cockpit door weeks before a Germanwings flight crashed
into the French Alps.
Jan Cocheret, a Boeing 777 pilot for the Emirates airline, expressed
concerns about leaving a flight deck to go to the toilet and returning to
find his co-pilot had locked him out in a piece for the Dutch flying
magazine Piloot en Vliegtuig (Pilot and Plane).
The article is here.
The article was published two months before the Germanwings co-pilot Andreas
Lubitz apparently locked his captain out of the Airbus A320’s cockpit when
he went to the toilet and descended the plane, killing all 150 passengers
and crew on board.
In his piece, ‘Will you just open the door’, Mr Cocheret warned the security
measures introduced after the 9/11 terror attack to prevent hijackers taking
control of a plane could also be used against the aircraft’s captain, The
Telegraph reports.
The Daily Telegraph article is here.
He discussed the missing Malaysia Airlines flight MH370 and one theory that
one pilot took over when the other left the cockpit.
He wrote: “I seriously sometimes wonder who’s sitting next to me in the
cockpit. How can I be sure that I can trust him? Perhaps something terrible
has just happened in his life and he’s unable to overcome it.
“There indeed does exist a way to get back into the cockpit, but if the
person inside disables this option (the security code to get in), one could
do nothing but sit with the passengers and wait and see what happens.”
Mr Cocheret referenced his piece after the crash, writing on his Facebook
page: “Unfortunately, this terrible scenario has become reality.”
He said he chose to publish the article in a specialist magazine because he
was concerned it was a “sensitive” subject that he did not consider suitable
for the general public’s consumption.
German prosecutors said Lubitz, 27, was treated for suicidal tendencies
several years before obtaining his pilot’s licence. He also provided his
flight training school with medical documents demonstrating he had suffered
a “severe depressive episode” before resuming his training in 2009.
Germanwings said Lubitz had a valid medical certificate at the time of the
crash. Investigators searching Lubitz’s home found torn-up medical notes
showing he should have been on sick-leave on the day of the air disaster.
Germanwings confirmed it had not received the sick notes.
Etihad regional gets investment approval
3
April 2015
The
Etihad Airways 33% stake in regional air carrier Darwin Airline has received
approval from the swiss regulator after a sixteen month review.
In anticipation of the deal, in which Etihad bought a 33.3% share in Darwin
Airline in November 2013, Darwin rebranded itself Etihad Regional.
However, clearance from the Swiss Federal Office of Civil Aviation was
needed because under European Union law, which also applies to Switzerland
in this case, European airlines must be controlled by European companies. To
get around those limitations, Etihad had been buying up stakes in local
carriers such as Air Berlin, Alitalia and Darwin.
Under the decision reached on Thursday, Darwin has also been permitted to
carry out flights in Europe on behalf of Alitalia and Air Berlin, creating a
business model where it is less dependent on Etihad than originally
proposed. Yet Etihad basically controls the purse strings of each of these
carriers.
“This partnership will provide us the financial stability for the long-term
growth of our company, dispelling any market uncertainty,” Darwin Chief
Executive Maurizio Merlo said in a statement.
Darwin Airline, which is based in Lugano, canton Ticino, was founded in
2003. It was renamed Etihad Regional after the Abu Dhabi-based Etihad
Airways bought up a third of its shares. Etihad also owns 30% of Air Berlin
and runs cooperative flights with Air Serbia and Aer Lingus.
James
Hogan, president and CEO of Etihad, said the investment was in line with the
growing trend of consolidation in the airline industry, to ensure the
continuation of viable, reliable and stable air services, and to maximize
flight connectivity.
Hogan expressed disappointment that some opportunities for both carriers had
been diminished or lost because of the length of the regulatory review
process.
“Because of the time taken to approve this partnership, and intense
competition during this period, Etihad Regional has been forced to reduce or
withdraw services on a number of routes, which were launched on the
expectation that they would be supported by traffic flowing between the
Etihad Airways global network and the Etihad Regional network in Europe,”
Hogan said.
In
October of last year, Swiss International Air Lines invested CHF5 billion
into expanding its routes to compete with airlines such as Etihad, which it
saw as infringing on its home turf.
Etihad Regional axed its Lugano-Zurich, Zurich-Linz, Geneva-Toulouse and
Geneva-Nice routes from the start of February. There will also be
redundancies as a result of Darwin’s restructuring.
Easyjet also has a substantial operation based in Geneva.
VAT in the UAE is probably inevitable
2
April 2015
A
value-added tax (VAT) is being proposed across the Gulf states at between 3
percent and 5 percent.
A
date of implementation and the rate have not been finalised.
The framework is due to be submitted at a meeting of the GCC Ministers of
Finance and Economy in May.
The six Gulf Cooperation Council member states have been mulling the
introduction of VAT since 2007 to broaden their revenue base, with
negotiations happening jointly to avoid any one nation losing out in
competition with others in the region.
The recent sharp reduction in oil prices is thought to have lent a further
push to introduce the levy, given that most Gulf states are expected to
record budget deficits in the coming fiscal year and are reluctant to pare
back spending on infrastructure and social spending aimed at developing
their economies and improving the lives of citizens.
While the tax would ensure a reliable inflow of government revenues its
impact could be damaging.
Dubai
businessman Mishal Kanoo and deputy chairman of Kanoo Group, argues that
there are already “a hell of a lot of indirect taxes” and a VAT was
unnecessary and would hurt the wrong people.
“The ones that would be hurt by taxes would be what you consider middle
class, but the super-rich, a person worth a few billion… how is that going
to hurt them?” Kanoo told Arabian Business.
He also does not advocate the introduction of an income-scaled tax system.
The trouble with VAT is that it will hit the majority expat population
hardest - which is a problem in a country where you can never get the
benefits of citizenship or status. You are here only until you are no longer
required and then you head home.
But
it is inevitable! If they are sensible there will be a raft of exemptions
from VAT based around basic foodstuffs, education, welfare services etc.
Martial Law Plus
2
April 2015
English translation by iLaw of the new order replacing martial law in
Thailand. As you can see it is effectively martial law in all but name.
With a hat-tip to AFP's Jerome Taylor @jerometaylor on twitter.
STARTS:
Order Number 3/2558 (3/2015) of the Head of the NCPO on Maintaining Public
Order and National Security.
As the lifting of martial law throughout the Kingdom has now been adopted,
it is appropriate to install measures to deal with actions intended to
undermine or destroy peace and national security, violate notifications or
orders of the NCPO, or to commit offenses under the laws on firearms,
ammunition, explosives, fireworks and artificial weapons which threaten the
peace and security of the nation.
Therefore, the head of the NCPO sees it as necessary to prevent and suppress
such actions swiftly and effectively so as not to affect law-abiding
citizens and the well-being of the general public.
By virtue of Section 44 of the Interim Constitution of the Kingdom of
Thailand of 2014, the Head of the NCPO with the approval of the NCPO hereby
issues the following order:
Article 1. This order shall come into force from the date of its publication
in the Government Gazette.
Article 2. A "Peace Keeping Officer" refers to a military officer with the
rank of Lieutenant, or Midshipman or Pilot Officer or above, appointed by
the Head of the NCPO to act in accordance with this order.
An "Assistant Peace Keeping Officer" refers to a military officer of lower
rank than a Lieutenant, or Midshipman or Pilot Officer appointed by the Head
of the NCPO to act according to this order.
Article 3. Peacekeeping Officers shall act swiftly to prevent and suppress
acts which constitute the following offences:
(1) offenses against the King, the Queen, the Heir Apparent and the Regent
under Sections 107 to 112 of the Penal Code.
(2) offenses against the security of the state under Sections 113 to 118 of
the Penal Code.
(3) offenses under the laws on firearms, ammunition, explosives, fireworks
and artificial weapons, only in respect of firearms, ammunition and
explosives used in warfare.
(4) violations of announcements or orders of the NCPO or of the Head of the
NCPO.
Article 4. In acting according to Article 3, Peacekeeping Officers have the
following powers:
(1) To order any person to report to peacekeeping authorities, or to come to
give a deposition, or hand over any document or evidence relating to the
commission of an offense under Article 3.
(2) To arrest any person discovered committing an offense under Article 3,
and to hand over that person to an investigating officer for further
proceedings.
(3) To assist or support investigating officers in their duties or take part
directly in investigations of offences under Article 3, in which case
Peacekeeping Officers shall be deemed to be investigating officers as
defined in the Code of Criminal Procedure.
(4) To enter any residence or any place to carry out searches of the
premises, including searches of persons or of vehicles, when there is
sufficient reason to suspect that a person who has commited an offence under
Article 3 is hiding on the premises, or has kept property or evidence
relating to such an offence on the premises, and where a delay while
applying for the issuance of a search warrant might risk the abscondance of
the suspect or the removal or destruction of said property or evidence.
(5) To seize or freeze any assets discovered under (4).
(6) To carry out any other act as assigned by the National Council for Peace
and Order.
Article 5. In circumstances where it is necessary to swiftly remedy a
situation which threatens national security or public order, or to prevent
the situation from getting worse, Peacekeeping Officers are empowered to
issue orders prohibiting the propagation of any item of news or the sale or
distribution of any book or publication or material likely to cause public
alarm or which contains false information likely to cause public
misunderstanding to the detriment of national security or public order.
When issuing such orders, Peacekeeping Officers may attach conditions or
time frames for compliance to their orders.
In order to accomplish results in accordance with the first paragraph, the
Chief of the NCPO may set conditions or guidelines regarding the issuance of
such orders.
Article 6. For the purposes stipulated in Article 3, when there is some
evidence to suspect that an individual may have committed an offense under
Article 3, Peacekeeping Officers have the authority to summon that
individual to report to them for questioning or to give a deposition, and
while the questioning is uncompleted the individual may be detained for not
more than seven days. However, detention must be carried out on premises
other than police stations, detention facilities, or prisons, and the
detainee is not to be treated as an accused person.
When there are sufficient grounds to bring charges against such an
individual, either Peacekeeping Officers in their capacity as administrative
officials or police officers are to proceed according to the law.
Article 7. Assistant Peacekeeping Officers are to perform duties as ordered
or assigned to them by Peacekeeping Officers.
Article 8. In carrying out their duties under this order, Peacekeeping
Officers and Assistant Peacekeeping Officers are to be considered as
authorised officers under the Penal Code, and as administrative officers or
police officers under the Code of Criminal Procedure.
Article 9. Any person who contravenes or fails to comply with orders issued
by a Peacekeeping Officer or Assistant Peacekeeping Officer under Article 4
(1) or Article 5 or Article 6 shall be punished with imprisonment not
exceeding one year or a fine not exceeding twenty thousand baht, or both.
Article 10. Any person who resists or obstructs a Peacekeeping Officer or an
Assistant Peacekeeping Officer in the performance of his duties under this
order shall be punished with imprisonment not exceeding one year or a fine
not exceeding twenty thousand baht, or both.
Article 11. In the case of an individual detained under Article 6, paragraph
one for offenses under Article 3 (4), Peacekeeping Officers may allow the
release of that individual, with or without conditions.
Conditions for release under the first paragraph may be for the purpose of
securing compliance with Section 39 (2) to (5) of the Criminal Code, for
prohibiting the individual concerned from leaving the Kingdom except with
the permission of the Head of the NCPO or an authorized representative, or
for prohibiting the individual from carrying out financial transactions.
Any person who contravenes or fails to comply with conditions of release
shall be punished with imprisonment not exceeding one year or a fine not
exceeding twenty thousand baht, or both.
Article 12. Political gatherings of five or more persons shall be punished
with imprisonment not exceeding six months or a fine not exceeding ten
thousand Baht, or both, unless permission has been granted by the Head of
the NCPO. or an authorized representative.
Anyone who commits an offence under paragraph one who voluntarily agrees to
receive corrective training from Peacekeeping Officers for a period not
exceeding seven days may be released with or without the conditions
stipulated in Article 11 paragraph 2 at the discretion of Peacekeeping
Officers. The case will then be considered closed according to Section 37 of
the Code of Criminal Procedure as amended by the Criminal Code Amendment Act
(No. 16), 1986.
Any person who contravenes or fails to comply with conditions of release
shall be punished with imprisonment not exceeding six months, or a fine not
exceeding ten thousand Baht, or both.
Article 13. Actions under this order are not subject to the laws on
administrative procedures and the Law on the Establishment of the
Administrative Court and the Administrative Procedures Code.
Article 14. Peacekeeping Officers and Assistant Peacekeeping Officers who
act in good faith in accordance with this order, without bias or undue
severity shall be protected according to Article 17 of the Decree on Public
Administration in Emergency Situations 2005, without prejudice to the rights
of individuals to claim compensation from the government in accordance with
the laws governing liability of officers.
Issued on April 1 of the year 2558 (2015).
Gen. Prayuth Chan-ocha
Head of the National Council for Peace and Order.
Say hello to the AIIB
31
March 2015
The
new Chinese-led Asian Infrastructure Investment Bank (AIIB) has already
become something of a test of diplomatic clout between China and the United
States. The development bank is seen as a challenger to existing
institutions like the World Bank, the IMF and the Asian Development Bank.
Unable to increase its voice in the current institutions—China commands just
6.47% of the vote in the Asian Development Bank, 5.17% in the World Bank,
and 3.81% in the International Monetary Fund—China is now building its own
alternative. The bank is intended to make up for the gap in funding the
region needs—about $800 billion a year in infrastructure investment,
according to the Asian Development Bank. It is expected to launch later this
year.
So far over 40 countries have joined AIIB. The deadline for a founding
member expired yesterday. The United States and only one of its main allies,
Japan, remain absent from that list. The US and other critics question
whether the Beijing-led institution will uphold international standards of
transparency, debt sustainability, and environmental and social protections,
or just turn into an arm of Chinese foreign policy. Last week, Japan’s
finance minister said, “Unless [China] clarifies these matters, which are
not clear at all, Japan remains cautious.”
But as more countries join the bank, the more likely AIIB will have to
follow international standards, observers have noted, and the less likely
China will be able to use a multilateral institution to wield influence in
the region.
Even
Taiwan has sought to join the proposed development bank despite historical
animosity and a lack of formal diplomatic relations between the island and
China.
In a statement released late on Monday, Taiwan presidential office spokesman
Charles Chen said joining the AIIB will help Taiwan in its efforts at
regional economic integration and raise the possibility of joining other
multinational bodies.
It was not immediately known whether Beijing would accept Taiwan’s
application to join the AIIB.
The
bank is seen as a significant setback to U.S. efforts to extend its
influence in the Asia-Pacific region and balance China’s growing financial
clout and assertiveness. Which presumably was the intention!
Many of Washington’s allies, including Australia, South Korea, Britain,
France, Germany and Italy, have announced they would join the bank.
Operation Decisive Storm and the Expanding
Counter-Revolution
31 March 2015 Middle East Research and Information Project - by John M.
Willis
I found this to be a really useful explanation of the GCC bombing of
targets in Yemen. It is a battle against political and social change; with
deep financing and international acquiescence. For the people of Yemen it
must be devestating.
*************************************
On the night of March 25 one hundred Saudi warplanes bombed strategic
targets inside Yemen under the control of the Houthi rebels. A number of
countries—the other Gulf Cooperative Council (GCC) members minus Oman, as
well as Egypt, Jordan, Sudan, Morocco and Pakistan—joined the effort either
directly or in support capacities. Although the Houthis have been in control
of the Yemeni capital Sanaa and the central government since September 2014,
it was the flight of president ‘Abd Rabbu Mansour Hadi to Aden and the
subsequent Houthi attack on the southern city that constituted the breaking
point for Saudi Arabia and the GCC. Thus began what Riyadh has dubbed
Operation Decisive Storm (‘Asifat al-Hazm), a military assault that has
already caused considerable destruction in Sanaa and elsewhere, and incurred
dozens of casualties both military and civilian.
Saudi ambassador to the United States Adel al-Jubair described the air
campaign as defending the legitimate Yemeni government led by Hadi, who
replaced president ‘Ali ‘Abdallah Salih as part of GCC-brokered political
arrangement in 2011. Hadi’s government, Jubair contended, “has agreed to a
process that is supported by the international community, that is enshrined
in several United Nations Security Council resolutions that calls for all
Yemeni parties to take a certain path that would lead them from where they
were to a new state with a new constitution and elections and checks and
balances and so forth.” He referred to the Houthis as “spoilers” of this
process, who refused to “become legitimate players in Yemeni politics,” and
who will not be allowed to take over the country. Jubair’s remarks on the
legitimacy of the government were remarkable for several reasons, not least
of which was the absence of any mention of the Yemeni people.
The Houthis’ refusal to negotiate a political settlement in Riyadh has
indeed disrupted the kingdom’s attempt to revive the original and
problematic GCC initiative and National Dialogue Conference that was to
resolve Yemen’s deep political divisions. As Stacey Philbrick Yadav and
Sheila Carapico have argued, “given the GCC monarchies’ interest in
stability in the most restive quarter of the Arabian Peninsula, the
agreement contained a number of provisions to undermine populist demands for
a democratic transition.” It is no wonder then that the Houthis saw little
possibility of addressing their concerns in a Saudi-sponsored conference
that seemed to have as its goal the restoration of the political status quo.
Yet Operation Decisive Storm is not merely about Yemen’s internal politics.
It is emblematic of a broader political transformation—one that has both
historical parallels and is strikingly new. For many, the assault raises the
specter of a proxy war between Iran and Saudi Arabia, executed by a
coalition of Sunni states and Iran’s Shi‘i proxies. Indeed, the forces
aligned against the Houthis are Sunni-majority countries. As many analysts
have noted, however, sectarianism obfuscates the political context of the
Yemeni crisis rather than clarifying it. For those with longer historical
memories, this military campaign suggests a previous proxy war between Gamal
Abdel Nasser’s Egypt and Saudi Arabia, when both countries intervened in the
Yemeni civil war (1962-1967) to support the Yemeni republicans, on the one
hand, and the Yemeni monarchy, on the other. In that conflict, the Saudis
backed the deposed Zaydi imam while Egyptian troops fought on the side of
the “free officers.” Although the republican officers prevailed, Egypt
suffered a kind of defeat, and Saudi Arabia ultimately extended its hegemony
over what was then North Yemen.
A closer historical analogy might be the Iranian, Jordanian and British
intervention in Oman against the rebellion of the Marxist Popular Front for
the Liberation of Oman (PFLO) in the 1960s and 1970s. In that case an
alliance of conservative monarchies joined forces to support the Omani
sultanate against popular forces that had threatened to spread into the
greater Persian Gulf. While the Houthis in no way resemble the leftist PFLO
in ideology or revolutionary practice, the forces gathered against them have
a great deal in common. Namely, they are all part of a counter-revolutionary
front that has expanded beyond the GCC to include other authoritarian
regimes. While not all these countries share the Saudi and GCC paranoia
regarding Iran, they do, to varying degrees, fear the spread of ISIS or
popular democratic forces. To these regimes, the Houthis represent one of
many forces that threaten to undermine the regional order.
The coalition also shares a reliance on Saudi and GCC political and economic
support. In Egypt, Saudi Arabia, Kuwait and the UAE have supported the
regime of ‘Abd al-Fattah al-Sisi politically and financially since he
formalized power in 2014. Collectively, they provided Egypt with an
estimated $23 billion in grants, loans, petroleum products and investment in
2014 and a pledge for $12 billion more in 2015. Sudan’s president, Omar al-Bashir,
met with King Salman in October 2014 as part of a general rapprochement
between the two countries that led to an unspecified aid package from Saudi
Arabia. Both Jordan and Morocco were briefly in discussions to enter the GCC
as a part a post-Arab uprising defense strategy intended to ensure dynastic
stability in the face of increasing domestic opposition. Although they were
ultimately not invited to join, the two monarchies still enjoy the financial
support of GCC countries and share a similar commitment to combating the
influence of ISIS.
The role of Pakistan is slightly more complex. Beyond the long history of
military ties between the two countries, Prime Minister Nawaz Sharif owes
his political life to Saudi intervention. The kingdom gave him a comfortable
exile in 2000 and again in 2007 (including financing his establishment of a
steel mill in Jidda). Since Sharif’s election in 2013, the Saudis have
continued their support, most recently in April 2014 with an injection of
$1.5 billion in loans into the Pakistani economy to shore up its foreign
reserves. In return, the Pakistani military has actively supported the Gulf
monarchies: The recruitment of Pakistani mercenaries for Bahrain’s security
forces during the height of opposition demonstrations in 2011 was organized
by private security firms with close ties to the Pakistani military.
Despite Saudi or even US assertions to the contrary, Operation Decisive
Storm has nothing to do with supporting the legitimacy of a political
process in Yemen. Its goal is instead to maintain the continuity of
authoritarian governance in the region by actively repressing the forces
that threaten to undo the status quo. That this coalition has
indiscriminately lumped together ISIS, Iran and the popular democratic
movements of the Arab uprisings of 2011 should indicate both its broader
strategic goals and, equally, the dangers to positive political and social
change it represents.
Germanwings crash accident investigation
31
March 2015
Flight Global
Airline pilot organisations have expressed their shock at the Germanwings
Airbus A320 crash on 24 March – but also their distress that international
standards for investigation and the release of information are not being
followed.
The European Cockpit Association (ECA) says it accepts that the information
released suggests the co-pilot probably acted deliberately to destroy the
aircraft, but maintains that the failure to respect agreed accident
investigation protocols is damaging the process of investigation itself and
endangering aviation safety.
In France, a judicial prosecutor always works in parallel with air accident
investigators to assess evidence at a crash site. The expert accident
investigator – in this case the French BEA – is the junior partner in the
early stages of the task, and must await the judiciary’s assessment and
securing of the evidence. Lacking aviation expertise, the prosecutor’s sole
task is to determine who is to blame and whether criminal prosecution is
appropriate, while the BEA’s sole task is to determine the cause of the
crash so as to prevent a recurrence.
However, this mixing of roles is contrary to the International Civil
Aviation Organisation’s standards and recommended practices for accident
investigation set down in Annex 13 to the Chicago Convention.
In
the Germanwings case, as soon as the A320’s cockpit voice recorder had been
found and successfully downloaded, the prosecutor announced to the world’s
media – on camera, and in the presence of the BEA team – that the co-pilot
appeared to have deliberately flown the aircraft into the ground. In effect
prosecutor was saying that he was satisfied there was sufficient evidence to
bring a prosecution against the aircraft’s co-pilot.
But following the prosecutor's announcement, the ECA had this to say two
days after the accident: “European pilots are deeply disturbed by the latest
turn in the investigation of the tragic Germanwings flight 4U 9525 crash.
The reports of investigators and French prosecutors that this could be a
result of a deliberate attempt to destroy the aircraft are shocking and our
thoughts are with the victims and their relatives.”
The Association then voiced its concerns about the investigative process:
“We stress the need for unbiased, independent investigation into the factors
leading to this accident. The leaking of the CVR data is a serious breach of
fundamental and globally-accepted international accident investigation
rules… Given the level of pressure this leak has undoubtedly created, the
investigation team faces a serious distraction. The required lead of safety
investigators appears to have been displaced by prosecutorial
considerations. This is highly prejudicial, and an impediment to making
aviation safer with lessons from the tragedy.”
If the BEA alone had been left to release the information, it would have
provided established facts only – and not made any conclusions public at
this early stage, however obvious they might appear to be.
The A320 took off from Barcelona, Spain on 24 March at 10:00 local time for
flight 4U9525 to Düsseldorf, Germany, carrying 144 passengers and six crew.
At about the time the aircraft reached its 38,000ft cruise level the captain
left the flight deck, and very soon after that the aircraft began a
continuous but controlled descent to impact. On his return to the flight
deck the captain was unable to regain access to the cockpit.
Marseille air traffic control called the Germanwings flight several times,
but the co-pilot did not reply to any of the calls. The chief investigator
says the co-pilot manually initiated an autopilot-controlled descent, and
his breathing could be heard throughout. The rate of descent – about
4,000ft/min – would not be unusual for an expedited descent on a normal
flight.
The ECA states: “We understand that many facts point to one particular
theory for the cause of this event. Yet, many questions still remain
unanswered at this stage. A key priority for accident investigators – and
prosecutors – must be to gather and analyse thoroughly all data, including
the technical information about the flight.”
An example of the ECA’s concerns would be fact of the co-pilot’s breathing.
While the prosecutor implied that the breathing indicated the co-pilot was
alive during the descent, pilots have commented that some form of
incapacitation cannot be ruled out on that information alone.
As a result of the official prosecutorial assumption of the co-pilot’s
deliberate destructive action, the ECA argues that the understandable
worldwide media reaction has placed pressure on the BEA – and this has the
potential to influence the investigation.
Thoughts: Like it or not French law applies and the
prosecutor did his job. What happened became quickly clear. Why it happened
is still unknown. But even in deciding what happened the prosecutor ended a
great deal of speculation and t doing so provided some reassurance to
passengers that this was not a fault with the Airbus airliner.
UAE carriers tighten cockpit security after Germanwings crash
31 March 2015 The Gulf News
Airlines in the UAE have joined a global move to ramp up security on
commercial flights and tighten cockpit policies after a Germanwings plane
was deliberately crashed into the French Alps.
An Etihad Airways spokesperson said that they have reviewed their operating
procedures and will now ensure that two crew members will be present at the
cockpit on all its planes at all times.
Prosecutors in France believe that the co-pilot of Germanwings, Andreas
Lubitz, had locked himself alone in the flight deck when the captain went
for a short break and caused the plane to crash into the mountain in
southern France.
“We have reviewed our operating procedures and will continue to do so in the
light of the disturbing and tragic news from France,” an Etihad spokesperson
said in a statement sent to Gulf News.
“With immediate effect, Etihad Airways will ensure there are always two crew
members in the flight deck at all times on all flights. Safety is and always
will be Etihad Airways’ number one priority.”
The Germanwings tragedy that killed all 150 passengers on board had raised
questions about cockpit security. Audio recordings retrieved from the
ill-fated plane suggest that one of the pilots went outside the flight deck
moments before the crash and had trouble getting back in.
Several other airlines later announced they are ensuring that two pilots man
the cockpit at all times. Emirates Airlines has also joined the move, saying
they have just implemented a new operating policy “where there would always
be two crew members in the cockpit.”
“This is effective immediately. We are in the process of communicating this
new policy to our flight and cabin crew teams.”
See my comments below; this may appease the media and nervous
flyers but it is pretty useless.
Two people in the cockpit solves little
29
March 2015
Calling for a two-person requirement in the cockpit is certainly not the
answer to the GermanWings tragedy. At best it is the reaction of governing
bodies and airlines who want to appear to be "doing something" and to
appease the media.
A longer term response will need to address mental health issues in an
industry in which such issues are stigmatised.
According to the Aviation Safety Network, since September 11, 2001, only two
incidents of commercial flight suicide have been recorded. Considering that
more than 2.5 billion people flew between 2010 and 2014, that is a
lottery-winning low chance of encountering a similar tragedy.
The
ability for a mentally ill person to destroy themselves and a multitude of
innocent people is not reserved for the cockpit or indeed for an airliner. I
do not hear the same demand for two drivers on every bus.
The
new rules require cabin crew to "guard" the one pilot while the other goes
to the bathroom or just for a stretch of his or her legs for a few minutes.
But
there are no new rules for controlled rest. What happens 00000when one pilot
checks out for up to 40min (officially) replete with eye shades, ear plugs
and blanket. The other pilot is left to operate as a single crew and to do
whatever he likes. One swing with a crash axe (there is one in the cockpit)
while he sleeps and...well it does not bear thinking about and I am sure it
will never happen. But it is why the new rules are pointless.
The
avenues for dealing with mental health issues such as major depressive
disorder are limited. Airlines are addressing fatigue but mental health
still carries unjustified outcome anxiety. A pilot raising his or her hand
about mental health may mistakenly fear they will never be allowed to fly
again. The ability to fly is a livelihood; failing a medical is essentially
becoming unemployable.
There needs to be a way for pilots to take time out when they need to
recover from stress, trauma, exhaustion, health concerns so that they may
recover and fly again. We need to remove the fear of acknowledging the
issues that can be faced by anyone in any profession.
It is certain that we will all encounter mental health issues in our lives,
if not directly then through someone close to us. It's about time to
confront and manage mental health in the aviation industry.
Fatique issues and stress over working conditions all contribute to health
concerns - this Guardian article is thoughtful although the issue that it
raise extend beyond the LCCs and are very relevant to the ME airlines with
long flying hours and extensive night flying:
Alps tragedy exposes relentless pressures faced by commercial pilots