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Lessons from Cambodia and the way ahead- quest for peace and reconciliation

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Khieu Samphan (left) and Nuon Chea in the Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC). File photo. Photo: ECCC

Victims are Cambodians, the criminals are Cambodians, and the crimes were committed on Cambodian soil!

This was the justification given by the Cambodian Government under Hun Sen to establish the Cambodian Khmer Rouge Tribunal (KRT) formally known as the Extraordinary Chambers in the Courts of Cambodia (ECCC) – a hybrid Cambodian-International Court in conjunction with the International Community in 2006 under the Cambodian law to try leaders most responsible for perpetrating gross violations of human rights during the Pol Pot and Khmer Rouge period from 1975 to 1978. However, even before the establishment of the Tribunal, the members of the International Community in the panel was reduced in compliance with the request made by Cambodia at the UN General Assembly moreover with its implementation the Tribunal witnessed an increased political interference diluting the whole process. Thus the success of any such program will depend on the commitments and cooperation from the Government

Compromise made over justice for Peace and Reconciliation and its worth

With its 16 years of work in the country, the court is now coming to close with sentencing just three of the perpetrators for life imprisonment – despite the heavy investments made by external actors and of the struggles and the criticisms faced, as a result of adhering to the Cambodian Government’s request pointing to a renewed civil war within the country- destabilizing peace, economic growth, social order, and political stability, if the court moved ahead with its trials.

Thus, there was a dilemma on how to balance the prospective and retrospective justice, most importantly the Tribunal has been a setback to scholars of Transitional Justice, who believed to achieve through the TJ mechanism, a strengthened rule of law, democratic transition, and fair and transparent political institutions that victims can trust, instead, the court helped in legitimizing the authoritarian regime. The failure was more associated with the political compromise allowed to be made respecting the sovereignty, thereby allowing the government to choose how to deal with its violent past, while the critics point out “whether there had been a better option”.

However citing the Cambodian case study, questions have been raised against the scholars who preferred the ‘maximalist approach’ emphasizing the justice, on whether it had been possible and was practical to carry out the trials for all perpetrators or for the criminals who conducted the gravest crime, to stop the elite from securing impunity, strengthen the democracy or to serve as a model contributing to a strong independent judicial system. Critics also pointed out the heavy expenditure incurred, pointless testimonies and documentaries submitted as evidence, against victim’s testimony censorship, and on the accessibility of the court system to the poor. Debates also brought in the need to consider the time factor for retributive justice, pointing the consequences associated with the delay made in taking action (by the time court decided to sentence criminals for life long sentences, they were suffering from old age diseases, and even some of the victims were suffering from amnesia).

Cambodian Dilemma and questions raised against Transitional Justice

The Cambodian case brought in new dilemmas for retributive justice supporters with the ‘Karmic justice’ belief by the victims, pointing out how cultural barriers can affect the Westernized Transitional Justice mechanisms and asking to what extent does Transitional Justice appear as ‘savior’ for the victims of Khmer regime and against the TJ’s employing of particular tool-kit without understanding society and of expecting the local populations to fit into their prescribed template and finally against the voices that speak for or represent the victim’s demands. The whole idea of the hybrid court thus gets questioned with Cambodians different understanding of justice. This understanding has also questioned whether the justice had contributed to reconciliation (which some scholars consider as complementary strands of peace-building), through the reparations, forgiveness, and apologies for historical injustices made to repair the relationships between victims and perpetrators.

Different voices have been raised- some claiming reconciliation remains elusive with many of the members involved in the violence still serving in the Government, thus questioning the Government’s legitimacy and on the interest of the International actors to entrust them to carry out the TJ mechanism, and against the resistance of some International actors and the Government to dig into the past and on fixing the time frame for transitional justice actors to look into, critics also points out the emotionless and insincere apology made by the perpetrators which revictimized the victims and on giving amnesty to perpetrators purely on regimes interest and finally on classifying the perpetrators as poor thus not allowing the victims to claim reparation.

Way Ahead

However, on a positive note, this partial retributive justice, empowered the victims after receiving acknowledgment from the Government, besides it paved the way for the current Cambodian generation to understand their past and gave voice to the victims by allowing them to share their stories. Above all, it helped construct history about the forgotten and erased atrocities done by the Khmer regime from school curriculums and minds of the larger public and finally contributed to the rise of civil society organizations, and helped preserve the crime sites, pressured authorities to construct the museums and library, and in fixing a national commemoration day. All these efforts have helped prevent relapsing into violence to date, thus behind the criticisms, this genuine accomplishment shouldn’t be ignored. It is now important to not let all these efforts go in vain, to not be a passive observer for the marginalization and disempowerment of victims to take place, to not let the society have a faded or distorted version of history. The Memories must be kept alive through all generations, the sites, rituals, ceremonies, must be preserved. Most of all, the victims must be provided with platforms to express their traumatic experience and it must be ensured that the regime doesn’t engage in acts that hurt the sentiments of the victims and the dead must be honored. Thus a culture that respects human rights can help in achieving sustainable peace and reconciliation and gradually reduce the mistrust between the State and the victims and help in healing the past trauma and restore the dignity of the victims. 

Moreover, it must be made clear to the regime that this retributive justice is the only first step to achieve reconciliation. Through the civil society the local reconciliation, documentation of victim’s concerns, and peace-building efforts must be supported. At the same time, it should also be ensured that these efforts get acknowledged at the national level. Further, the underlying causes of the conflict must be studied in detail, and failures from Cambodia should be taken as a reference by Transitional Justice scholars. Most importantly the concentration must shift to root causes through critical ethnographic studies, understanding how the cultural barriers can affect the Transitional justice mechanism and by taking note of the immediate needs of the victims ( the economic, social, and cultural rights), thus gradually helping the victims to integrate into the mainstream society. Failure to do so can make society relapse into violence moreover criticisms will arise against the external actor’s intervention and interest to create a stable market society.

The author is a graduate student of International Studies from Christ University, Bangalore,having completed his under-graduation also in the same from the Central University of Kerala. Girisanker’s research interests lie in understanding the major criticisms, debates, dilemmas, and methods used in the field of Transitional Justice and on Peace and Conflict Studies. The author also holds considerable publications in the field of International Relations.

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Southeast Asia

The 2020 Myanmar Election and China: Push and Pull factor in ‘Paukphaw’ friendship

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National Democratic League (NLD), the ruling party of Myanmar under Daw Aung San Suu Kyi had a landslide victory in the election, which led the party to continue in power for another five years. While Myanmar still struggling with the civil war crisis and without any solution-oriented approach the crisis in Rohingya is nowhere near to end since the breakout of the severe crisis in 2017.

The pre-election and post-election international media coverage and scholarly discussion on Myanmar bring back the China factor in the Myanmar election and general China’s undeniable ties with Myanmar. It’s been argued that a vote for Aung San Suu Kyi would mean the continuation of the unprecedented expansion of China in the country and a vote for multi-ethnic parties would mean resistance to China-backed infrastructure and other projects.

While the backlashes against China among multi-ethnic parties and towards China-led infrastructure projects are omnipresent in Myanmar, however, China has not loosed its heart to engage in the Myanmar peace process. It is also to be noted that China does not only have good relation with NLD but it also keeps its relationship with the military-backed Union Solidarity and Development Party (USDP). It also frequently engages itself in discussion with ethnic groups. What China likes to call itself is a “neutral player”. Thus, the election results would not have a significant impact on the China-Myanmar relationship.  

The irk of Western countries towards Myanmar, who initially supported Myanmar’s democratic transition only intensified with the 2020 election as the Myanmar election commission only allowed election in 8 townships in Rohingya state, and denied election in 9 other townships. A joint statement was issued under the leadership of the UK and the US regarding the inclusion of left out Rohingyas into the election along with urging Myanmar to be more serious regarding the global ceasefire and confidence-building steps that include lifting restrictions on access to health, education, and basic services, lifting restrictions on freedom of movement. China’s as under the principle of non-interference abstained from commenting on the exclusion of nine districts in Rohingya state from the election. Chinese government since 2017 has blocked draft resolutions at UNSC regarding international intervention in the crisis in Myanmar. China, however bilaterally posited itself as a mediator between Myanmar and Bangladesh on the repatriation of Rohingyas. A role, China now often seems to play in conflict-ridden countries, for example in the Afghan peace process China plays a similar mediator role.  

Myanmar’s foreign policy after 2015 and China

After the first democratic election in Myanmar in 2015, and NLD’s new manifesto was focused on upholding ‘an active and independent foreign policy’. Under the AngSyu Ki leadership, the foreign policy of Myanmar was considered to be hedging towards a neutralist foreign policy to work together for the benefit of the region on issues relating to regional organizations and programs. Another important pledge in Myanmar’s 2015 foreign policy manifesto was to “to identify and cooperate with other countries on joint economic enterprises of mutual benefit. In particular, to work together for the benefit of the region on issues relating to regional organizations and programs.” Which, as mentioned by Moe Thuzar of Singapore’s ISEAS-YusofIshak Institute is missing in the 2020 Manifesto. The reason for missing the important article from the 2020 manifesto could be Myanmar’s subtle attempt to balance China’s unprecedented presence in the region. As, it also aligns with some of the recent activities of other international actors in Myanmar. Such as high-level delegation visits by India, in October 2020, Myanmar’s growing interest in business engagement with Hong Kong, and eagerness to expand its economic co-operation with other Asian countries such as South Korea and Singapore. All this renewed interest within a span of two months from September to October 2020, before the election in Myanmar also could be an attempt to recover the focus in Myanmar’s democratic transition as opposed to growing clout over claiming Myanmar as an authoritarian regime, especially after 2017.

In terms of Myanmar’s policy towards China, Myanmar could not be seen as prey to China’s economic interest. As, even though the China-Myanmar Economic Corridor is kicking off, Myanmar is still apprehensive regarding embracing all of the Chinese lead projects. According to Irrawaddy times, from China’s originally proposed 40 projects, only nine projects were tentatively agreed to implement from both sides under China Myanmar Economic Corridor (CMEC).

AyungSyu Ki’s diplomatic shrewdness is evident in Myanmar’s China policy. The country despite using China as a shield to defend itself from international intervention, China has not completely able to unlock all economic leverages. China’s patience with Myanmar also relates to the fact of ensuring security in its border province. 

Yang Jiechi, the head of the Central Foreign Affairs Commission of the Chinese Communist Party’s short September visit to Myanmar was an indication that China does not take Myanmar for granted to materialize the economic projects, it has started in the country under the banner of BRI, Especially after the 2017 launch of China Myanmar Economic Corridor. Before NLD came into power in 2015, the anti-Chinese sentiments in Myanmar were more prominent, as it has led to President Thein Sein to halt the Myitsone Dam in 2011. Scholars have argued that Myanmar’s skepticism over Chinese led projects between 2011-2012 could be seen as a reaction to its proximity with the West, as Western sanctions were slowly lifted for a brief period (Ganesan, 2017). Thus, as the Western sanctions grew after 2017, Myanmar hedged towards China. Even though, Myanmar is always dubious about China’s economic diplomacy in Myanmar.

However, Myanmar does return the favor to China diplomatically by recognizing the ‘one-China principle’. Myanmar’s President U Win Myint during the visit of Chinese President Xi Jinping in January 2020, states Myanmar’s firm adherence to the One China principle, respects the “one country, two systems” policy China has implemented in Hong Kong and Macao and has always recognized Taiwan as an inalienable part of China’s territory. 

Myanmar is also one of the 53 countries that supported the Hong Kong National Security Law.

China’s multifaceted engagement in Myanmar

The question arises can Myanmar altogether keep China aside, especially from its peace process? As China’s border is at the stake, China is pretty much invested in Myanmar’s peace process. In the third Union Peace Conference, China played important role in pressurizing ethnic armed organizations (EAOs) to attend the peace conference. For China’s interest, the member of the Federal Political Negotiation and Consultative Committee (FNPCC) includes the Northern Alliance EAOs, which are known for attacking commercial interests in northern Shan State and Kachin state that shares a border with China. China-funded the EAOs to attend the conference, which was the first time all the ethnic groups attended it with Chinese aid and diplomacy. Thus, Myanmar can’t shun Chinese help when it comes to the peace process. As of August 2020, the fourth Union peace conference marked the absence of many of the ethnic groups as due to COVID and other factors China was not seen pushing much for their inclusion. Yun Sun noted that the reason could be the absence of any specific request of the Myanmar government to China regarding the same. 

Apart from, engagement with the peace process and supporting Myanmar at the international front regarding the Rohingya crisis, and mediating between Bangladesh and Myanmar, China seem to have a resilient network approach towards Myanmar. This has led China to engage different actors in its diplomacy towards Myanmar. Chinese government NGOs (GONGO)’s such as the China International Poverty Alleviation Foundation (CIPAF), Blue Sky are becoming more present in Myanmar. These GONGO’s are not only providing humanitarian aid but also organizing skill development programs for locals. The Chinese government also sometimes organizes training programs for Myanmar’s diplomats and officials and businessman. Hence, China is more engaging at the grassroots level, a diplomatic style China has adopted from its experience of engagement in unstable states in Africa. 

Thus, as for now, it is both a win-win game for China and Myanmar, as both seem to seek leverages from each other. However, it would interesting to see if more international actors, especially the US lifts the ban on Myanmar and get engage with the country how Myanmar would design its policies towards China. 

The views expressed in this article are those of the author.

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The Strait of Malacca: China between Singapore and the United States

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According to the data of the U.S. Energy Information Administration, over 30% of maritime crude oil trade passes through the South China Sea. Over 90% of the crude oil arriving in that sea pass through the Strait of Malacca, i.e. the shortest sea route between suppliers in Africa and the Persian Gulf and markets in Asia, thus making it one of the main geographical hubs of black gold in the world.

The key factor is that many raw materials and materials for energy development must pass through this Strait. Currently, the transport of goods between East Asian countries, Europe and Africa must have the Strait of Malacca, controlled by Singapore, as a route – provided it is fast.

On September 24, 2019 Singapore and the United States signed the Protocol amending the 1990 Memorandum of Understanding on the U.S. use of facilities in Singapore.

Singapore had proposed to use U.S. warships, thus becoming the largest U.S. military base in Asia. The U.S. 7th Fleet and its ships, including aircraft carriers and other large vessels, provide logistics and maintenance services and greatly expand military control.

The 7th Fleet can cross the Strait of Malacca, enter the Indian Ocean and the Arabian Sea and reach the Gulf region within 24 hours. The U.S. military vessels in all the ports of the Strait can be used without prior notice. In this regard, the United States is also actively cooperating with Malaysia, the Philippines, Brunei, Thailand and other Southeast Asian countries.

The United States has deployed more advanced weapons and equipment in Singapore. As long as there are military disputes in East and Southeast Asia, the United States will immediately block the Strait of Malacca and hence control the whole crude oil transport system. In case of conflict, the Strait of Malacca could easily be blocked, thus cutting China off from crucial energy resources.

Although the Chinese strategic oil reserves are sent from neighbouring countries, it is difficult to go on for over 60 days with reserves alone. Meanwhile the United States is using the financial market to drastically increase energy prices and possibly start an economic war.

If the Strait of Malacca is blocked, China has not enough energy supplies stored and it can sustain the situation for a very short lapse of time. It should be added that all military operations would be delayed.

Singapore is a country traditionally friendly to the United States. The reason is the same as Japan’s, because the United States has interests in the Far East, while keeping on encircling China, thus trying to break “the string of pearls”.

The United States supports Singapore, which has some influence in Southeast Asia because it has no strong neighbours. With a view to managing maritime transport, the most important thing is to have strong armed forces. Until the country can be conquered by force, the financial and commercial development model leads to a very high success rate.

Singapore has a surface of 721.5 square kilometres only, less than the province of Lodi, Lombardy. Nevertheless, its defence spending is three times that of neighbouring Malaysia, and accounts for about 3.1% of its GDP, which is more or less the same as the Russian military power (3.9%). This is the version of South-East Asia bequeathed by Great Britain, such a close ally of the United States to be considered the fifty-first star on its flag.

If Singapore wants to control its own power in the Strait of Malacca, it must contain and curb China. Without the Strait of Malacca, there would be no maritime centre absorbing the surrounding commercial and financial forces. As long as the deepwater port – where large military and commercial fleets can dock – is well-established, the place of delivery/passage for raw materials in Southeast Asia, from the Near and Middle East, the EU and Africa, will inevitably be Singapore.

This is the reason why – although China also has a huge export market – many of the bulk goods will be waiting in line to pass through Singapore’s “Caudine Forks”.

Since 2015 there has been a plan that could break the balance. The trade route to the Indian Ocean across the Strait of Malacca has problems with pirates, shipwrecks, mist, sediments and shallows. Its accident rate is twice as high as the Suez Canal and four times higher than the Panama Canal.

A shorter alternative route is to build a canal in the isthmus of Kra, Thailand. This would enable to spare time and reduce shipping costs as the route gets 1,000 kilometres shorter. The Chinese state-owned companies Liu Gong Machinery Co. Ltd and XCMG, as well as the private company Sany Heavy Industry Co Ltd, have taken the initiative to create a study group for the construction of the Kra Canal. The 100-kilometre artificial connection with the Indian Ocean would benefit not only China and ASEAN, but also trade of Japan and other countries, including the EU.

Thailand is located at the centre of the Indochina peninsula and leads to the important Mekong region and South Asia. This artificial canal would be about 100 kilometres from the Andaman Sea and the Gulf of Thailand, so that the trade zone of South-East Asia should not pass through the Strait of Malacca.

However, according to a survey made five years ago, only 30% of Thai people was in favour of building the canal and at least 40% of them opposed it, for fear that it could cause political turmoil in Thailand, including environmental damage and corruption by the Thai government. An attempt was being made to convey the feeling that the Thai people were opposed to such initiative.

It is obvious that there are clear opponents: the biggest one is Singapore, of course. At that juncture, maritime trade in East and South-East Asia would leave the polis, which would be bound to lose its importance as a maritime bulwark and could even lose the U.S. protection. Nevertheless, on January 16, 2020, the Thai House of Representatives decided to set up a committee to study the Thai Canal project.

The Kra Canal would be very profitable for China. The countries concerned, namely Cambodia and Vietnam, are still hesitating. Thailand wants China to contribute with money and equipment, but it fears indirect control from China.

The Kra Canal would be controlled by China. Thailand may not operate and run it as planned, but it would reap the greatest benefits from it. Hence although the canal tolls may be much lower than the cost of development, China would still be willing to encourage Thailand to implement the project in view of creating another route bypassing U.S. control. China is also actively encouraging Myanmar to build an oil pipeline connecting Yunnan to Burmese ports.

China is willing to invest significantly and the aim is to bypass U.S. control, which has completely blocked China from the Pacific islands to Southeast Asia.

The energy and food that China needs cannot be self-produced, and the United States is trying to manage these two weaknesses by “moving Singapore on the chessboard”.

After World War II, the United States is the most striking example of “vertical community”, and “horizontal continuum“, to which the principle of “close and remote strike” applies. This refers to the economic power gap, not to kilometres as the crow flies. The U.S. strategy is to establish a long-term objective to prevent competitors from producing and developing cooperation.

The countries that have a large economic power gap vis-à-vis the United States are defined as “far away”, while the others close to the United States in terms of economic power and strength are defined as “near”. As a result, the neighbour always bothers and causes inconvenience in the world as is the case when living in a block of flats.

The U.S. strategy is designed to help and support the weaker side in the economic war – no matter if it is a dictatorship or an obscurantist and reactionary regime -in order to fight the strong side and achieve power supremacy. This balance can effectively prevent the emergence of a hegemonic power directly posing an economic-military threat to the United States. Supporting Singapore, Taiwan and Japan is certainly not an act of humanism and holding on to the “medieval” petromonarchies of the Near East does not mean strengthening the much-vaunted democracy.

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A crumbling Thai monarchy and the people’s longing for democracy

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As a nation, Thailand has escaped colonial subjugation. But, in the past one year, the Asian kingdom faces an unprecedented political crisis at home. Both the monarchy’s legitimacy and the military-linked government’s power are questioned by a legion of dissenting youth. How did things turn out this way? Here, I analyse.

***

At the centre of the city of Bangkok lies the Democracy Monument. It commemorates the historic Siamese Revolution of 1932 which led to the establishment of a constitutional monarchy in what was then the Kingdom of Siam, by its military ruler, Field Marshal Plaek Phibunsongkhram who saw the monument as the central point of what he envisioned as a new Bangkok, Westernized and democratized in outlook.

But, people’s direct rule in the city and the Thai nation at large is still a distant dream for many, particularly the dissenting youth. The monarchy still has an influential role in Thai society, culture, and politics.

The Southeast Asian nation of Thailand, previously Siam, is ruled by the royal House of Chakri for the past three centuries. However, since the last 88 years, following the Siamese Revolution of 1932, it has been a constitutional monarchy, with king as a nominal head of state and the prime minister as the head of government. But, the country has a history of coups soon after this transition, making the military an influential player in its domestic politics.

So, what is happening in that country since early 2020? Why are the youth and the students protesting against the ruling establishment consisting of the king and the prime minister? What lies ahead?

People demands power transition

Protests began in March, this year, but it lost momentum due to the raging pandemic before starting again in July. Tensions escalated in mid-October when tens of thousands of young protesters took to the streets, mostly in Bangkok but also in other parts of Thailand.

The demonstrators demanded the resignation of General-turned-PM Prayuth Chan-ocha, a new and reformed democratic constitution, a reformed monarchy, more transparency in the government, and an end to the harassment of democracy activists. Police have responded with water cannons and by arresting protesters. The government has also issued an emergency decree prohibiting gatherings to curb the protests.

A section of the protesters went further with a list of ‘10 demands’ of intended reforms. They say, they do not seek to end the monarchy, rather reform it from within. But, on the other hand, there are pro-monarchy conservative royalists who support the government led by the military-aligned prime minister.

The protesters even tried to directly communicate with the king by the symbolic act of posting letters as an expression of their discontent with the establishment. The police have arrested hundreds of protesters so far. But, the unrest in Thailand has only intensified and spread to larger sections of the population.

Origins of the crisis

The origins of the current political stand-off began in the aftermath of the long-awaited March 2019 elections that brought five years of military junta rule to an end. Since a 2014 coup toppled the elected government of former PM Yingluck Shinawatra the kingdom has been reeling under junta rule that installed then General Prayuth Chan-ocha as Prime Minister.

But, after last year’s election, Prayuth resigned from the army, so he could run for Prime Minister’s office again as a civilian. He was supported by military-backed political parties and the election results were disputed by the Opposition parties, as he returned back to power as PM. But, his continuation indicated that Thai military remains a strong force in Thailand’s political scene, even though a civilian rule exists in paper.

In the disputed election, most Thai youths who are now at the forefront of protests supported the third largest party, the Future Forward Party. But, in February 2020, a court order ruled that the party should be disbanded. Young Thais, angry at the ruling, protested soon after. Then came the pandemic-induced lockdowns that restricted protests before it re-emerged in July.

A note on Thai monarchy

Thailand arguably has one of the world’s strictest lese-majeste rules that are aimed at curtailing public behaviour classifiable as criminal offences against the dignity of the reigning monarch and prohibits insults to the royal family. However, the Thai monarchy entered a period of transition after the death of former king Bhumibol Adulyadej, the father of the present king Maha Vajiralongkorn, in 2016 who reigned for long seven decades.

Adulyadej was largely seen as a unifying force in the Thai nation that has endured years of political turmoil, unlike his pompous and extravagant son who had spent much of his time in Germany since ascending to throne. While his people fiercely protested, the king stayed away from all that commotion in a foreign land away from home enjoying luxury quarantine in the Bavarian Alps with public money.

Thai protesters had earlier sought the German government to look into whether he had conducted state business while on German soil, such as the signing of royal commands and the annual expenditure act that would be unbecoming considering the behaviour expected from their king.

Moving against the flow

The latest protests by the youths and students raise justifiable questions on the legitimacy of the regal power in Thai ruling establishment. They intensely hope and raise their voices for a transition to full democracy, creating a sensitive backdrop to the grievances raised against the military-backed government, on the other side.

Meanwhile, PM Prayuth has repeatedly rejected the protesters’ demands to step down. With the looming pandemic affecting normalcy of life and the Thai government planning to extend the nation-wide state of emergency until mid-January next year, there is no foreseeable reprieve for the demands raised by protesters soon enough.

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