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Coming here as a practitioner who has been in the area of
Justice from conflict resolutions to peace building over 30 years
and as the only Thai Representative in this panel, I wish to share
my observation mainly on how the rule of law is important for
enhancing democracy, especially in Thailand, and also its
challenges and prospects. Above all, on how we might be able to
get through the transition by using the principle of the rule of law.
Let me start off with a brief discussion about democracy and
the rule of law. The term democracy, as we all know, was
originated from the Greek. It was found with two words: ‘demos’
which means people, and ‘cretos’ power or rule. As one word,
democracy means ‘rule of people’ or ‘government by the people’,
especially, rule of the majority. As the previous speakers
mentioned, there is no consensus existed on how to define the
character of ‘Democracy,’ but legal equality, political freedom and
the rule of law have identified our important characteristics.
These principles are all reflected in all eligible citizens being equal
before the law and having equal access to legislative processes.
Also, ruled by the majority, listed as characteristics of
democracy. At this point, it has to be noted that, while the
majority rules, the minority must also be protected.
Furthermore, freedom of political expression, freedom of
speech and freedom of press are considered to be essentialized
that allow eligible citizens to be aggregately informed and able to
vote according to their own interest.
As a practitioner, I have long believed that the ultimate aim
of any social governing system used to ensure that human beings
as members of society live safely and happily. Democratic system
as well, even if it is not perfect, and there is a lot of criticism that
the system with least human rights violation. The majority rules,
and the majority benefits. The story will go in the opposite
direction, if the ruler is minority.
Speaking of democracy, there are, in my opinion, two key
elements that I see as the most essential: public participation and
human rights protection. Without these two, we might find only
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