Skip to content
Licensed Unlicensed Requires Authentication Published by De Gruyter August 26, 2020

Addressing Instability in Thailand’s Deep South with Law and Development

  • Prapin Nuchpiam EMAIL logo and Dhiyathad Prateeppornnarong

Abstract

This article approaches the long-standing instability in the southernmost part of Thailand, where a vast majority of the population is Muslim, from a law and development perspective. The instability has resulted from a highly complicated conflict, of which religious and ethnic differences, political conflict, and even organized crime are generally claimed as the main causes. The article directs its attention to a sense of resentment among the Muslim population, which has arisen from enduring economic disparities and injustice they have suffered at the hands of the authorities. Addressing these two closely related issues certainly does not lead to a resolution of the conflict, but tackling them in an interrelated manner at least clarifies one of its significant aspects and contributes in a meaningful way to the ongoing search for a sustainable peace in Thailand’s southernmost region. The law and development approach we have adopted for this study attempts to show how the existing regulatory design (laws, legal frameworks, institutions) has been implemented – that is, how it has been complied with in terms of generation of action programs and strategies (in the form of security operations and development initiatives) and to what effect. Based on our findings, the quality of the implementation represents a major condition for the failure of the law and development implementation in Thailand’s Deep South. We therefore highlight the necessity of genuine political will and the enhancement of the state capacity for law enforcement through eradication of corruption and opportunistic crime as a feasible solution in this context.


Corresponding author: Prapin Nuchpiam, National Institute of Development Administration, Bangkok, Thailand, E-mail:

References

Agnew, R., A General Strain Theory of Terrorism, 14 Theoretical Criminology, no. 2 (2010).10.1002/9781118923986.ch7Search in Google Scholar

Ahmad, M., “Thailand: Panel will Probe Graft Complaints in 4 Deep South Projects”, Benarnews, 8 August 2017, available at: <https://www.benarnews.org/english/news/thai/thailand-corruption- 08182017174955.html>, accessed July 28, 2019.Search in Google Scholar

Askew, M., Fighting with Ghosts: Querying Thailand’s “Southern Fire”, 32 Contemporary Southeast Asia, no. 2 (2010).10.1355/cs32-2aSearch in Google Scholar

Associated Press, “Family of Pattani Man Who Died in Army Custody Seeks Justice”, Khaosod English, 26 August 2019, available at: <https://www.khaosodenglish.com/news/crimecourtscalamity/2019/08 /26/family-of-pattani-man-who-died-in-army-custody-seeks-justice/>, accessed May 31, 2020.Search in Google Scholar

Bangkok Post, “20-Year National Strategy Comes into Effect”, 13 October 2018, available at: <https://www.bangkokpost.com/thailand/general/1557462/20-year-national-strategy-comes-into- effect>, accessed July 28, 2019.Search in Google Scholar

Barker, C., Good Regulatory Practice Guidelines (European Union, 2016).Search in Google Scholar

Brown, D., From Peripheral Communities to Ethnic Nations, 61 Pacific Affairs, no. 1 (1988).10.2307/2758072Search in Google Scholar

Bureau of Registration Administration Thailand, Official Statistics Registration Systems, available at: <http://stat.bora.dopa.go.th/stat/statnew/statMenu/newStat/sumyear.php>, accessed July, 1, 2019 (in Thai).Search in Google Scholar

Burke, A., Tweedie, P., and Poocharoen, O., The Contested Corners of Asia: Subnational Conflict and International Development Assistance – The Case of Southern Thailand (San Francisco: The Asia Foundation, 2013).Search in Google Scholar

Che Man, W.K., Muslim Separatism: The Moros of Southern Philippines and the Malays of Southern Thailand (Oxford: Oxford University Press, 1990).Search in Google Scholar

Crisis Group Asia Report, Thailand: The Evolving Conflict in the South (Brussels: International Crisis Group, 2012).Search in Google Scholar

Croissant, A., Muslim Insurgency, Political Violence, and Democracy in Thailand, 19 Terrorism and Political Violence, no. 1 (2007).10.1080/09546550601054485Search in Google Scholar

Deep South Watch, Database: Cumulative Incidents January 2004 – January 2019, available at: <https://dswdatabase.info/>, accessed July 1, 2019 (in Thai).Search in Google Scholar

Dincecco, M., State Capacity and Economic Development: Present and Past (Cambridge: Cambridge University Press, 2018).10.1017/9781108539913Search in Google Scholar

Engvall, A., and Andersson, M., The Dynamics of Conflict in Southern Thailand, 13 Asian Economic Papers, no. 3 (2014).10.1162/ASEP_a_00303Search in Google Scholar

Farouk, O., “The Historical and Transnational Dimensions of Malay-Muslim Separatism in Southern Thailand”, in Joo-Jock, Lim and Vani, S. (eds.) Armed Separatism in Southeast Asia (Singapore: Pinter Publishing, 1991).Search in Google Scholar

Ginsburg, T., Pitfalls of Measuring the Rule of Law, 3 Hague Journal on the Rule of Law (2011).10.1017/S187640451120006XSearch in Google Scholar

Haemindra, N., The Problem of the Thai-Muslims in the Four Southern Provinces of Thailand (Part One), 7 Journal of Southeast Asian Studies, no. 2 (1976).10.1017/S0022463400015010Search in Google Scholar

Hongtong, T., “Three Airlines Eyeing Betong Airport”, Bangkok Post, 4 July 2019, available online at: <https://www.bangkokpost.com/business/1706802/several-airlines-eyeing-betong-airport>, accessed June 2, 2020.Search in Google Scholar

Jitpiromsri, S., and McCargo, D., A Ministry for the South: New Governance Proposals for Thailand’s Southern Region, 30 Contemporary Southeast Asia, no. 3 (2008).Search in Google Scholar

Jitpiromsri, S., and Sobhonvasu, P., Unpacking Thailand’s Southern Conflict: The Poverty of Structural Explanations, 38 Critical Asian Studies, no. 1 (2006).Search in Google Scholar

Kilcullen, D., Counter-Insurgency Redux, 48 Survival, no. 4 (2006).10.1080/00396330601062790Search in Google Scholar

Kilcullen, D., The Accidental Guerilla: Fighting Small Wars in the Midst of a Big One (Oxford: Oxford University Press, 2009).Search in Google Scholar

Lee, Yong-Shik, Call for a New Analytical Model for Law and Development, 8 Law and Development Review, no. 1 (2015).10.1515/ldr-2015-0011Search in Google Scholar

Lee, Yong-Shik, General Theory of Law and Development, 50 Cornell International Law Journal, no. 3 (2017).Search in Google Scholar

Lee, Yong-Shik, Law and Development Theory and Practice (London and New York: Routledge, 2019).Search in Google Scholar

Liow, J.C., The Security Situation in Southern Thailand: Toward an Understanding of Domestic and International Dimensions, 27 Studies in Conflict and Terrorism, no. 6 (2004).10.1080/10576100490513701Search in Google Scholar

Mańko, R., Protecting the EU Budget Against Generalised Rule of Law Deficiencies, Briefing EU Legislation in Progress 2021-2027 MFF (2018).Search in Google Scholar

McCargo, D., Thailand’s National Reconciliation Commission: A Flawed Response to the Southern Conflict, 22 Global Change, Peace & Security, no. 1 (2010).10.1080/14781150903487998Search in Google Scholar

McCargo, D., Thaksin and the Resurgence of Violence in the Thai South: Network Monarchy Strikes Back?, 38 Critical Asian Studies, no. 1 (2006).10.1080/14672710600556429Search in Google Scholar

Narathiwat One Stop Service, Narathiwat Special Economic Zone (2016), available at: <http://www.narathiwatoss.go.th/frontpage>, accessed August 28, 2019.Search in Google Scholar

National Security Council Thailand (NSC), Policy on the Administration and Development of the Southern-Border Provinces B.E. 2560-2562 [2017-2019] (Bangkok: Office of the Prime Minister, 2017).Search in Google Scholar

OECD, Reducing the Risk of Policy Failure: Challenges for Regulatory Compliance (Paris: OECD, 2000).Search in Google Scholar

Office of Peace and Governance, King Prajadhipok’s Institute (KPI), The Third Peace Survey (Bangkok: KPI, 2017) (in Thai).Search in Google Scholar

Pathmanand, U., Thaksin’s Achilles’Heel: The Failure of Hawkish Approaches in the Thai South, 38 Critical Asian Studies, no. 1 (2006).Search in Google Scholar

Pitsuwan, S., Islam and Malay Nationalism: A Case Study of the Malay-Muslims of Southern Thailand (Bangkok: Thai Khadi Research Institute, 1985).Search in Google Scholar

Plate, T., Conversations with Thaksin: From Exile to Deliverance: Thailand’s Populist Tycoon Tells His Story (Singapore: KWF Publishing, 2011).Search in Google Scholar

Porath, N., Civic Activism Continued through Other Means: Terror-Violence in the South of Thailand, 22 Terrorism and Political Violence, no. 4 (2010).10.1080/09546553.2010.495617Search in Google Scholar

Posner, R.A., Law and Legal Theory in England and America (Oxford: Clarendon Press, 1997).10.1093/acprof:oso/9780198264712.001.0001Search in Google Scholar

Priyakorn, P., The Evolution and Future Trends of Halal Standard Development and Halal Certification Process in Thailand, 25 Journal of Public and Private Management, no. 2 (2018) (in Thai).Search in Google Scholar

Sen, A., “The Concept of Development”, in Handbook of Development Economics, vol. 1 (Amsterdam: North-Holland, 1988).10.4324/9781315258003-7Search in Google Scholar

Southern News Center, “Extending the Emergency Decree on Public Administration in Emergency Situation on its 14th Anniversary! Statistics on Insurgency Look Good, but the Conflict Continues”, Isranews Agency, 23 August 2019, available at: https://www.isranews.org/content-page/67-south-slide/79718- years-79718.html>, accessed August 28, 2019.Search in Google Scholar

Tamanaha, B.Z., The Primacy of Society and the Failures of Law and Development, 44 Cornell International Law Journal (2011).Search in Google Scholar

Tebbit, M., Philosophy of Law: An Introduction (3rd edition, London and New York: Routledge, 2017).10.4324/9781315281018Search in Google Scholar

Trubek, D.M., and Santos, A. (eds.) The New Law and Economic Development: A Critical Appraisal (Cambridge: Cambridge University Press, 2006).10.1017/CBO9780511754425Search in Google Scholar

Trubek, D.M., Law and Development: Forty Years after ‘Scholars in Self-Estrangement’, 66 University of Toronto Law Journal, no. 3 (2016).10.3138/UTLJ.3671Search in Google Scholar

Versteeg, M., and Ginsburg, T., Measuring the Rule of Law: A Comparison of Indicators, 42 Law and Social Inquiry, no. 1 (2017).10.1111/lsi.12175Search in Google Scholar

Wangsri, S., “ISOC Follows Up on Narathiwat Model City Project”, National News Bureau of Thailand, 25 May 2019, available online at: <http://thainews.prd.go.th/en/news/detail/TCATG190525123851094> accessed June 2, 2020.Search in Google Scholar

Wheeler, M., People’s Patron or Patronizing the People? The Southern Border Provinces Administrative Centre in Perspective, 32 Contemporary Southeast Asia, no. 2 (2010).10.1355/cs32-2dSearch in Google Scholar

Published Online: 2020-08-26
Published in Print: 2020-09-25

© 2020 Walter de Gruyter GmbH, Berlin/Boston

Downloaded on 24.4.2024 from https://www.degruyter.com/document/doi/10.1515/ldr-2020-0051/html
Scroll to top button