A gross misuse of S44

Again, Prime Minister Prayut Chan-o-cha has resorted to the use of Section 44 of the interim charter to transfer a senior state officer. This time, he removed Palakorn Wongkongkaew, director of the Community Organisations Development Institute (CODI), from his position. Mr Palakorn is to join a number of senior officials thrown into what is perceived as the administrative dumpsite on Phitsanulok Road.

The prime minister, in his 11/2559 order, which takes immediate effect on Tuesday, did not specify the reason for the transfer, just giving the ambiguous statement: “To improve the operation of the relevant agency.” In this case, it is CODI, the public organisation that has won enormous praise for its endeavours in the Baan Mankong housing project that advocates for housing rights for the urban poor among other development schemes.

According to local news reports, Mr Palakorn’s transfer was proposed by Social Development and Human Security Minister Adul Sangsingkeo, who was upset with a relocation plan for communities, involving some 3,000 households, to pave the way for construction of a flood-prevention dyke near Lat Phrao canal. The relocation work, in his opinion, is too sluggish.

There are also reports that the minister had attempted to force Mr Palakorn to resign for quite some time. Without success, he turned to the prime minister for his special power.

But the CODI director’s transfer has triggered an outcry from activists and academics in the community development field. They believe it is the wrong decision.

The Lat Phrao dyke case is enormously complicated, given the number of people being affected by the flood prevention project. Not to mention that there is intervention on the part of local politicians who want to maintain their interests and power. To make progress, it requires cooperation from other state agencies, especially the Treasury Department, as the owner of the relocation land plot, and the Bangkok Metropolitan Administration, as the key operational agency.

The transfer of Mr Palakorn which casts a bad light on the prime minister and the government will not solve the problem, while it is apparent that it is just a political decision on the part of Pol Gen Adul whose knowledge about local community development remains in question.

It should be noted that Pol Gen Adul gained his cabinet post in 2014 basically because he is a core member of the National Council for Peace and Order. With a background in police affairs, Pol Gen Adul must be acquainted with a top-down administrative style which is useless in development matters.

Not to mention that as the cabinet reshuffle looms, the minister must be feeling the heat and wanting to protect himself and maintain his cabinet seat.

On the contrary, Mr Palakorn is an old hand at CODI, who has gained wide recognition and respect for his professionalism and relentless dedication to community development.

Mr Palakorn, whose performance has been rated as excellent by the CODI board, has won admiration from academics and activists in the field for his advocacy of community rights, especially his commitment to people’s participation as a key to community development.

In this sense, the CODI director is just a scapegoat.

The transfer case raises valid questions about the use — or misuse — of the S44 special power by the prime minister. In any case, Gen Prayut should know it is in the best interests of the country and of the prime minister to minimise the use of this political magic wand which is a double-edged sword.

Without a checks-and-balance mechanism, excessive power can be dangerous. Sooner, rather than later, it will backfire.

The CODI director’s transfer has triggered an outcry.