“TO be or not to be equal” is the question many foreigners residing in Pattaya, especially ones from the oldest democratic country, whose national motto is in the French language “Dieu et Mon droit”

    “What is my right under Thai laws?” is the specific question to ascertain the degree of “Equality”

    In the French language, the word “Droit” has double meaning of “Law” and “Right” Therefore, the  motto “Dieu et Mon droit” should also mean “God and My Right” not only “God and My Law”. Please be careful to pronounce the word “Droit” not “Doit” which means “Finger”.  “Dieu et Mon droit” can mean “Oh My God and My Finger was cut in the war”. British and French people are famous for their critical thinking to criticize everything around them to find a better solution.

   It is undeniable that the emerging economy of Pattaya is profoundly dependent on the British Diaspora who run away from the persecution in their utopist welfare state. In the Beatles’ song “Mr.Taxman”, Britons are taxed even for their death. It is not easy to wait until the age of sixty-five for your retirement with a beautiful wheelchair and dog. Many brave Britons eye the new world in a quest for the “Destination of Happiness”.

    “It is too cold in English”, said a divorced British man who liquidated everything in his homeland before buying a one-way ticket to Pattaya. These people worship the sun in Pattaya to rejuvenate themselves with beautiful house and warm families.

   Most settlers in Pattaya are hungry for basic infrastructures, not only bricks and steel, but also knowledge of laws which are the foundation of their rights. The Americans still celebrate “Thanksgiving Day” for the generosity of indigenous who gave food to the settlers who otherwise would die from starvation. In Pattaya, the settles are hungry for the knowledge not turkey. Who can give them a clear basic answer?

     “Equal protection under the laws”

   The words “Justice” and “Equality” always come together. Aristotle said “Justice arises once equals are treated equally” which was parallel with the ideology of Thomas Jefferson who strongly believed that “all men are created equal”. Some skeptical people believe that the reason behind the declaration for independence was a civil disobedience not to pay tax without representation.

   However, the notion of “all men” is still questionable nowadays by the practice of “separate but equal”. The new Immigration Law in the USA and Labor Law in France, provoke thousands of people to express their hunger for equality and justice in the street. The legislators in the USA may forget that all Americans, except Indians, came from immigrant families.

   The iconic Rosa Parks was one of the great heroes who devoted her life to find out the right answer for her compatriots to equally share the same public utilities. How could the laws at that time separate public schools, buses, streets, beaches and restaurants by racial criteria? The then legislators raised the pretext of “separate but equal”.

   The American dream came true once the United Nation adopted this doctrine of human equality in the Universal Declaration of Human Right:-

   “All are equal before the law and are entitled, without any discrimination, to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination”  

   Thailand adopts the Declaration of Human Rights of the United Nation in Article 30 of the Constitution of the Kingdom of Thailand 1997 ” which is the most democratic. Unfortunately this constitution was abolished by the military junta.   

   “All persons are equal before the law and shall enjoy equal protection under the law. Men and woman shall enjoy equal rights. Unjust discrimination against a person on the ground of the difference in origin, race, language, sex, age, physical, or health condition, personal status, economic or social standing, religious belief, education or constitutionally political view, shall not be permitted.

   Measures determined by the State in order to eliminate obstacle or to promote persons’ ability to exercise their rights and liberties as other persons shall not be deemed as unjust discrimination under paragraph three”

   Many people may become cynical that this ideology is only a literal substance without implementation. Your right will be written only in the paper, but shall never be done, if you are still agnostic to invoke the laws. Without the brave hearts of Abraham Lincoln, Dr.Martin Luther King Jr, JFK or Rosa Parks, the dream of Thomas Jefferson would not come true. If you purify your mind by whatever mighty power you believe, you may see the light of justice at the end of the tunnel. The enlightenment of wisdom may lead you the way to quest for the truth which shall set you free in this land.

   “So it shall be written, so it shall be done” should be the proper words to sanctify our constitution even it is not written on stone. We shall find out in our next article if Thai laws treat foreigners under the principle of “separate but equal”.

   What will be the notion of “All persons” under Article 30. – of the Constitution of the Kingdom of Thailand? Are Foreigners persons under the laws?

   The government should not stonewall to answer this candid question which is indispensable for all democratic societies. All foreigners who pay tax in this country should not suffer from double standard either for the small matter, e.g., double price or the serious matter in the applicability of the laws.

   We hope that the democracy ideology of the constitution 1997 will be written in all future constitutions which will be repeatedly abolished and drafted by the military junta for the next hundred years.