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Clarifying the Borderline between Lawful Obligations and Political Accountability
Clarifying the Borderline between Lawful Obligations and Political Accountability

Thailand's political outlook remains turbulent, with the line between acceptable and unacceptable behaviour in politics remaining unclear. This was recently evident in the removal of Prime Minister Paetongtarn Shinawatra from office due to a scandal involving a leaked email with Cambodia's de facto leader, Hun Sen. The court argued that Paetongtarn failed to exercise due care in her confidential negotiation with Hun Sen, and that her actions benefited Cambodia and helped stabilize her declining popularity.

The email, which took place in June 2025, saw Paetongtarn asking Hun Sen to reopen the border between Thailand and Cambodia, which had been closed due to a territorial dispute. The border, almost 800 kilometers long and poorly demarcated, is a source of frequent disputes between the two countries.

Paetongtarn's use of the term 'uncle' during the call, a term that suggests a position of inferiority, was also a point of contention. This was seen as a breach of protocol and a sign of undue familiarity with a foreign leader.

The decision to remove Paetongtarn opens a can of worms for incoming governments, as appointing new cabinet members or introducing controversial policies becomes more challenging due to unrealistic demands for overly pure and clean politics.

This is not the first time a Thai leader has faced removal due to ethical misconduct. In 2024, the Constitutional Court removed Sretha Taweesin from office for appointing a morally questionable candidate. Yingluck Shinawatra, Paetongtarn's aunt and a former prime minister, was also involved in a similar situation regarding a rice pledging scheme.

The Constitutional Court has the responsibility of defining these ethical standards, and failure to comply may result in removal from office and a lifetime ban from politics. Appointing morally questionable candidates or engaging in questionable behaviour can cause public outrage and potentially lead to removal from office or other political consequences.

The case against Paetongtarn did not provide credible evidence to support the Constitutional Court's claim of her putting her own interest before that of the nation. No information was found regarding the person responsible for the decision to remove Paetongtarn Shinawatra as Prime Minister of Thailand.

The decision to remove Paetongtarn from office has raised questions about the blurry line between legal and political liability. Conservative senators filed a complaint with the Constitutional Court accusing Paetongtarn of ethical misconduct, specifically of dishonesty and violation of serious ethical standards.

The 2017 Constitution of Thailand stipulates that a minister must be evidently honest and must not seriously fail to meet ethical standards. However, the application of these standards remains subjective and open to interpretation, contributing to the ongoing turbulence in Thailand's moralistic politics.

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