Constitution Drafting Assembly Appointed by Royal Decree

quiksilva · June 20, 2007

The CDA Chairman adds that members of political parties who have had their political rights revoked for five years by the Constitutional Court may be allowed a reprieve in the future if all parties are in agreement.

make 'em up as you go along .......

sad

Actually kinda makes sense to me. I think was all made up a long time in advance.

All this hullabaloo was created to get Thaksin and put him in his place: jail.

Absolute guess time:

Once he is back in the country he will be found guilty and sent to the big monkeyhouse for a long, long time.

Then once the referendum is passed (as it will be) an amnesty will be given to the former TRT MP's and they will be free to create new parties (satisfying the mobs) and just in time for elections.

Mid · June 22, 2007

Half Senate to be appointed

Narrow margin on drafting panel passes new plan for upper house

The Constitution Drafting Assembly (CDA) yesterday agreed on a 150-strong Senate of both selected and elected members to replace the Senate of 200 elected senators under the defunct 1997 charter.
Seventy-six senators will be elected, one from each province, while a special ad-hoc panel will pick the remaining 74 members from among experts and well-known figures in various professional fields.

The Senate model proposed by the Constitution Drafting Committee (CDC) was approved by a narrow margin of 37 votes to 35.

Weerayut Chokchaimadon

The Nation

continues http://www.nationmultimedia.com/2007/06/23...cs_30037632.php

referendum looks close .....................

Jai Dee · June 23, 2007

CDA meeting approved many articles yesterday

The Constitution Drafting Assembly (CDA) approved many articles of the charter last night (Jun 22). Today will the 10th day for the CDA to consider the draft. More than 50 percent of 299 articles have been approved.

The CDA was deliberating the charter draft the whole day yesterday. The assembly considered the qualifications and the origins of Senators before concluding that 74 Senators will be selected by a committee while each of the 76 provinces will elect one Senator. As a result, the total number of Senators will be 150.

The consideration of the constitutional draft last night was fast-paced because some of the articles did not need to be amended. Before the meeting adjourned, the CDA members discussed the protection for Senators and members of the House of Representatives, and this issue will be discussed again today.

The meeting yesterday was adjourned at 23:19 hours.

Source: Thai National News Bureau Public Relations Department - 23 June 2007

Jai Dee · June 23, 2007

CDC Prasong reminds CDA to consider national and public benefits

Constitution Drafting Committee (CDC) Chairman Prasong Soonsiri reminds the members of the Constitution Drafting Assembly (CDA) to take the benefits of the people and the nation into account when considering the charter draft and not to think of their personal interests only.

On June 21st, the CDA meeting resolved to increase the number of members of the House of Representatives from 400 to 480.

Squadron Leader Prasong refers to the 1997 Constitution of Thailand and comments on the number of members of the House of Representatives, saying there could have been hidden intentions prior to the general election.

Source: Thai National News Bureau Public Relations Department - 23 June 2007

Jai Dee · June 24, 2007

Problem foreseen in Senate selection

In order to avoid a legal quagmire, the 100-member Constitution Drafting Assembly (CDA) should review its vote on Friday on a draft provision for the selection of senators, a charter-writer said yesterday.

"The CDA has designated the Constitution Court president as head of the selection panel for senators, but this will certainly lead to legal wrangling as the high court will face conflict-of-interest problems if asked to rule on selection disputes," Komsan Phokong said.

Komson foresaw national deadlock if the CDA refused to amend the senatorial process by removing the involvement of the high-court president.

When the 35-member Constitution Drafting Committee (CDC) submitted the draft for the CDA's debate, it did not anticipate that the CDA would opt to completely revamp the proposed selection process, he said.

CDC chairman Prasong Soonsiri called on CDA members to complete the vetting of the draft within the time frame instead of wasting time on a game of mutual upstaging.

Prasong said few CDA members had any justification to revive the debate on issues that had been voted on two or three times. He voiced optimism, however, that the CDA would approve the constitution draft by the July 6 deadline.

He was also confident that the anti-coup protests would not derail the referendum on the new charter, scheduled for August 19.

Between Friday evening and yesterday afternoon the CDA devoted two sessions to debate on whether to penalise ministers and government officials for failing to testify after being summoned by Parliament.

It cast three votes before agreeing not to punish them.

Meanwhile, Election Commission chairman Apichart Sukhagganond said he was ready to register new political parties as soon as the National Legislative Assembly passed the draft legislation on the issue.

Apichart said the disbanded Thai Rak Thai Party was obliged to complete an audit of its financial records before applying for a new banner. The audit may take months and not finish in time for the general election.

"The issue about the disbanded party seeking to retain its old name or a new name rhyming with it will be decided after the EC has accepted the application of the new party," he said.

He said the EC would meet tomorrow to start preparations for the polls, which could take place as early as November 25.

CDA's chairman Noranit Sethabut yesterday reported on the latest developments in the drafting of the constitution, saying the assembly had reached agreement on three more major points.

First, concerning the qualification of members of Parliament (MPs) in article 95, an MP must be a member of some political party for at least 90 days before an election date, except if the election is held due to a House dissolution, when the requirement will be reduced to 30 days. An MP must also hold a bachelor's degree or higher, unless they have been an MP or senator before. Moreover, MP candidates must be registered in the area where they run for election candidacy at least one year and they must also have studied in the area for at least two years.

Second, the total number of MPs is to be 480, up from the previously agreed 400.

Third, vote-counting must be done at an election unit.

Source: The Nation - 24 June 2007

Jai Dee · June 24, 2007

CDC Chairman confident CDC to finish organic laws in time

The Chairman of the Council for Constitution Drafting Committee (CDC) expresses confidence that CDC will finish the constitution’s organic laws in time.

CDC Chairman Squadron Leader Prasong Soonsiri (ประสงค์ สุ่นสิริ) says he believes that the draft of the new charter is better than the 1997 Constitution, especially articles concerning people’s roles, politics, and the check-and-balance system. He adds that the country’s democracy has developed over time and suggests that people should consider past problems as lessons to improve Thailand’s politics.

As for the Cabinet’s idea to bring the public hearing forward, the chairman says it can be done but calls on the Cabinet to consider the organic laws and the political situation before announcing the public hearing’s date.

Regarding the media’s coverage of the charter drafting, the chairman says CDC’s secretary-general has a plan to discuss the matter with the Council for Constitution Drafting Assembly (CDA) and distribute handouts on facts about the charter drafting to the media.

Source: Thai National News Bureau Public Relations Department - 24 June 2007

hammered · June 24, 2007

Charter to make it easier to censure Govt
The Constitution Drafting Assembly (CDA) Sunday made it much easier for the future opposition to move noconfidence motions against the government.

The CDA will also allow only 10,000 voters to sponsor a bill and 20,000 voters to seek an impeachment against a political office holder.

During the second reading of the draft constitution, the CDA amended Articles 154 and 155 to make it easier for opposition MPs to submit noconfidence motions against the prime minister and Cabinet members respectively.

The CDA also endorsed Article 156 as proposed by the Constitution Drafting Committee (CDC) to allow half of opposition MPs to censure the government if their number fails to meet the minimum requirement for submitting censure motions. But the article would require the MPs to wait for the government to be in office for at least two years.

Initially, the CDC stated in Article 154 that onequarter of MPs were required to sponsor a censure motion against the prime minister and in Article 155 that onefifth of MPs were needed to submit a noconfidence motion against a Cabinet member.

During the debate yesterday, several CDA members expressed concern that the CDC version would make it hard for the opposition to perform their duty of checks and balances.

Following the debate, CDC secretary Somkid Lertpaitoon said the panel had agreed to amend the draft to make it easier for opposition MPs to censure the government.

It was agreed to amend Article 154 to lower the requirement from onequarter to onefifth of MPs and amend Article 155 to lower the requirement from onefifth to onesixth.

The 1997 Constitution required at least twofifths of MPs to sponsor a noconfidence motion against the prime minister and onefifth against a Cabinet member.

The CDA also endorsed a change to Article 157 to allow onethird of senators to sponsor a motion to hold a general debate for the government to answer questions regarding its administration. The initial version of the CDC required threefifths of senators to sponsor such a motion.

Initially, the drafting panel stated in Article 159 that 20,000 voters could sponsor a bill but during the debate the CDA agreed to reduce the requirement to 10,000 to make it easier for the public to participate in politics.

The 1997 charter required 50,000 voters to sponsor a bill. Only one bill, on community forests, was subsequently sponsored by voters.

The CDA also endorsed the drafting panel's proposal to require at least 20,000 voters to sponsor a motion to seek an impeachment against a political office holder.

The Nation

From: http://www.nationmultimedia.com/2007/06/24...es_30037684.php

Jai Dee · June 26, 2007

CDC Chairman confident CDA will approve of charter draft

The Chairman of the Council for Constitution Committee (CDC) expresses confidence that the constitution draft will be approved by the Constitution Drafting Assembly (CDA) at the end of this month.

CDC Chairman Squadron Leader Prasong Soonsiri (ประสงค์ สุ่นศิริ) says he believes that all 299 of the constitution will be accepted by CDA.

As for the election date brought forward by Prime Minister Surayud Chulanont, the chairman suggests that the premier should carefully reconsider the matter as frequent changes made to the election date might affect people’s confidence.

Source: Thai National News Bureau Public Relations Department - 26 June 2007

Jai Dee · June 26, 2007

Draft constitution to be submitted to NLA on July 2 or 3

Prasong Soonsiri, chairman of the Constitution Drafting Committee, said Tuesday that the draft constitution would be ready for submitting to the National Legislative Assembly on July 2 or 3.

Prasong said the Constitution Drafting Assembly would pass the final reading of the draft within this week and the draft would be revived according to the CDA's resolutions and submitted to the NLA to approve or reject.

Source: The Nation - 26 June 2007

Jai Dee · June 27, 2007

CDA Chairman is satisfied with CDA meeting

Constitution Drafting Assembly (CDA) Chairman Noranit Sethabutr is pleased with the CDA members' commitment in drafting the new charter, and is confident that the public referendum will be held as scheduled on August 19th, 2007. Mr. Noranit is satisfied with the unanimity of the CDA meeting, and requests the CDA members to work together in drafting the charter within the timeframe. He affirms that the CDA's consideration on the draft will not shift the general election date. The CDA will consider the draft on July 6th and the public referendum will be held on August 19th.

The CDA Chairman says the interim government and the Election Commission (EC) will decide wheter the general election will be held on December 25th.

Source: Thai National News Bureau Public Relations Department - 27 June 2007

Jai Dee · June 27, 2007

CDC would propose revision of amendment concerning NCCC

The Constitution Drafting Committee (CDC) will propose the revision of the amendment on the increase of provincial National Counter Corruption Commission (NCCC) members because the issue contains many details.

CDC Chairman Prasong Soonsiri says the names of the provincial NCCC members are being collected before the revision will be proposed to Constitution Drafting Assembly (CDA) Chairman Noranit Sethabutr. The CDC Chairman says this issue has a number of aspects to be considered such as the issuance of arrest warrant.

Squadron Leader Prasong says the proposal will be submitted after all 299 articles of the charter have been deliberated. He says too many regulations should not be added in the constitution because it is the basic legal framework of the state. He is also confident the consideration on the charter will be finalized on July 4th or 5th this year.

Source: Thai National News Bureau Public Relations Department - 27 June 2007

Mid · June 29, 2007

CDA approves article to grant amnesty to junta

June 29, 2007 : Last updated 07:32 pm (Thai local time)

The controversial draft Article 299 of the draft charter which grants de facto amnesty to the military junta for staging the coup and tearing up of the 1997 charter was unanimously approved without debate by the Constitution Drafting Assembly (CDA) Thursday.
The assembly also approved in principle to add a highly controversial clause in the Transitional Provisions by agreeing to extend the lifespan of the junta-appointed National Legislative Assembly (NLA) after the promised general election and allow them to morphed into the ad hoc senate until a real senate is selected and appointed by the rules set by the new draft charter.

The Nation

and there it is ...............................

hammered · June 29, 2007

CDA approves article to grant amnesty to junta
June 29, 2007 : Last updated 07:32 pm (Thai local time)

The controversial draft Article 299 of the draft charter which grants de facto amnesty to the military junta for staging the coup and tearing up of the 1997 charter was unanimously approved without debate by the Constitution Drafting Assembly (CDA) Thursday.
The assembly also approved in principle to add a highly controversial clause in the Transitional Provisions by agreeing to extend the lifespan of the junta-appointed National Legislative Assembly (NLA) after the promised general election and allow them to morphed into the ad hoc senate until a real senate is selected and appointed by the rules set by the new draft charter.

The Nation

and there it is ...............................

Realistically it was always going to be there unless teh PTV boys had started a revolution which was never on the cards. If this charter goes down, and that depends purely on who has the most canvassers and headmen behind them, the 97 consty will have an amnesty added and be pulled out of retirement.

Mid · June 29, 2007

unanimously approved without debate

all said right there .

hammered · June 29, 2007

unanimously approved without debate

all said right there .

and probably supported by a majority in the country too if anyone actually cares that is. Did anyone actually think that a coup to which there has been negligable opposition would not be amnestied? That is anyone who is not niaive enough to view Thailand in the eyes of western (so called) democratic priniciples.

Mid · June 29, 2007

and probably supported by a majority in the country too if anyone actually cares that is.

and that exposes , just how dangerous this is ...................

chinthee · June 29, 2007

unanimously approved without debate

all said right there .

and probably supported by a majority in the country too if anyone actually cares that is. Did anyone actually think that a coup to which there has been negligable opposition would not be amnestied? That is anyone who is not niaive enough to view Thailand in the eyes of western (so called) democratic priniciples.

Yup.

hammered · June 29, 2007

Here is an intersting view of the referendum from a coup opponent. It seems a bit idealised with no mention of the Sanam Luang brigade being largely paid and bussed in but nevertheless is worth a read. It also doesnt point out the reality that the referendum will be all about who can get the most canvassers and Headmen out and nothing to do with the will of the people but I dont expect anyone on any side to actully mention this somewhat sad reality.

Can we fight evenly - for once?
Chuwat Lertsirisuk

I is said that referendum is the most direct way for the practice of people's power; it is similar to the demonstration to declare your stance and political demands. However, in terms of the general cost, referendum is much cheaper and safer than demonstrating on the streets, since attending demonstration could be seen as risky or could be used by different groups as political tool.

Prachathiai Link: http://www.prachatai.com/english/news.php?id=64

Jai Dee · June 29, 2007

CDA to consider article concerning amnesty

The meeting of the Constitution Drafting Assembly (CDA) today (June, 29th) will consider Article 299 which concerns the applicability of the interim charter in the new constitution. This article is seen by many sides as amnesty for the Council for National Security (CNS).

As for yesterday’s meeting, CDA has passed article 282 which concerns a petition signed by Thai citizens to remove a political official from the post. CDA agreed to decrease the number of signatures required from 100,000 to 50,000.

Meanwhile, National Legislative Assembly (NLA) Chairman Meechai Ruchuphan (มีชัย ฤชุพันธ์) admits that he is concerned over the government’s uncertainty in the general election date and the election timeframe. However, he expresses his confidence that the general election will definitely take place at the end of this year and the new charter will be approved by the general public if no political crisis occurs.

Source: Thai National News Bureau Public Relations Department - 29 June 2007

Jai Dee · June 29, 2007

CDA approves article to grant amnesty to junta

The controversial draft Article 299 of the draft charter which grants de facto amnesty to the military junta for staging the coup and tearing up of the 1997 charter was unanimously approved without debate by the Constitution Drafting Assembly (CDA) Thursday.

The assembly also approved in principle to add a highly controversial clause in the Transitional Provisions by agreeing to extend the lifespan of the junta-appointed National Legislative Assembly (NLA) after the promised general election and allow them to morphed into the ad hoc senate until a real senate is selected and appointed by the rules set by the new draft charter.

Source: The Nation - 29 June 2007

Jai Dee · June 29, 2007

Prasong insists draft charter will not state Buddhism as national religion

Prasong Soonsiri, chairman of the Constitution Drafting Committee, said Friday that the draft charter will not enshrine Buddhism as the national religion as demands by monks and Buddhist activists.

The issue, which is one of several points delayed consideration in second reading, is scheduled to be reconsidered Friday.

Prasong said the committee would be ready to explain to the Constitution Drafting Committee why Buddhism could not be stated as the national religion.

Source: The Nation - 29 June 2007

Jai Dee · June 29, 2007

Amnesty for junta wins full support

And new clause enables NLA to act as Senate until upper house picked

Article 299 - the controversial part of the draft charter which grants de-facto amnesty to the military junta for staging the coup - won unanimous backing from the Constitution Drafting Assembly (CDA) yesterday without debate.

The assembly also approved the Transitional Provision Article 288, which terminates the power of both the Council for National Security and the Surayud Chulanont government once a new Cabinet is formed after the election.

The assembly also approved in principle a contentious new clause in the Transitional Provisions.

It agreed to extend the life-span of the junta-appointed National Legislative Assembly (NLA) after the election - to allow it to become part of the ad-hoc Senate until a "real" Senate is selected and appointed under rules set by the new charter.

The decision means members of the ad-hoc Senate, appointed by the junta, will play a crucial role in selecting and approving some members of the so-called independent organisations under the constitution - and possibly even in selecting the future Constitution Court judges.

Details of the wording of the extension and transformation of NLA duties beyond the election will be adopted today.

Reacting to this, Sukhum Nualsakul, former rector of Ramkhamhaeng University, said it was normal to appoint a caretaker Senate during a transition period. The country could not function without legislation due to the lack of a Senate.

"It is only during a transition period. There should be no problem," he said.

But Campaign for Popular Democracy secretary-general Suriyasai Katasila felt the idea was "unacceptable". It could be seen as a power extension for the coup-makers, who appointed the NLA members.

"If we arrange a proper time for the election, we can form both the House of Representatives and the Senate around the same time," he said.

Article 299 was passed in a controversial manner - swiftly and without comment. This was despite the fact some concerned citizens said it would set a bad precedent, that it would make the draft charter undemocratic and spur future coups and the abolition of constitutions.

A few CDA members normally vocal on many issues, such as Chirmsak Pinthong, Karun Sai-ngam and Pichian Amnajvoraprasert, kept silent and gave the article a resounding nod.

Article 299 says: "All that is recognised in the Constitution of the Kingdom of Thailand 2006 (temporary version) is legitimate and constitutional; any associated act and action before or after this Constitution is promulgated shall be deemed constitutional."

Only about 10 articles are left to be approved, although all eyes will be on the issue of whether Buddhism will be recognised by the draft charter as the national religion or not. The reading on the issue is likely to take place today.

Source: The Nation - 29 June 2007

Jai Dee · June 29, 2007

50,000 signatures needed to spark charter changes

The Constition Drafting Assembly (CDA) yesterday adopted Article 282 which will allow no fewer than 50,000 eligible voters to kick-start a motion for a constitution amendment.

The article was first set at 100,000 minimum voters but lengthy bargaining between some CDA members and the Constitution Drafting Committee (CDC) took place before the two parties settled on a compromised figure.

The caveat that citizens who started the process of constitutional amendment could have no further role to play and could not become charter drafters for the purpose led some CDA members to express scepticism as to how effective the article would be in enabling citizens to spearhead the charter amendment process in the future.

Some CDA members like Karun Sai-ngam, a former senator who has extensive experience in gathering signatures for the impeachment of politicians, said it was unrealistic to expect to collect 50,000 signatures. He wanted the threshold lowered to 30,000 or less.

"One would be fortunate to collect 5,000 signatures if some 50,000 people gathered to demonstrate. If a million people protested [in the future], then by that time there would be no need to amend the constitution as they would likely be calling for the nullification of the charter. Do you like it that way?"

CDC secretary Somkid Lertpaitoon insisted however that if the number was pushed lower, the process may be abused by some politicians. In addition,foreign investors may be unsure of the law of the country. He said investors may fear that the market economy might be replaced by something else if an amendment could be made so easily.

CDA member Chirmsak Pinthong said there should be no cause for concern if the figure was lower than 50,000 because the only right that people have is the right to initiate the process and the process is eventually hijacked and abused by legislatures, anyhow.

The CDC refused to allow signatories to play any further role in the process beyond furnishing the legislature with their views.

The same article allows a motion for amendment to be proposed by not less than one-fifth of the total number of existing members of the Council of Ministers or the House of Representatives, or by not less than one-fifth of the total number of existing members of the House of Representatives and the Senate.

The assembly also rejected female CDA members' plea to introduce a gender quota system for local assemblies under Article 275.

Some male CDC members said it would be against the electoral rights of voters if they were forced to elect their representatives with gender parity being enforced. However, none said anything about the fact that the whole assembly had no mandate from the electorate to draft the new charter.

Groups of CDA members from local administrative groups also failed to have the CDA grant local leaders the right to greater participation in the administration of local communities through the introduction of a committee to oversee local administration under Article 273. They complained that policies and projects are still being introduced and carried out in a top-down fashion by provincial governors and district chiefs.

Source: The Nation - 29 June 2007

Mid · June 29, 2007

Amnesty for junta wins full support

comedy hour ?

Jai Dee · June 29, 2007

Subcommittee responsible for gathering public opinions to build network to educate people about charter

The subcommittee responsible for gathering public opinions in Trat province plans to draw in about 30,000 Trat residents to help publicize the constitution draft and referendum.

Mr. Ronachai Suvimolthamakhun, the subcommittee chairman, says his subcommittee is publicizing the charter draft and the constitution referendum speedily, and aims to reach at least 10 percent of Trat’s total population, or about 30,000 people out of 248,000 people in the province. This group of people will act as a network to help the subcommittee in publicizing the constitution draft and referendum to other people. The subcommittee expects at least 70 percent of Trat’s population to take part in the constitution referendum.

The National Legislative Assembly (NLA) meanwhile is almost done with the consideration of the charters’ 299 articles.

Source: Thai National News Bureau Public Relations Department - 29 June 2007

Jai Dee · June 29, 2007

CDA to finalize designation of Buddhism as national religion today

A meeting of the Constitution Drafting Assembly (CDA) today (June, 29th) will be finalizing the designation of Buddhism as the national religion in the new constitution.

During the meeting, Chairman of the Constitution Drafting Committee (CDC) Prasong Soonsiri explained that his opposition to the designation of Buddhism as the state religion was due to the inappropriateness of having religious discrimination in a democratic constitution which must guarantee people’s freedom to religions. He said further that the status of Buddhism in Thailand does not depend on it being the state religion but on Buddhists. The chairman stressed that CDC respects all religions and faiths equally.

The CDA meeting today will be considering more than 10 articles of the new constitution, including articles 2, 37, and 78.

Meanwhile, a monk demonstration in front of the Parliament House affirms it will campaign for Buddhists to boycott the constitution draft if the constitution drafters do not designate Buddhism as the national religion.

Source: Thai National News Bureau Public Relations Department - 29 June 2007

Jai Dee · June 29, 2007

CNS Secretary General believes CDA has no intention of misleading citizens on public opinion survey

The Secretary-General of the Council for National Security (CNS), Gen. Anupong Phaochinda, believes the members of the Constitution Drafting Assembly (CDA) do not intend to mislead or guide the decision of citizens in conducting public opinion surveys.

Gen. Anupong reports on opposition to public relation campaigns by the CDA, aimed at increasing public focus on current public opinion surveys. He affirms that relevant parties will handle the matter accordingly.

Gen. Anupong says he personally believes the CDA has no intention of directing or misleading public opinion, but is merely attempting to encourage public participation in the public opinion survey process. He says the decision of people to participate in the public opinion survey is a personal choice and no officials have the right to influence free will.

The CNS Secretary-General says the Royal Thai Army will play a minor and supportive role in the public survey.

Source: Thai National News Bureau Public Relations Department - 29 June 2007

Jai Dee · June 29, 2007

Prasong vows no national religion

Constitution Drafting Committee chairman Prasong Soonsiri insisted Friday that the CDC will not declare Buddhism as the national religion in the new charter as demanded by some activist groups and monks.

Sqn-Ldr Prasong said the CDC will not change the charter drafted by Constitution Drafting Assembly on this issue.

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