Draft Constitution 2007

[george]

The 2007 Draft Charter (Full Text)

BANGKOK: -- For the first time in history, Thais will go to vote in a referendum on a new Constitution on August 19. The government and other organisations are campaigning for people to exercise their right to vote, no matter yes or no.

Meanwhile, certain other groups are encouraging people to vote no.

The Nation online is providing our readers with details of the new charter from the Constitution Drafting Committee's website, so that they can make their own decisions whether to vote yes or no.

--The Nation 2007-07-31

Download (not final) english version (PDF format) below:

Draft_constitution_2007.pdf

Thai version (Final):

Draft_constitution_2007_Thai.pdf

[Mid]

as an aside is there anyone on Samui who's seen a physical copy as supposed to be delivered nation wide ???

Edited July 31, 2007 by Mid

[womble]

No, even if they do arrive, the time to study it is insufficient.

[aaaaaa]

here is the good promise from a good fella, although with some "buts":

Sonthi says CNS to use 1997 charter if new draft shot down

"He said not the entire 1997 charter would be adopted but some points would be picked and some modifications would be made"

[Mid]

Sonthi says CNS to use 1997 charter if new draft shot down

the news is old , why they chose to repeat it today is a mystery ???

[aaaaaa]

may be to entice more people for more participation in Vote .... like - don't worry, we just want to make sure that Elections would be in time...

[george]

Provincial governors educating public on draft charter

BANGKOK: -- Flags, stickers and, of course, books on the 2007 draft constitution are being distributed to provincial governors Tuesday to be used to educate the public regarding the draft charter and to encourage eligible voters to cast their ballots in favour of the draft charter in the national referendum August 19.

The educational materials on the charter will be distributed to the public nationwide and will explain to them why the constitution should be passed in the referendum.

The Council for National Security and the interim government of Prime Minister Gen. Surayud Chulanont have said that one of the kingdom’s previous constitutions would be used if the electorate rejects the draft charter.

Without a constitution in place, the general election set to be held in November or December cannot be conducted.

Chiang Mai governor Vichai Srikwan said after reviewing the promotional materials, including booklets and flags, that portions of the draft charter were difficult to understand and it was necessary to summarise vital points to the people and make them, especially for ethnic minorities, to understand the draft better.

He said he expected that at least 60 per cent of eligible voters in his province would vote on that day.

Saeree Nimayu, chairman of civic organisation listening to public opinion on the draft in the southern province of Narathiwat, said after presenting materials to the governor that the major problems facing the province were time constraints and the fact the most of the public in the province used the Malay language and it was difficult for them to fully understand the draft charter in Thai.

--TNA 2007-07-31

[aaaaaa]

right now on TiTV (no worries whether this news is legal or not: now TiTV is under direct control of PM's office ! ) they show an interview with fellow Chalad Worachat, sitting inside a cage where he has imprisoned himself in protest of this new charter. he explains at length how only '97 Constitution was THE ONLY "People's Constitution" and the currently trumpeted new charter is very different, and that IF new Constitution will be approved, he'll continue his self-imprisonement.

since I couldn't find latest fresh news on both Nation and Bkk Post (may be tomorrow), here I provide reference to some other article, never mind 7 years old :

Chalad Worachat is at it again...

His first high-profile public fast, in 1992, helped ignite the protests that brought down the country's last military dictatorship. His hunger strike in 1994 helped spark a movement that brought about a new reform constitution. Now Chalad is demanding that Prime Minister Chuan Leekpai and his "capitalist dictatorship" go.

Once again, Chalad seems to have his finger on the pulse of the nation.....

"Things won't be better after the election because we don't have real choices. None of these politicians has answers," Chalad says. Voters may grant him Chuan's ouster this December. But he'll probably have reason to go on another hunger strike soon enough.

7 years later, same things can be said: Chalad Worachat is at it again... and he feels the same way that "Things won't be better after the election" !

he is mentioned in:

http://en.wikipedia.org/wiki/Chalard_Worachat

http://en.wikipedia.org/wiki/List_of_acade...6_Thailand_coup

oh, and BTW as I recall Chuan was praised a lot as Democrats PM - apperently his government wasn't so much better...

[A_Traveller]

Oh come on now, the guy above is famous for somehow expanding his girth as he hunger strikes.

His bile last time was aimed as much at the I.M.F. than at the government of the day.

His actions have been noted herein a few times recently.

Regards

[jumnien]

The gist of the constitution as i see it is that future Prime Ministers and Senators will be addressed with the honorific title "General".

[richard10365]

Chapter 3, Part 7, Section 45, Paragraph 6.

The owner of any newspaper or other mass media shall be a Thai national.

How would this rule affect any English language periodicals based in Thailand currently under foreign ownership?

[richard10365]

Chapter 3, Part 8, Section 48, Para 1

A person shall have equal rights to basic education of not less than 12 years, which the State shall provide widely and with quality without charges.

Does this imply that all children regardless of their grades, will go on to M6 instead of some stopping at M3 because of low test scores?

What affect will this have on the current educational system here in Thailand?

Perhaps this question should be moved to the "Teaching in Thailand" forum.

Edited August 1, 2007 by richard10365

[richard10365]

Chapter 4, Section 71

This section seems a bit odd.

Every person has a duty to exercise their right to vote in an election or in a referendum.

Whoever fails to vote without giving a reasonable cause of such failure may keep or lose the right to vote as provided by the law.

The notification of the cause of failure to vote in an election or in a referendum and the provision of facilities to vote thereof shall be in accordance with the provisions of the law.

I'm not exactly sure what this is saying?

[dominique355]

Here are two Sections of the Constitution, which in my opinion are in very sharp contradiction:

Section 30.

All persons shall be equal before the law and shall enjoy equal protection under it.

Females and males shall enjoy equal rights.

It is prohibited to unjustly discriminate a person on grounds of place of birth, race, language, sex, age, physical conditions or health, economic or social status, religious belief, education and training, or political views which do not contravene the provisions of this Constitution.

Section 96:

A person having the following characteristics on the election date is not permitted to vote:

(1) Being a monk, novice, Brahmin priest, or clergyman,

Can some explain to me the reason for monks and other religiously engaged people being excluded from voting? Does that exclusion also apply to e.g. a Christian priest or a Muslim equivalents (don't know their name)?

Do we here have the explanation for the reason why

- the Buddhist priest wanted the Constitution to explicitly mention Buddhism as Thailand's religion

- there is a revolt in the South (at least one of the reasons) ?

I also wonder if the different admission fees for Thais and farangs to State owned places (Grand Palace) are in breach of the Constitutional rights.

Edited August 1, 2007 by dominique355

[aaaaaa]

Oh come on now, the guy above is famous for somehow expanding his girth as he hunger strikes.

His bile last time was aimed as much at the I.M.F. than at the government of the day.

His actions have been noted herein a few times recently.

Regards

so, are you trying to say that since this guy is such and such (not reliable/ trustworthy source of criticism) - then it WILL be better after Elections, and that new upcomng Constitution is so good, as advertised by government?

whatever he is, I think he is only one example of many people who disagree with accepting new charter and all related matters... and THAT is real issue - not his credibility. isn't it?

[Ijustwannateach]

Please refrain from speculation, however well-intentioned, regarding provisions of these documents that pertain to the Royal Family.

[Mid]

Ceiling 'won't stop big backers'

Meechai: Better to keep funding above board for transparency

Published on August 5, 2007

snip

In another development, the deputy chief of the junta's secretariat called for the allocation of parliamentary seats to soldiers, saying this would be an effective measure to prevent future coups.

"The constitution should involve the military in order to prevent any more intervention," said General Pasit Sonthikhan.

Pasit said Burma and countries in Africa set legislative quotas for soldiers, and Thailand should emulate these nations by setting aside seats in the House and the Senate for commanding officers.

He asserted that the September 19 coup had occurred because the ruling party held grudges against the military.

"Hard-pressed, soldiers reacted the way they knew how. The coup inflicted huge damage - in the billions of baht - and a suspension of democracy. This would not have happened if soldiers had a role in politics," he said.

nationmultimedia.com

[nickbk]

Chapter 4, Section 71

This section seems a bit odd.

Every person has a duty to exercise their right to vote in an election or in a referendum.

Whoever fails to vote without giving a reasonable cause of such failure may keep or lose the right to vote as provided by the law.

The notification of the cause of failure to vote in an election or in a referendum and the provision of facilities to vote thereof shall be in accordance with the provisions of the law.

I'm not exactly sure what this is saying?

It is already the case in the current constitution. In Thailand, Vote is not a right, it's a duty. Failling to go to vote is a punishable offence unless you can justify it with a very good reason.

The punishment can be: suspention of your voting rights, uneligibility to any public position, or even immediate lay-off if you are a government official. (and certainly a few more point that I didn't hear of.

[Mid]

Poll: Urbanites haven't read draft constitution; others unclear

Sunday 5 August 2007 05:27:48 PM (GMT+7:00)

Most residents of Thailand's major cities, including Bangkok, have not yet read the draft constitution although the national referendum for the draft document will be held only two weeks from now, according to a Bangkok University poll.

MCOT Public Company Limited

[joskydive]

Section 30.

All persons shall be equal before the law and shall enjoy equal protection under it.

Females and males shall enjoy equal rights.

It is prohibited to unjustly discriminate a person on grounds of place of birth, race, language, sex, age, physical conditions or health, economic or social status, religious belief, education and training, or political views which do not contravene the provisions of this Constitution.

I also wonder if the different admission fees for Thais and farangs to State owned places (Grand Palace) are in breach of the Constitutional rights.

Why are we still not allowed to own land then or even a condo that has it's maximum 49% foreign ownership already? Is this unjust discrimation or am I reading this the wrong way?

[TAWP]

Why are we still not allowed to own land then or even a condo that has it's maximum 49% foreign ownership already? Is this unjust discrimation or am I reading this the wrong way?

As a farang you don't go under male or female, but 'other'.

[SNGLIFE]

"It is prohibited to unjustly discriminate a person on grounds of..."

ROFLMAO...so discrimination is legal if it is done justly....ROFLMAO

[AGareth2]

Men and women have the same rights?

Does that mean a foriegn spouse can get Thai nationality on marriage?

[Plus]

Yes, in theory, and it has always been so.

Thais has successfully argued this case in some international foum already, it's just that in practice it's far more difficult for a man married to a Thai woman, but it's not prohibited by law.

[MrSnrang]

How is this any different from the old one?

[Mid]

How is this any different from the old one?

1/2 the Senate is appointed NOT elected ,

just for starters .

good morning ...................................

[hammered]

Section 30.

All persons shall be equal before the law and shall enjoy equal protection under it.

Females and males shall enjoy equal rights.

It is prohibited to unjustly discriminate a person on grounds of place of birth, race, language, sex, age, physical conditions or health, economic or social status, religious belief, education and training, or political views which do not contravene the provisions of this Constitution.

I also wonder if the different admission fees for Thais and farangs to State owned places (Grand Palace) are in breach of the Constitutional rights.

Why are we still not allowed to own land then or even a condo that has it's maximum 49% foreign ownership already? Is this unjust discrimation or am I reading this the wrong way?

Not sure about 2007 but 1997 explicity stated that the constitution provided the protections for Khon Thai. That left foreigners arguing that it was the rights of a spouse that were infringed by prohibitions on what a foreigner could do, which is a more difficult arguement to make even if you want to try. One major change, however, was that it meant the Thai wife could no longer be barred from buying land if she married a foreigner legally.

[Mid]

Judges 'have integrity'

Published on August 7, 2007

There's no need to worry about the role of judges in the selection of senators and members of independent organisations as provided for under the draft constitution, Supreme Administrative Court president Ackaratorn Chularat told the media yesterday.

In a move to calm concerns that the judiciary could be politicised if top judges played a role responsible for the selection of half the Senate members, Chularat said that judges are honest and have integrity.

"Whether we will be [successfully] lobbied [by various interest groups] or not is up to our conscience and soul as judges. We have been cultivating [our integrity]," Ackaratorn explained. "We don't know if it [the new idea] will bring good results or not, but if we're mandated by the constitution then we will have to do our best."

snip

Pravit Rojanaphruk

The Nation

[slimdog]

How is this any different from the old one?

1/2 the Senate is appointed NOT elected ,

just for starters .

good morning ...................................

Interesting snippet from Todays edition of The Nation:

Judges 'have integrity'

There's no need to worry about the role of judges in the selection of senators and members of independent organisations as provided for under the draft constitution, Supreme Administrative Court president Ackaratorn Chularat told the media yesterday. Published on August 7, 2007

In a move to calm concerns that the judiciary could be politicised if top judges played a role responsible for the selection of half the Senate members, Chularat said that judges are honest and have integrity.

"Whether we will be [successfully] lobbied [by various interest groups] or not is up to our conscience and soul as judges. We have been cultivating [our integrity]," Ackaratorn explained. "We don't know if it [the new idea] will bring good results or not, but if we're mandated by the constitution then we will have to do our best."

Asked if the judiciary would lose its impartiality or balance, Ackaratorn quickly replied: "It won't be that bad."

Not all are convinced, however. At a symposium yesterday organised by the September 19 Network Against Coup d'Etat, former senator and NGO leader Jon Ungpakorn warned of the negative repercussions of giving judges political tasks.

"What will happen is that the judges will be bought," he said.

Senators ought to be elected by the people, he said.

"It reflects a mistrust of the people. What will follow is hidden deals which will open the way for powerful people to secure seats [in the upper House]."

Ackaratorn said that though judges are not elected by the people, the top judges have to be approved by the Senate before they are appointed, and as such indirectly represented the will of the people.

But when asked how there could be checks and balances when half of the Senate, which will scrutinise the appointment of top judges, is appointed by judges to begin with, Ackaratorn answered: "We must trust and see if they're honest or not."

Pravit Rojanaphruk

source: http://www.nationmultimedia.com/2007/08/07...cs_30044024.php

It must also be noted that the last time the Judges had to pick people for an Independant Organisation (Election Commission), their first choice was Wicha Mahakhun who famously went on to say "We all know elections are evil". Whilst he didn't become a Commissioner, he is now Constitution Drafting Committee deputy chairman, and is currenlty re-drafting the Organic laws on The Election Commission, Political Parties and the Election of Representatives of the house Representatives and Senate..

[rychrde]

This all seems so amazingly undemocratic, and yet poor backward Britain has unelected House of Lords, that includes Law Lords, and is the highest court of appeal.

"Remaining impartial

Law Lords can speak and vote in the House, but rarely do so because as judges they must be seen to be impartial and avoid party politics. They could disqualify themselves from sitting on appeals if they expressed an opinion on a matter that then became the subject of an appeal.� " from www.parliament.uk

From what I can see, the only article worth a satang in this constitution is the protocol to amend this shoddy document.

rych