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Govt To Proceed With Charter Amendment


Guest Reimar

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So the rule of law is OK if you like your coalition government.

But not if you like your PM TO BE ABLE TO BREAK THE LAW.

He broke the law, the law is there for good reasons.

PPP will be dissolved because they broke the law.

That law is there ALSO for good reasons.

So, you call me insane?

I see that a MEDIA company

which makes it's money from getting shows on 'government controlled' TV stations

is paying the HEAD of government to host a TV show.

That is CLEAR conflict of interest.

Has NOTHING to do with the show's content; cooking.

In his case it likely was more a a vanity show,

but no less confict of interest, even if it was mostly to stroke his massive ego.

But it ALSO was free political air time he talked about politics as much as he cooked.

I'm not calling you insane :o And I don't like either this coalition government nor the PM.

But there is no conflict of interest. Free political air time cannot be an issue, as if you hold that view, a PM cannot be a guest on a talk show for instance. The fact that he (or his driver) were getting paid is besides the point.

Maybe if he would host the show on Shondhi's channel, it would have been okay...

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Errr...are you kidding me?

Ok, so you would like to amend the rule that people cannot hold another job while being PM.

I'm presuming you are talking about adding some exception clause - or are you talking about a removal of the rule all together? How would the exception clause go do you think?

No I'm not kidding. Either they remove the law, or they amend it in such a way, that a clear conflict of interest has to be proven in order for the PM to have to resign.

The Samak case clearly showed the law is flawed. To great amusement of the international press, where the consensus was one of disbelief and laughter.

You are saying that grown men (and woman), supposedly with degrees, are unable to understand that they cannot have two jobs at the same time while being PM and therefor they should remove the law completely or force the courts to prove there is a conflict of interest? Really? It's a rule kids in a daycare center can understand. The reason it wasn't followed, and the reason your proposed amendment will only make things worse, is that they are always playing against line - or often slightly on the other side of it - to gain advantages.

A simple rule that a 5 year old is much better and relieves the courts from having to deal with 'he said, she said' cases that would drag out for years...ever more so than these already had to do due to appeals.

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Errr...are you kidding me?

Ok, so you would like to amend the rule that people cannot hold another job while being PM.

I'm presuming you are talking about adding some exception clause - or are you talking about a removal of the rule all together? How would the exception clause go do you think?

No I'm not kidding. Either they remove the law, or they amend it in such a way, that a clear conflict of interest has to be proven in order for the PM to have to resign.

The Samak case clearly showed the law is flawed. To great amusement of the international press, where the consensus was one of disbelief and laughter.

Than we have 4 year long fighting at the court without any result.

The law now is good for Thailand. Why didn't Samak simply stop the cooking show?

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^ I don't know to be honest. In the press, it was stated that they were mostly re-runs of shows already recorded, IMHO it doesn't matter, and this case should have been dismissed. The law as it was applied is too rigid.

And I doubt the law is good for Thailand, as it only states that the PM has to resign, and then subsequently can come right back. So even if there was a clear conflict of interest, he technically would be able to come back. If you want the law to be effective, surely there should be a certain period in which said person cannot hold the job of PM.

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No conflict of interest eh.

An example or two of definition in practice.

U.S. Department of Labor photos representing the workforce - digital imagery? copyright 2001 photodisc, inc.

Occupational Safety & Health Administration

• Part Number: 2202

• Part Title: Rules of Ethics and Conduct of Review Commission Employees

• Subpart: C

• Subpart Title: Outside Interests, Employment, Business and Professional Activities

• Standard Number: 2202.11

• Title: Conflict-of-interest laws.

Sections 201 through 209 of title 18, United States Code, prohibit and provide criminal penalties for certain acts by Government employees involving conflict-of-interest situations, including limited exceptions for special Government employees. These provisions include the following prohibitions:

2202.11(a)

Section 203, in general, prohibits a Federal employee from soliciting, receiving, or agreeing to receive compensation for services rendered on behalf of another before a Government department or agency in relation to any particular matter in which the United States is a party or has a direct and substantial interest.

2202.11(:o

Section 205, in general, prohibits a Federal employee from acting as agent or attorney for prosecuting any claim against the United States or acting as agent or attorney for anyone before any Federal courts or agencies in connection with any particular matters in which the United States is a party or has a direct and substantial interest. It also prohibits him from receiving any gratuity, or any share of or interest in any claim against the United States in consideration of assistance in the prosecution of such claim.

..2202.11©

2202.11©

Section 208, in general, prohibits a Government employee in his official capacity from participating personally and substantially through decision, approval, disapproval, recommendation, the rendering of advice, or otherwise in any particular matter in which, to his knowledge, he, his spouse, minor child, partner, organization in which he is serving as officer, director, trustee, partner, or employee or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment has a financial interest. In accordance with the provisions, of section 208(:D(2), the financial interests described below are hereby exempted from the prohibition of 18 U.S.C. 208 as being too remote or too inconsequential to affect the integrity of an employee's services in a matter: The policy holdings in an insurance company and the stock or bond holdings in a mutual fund, investment company, or bank which owns an interest in an entity involved in the matter: Provided, that in the case of a mutual fund, investment company, or bank the fair value of such stock or bond does not exceed 1 percent of the value of the reported assets of the mutual fund, investment company, or bank. In addition, the prohibitions of section 208(a) shall not apply if the employee obtains advance clearance in accordance with the requirements of section 208.

2202.11(d)

Section 209, in general, prohibits regular Government employees from receiving salary or supplementation of salary as compensation for their Government service from any source other than the United States. The statutory provisions described in this section are intended to call each employee's attention to problem areas and are not intended as a comprehensive description or interpretation of statutory prohibitions or the exceptions thereto. Employees who need guidance concerning the scope and application of the conflict-of-interest laws and their execution should consult the Chairman.

Next Standard (2202.12) Next Standard (2202.12)

And from the UN

2.15 Conflict of Interest Laws

Introduction

To avoid any corruption that may erupt due to a conflict of interest in which private interest may influence a public decision, it has been found useful to provide the legal framework for disclosing such private interests beforehand. Appropriate enforcement measures are also necessary to reinforce transparency and good governance. These laws should necessarily include provisions related to financial or asset disclosure, exploitation of one’s official position, regulation of campaign practices and public records, and open meetings requirements. Additionally, these laws should govern the conduct of those who seek some form of access to or influence in the government decision-making entity. It is important to bear in mind, however, that such laws are only as effective as the penalty provisions specified within them and their enforcement.

Purpose

*

To ensure transparency and ethical conduct by government employees and officials

by removing the temptation or the opportunity to engage in corruption.

*

To establish transparent frameworks for government officials with respect to decision-making processes especially, financial decisions.

*

To promote disclosure of private, personal and political interests by government officials and personnel.

*

To protect officials from any undue suspicions and instil public trust and citizen confidence in the administration of government.

*

To construct parameters by which those seeking business from or access to government are subject to certain ethical standards as well.

*

To limit undue influence through post-government employment restrictions.

*

To create mechanisms to sanction and/or reprimand violators of such laws.

Linkage to Transparency

Conflict of Interest Laws certainly promote transparency norms in principle; often though, realising such norms is challenging. There are specific ways, however, by which conflict of interest laws can promote transparency. For instance, the requirement that elected and appointed officials and other government personnel file financial disclosure forms, also referred to as statements of economic interest, which are subject to public inspection, is a cornerstone for transparent governance. Since these disclosure forms are legal documents; persons submitting fraudulent information are subject to criminal or civil sanctions. Inclusion of appropriate enforcement measures ensures that violations of such laws are punished. It is imperative, of course, that the enforcement mechanisms too reflect due process, i.e., that they are fair and transparent.

How It Works: The Key Elements

Creation: Conflict of Interest Laws can be part of national legislation or can be part of the municipal ordinances to be observed by the local authorities. The drafting of such legislation needs to reflect careful deliberation and public participation. Governments can begin by conducting surveys to determine the core values and concerns of the community and government employees, and identifying the most pressing problems.

The final document needs to be as clear as possible on intentions, legal structures and definitions. Some of the key aspects that a Conflict of Interest Law could provide for are as follows:

*

Training and education for public servants to enhance understanding of the conflict of interest laws.

*

Financial disclosures rules/guidelines.

*

Mechanisms for complaints and investigations.

*

Clear guidelines for prohibited interest and conduct including divesting of interest or disclosure of interest by public servants.

*

Post-employment restrictions on former public servants.

*

Clear penalties for those violating the provisions of the laws, as well as provisions to review the law from time to time to take care of any loopholes and gaps that may exist.

Application: The officials may be required to proactively identify personal interests that may conflict with their work either as part of the terms of employment or as and when the conflict arises. Officials may be removed from positions of influence to protect the public interest. The application of the Conflict of Interest Laws could be overseen either by the legal Office within the municipality/local government, or by an independent Commission or Board (see Box 37).

Management: The organizational structures may need to be sufficiently decentralised to ensure that enough independent officials are available to make decisions in the public interest if some officials have to be excluded.

Media company pays head of government to work.

ANY amount is still illegal.

Edited by animatic
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Speaking of 'vote buying' .....John McCain has said that he will give a $5,000 tax break to every American. His spin doctors quickly qualified that as "$5,000 tax break to every middle class American family." ....either way, it stinks of vote buying.

A note about Thai campaigns leading up to elections. Let's hope Thais learn something from the US political system as regards open debates and discussing issues. A Thai political campaign has very little of those things.

One reason is Thai political candidates don't want to show their ignorance by being stuck in an unscripted venue like an open forum or a debate. Perhaps a bigger reason is the crazed propensity for big shot Thais to sue each other. If one candidate said anything slightly disparaging about an opponent, there could be a giant lawsuit instigated right away. On a personal level, Thais are very sensitive to the slightest criticism, and it only gets more pronounced as one goes up the social/power ladder.

Thais learned the lawsuit craze from Americans, then took it ever crazier levels. Even HM The King chastized VIP Thais for over doing lawsuits in one of his addresses to the country. It was a thinly veiled dig at then-PM Thaksin. A chastened Thaksin lightened up for a few months, then went back to his old sorded ways of slapping lawsuits on anyone who said anything unflattering about him.

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Speaking of 'vote buying' .....John McCain has said that he will give a $5,000 tax break to every American. His spin doctors quickly qualified that as "$5,000 tax break to every middle class American family." ....either way, it stinks of vote buying.

A note about Thai campaigns leading up to elections. Let's hope Thais learn something from the US political system as regards open debates and discussing issues. A Thai political campaign has very little of those things.

One reason is Thai political candidates don't want to show their ignorance by being stuck in an unscripted venue like an open forum or a debate. Perhaps a bigger reason is the crazed propensity for big shot Thais to sue each other. If one candidate said anything slightly disparaging about an opponent, there could be a giant lawsuit instigated right away. On a personal level, Thais are very sensitive to the slightest criticism, and it only gets more pronounced as one goes up the social/power ladder.

Thais learned the lawsuit craze from Americans, then took it ever crazier levels. Even HM The King chastized VIP Thais for over doing lawsuits in one of his addresses to the country. It was a thinly veiled dig at then-PM Thaksin. A chastened Thaksin lightened up for a few months, then went back to his old sorded ways of slapping lawsuits on anyone who said anything unflattering about him.

It has most to do with the fact that slander or libel is a criminal not civil offence. it is a very very serious issue. Now that is one law that should definitely be changed.

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  • 2 weeks later...

PPP to hold meeting on CDA establishment

The ruling People Power party (PPP) has scheduled a special meeting today (November 3) to review framework of the proposed establishment of the Constitution Drafting Assembly (CDA).

PPP interim spokesman Lt.Kuthep Saikrachang (กุเทพ ใสกระจ่าง) revealed today that the meeting will be held today to discuss the Constitution amendment. It will also review the establishment framework of the CDA as suggested by the government. Minister Attached to the Prime Minister's Office Sukumpong Ngonkum (สุขุมพงศ์ โง่นคำ) who acts as chairman of the Article 291 Amendment Committee would attend the PPP meeting and exchange ideas on the matter, the spokesman said.

Lt.Kuthep stated that political party members should be allowed to take part in the CDA expected to be comprised of representatives of various groups of the society.

Source: National News Bureau of Thailand - 03 November 2008

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Draft of revised charter to reach House Speaker by next week

The Government Whip Chairman has revealed that the draft of the amended Article 291 of the Constitution has been completed and will be forwarded to the House Speaker next week.

Government Whip Chairman Witthaya Buranasiri stated that the revised Article 291 which addresses the establishment of a Constitution Drafting Assembly has been completed.

Minister attached to the Prime Minister's Office Sukhumpong Ngonkham, who heads the amendment drafting committee has been tasked with clarifying the matter to all political parties and is scheduled to meet with the People Power Party this afternoon. The draft will be reviewed and endorsed by the Lower House before it is submitted to the House Speaker next week.

Witthaya stated that the prime minsiter will clarify the revised Article 291 to leaders of the coalition parties by himself. Their decision on the charter amendment is expected to be finalized on November 5th. The House Speaker will then be able to make the issue an agenda for the House of Representative's meeting where MPs will once again be allowed to adjust the draft as they see fit.

- ThaiNews / 2008-11-03

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Government ready to start constitutional amendment

Chief Government Whip Witthaya Buranasiri said on Monday morning that the government has completed the draft of proposed amendments to Article 291 of the 2007 Constitution, and it will be submitted to House Speaker Chai Chidchob this week. Article 291 limits constitutional amendments to Parliament, and the proposed change would pave way for the establishment of a new charter drafting assembly. Prime Minister’s Office Minister Sukhumpong Ngonkham, who chairs the constitution drafting committee, will explain the details of the draft to each political party before forwarding it to the House Speaker, according to Witthaya, beginning with the ruling PPP on Monday afternoon. The Chief Government Whip said PM Somchai will also discuss the charter amendments with the coalition parties on Wednesday, and the House Speaker is expected to include it in

Continued here:

http://www.bangkokpost.com/breaking_news/b...s.php?id=131797

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Speaking of 'vote buying' .....John McCain has said that he will give a $5,000 tax break to every American. His spin doctors quickly qualified that as "$5,000 tax break to every middle class American family." ....either way, it stinks of vote buying.

A note about Thai campaigns leading up to elections. Let's hope Thais learn something from the US political system as regards open debates and discussing issues. A Thai political campaign has very little of those things.

One reason is Thai political candidates don't want to show their ignorance by being stuck in an unscripted venue like an open forum or a debate. Perhaps a bigger reason is the crazed propensity for big shot Thais to sue each other. If one candidate said anything slightly disparaging about an opponent, there could be a giant lawsuit instigated right away. On a personal level, Thais are very sensitive to the slightest criticism, and it only gets more pronounced as one goes up the social/power ladder.

Thais learned the lawsuit craze from Americans, then took it ever crazier levels. Even HM The King chastized VIP Thais for over doing lawsuits in one of his addresses to the country. It was a thinly veiled dig at then-PM Thaksin. A chastened Thaksin lightened up for a few months, then went back to his old sorded ways of slapping lawsuits on anyone who said anything unflattering about him.

A sure sign of desparation.

I think 'Palinasia' should become a verb for shooting yourself in the foot.

You're not terminally ill, but you kill your chances big time.

Edited by animatic
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...........edit.........

That leaves us back to the original fight change the constitution to assist Thaksin and the 111 versus sto[p it happening. This is now in the open. Quite how it will play out who knows but one thing is for sure unless there is an unexpected late deal or one side unexpectedly capitulates or one side is suddenly deserted by significant backers it will likely end very nastily.

all imho of course

With the proposed amendment of 291 they are going to put the power to do what ever they wish back into theirhands!

First step, next will be some move against PAD, next amnesty to their kin'...done!

They will have to, did the master mention on saturday already "with the help of the Power of the People = PPP!

:o

It's what they are in there in the first place...and what it is all up to!

and yes of course imho!

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First, thanks to Jai Dee for sliding my posts above from other threads yesterday into this one...the appropriate topic-related one that I had forgotten about. :o

Secondly, we're going back to Oct. 7th...

PAD may blockade parliament if government decides to amend charter

BANGKOK, Nov 3 (TNA) - The anti-government People’s Alliance for Democracy (PAD) said on Monday evening it might blockade Parliament again if the government decided to proceed with a constitution amendment.

PAD coordinator Suriyasai Katasila said the PAD would discuss the possibility of its strategy to march on Parliament again. The move came after the ruling People Power Party (PPP) announced it would propose constitution amendment on article 291 on November 12 and 13.

Acting PPP spokesman Kuthep Saikrajang said the proposed amendment would pave the way to form the Constitution Drafting Assembly with 120 members, to draft the constitution.

“Now we have enough support to propose for the amendment, which will be proposed to parliament next week,” said Mr. Kuthep.

The acting ruling party spokesman said he believed this would be the best solution to end the political conflict despite disagreement from some senators and the opposition party.

“If it is possible, the government should stop trying to form the Constitution Drafting Assembly because it would create more problems and aggravate the conflict,” said Mr. Abhisit Vejjajiva, the opposition Democrat Party Leader.

Edited by sriracha john
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getting ready to cycle back to Oct. 7th...

Somchai says government remains in full support of new CDA

Prime Minister Somchai Wongsawat said Tuesday that the government remains in full support of the establishment of a new charter drafting assembly.

But he said the matter would be spearheaded by the Parliament President, not the government.

"We will simply provide cooperation to the Parliament president as he has scheduled a meeting," Somchai said.

- The Nation / 2008-11-04

=============================================

Parliament President AND People Power Party MP Chai Chidchob (proxy of banned-from-politics Newin Chidchob) can pretty much be characterized as being a major part of "the government"... even if Somchai says he isn't...

Edited by sriracha john
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Thai Prime Minister Vows To Press On With Charter Amendment

Thai Prime Minister Somchai Wongsawat vowed Tuesday to press ahead with a controversial charter amendment despite fears of further clashes with antigovernment protesters.

Six parties of the ruling coalition were scheduled to meet on Wednesday to discuss setting up a drafting body for an amended constitution to replace the one put in place by the military after its 2006 coup.

"I want the amendment to go ahead but I have to listen to the majority and I respect other ideas," Somchai told reporters before attending the weekly cabinet meeting.

Somchai's People Power Party is seeking a return to the People's Constitution, which preceded the military charter. That charter provided for a fully elected upper and lower house, which opponents of the government say would only serve to entrench its populist power base.

Antigovernment protesters want more politicians appointed, as they say that would ensure they are ruled by representatives from across Thai society.

Protesters took to the streets in May to voice their opposition to the charter amendment and have remained there since, occupying the main government offices since mid-August.

Source: AFP - 04 November 2008

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At least 50 senators support charter amendment

Ratchaburi Senator Kecha Saksomboon said Tuesday that at least 50 senators would support an amendment to Article 291 of the Constitution to pave way for an establishment of a charter drafting assembly.

Kecha said these senators would sign their name to support a motion to amend the article once MPs initiate such a motion.

Source: The Nation - 04 November 2008

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Lets be blunt. The govo might just as well whip out their specially designed and Thaksin approved constitution and put it straight to a vote. That would spare us all the waste of energy in going through the charade of some specially selected CDA and blah blah just to get us to the point of putting the specially designed and Thaksin approved constitutuion before the parliament at a much later date. It would also save a lot of time and money and would leave less time to wait to see if the bureacracy will accept the specially designed and Tahksin approved constitution or will launch some kind of coup or something. We may as well stop all the messing around and smoke and mirrors and and just cut straight to the chase now. This whole thing is gettin kinda boring.

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Its nice of you all to stick to the topic, isnt it called trolling and against forum rules. hmmm I guess not. Talking about movies instead of contributing anything worthwhile I see. On the bright side more and more senators are supporting Charter amendments so all is good and hopefully this disgraceful military drafted charter gets replaced soon with something decent.

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Its nice of you all to stick to the topic, isnt it called trolling and against forum rules. hmmm I guess not. Talking about movies instead of contributing anything worthwhile I see. On the bright side more and more senators are supporting Charter amendments so all is good and hopefully this disgraceful military drafted charter gets replaced soon with something decent.

Which articles of the constitution would you like to see changed and what change to them would you like to see?

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Democrats urge for a delay on charter rewrite

The political turmoil will intensify if the government insists on pushing to amend the Constitution at this juncture, Democraty Party secretary general Suthep Thuagsuban said on Wednesday.

"The people cast doubt that the charter rewrite might not be for improving the political system but for self-serving gains," he said.

Suthep said the government should postpone the debate on charter amendments in order to avoid inflaming the social divisions.

Source: The Nation - 05 November 2008

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Deputy House Speaker comments on PPP decision to postpone amendment to Constitution Article 291

The Deputy House Speaker has expressed his opinion that it may help alleviatiating prevailing political tensions if the Government postpones proposed amendment of Constitution's article 291.

Deputy House Speaker Gen Apiwan Wiriyachai (อภิวันท์ วิริยะชัย) commented today (November 5) that the ruling People Power party (PPP)'s decision to delay further action on amending Constitution's article 291 was a positive event as it may help alleviating political tensions. Amendment of the article would allow for the establishment of the proposed third Constitution Drafting Assembly that opposing groups view would serve as a tool for the current administration.

As for PPP's petition to request a royal pardon for former Prime Minister Pol Lt Col Thaksin Shinawatra, Genl Apiwan stated that it was the discretion of the individual MPs, and not the party's policy.

Source: National News Bureau of Thailand - 05 November 2008

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6 parties support charter amendment

Leaders of six coalition parties on Wednesday night (November 5) agreed to amend Constitution through establishment of the third Constitutional Drafting Assembly (CDA).

Prime Minister and Minister of Defence, Mr. Somchai Wongsawat, on Wednesday night invited leaders of six coalition parties to attend a dinner to consult on proposed amendment of the Constitution at a down town hotel in Bangkok.

Leaders of coalition parties, including Gen Chettha Thanajaro, Ruamjai Thai Chart Pattana party leader, Mr. Charnchai Chairungruang, Puea Pandin party acting leader, Pol Gen Pracha Promnok, Puea Pandin party chairman, Mr. Man Pattanotai, Puea Pandin deputy leader, Mrs. Anongwan Thepsuthin, Matchima Tippatai leader, Pol Lt Col Banyin Tungpakorn , Matchima Tippatai deputy leader, Mr. Sanoh Thienthong, Pracharaj leader, Mr. Somsak Prisananuntagul, Chart Thai party deputy leader, and Mr. Nikorn Chamnong, Chart Thai party deputy leader, were seen attending the Chinese foods’ dinner.

Mr. Somchai told reporters after the dinner that all the six coalition parties unanimously agreed to let general public to participate in the proposed amendment of the Constitution.

He added that the proposed establishment of the third CDA was the best solution for the amendment which would be more than one article as it would be a key to allow general public nationwide to be members of the third CDA. All political parties would join the charter amendment.

Earlier, a number of MPs from the coalition parties said that the amendment would concentrate on article 291.

The premier also said that timing for the amendment depended on all parties’ consideration.

Source: National News Bureau of Thailand - 06 November 2008

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PM not aware charter amendment potentially on hold

Prime Minister Somchai Wongsawat has stated that he was not made aware of rumors that the charter amendment being sought by his administration may be put on hold.

PM Somchai stated that all sides involved in the matter would have to agree whether the charter amendment should be postponed, reminding that the parliament is heading the effort and the government is only one fourth of the entire body seeking the amendment. He stated that the government's main focus is on the establishment a third generation Constitution Drafting Assembly (CDA) which it hopes to be reviewed by the parliament next week.

Mr. Somchai conceded however that the issue's entrance into the parliament would be the decision of the House Speaker and was confident the House Speaker would call on another meeting on the matter. He declined to comment on the People's Alliance for Democracy's reaction after the revised charter is submitted to the parliament.

Source: National News Bureau of Thailand - 06 November 2008

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