Thai Cabinet Endorses Charter Amendment

[webfact]

Cabinet Endorses Charter Amendment

BANGKOK: -- The Cabinet endorses the draft amendment of the Constitution's Article 291 to make way for the formation of the charter drafting body.

Prime Minister Yingluck Shinawatra said the Cabinet meeting today approved the planned amendment of the Constitution’s Article 291 for the establishment of a Constitution drafting assembly to take charge of writing the new charter.

Yingluck stated the drafters will come from elections in which every province elects one member to the assembly, making up 77, while the Parliament will select the remaining 22.

The prime minister remarked the charter amendment is among the administration's urgent policies.

She said the resolution today was from concerns that the revision proposed by a civic group may not be put onto the House's meeting agenda so the government has to exercise its right to proceed with the matter on its own.

Yingluck then maintained the government will not intervene in the drafting process and insisted the move is not to benefit fugitive former premier and her brother Thaksin Shinawatra.

She then remarked a national referendum on the draft charter should be organized.

Deputy Prime Minister Chalerm Yoobumroong said he cannot promise all 99 members of the charter drafting assembly will be accepted by society.

Chalerm suggested the entire amendment process should be concluded in 180 days.

Chalerm said if the draft charter fails to win the national referendum, Article 291 will again be rewritten and approval will be needed from one-third of the Lower House members.

He maintained the amendment is not for the benefit of Thaksin and said the Democrat Party is allowed to carry out a campaign to express disapproval against the government's move.

-- Tan Network 2012-02-13

[rubl]

Unofficial translation

CONSTITUTION OF THE KINGDOM OF THAILAND,

B.E. 2550 (2007)

FOREIGN LAW BUREAU

OFFICE OF THE COUNCIL OF STATE

www.krisdika.go.th

www.lawreform.go.th

© 2007

Section 291. An amendment of the Constitution may be made only under the rules and procedure as follows:

(1) a motion for amendment must be proposed either by the Council of Ministers or members of the House of Representatives of not less than one-fifth of the total number of the existing members of the House of Representatives or members of both Houses of not less than one-fifth of the total number of the existing members thereof or persons having the right to votes of not less than fifty thousand in number under the law on the public submission of a bill;

A motion for amendment which has the effect of changing the democratic regime of government with the King as Head of State or changing the form of State shall be prohibited;

(2) a motion for amendment must be proposed in the form of a draft Constitution Amendment and the National Assembly shall consider it in three readings;

(3) the voting in the first reading for acceptance in principle shall be by roll call and open voting, and the amendment must be approved by votes of not less than one-half of the total number of the existing members of both Houses;

(4) in the consideration section by section in the second reading, consultation with the people who submit a draft Constitution Amendment shall be held;

The voting in the second reading for consideration section by section shall be decided by a simple majority of votes;

(5) at the conclusion of the second reading, there shall be an interval of fifteen days after which the National Assembly shall proceed with its third reading;

(6) the voting in the third and final reading shall be by roll call and open voting, and its promulgation as the Constitution must be approved by votes of more than one-half of the total number of the existing members of both Houses;

(7) after the resolution has been passed in accordance with the above rules and procedure, the draft Constitution Amendment shall be presented to the King, and the provisions of section 150 and section 151 shall apply mutatis mutandis.

http://www.asianlii.org/th/legis/const/2007/1.htm

[bigbamboo]

How does she know the Charter amendment won't benefit her brother. It hasn't been written yet, has it?

[rubl]

Prime Minister Yingluck Shinawatra said the Cabinet meeting today approved the planned amendment of the Constitution’s Article 291 for the establishment of a Constitution drafting assembly to take charge of writing the new charter.

as PM Yingluck was on her roadtrip and today Utteradit with 200 plainclothes / policemen bodyguard, I assume the cabinet has informed her about the decisions made today ?

[whybother]

Chalerm suggested the entire amendment process should be concluded in 180 days.

6 months to approve the amendment process, elect the drafters, amend the constitution, and run a referendum.

Sure.

[whybother]

Prime Minister Yingluck Shinawatra said the Cabinet meeting today approved the planned amendment of the Constitution’s Article 291 for the establishment of a Constitution drafting assembly to take charge of writing the new charter.

as PM Yingluck was on her roadtrip and today Utteradit with 200 plainclothes / policemen bodyguard, I assume the cabinet has informed her about the decisions made today ?

They must have learnt how to do that after the last time she missed a cabinet meeting and had no idea what was discussed.

[lungmi]

Question of an ignorant: They fight for a constitution they can change easily same underwear or a stable constitution with a supermajority (2/3 of MP )?

[webfact]

CHARTER REVIEW

Cabinet backs charter change

Piyanart Srivalo

The Nation

Ministers endorse ruling party bill seeking to amend Article 291 and form a constitutional drafting assembly

BANGKOK: -- The Cabinet yesterday endorsed a government bill seeking to amend Article 291 of the 2007 charter and allow the formation of a constitution drafting assembly.

Prime Minister Yingluck Shinawatra said after the Cabinet meeting that the 99 constitution drafters - one elected in each of the 77 provinces and 22 appointed from legal and political science experts - would be given a free hand to amend the entire post-2006 coup charter.

When asked why the administration had made an about-turn from its previous position of not seeking charter changes by itself, Yingluck said the government did not want to lose the right to propose its own amendment draft after different groups - including the ruling Pheu Thai Party and the red shirts - had separately submitted their own drafts for parliamentary deliberation.

The prime minister also said constitutional amendment was part of her government's "urgent policies" declared before Parliament when it assumed office last August.

"The government did not want to start with charter amendment, as we wanted to focus on tackling the country's problems. But now that other groups have started their moves, the government does not want to lose its right to have its own draft for parliamentary deliberation along with the other drafts."

She also said the government draft would only seek changes to Article 291, which would pave the way for establishment of a constitution drafting assembly.

"The CDA will decide how to amend the Constitution. The government will have no involvement. And I insist this will have nothing to do with Thaksin [shinawatra, ex-premier]," Yingluck added, in response to suspicions the changes would benefit her brother, who fled into exile prior to a criminal conviction by the Supreme Court several years ago.

A coalition source said the government's about-face had resulted from Thaksin having a change of heart on the issue. Thaksin earlier did not want the government to get involved with charter amendments, preferring that coalition politicians did so under Pheu Thai's name. But he changed his mind after seeing that opposition did not appear to be strong, the source said.

During the Cabinet meeting on the amendment bill, which lasted about 30 minutes, Deputy Prime Minister Chalerm Yoobamrung described the draft - prepared by the Justice Ministry - as "the best, most classic and most beautiful", according to a Government House source.

Chalerm said the draft would allow public participation from the beginning through to the end of the amendment process, with election of CDA members and a public referendum on the CDA's final changes.

Meanwhile, deputy government spokesman Anusorn Iamsa-ard said he had been assigned by the PM to invite all elements of society to take part in the process. He said public hearings would also be held.

-- The Nation 2012-02-14

[Rooo]

Post advocating a coup & responses to it deleted.

[AleG]

I still don't know what they want to amend in the constitution. So far the only talk is about amending an article to start the amending process, but the ultimate goal, zip, nada, nothing.

[whybother]

House speaker affirms new charter to be ready in 13 months; House to deliberate govt and Pheu Thai's charter amendment motions next week /TANN

Chalerm suggested the entire amendment process should be concluded in 180 days.

... or not.

[Ricardo]

When asked why the administration had made an about-turn from its previous position of not seeking charter changes by itself, Yingluck said the government did not want to lose the right to propose its own amendment draft after different groups - including the ruling Pheu Thai Party and the red shirts - had separately submitted their own drafts for parliamentary deliberation.

Indeed PM-Yingluck need look no further than her close-colleague, Deputy-PM Chalerm, for someone who has caused her problems by writing (all on his own, in his spare-time !) and proposing their own amendment-draft !

But couldn't she just have instructed Chalerm or the PTP or Red-Shirts to wait for her government's proposal, being as she's the PM and leader of her party and all, or don't they listen to her or trust her to bring forward the best-possible proposal ? Why ever not ?

At least the Deputy-PM is still confirming that there will be "a public referendum on the CDA's final changes", without mentioning the further-proposal that if the referendum goes against the government's wishes, then they will still implement it via a vote in parliament, despite the result of the referendum. Best keep that option in-reserve, until needed, eh !

[animatic]

The main problem of all Thai constitutions has been

the far, far, far, too low level it takes to pull it apart

and add clauses benefiting special interests.

'1/5th to propose, 1/2 to start amendments, simple majority to vote it.'

As Lungmi notes most place it it is more like

2/3 POPULACE and LEGISLATIVE votes for any constitutional changes.

Less than this is a recipe for chronic instability.

It makes it worthwhile for dirty tricks and other actions

to get your game changing 50%+ .0000001

Right now it remains the barn door is closing,

but the pigs are already leaving the area.

A higher percentage such as 2/3 can only be one through goodwill.

Something Thai politicians seem to haver a serious deficit of.

Edited February 14, 2012 by animatic

[noitom]

I still don't know what they want to amend in the constitution. So far the only talk is about amending an article to start the amending process, but the ultimate goal, zip, nada, nothing.

It is called a "content free" document. And can you imagine how many Thai staffers were deployed to come up with this? First in Thai double speak and then to have a group of university English graduates attempt to translate the Thai. Supposedly it is intended to be free from anything specific so as to leave everything "up to interpretation - case by case," the true Thai way.

[Puccini]

I still don't know what they want to amend in the constitution. So far the only talk is about amending an article to start the amending process, but the ultimate goal, zip, nada, nothing.

Rubl has kindly posted the full text of Section 291 of the current constitution. From what I heard, the government's intention is the deletion of the second sentence of paragraph (1), ie the deletion of the following text:

A motion for amendment which has the effect of changing the democratic regime of government with the King as Head of State or changing the form of State shall be prohibited;

[Maestro]

Anyone interested in reading the entire constitution can find an English translation here:

www.asianlii.org/th/legis/const/2007/1.html#C02

[SomTumTiger]

I still don't know what they want to amend in the constitution. So far the only talk is about amending an article to start the amending process, but the ultimate goal, zip, nada, nothing.

Rubl has kindly posted the full text of Section 291 of the current constitution. From what I heard, the government's intention is the deletion of the second sentence of paragraph (1), ie the deletion of the following text:

A motion for amendment which has the effect of changing the democratic regime of government with the King as Head of State or changing the form of State shall be prohibited;

Heard from who? The reason that have to amend this section is to allow for the creation of a constitution drafting committee, legally. The sky, however, might well be falling. Go out and check, would you?

[SICHONSTEVE]

Prime Minister Yingluck Shinawatra said the Cabinet meeting today approved the planned amendment of the Constitution’s Article 291 for the establishment of a Constitution drafting assembly to take charge of writing the new charter.

as PM Yingluck was on her roadtrip and today Utteradit with 200 plainclothes / policemen bodyguard, I assume the cabinet has informed her about the decisions made today ?

They must have learnt how to do that after the last time she missed a cabinet meeting and had no idea what was discussed.

Has she actually attended any cabinet meetings????

[sparebox2]

The charter amendment is to benefit 1 man, and 1 man alone. Thaksin. he should be stop at all cost. Even a coup is better than him coming back.

[SICHONSTEVE]

The charter amendment is to benefit 1 man, and 1 man alone. Thaksin. he should be stop at all cost. Even a coup is better than him coming back.

Totally agree!!!!!

[Puccini]

Heard from who? The reason that have to amend this section is to allow for the creation of a constitution drafting committee, legally. The sky, however, might well be falling. Go out and check, would you?

Heard from a director or MCOT whom I choose not to identify lest his position be jeopardised.

There is already an established procedure for the amendment of the constitution, details of which are in paragraphs (2) to (7) of Section 291 of the constitution. What are the perceived advantages of the new procedure mentioned in the news article in the first post of this thread?

[Puccini]

Heard from who? The reason that have to amend this section is to allow for the creation of a constitution drafting committee, legally. The sky, however, might well be falling. Go out and check, would you?

Heard from a director of MCOT whom I choose not to identify lest his position be jeopardised.

There is already an established procedure for the amendment of the constitution, details of which are in paragraphs (2) to (7) of Section 291 of the constitution. What are the perceived advantages of the new procedure mentioned in the news article in the first post of this thread?

Edited February 14, 2012 by Puccini

[rubl]

Just an amuzing intermezzo.

I just read that in the Netherlands the Senate has voted for a motion (advise) to the cabinet to make some amendments to the constitution. The cabinet now has to come with a draft law proposal how to modify the constitution. The proposal needs to be read in both House and Senate two times and following needs a twothird majority of both House/Senate. The reason for a need for modification? Minor detail only:

It seems the current constitution doesn't contain any reference to a democratic en juridical foundation of Nation and Justice Authority. "The Dutch constitution has been insufficiently adapted over the years to reflect political reality and lacks any social relevance" according to one MP.

In Dutch:

''Het kan niet dat de Nederlandse Grondwet als enige naast de constituties van de andere moderne democratische staten geen enkele verwijzing bevat naar de democratische en rechtsstatelijke grondslag van het staats- en rechtsgezag.

De Nederlandse grondwet is onvoldoende meegegroeid met de politieke werkelijkheid en ontbeert maatschappelijke relevantie''

http://www.nu.nl/politiek/2740620/senaat-dicht-gaatjes-in-grondwet.html