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Charter Amendment ' Not For One Man '


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Posted

EXCLUSIVE INTERVIEW

Charter amendment 'not for one man'

Chaniakarn Phumhiran,

Olan Lertrudtanadumrongkul,

Somroutai Sapsomboon

The Nation on Sunday

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Varathep

BANGKOK: -- PM's Office Minister Varathep Ratanakorn is tasked with handling the controversial referendum on amending the Constitution before the third and final reading in Parliament on rewriting the charter. He spoke to The Nation on Sunday on the government's stance and insisted the move wasn't all for ousted and convicted former premier Thaksin Shinawatra.

Is the new idea of holding a referendum first a method to reduce conflict and enable things to proceed?

The decision to hold a referendum is not new. If you look at the stance of coalition parties which set up a working committee, the committee has listened to voices from all sides in a balanced way for the past three to four months and concurred that the best solution in amending the charter is to enable all sectors to participate. Carrying out a referendum will be used as a clear indicator as to whether voters want to see an amendment through a constitution drafting assembly or not.

Politically speaking, [the move] can be perceived as a measure to handle the situation and reduce conflict. The real intention of the government, particularly the prime minister, is to ensure a stable nation that can move forward. [The premier] referred to HM the King's speech on December 5, which stressed the importance of unity, which is what the government is adhering to in particular.

Will the government take the view of the Constitution Court into consideration in carrying out the referendum?

It is one of the factors. The 11-person working committee has thoroughly read every letter in the ruling of the Constitution Court. The court ruled that amending Article 291 of the charter is not akin to overthrowing the democratic system with HM as the head. It was, however, as if the court issued a temporary injunction and suggested that the third reading be deferred. Nothing in the ruling refers to a referendum but it was like the court suggested that in drafting a whole new constitution, the people should be consulted first, and this led to the referendum.

Given that the opposition has always opposed it, how confident is the government that the referendum will be a success and lead to [this mode of] charter amendment?

We are confident in the result of the referendum - that it shall be endorsed and enable us to proceed with the third reading. After that, it will be the duty of the charter drafting assembly (CDA) and no longer the responsibility of either the government or the parliament. As to whether the CDA will touch on the monarchy section of the charter or not, I insist that it is not possible because it was clearly stated in the current charter that the section is forbidden from being amended.

So the amendment will look into aspects of whether the current charter is not democratic or contrary to the rule of law. Good parts would be maintained, however. After all is done, another referendum shall be carried out. In reality, the government is not afraid of those who oppose the move. Some are reasonable and others oppose it no matter what.

However, if less than half of the total electorate takes part in the referendum, then the referendum won't be valid. We must see what the repercussions will be. I don't want people to think negatively because the fact that the government intends to hold a referendum before the third reading means it is confident that it will be endorsed.

Will the government be involved in campaigning for the public to take part in the referendum?

There are two organisations responsible for that. First, the Election Commission. Government agencies have the role to make people understand, abiding by the Royal Act on Referendums (2009) which stated that the government or politicians cannot persuade the people [how to vote].

How will the questions in the referendum be put?

It will be something like: there will be a drafting of a new charter, wherein Article 291 of the current charter must be amended before a CDA can be formed - and in details it will be stated that the CDA cannot touch the monarchy section of the charter - and that after a draft has been completed, it will be subjected to another referendum for [public] endorsement.

The question cannot go into all these details but it will cover the issues and we will explain to the people. So the question may be like: "Do you agree with the amendment of the charter through a constitution drafting assembly to draft a new charter?"

The government sees a constitution drafting assembly as the best way to rewrite the charter?

Yes, it enables the people, who are the holders of national sovereignty, to be able to express themselves fully in the amendment process. And once it passes [a second referendum], the draft can be presented to HM the King for endorsement.

Many groups think article 309 will be removed in order to assist Thaksin Shinawatra.

That's not possible because it would be up to the constitution drafting assembly. The government can't meddle. It will be up to the people to balance the power of the drafting assembly.

Today, those opposite the government try to say everything is being done to help a single man, or for one government, for Thaksin. That's not the case because amending the charter is about setting up a structure of democratic governance.

No constitution is written for one man.

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-- The Nation 2012-12-16

  • Like 1
Posted

No it's not for JUST one man, but includes the most controversial one. If it really benefits thousands, perhaps we can just eliminate Thaksin from the process then everyone will be happy. After all, he is just one minion among thousands. The other problem for the red shirts, is that they will need to drop charges for everyone, including any possible charges for those 90 deaths during the riots. The amendment is just a continuation of a vicious cycle of elections, corruption, protests, killings, coups...the democratic way forward is to jail ALL those involved.....so Yingluck better get her brother back and jail him. He can join the cell with Suthep and co. Otherwise nothing will change in this country for the foreseeable future.

  • Like 2
Posted

No it's not for JUST one man, but includes the most controversial one. If it really benefits thousands, perhaps we can just eliminate Thaksin from the process then everyone will be happy. After all, he is just one minion among thousands. The other problem for the red shirts, is that they will need to drop charges for everyone, including any possible charges for those 90 deaths during the riots. The amendment is just a continuation of a vicious cycle of elections, corruption, protests, killings, coups...the democratic way forward is to jail ALL those involved.....so Yingluck better get her brother back and jail him. He can join the cell with Suthep and co. Otherwise nothing will change in this country for the foreseeable future.

"perhaps we can just eliminate Thaksin..................."

Perhaps.

Posted

I like the idea of a referendum, if the PAD decide not to participate, as they did in the last election, too bad. Thailand needs to speak on this issue, settle it one way or another, and move on. I don't like the idea of Thaksin coming back, I think he's slime, but if the people want it, get on with it. In a democracy, you get the government you deserve.

Posted

Is it possible, when drafting the 18th edition. That they put a mandatory charter rewrite every four year clause in there. That way there is no hard feelings on either side.

It is obvious after this many try's at it, neither side will be happy, just take all the bullshit out of it and just make it mandatory.

  • Like 1
Posted

No it's not for JUST one man, but includes the most controversial one. If it really benefits thousands, perhaps we can just eliminate Thaksin from the process then everyone will be happy. After all, he is just one minion among thousands. The other problem for the red shirts, is that they will need to drop charges for everyone, including any possible charges for those 90 deaths during the riots. The amendment is just a continuation of a vicious cycle of elections, corruption, protests, killings, coups...the democratic way forward is to jail ALL those involved.....so Yingluck better get her brother back and jail him. He can join the cell with Suthep and co. Otherwise nothing will change in this country for the foreseeable future.

"perhaps we can just eliminate Thaksin...................

Perhaps.

This is a possibility, the government and the Shincorp family are delusioned and in La La land to think that this subject hasn't been talked about over a few beers, in some backyards, in Thai.

  • Like 1
Posted

I like the idea of a referendum, if the PAD decide not to participate, as they did in the last election, too bad. Thailand needs to speak on this issue, settle it one way or another, and move on. I don't like the idea of Thaksin coming back, I think he's slime, but if the people want it, get on with it. In a democracy, you get the government you deserve.

Sure:

- As long as the Election Commission demands that there be numerous multi pronged open and transparent education campaigns before the referendum, conducted by a range of credible institutions, and including public moderated debate events with public participation. (None of that likely to happen in reality.)

- As long as the Election Commission goes all out to find vote buying / vote manipulation and goes for the most serious punishment possible against transgressors. (None of thatlikely to happen in reality.)

- As long as pre referendum campaigns / 'education' campaigns conducted by political parties / local politicians / village headmen are required by law to be open and monitored (recorded for scrutiny), participants must receive hand out literate which is vetter by the Election Commission beforehand. (None of thatlikely to happen in reality.)

Posted

Charter amendments not for one man huh?

The amnesty of the few outweighs the integrity of the many?

Republicans passing themselves as royalists combined with capitalists passing themselves as socialists mixed with rapers of the country masquerading as latter day saints?

What a shambles

  • Like 1
Posted

If you want to know what PT or Thaksin really believe, then take their statements and turn them inside out and backwards. If a PT propaganda spokesman says, "this is not just for one man." then you're safe in interpreting the meaning as; "this is just for one man."

What or who else could it be for? It's not for some pie-in-the-sky concept of democracy. PT wouldn't know real democratic principles if they came up an bit 'em on the you-know-what.

  • Like 1
Posted

Thaksin could have served his jail term by now, apologised for his actions and he'd have been (largely) forgiven. However, the mans ego is his worst enemy and I'm sure he will continue to divide the country until his dying breath.

  • Like 1
Posted

It's easy to know if it's one man or not. Let's say if that 'one man' got shot dead tomorrow, would they continue trying to make the amendment or not?

  • Like 1
Posted

It's easy to know if it's one man or not. Let's say if that 'one man' got shot dead tomorrow, would they continue trying to make the amendment or not?

The real question is, If the didnt make this amendment what would the effect be? If it aint broke dont fix it.

Posted

Well why would there be an amendment in the charter to white wash corruption. If they would come out and say this will not white wash any existing criminal they might have a chance. To white wash Thaksin is to put the seal of approval on corruption.

They go on to say

"After all is done, another referendum shall be carried out. In reality, the government is not afraid of those who oppose the move. Some are reasonable and others oppose it no matter what."

I wonder if there is any PT members who will vote against it. We know the red shirts will vote for it.

Posted (edited)

It's easy to know if it's one man or not. Let's say if that 'one man' got shot dead tomorrow, would they continue trying to make the amendment or not?

Given the ham fisted attempts at solving the crisis in the South, and its terible consequences, I'd be surprised if 'one man' wasn't on some Moslem fanatic's hit list. What might follow if this were true and successfully caried out does not bear thinking about.

Edited by Bagwan
Posted
No constitution is written for one man.

Another white lie. bah.gif

OK I'll call you - Which constitution has or is been written for one man, and how?

Posted

This one is too easy. If they're making a "thing" about how it's not for one man, you can bet the house it's for one man. coffee1.gif Sorry for the Thais who hope for better.

Also known as The Nopadon Principle, after Thaksin's laweyer.

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