A few more 'charter traps' remain: Thai editorial

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EDITORIAL
A few more 'charter traps' remain
The Nation

The government could be on a collision course with independent agencies if it pursues controversial bills currently before Parliament

BANGKOK: -- Yesterday the Constitutional Court dropped complaints against the budget bill. Earlier a proposed charter amendment on the electoral system for the Senate received the court's approval.

The government shouldn't feel too relieved just yet, however. According to Wasant Soipisut, former president of the Constitutional Court, the administration is still negotiating treacherous waters. In a highly publicised warning last month, he said there could be constitutional violations in the water-management plan, the amnesty bill, the rice price-pledging scheme and the administration's failure to formally report its work to Parliament.

Wasant has been accused of giving both the government useful advice and the government's enemies. Regardless of his motive, his warning signals that the political tension is not about to ease anytime soon.

These so-called "constitutional traps" are scattered around hazardously, not just in the Constitutional Court. The National Counter-Corruption Commission and the Supreme Court's Political Division, to name two other potential sources, are equally capable of creating serious political trouble for the government.

Certain issues raised by Wasant are more serious than others. Failing to report its progress to Parliament, for example, might not be such a big deal if the government can cite precedents that went unpunished. Also, "amnesty" and "specific groups of people" naturally go hand in hand, and the government's bill will be deemed "unconstitutional" only when evidence is established linking the proposed legislation with certain undeserving individuals.

When Wasant served as Constitutional Court president, he publicly expressed doubt that Thailand could achieve peace in the near future. In controversial remarks last year, he said, "This generation of political rivals might have to die" before Thailand witnesses reconciliation. The comment made him no new friends in the ruling Pheu Thai camp.

Observers who believe the government is being put through too much constitutional scrutiny must remember that this is a two-way street. While some issues like water-resources management and other infrastructure policies can be seen as being dragged down by politics, the government is at least partially responsible for fanning the mistrust that is holding virtually everything back in Parliament.

Chamlong Srimuang of the now-inactive People's Alliance for Democracy was spot-on last month when he said all this tension would be reduced if the government put a brake on the amnesty, reconciliation and charter-amendment bills.

The trouble in Parliament has involved the opposition Democrats behaving rudely, but the government would be taking a big risk by exploiting such bad-boy behaviour in presenting itself as the victim and then pushing the controversial bills through. After all, the opposition has little to lose - and no "constitutional traps" lying perilously in its path.

Wasant's public warning will have alerted both sides. With the opposition already planning to charge the government with violating the Constitution on every big project, the government's strategy is awaited. Wielding decidedly superior parliamentary power, it can win every legislative battle.

But if the government chooses to fight on all fronts, the outcome, as Wasant has warned, is unpredictable.


-- The Nation 2013-10-05

[jcb2001]

"Chamlong Srimuang of the now-inactive People's Alliance for Democracy was spot-on last month when he said all this tension would be reduced if the government put a brake on the amnesty, reconciliation and charter-amendment bills."

Maybe there is still hope for Thailand. Hope Pheu Thai sees the writing on the wall and backs off its aggressive push to pass all these bills through at once. Great article. Keep up the good work Wasant and The Nation.

[Baerboxer]

"Chamlong Srimuang of the now-inactive People's Alliance for Democracy was spot-on last month when he said all this tension would be reduced if the government put a brake on the amnesty, reconciliation and charter-amendment bills."

Maybe there is still hope for Thailand. Hope Pheu Thai sees the writing on the wall and backs off its aggressive push to pass all these bills through at once. Great article. Keep up the good work Wasant and The Nation.

I hope you're right - but can't see it. Pheu Thai act and the thinker is tired of being kept out of Thailand. The rumours of yet another cabinet shuffle are signs of his growing impatience. Once, if, when he's back things will simply be changed to how he wants them. That's the real concern the Dems and their supporters have. Given PTP's record on keeping their word or speaking the truth would anyone believe different?

[hammered]

I think people should read what Wasant said earlier this year. It is far more revealing bout how the courts make decisions in cases of dissolution.