Charter 'must keep business out of politics'

[Lite Beer]

INTERVIEW
Charter 'must keep business out of politics'
The Sunday Nation

Jaran

BANGKOK: -- Constitutional Court judge Jaran also wants agency to oversee politicians and state officials

The new Constitution should separate business from politics while an independent agency should be set up to oversee politicians and government officials, Constitutional Court judge and former deputy chief drafter of the 2007 Constitution Jaran Pukditanakul told Nation Multimedia Group in an exclusive interview recently.

"Business and politics must be separated, as politics is dedicated to the country's interests while business people still want profits. Therefore, they should not be involved in politics," he said.

He said politics involves controlling power and formulating rules for the country's administration so that all the players, including businesses and interest groups, follow the rules and maintain the balance while at the same time leading the country to the best position.

"It's not like that in our country. We see our style of liberalism as 'take all you can grab'. Our style of capitalism and liberalism, therefore, allows people with lots of money, who are from business sector only and only the big players, dominate politics. We can see that from political parties' leaders. The political parties whose owners are not billionaires are poor parties," he said.

Jaran threw his support behind an "iron rule" that there must not even be nominees in politics.

To ensure that, he suggested that political parties must not receive donations from any one source while businesses could donate money to political parties within a limit. Businesses also should not select anyone to be in the party's executive, he added.

"The new constitution should state clearly that state power and business must be definitely separated," he said. "Not only politicians but also the bureaucratic system, the administrative, legislative and judicial branches, the judges and executives of the constitutional independent agencies including the National Broadcasting and Telecommunications Commission.

"You are working for society and the country, therefore are you free from business connections? If you are not satisfied with the wealth you have, you should not come into politics," he said.

Jaran said the penalty for violating that rule should be disqualification from political involvement, including political positions and movement, plus criminal penalties.

Moreover, Jaran said the section on morality and ethics in the charter should be upgraded and a system set up properly so it can really be implemented.

The enforcement mechanism, initiating of investigation and the penalties must be clearly realised as a norm in society, he said.

"An independent agency should be established to look over the morality and ethics [of political office holders and government officials] section. It must be identified in the new constitution and the organic laws. The 2007 Constitution says the Ombudsmen are in charge of morality and ethics but in reality the Ombudsmen have said they could not [complete their tasks] as they did not have the power to punish anybody by themselves," Jaran said.

A third proposal by Jaran is that the justice system and corruption fighting must be reformed.

He said the measures and process must be reformed regularly to keep up with the changing world.

"All related agencies, including police, attorneys, the courts, lawyers, correction and probation agencies as well as law schools, must be reformed. In the past, we did not produce 'people of justice' who took care of ensuring and protecting justice in the country but we turned out people to make a living according to their respective professions," he said.

Source: http://www.nationmultimedia.com/politics/Charter-must-keep-business-out-of-politics-30238367.html

-- The Nation 2014-07-13

[Gsxrnz]

They can write whatever they want into the constitution.

Having the will, desire, and mechanism to enforce what's written is another story entirely.

[waza]

Wouldn't it be wonderful if business, including the industry of religion, was barred from all involvement in politics including influencing policy. Not only in Thailand but all around the world. There would be a more empathetic people centred type of person running for office, and a policy of improving the quality of life for all citizens equably. "Imagine all the people Living life in peace..." Writer(s): John Winston Lennon

Edited July 12, 2014 by waza

[noitom]

Where was this Thai judge with this point of view for the last eight years?

[Tatsujin]

They can write whatever they want into the constitution.

Having the will, desire, and mechanism to enforce what's written is another story entirely.

Indeed, the coming years will be very telling . . . but I do see it as a very positive start currently, with people generally at least opening their eyes and talking about the problems and trying to do something about them.

None of these changes will mean squat however if they don't change attitudes from the ground up and actually strictly enforce any existing or new laws implemented.

The major changes down in Phuket currently are a very positive step to date for example, and I hope that continues for a long while to come.

[shirtless]

If only the west could see the wisdom in this statement, it will be very difficult to keep business out of politics ,

[binjalin]

how about "let's keep judiciary out of politics"?

[Thai at Heart]

Amen to that. How to do it?

[smutcakes]

Amen to that. How to do it?

A start would be all politicians resigning their directorships in private and partly state owned companies and prohibiting them going forward holding positions. This would of course include members of the NCPO who hold many directorships.

[Gus5]

"An independent agency should be established to look over the morality and ethics [of political office holders and government officials] section. It must be identified in the new constitution and the organic laws. The 2007 Constitution says the Ombudsmen are in charge of morality and ethics but in reality the Ombudsmen have said they could not [complete their tasks] as they did not have the power to punish anybody by themselves," Jaran said.

This was very evident with the illegal issuance of Thaksin's new passport by his cousin and sister.

The Ombudsman's finding their actions were against the rules and called for the revocation of the passport, however, Surapong and Yingluck stonewalled for over two years and never did respond to their illegality.

[Thai at Heart]

Amen to that. How to do it?

A start would be all politicians resigning their directorships in private and partly state owned companies and prohibiting them going forward holding positions. This would of course include members of the NCPO who hold many directorships.

All family shareholdings need to go into an escrow trust. All.

[dominique355]

Business and thus economy is part of everybody's daily life. To keep this part of life out of politics is like asking people to stop breathing: impossible.

Stop dreaming of an ideal world and embrace reality!

A constitution should regulate basic politic procedures and competences and - unfortunately often neglected - guarantee basic human rights, like doing business.

More evolved democracy embrace business but put limits and rules, not negate it.

Sent from my iPad using Thaivisa Connect Thailand

[Eric Loh]

Really suprised by Jaran rather shallow suggestion that business people should not involved in politics. Must be a world first to have full time politician that can are paid a good politician salary and gainfully employed till retirement with benefits. No one goes into politics to be well off or get rich but politicians happen to be some of the wealthiest figures in Thailand as well as around the world.

If he is really serious, he should also include government officials to be free from business. We know that is ludicrous and can never be taken seriously.

What he would have suggested that laws be reformed to punish an illegal act by politicians and government officials if acts by them are directly related to their official duties. Jaran is trying to kiss up to the junta. How did he end up as a constitutional court judge with this kind of thinking.

[h90]

They can write whatever they want into the constitution.

Having the will, desire, and mechanism to enforce what's written is another story entirely.

But it is a good beginning.....and allow charter changes only with a 2/3 majority in the upper and lower house and the constitutional court agreeing.

No single majority changes.

Still it doesn't help if not enforced but a beginning.

[khunken]

how about "let's keep judiciary out of politics"?

Ridiculous. Keep politicians out of the judicial system is more like it.

Who will investigate & try political corruption - politicians? The courts must be the ultimate caretaker of the constitution.

There are a number of decent ideas from Mr Jaran but I don't agree with him about his apparent total exclusion of business people from politics. Yes, they should give up their business interests (no 5% & no proxy holdings) before entering politics and be allowed to continue in business after resignation from all political positions.

Giving the Ombudsman's office more power is a very good idea - with a clearly defined role separate to the NACC.

[seajae]

the only reason most people go into politics in Thailand is to make money through backhanders/graft. They use their positions to set up businesses and dealings(thaksin anyone) and they make sure when they leave they have a greatly increased bank account. When these people are voted in they should be free from any business decisions and never be able to use their positions to lobby for any business concerns. No one should be able to own a party(thaksin again) full stop as it is not in the peoples interests, only the owners. There are some excellent ideas in this statement, would be great to see them put into practice.

[pookiki]

Business and government are inextricably linked on numerous levels. Business people are often sought out for government positions because of the expertise in particular area of the economy. I see nothing inherently wrong with that. Good government officials who come from the business community can contribute on matters involving human resources and economic growth. A good economy enhances the people's quality of life (hopefully) and good policies on human resources contributes to more jobs, etc.

Campaign contributions are the biggest source of potential corruption and undue influence in a society free from corruption. This is vote buying at the highest levels of government.

The way it has been for decades in Thailand and most countries in Asia is that the business/government relationship, especially for foreign direct investment, is based on bribes and kickbacks -- or 'the cost of doing business'. In this scenario, the business people are not the villains by any stretch of the imagination.

Transparency and a willingness to act on business complaints against government officials would be a good start for improving the economy. As for business people willing to serve in the political arena, I believer there are already existing laws (maybe suspended) that deal with ethics and penalty -- not only for politician but for civil servants as well. As already pointed out, this will take a major change in attitudes and past practices.

Edited July 13, 2014 by pookiki

[Emster23]

"If you are not satisfied with the wealth you have, you should not come into politics," he said." And we should brush our teeth after every meal. You write the rules, you can increase your wealth. I think of USA whackiness: "Whats good for General Motors is good for the USA" (Old one but expresses belief). Supreme Court decides "Corporations are people, too".

Here's an idea" Get politics out of business. To start off, Thai Military Bank, the TV stations they own, The Police Resorts (sure there are army etc ones).

Impossible as many say to get business out of politics. Solution is transparency, full disclosure of assets with independent auditing, freedom of the press and ending the insane defamation laws (doesn't matter if true what you say if it hurts my reputation).

[Chris Lawrence]

Just have to keep their fingers out of the cookie jar. Hard to police what this Judge is saying; what about puppets running for office?

The real area to be concerned with, nepotism? But we won't hear that.

What about the armed service boys on companies as Directors? Everyone wants to watch their backsides.

To review the judiciary, wait and see.

[fobuff]

charter has to leave the military out of politics

[rubl]

All the positive, constructive and helpful comments here really make me feel good.

Now if only the Thai population would give their view on things as input to the NCPO

[h90]

charter has to leave the military out of politics

separation of power.....

[fab4]

Where was this Thai judge with this point of view for the last eight years?

Well in 2010 he and his 3 of his fellow constitutional court judges applied a variation of this point of view "he suggested that political parties must not receive donations from any one source while businesses could donate money to political parties within a limit." to the Democrat Party, when dismissing the dissolution case against them over an "alleged" donation of 258 Million Baht from TPI Tolene, 4-3 on a technicality - presumably the donation limit he'll recommend will be quite high .

[Eric Loh]

Where was this Thai judge with this point of view for the last eight years?

Well in 2010 he and his 3 of his fellow constitutional court judges applied a variation of this point of view "he suggested that political parties must not receive donations from any one source while businesses could donate money to political parties within a limit." to the Democrat Party, when dismissing the dissolution case against them over an "alleged" donation of 258 Million Baht from TPI Tolene, 4-3 on a technicality - presumably the donation limit he'll recommend will be quite high .

Fab, you too kind. There are more than the one case that you mentioned that the Constitutional Court with Jaran dismissed dissolution cases due to improper procedural process. There was even a infamous utube exposing Dem members lobbying the judges for a favorable hearing.

[fab4]

Where was this Thai judge with this point of view for the last eight years?

Well in 2010 he and his 3 of his fellow constitutional court judges applied a variation of this point of view "he suggested that political parties must not receive donations from any one source while businesses could donate money to political parties within a limit." to the Democrat Party, when dismissing the dissolution case against them over an "alleged" donation of 258 Million Baht from TPI Tolene, 4-3 on a technicality - presumably the donation limit he'll recommend will be quite high .

Fab, you too kind. There are more than the one case that you mentioned that the Constitutional Court with Jaran dismissed dissolution cases due to improper procedural process. There was even a infamous utube exposing Dem members lobbying the judges for a favorable hearing.

Well I'm sure any judicial reform carried out will soon sort out any of that nonsense - I believe that is going to happen in the second phase of the junta roadmap

Edited July 13, 2014 by fab4

[khunken]

Where was this Thai judge with this point of view for the last eight years?

Well in 2010 he and his 3 of his fellow constitutional court judges applied a variation of this point of view "he suggested that political parties must not receive donations from any one source while businesses could donate money to political parties within a limit." to the Democrat Party, when dismissing the dissolution case against them over an "alleged" donation of 258 Million Baht from TPI Tolene, 4-3 on a technicality - presumably the donation limit he'll recommend will be quite high .

Twist this however you must (as per usual) it was dismissed, so any comment on a limit is pure speculation on your part. You might have been able to make snide comments if the case was proven - but it wasn't

BTW the case against the Democrat party was initiated by Chalerm which IMO immediately makes it suspect in the first place.

It was very likely a FABle.

[northernjohn]

how about "let's keep judiciary out of politics"?

It would have helped if politics didn't try to muscle their way in to the judiciary.

[northernjohn]

They can write whatever they want into the constitution.

Having the will, desire, and mechanism to enforce what's written is another story entirely.

But it is a good beginning.....and allow charter changes only with a 2/3 majority in the upper and lower house and the constitutional court agreeing.

No single majority changes.

Still it doesn't help if not enforced but a beginning.

Amazing how people who are against it will just say it can't be enforced. Not even give it a chance.

don't know what other people are seeing but I am seeing a police department that needs a lot of tuning up so to speak. It has how ever shown a lot more honesty since the junta took over and moved some personal around.

Now if they can get down to the nitty gritty and pay a decent wage and give them proper training we will see a much better police department.

It will be like police departments the world over have some rotten apples but no where near what it has now.

Unfortunately that is probably down a ways on their list. Hard to do every thing that needs doing in two months. Or more than likely two years.

Hopefully we will see rotten apples in jail now instead of out on the street on bail or an appeal. Give it time.

[binjalin]

how about "let's keep judiciary out of politics"?

It would have helped if politics didn't try to muscle their way in to the judiciary.

Both, an independent judiciary that is neither red nor yellow is what this country needs needs a complete an utter overhaul with the 'precedence' brought in and judgments scrutinized fairly. Right now it's every court for themselves with no reference to earlier case law. A sort of Medieval, independent fiefdom.

[Krataiboy]

Really suprised by Jaran rather shallow suggestion that business people should not involved in politics. Must be a world first to have full time politician that can are paid a good politician salary and gainfully employed till retirement with benefits. No one goes into politics to be well off or get rich but politicians happen to be some of the wealthiest figures in Thailand as well as around the world.

If he is really serious, he should also include government officials to be free from business. We know that is ludicrous and can never be taken seriously.

What he would have suggested that laws be reformed to punish an illegal act by politicians and government officials if acts by them are directly related to their official duties. Jaran is trying to kiss up to the junta. How did he end up as a constitutional court judge with this kind of thinking.

"No one goes into politics to be well off or get rich. . . "

Where have you been all your life? For many politicians, this is the only reason they take the job. Taksin used and abused his power to enhance his wealth as have countless other political leaders around the world, not just the blatant, well documented examples in Asia and Africa but also across the so- called developed democracies of the West. Can you possibly be unaware of the lobbying system in the world's largest mature democracy, the U.S. and the all too common "revolving door" process in politics which provides sinecure jobs for malleable individuals prepared, for a consideration, to put the interests of their big business backers before those of the electorate?

Then there are those countless politicians who, on leaving office, show their true colours by morphing from poachers into gamekeepers, selling their political know-how for profit to anyone who will pay the price. Former British prime minister Tony Blair, for example, may not have made a fortune during his 13-year sojourn at No. 10 . But since leaving office he has become an exceedingly wealthy individual by acting as political adviser to one of the most reviled dictators in eastern Europe (for 13 million dollars). Another major source of his multi-million pound annual income is as consultant to one of the world's least respected investment banks, fined numerous times for its fraudulent practices.

This Thai judge who wants to minimise the impact of big business on the democratic process is displaying insight, intelligence and courage. But in a country corrupt from top to bottom and where the corporate sector is an increasingly significant element of the elite which historically has run Thai affairs, whether he will be listened to is an entirely different matter.