Calls for conflicting sides to join Thai charter drafting

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Calls for conflicting sides to join charter drafting
Nitipol Kiravanich
The Nation

BANGKOK: -- Reconciliation is one of the key things that the junta has vowed to achieve before general elections can be held by the end of 2015 at the soonest. However, people are left wondering if political divisions in this country will ever vanish.

Doubts were first raised when the 250-member National Reform Council (NRC) was put together, as many of the members are clearly opponents of the "old power clique" led by former prime minister Thaksin Shinawatra.

Now the spotlight is on the 36-member Constitution Drafting Committee (CDC), especially since the NRC will nominate 20 members. Many political observers are voicing concerns that the new charter might be biased and prevent members of the old clique from gaining a political stronghold.

The remaining 16 members of the CDC will be nominated by the Cabinet, the National Council for Peace and Order (NCPO) and the National Legislative Assembly (NLA).

However, there's a sign that different points of view will be considered in relation to national reforms and the new charter. On Wednesday, the NRC decided to nominate five outsiders or non-NRC members for the CDC and add 15 of its own members to make up the numbers.

"We want to get a variety of opinions from different groups of people, including those who disagree with us [the NRC], the colour-coded political groups and political parties," NRC President Thienchay Kiranandana said.

Ekachai Chainuvati, deputy dean of law at Siam University, said it would be good to have people who side with political parties to become part of the CDC, because they would reflect the different aspects of the disputes in Thai society and each side could discuss their different political ideologies. Also, each member could help voice concerns for their own people.

He pointed out that the current interim charter had been written under strange circumstances and that it allowed the junta to add articles or change its contents as and when it wants.

"Political observers believe this charter may have some sections that intend to block certain politicians from playing an active role," Ekachai said.

Besides, he said, according to the International Covenant on Civil and Political Rights (ICCPR), no country can banish or ban its own citizens from returning to their own country. Thaksin is living in self-imposed exile in Dubai and his supporters believe the junta aims to eradicate him from politics.

NRC member Seree Suwanphanont, however, said he did not believe the drafters would write anything into the new charter that hinders anybody in particular.

"I am an open-minded person and will accept whoever is appointed to the CDC because I know that the members will be selected carefully by concerned agencies," he said.

Seree added that the charter drafters' first priority was to focus on the nation and not fight with one another. He also said CDC members should have a good understanding of legal aspects and, more important, they must be ready for the post.

NRC member Rosana Tositrakul, however, said politicians should not be appointed as drafters because they might write articles that empower them.

"Corruption is a problem that needs to be eradicated immediately. It is easy for politicians who have the authority to draft the law to empower their role and status," she said.

Kamnoon Sidhisamarn, another NRC member, said he was willing to put his name forward as a CDC member, adding that he was ready and determined to push through national reform.

"I am ready if I'm given an opportunity to participate, and no matter how difficult and intricate the work is, I'm determined to help with national reform," said the former senator, who is known for his anti-Thaksin sentiments.

NLA member Nipattra Amornratmetra suggested that the CDC should comprise those who helped draft the now-defunct 2007 Constitution.

"CDC members need to have legal knowledge and should understand the situation in Thailand as well as focus on reconciliation," Nipattra said.

However, NLA member Thani Onlahiad disagreed, saying it was not necessary for all CDC members to be legal experts, provided they were knowledgeable about the 11 areas that the junta has decided need reform.

"Those who draft the charter should be able to brainstorm ideas and listen to people's opinions. And for the legal aspects, they can include a law professor to help with drafting the charter or scrutinising relevant articles," he said.

The interim charter does not require that a public referendum be held to determine whether the majority of Thais endorse the draft constitution. However, many people are calling for a plebiscite to ensure legitimacy for a new charter, as was the case of the Constitution that followed the last coup, which was in 2006.

Kamnoon, meanwhile, said he personally would listen to all suggestions offered, but the NCPO still does not believe a referendum is necessary, adding that this could hinder Thailand's move forward.

Thani said it was very important to have a referendum because listening to people's opinions indicates that Thailand follows democratic principles.

Ekachai said: "If the junta really took over to help the country and promote reconciliation, then it should follow people's desires. If people want a referendum, then it should be held."

Source: http://www.nationmultimedia.com/politics/Calls-for-conflicting-sides-to-join-charter-drafti-30246158.html


-- The Nation 2014-10-24

[In Town]

Rosana is not a politician?

[In Town]

It would be great if they could exclude anyone that has worked on any previous Thai constitution. Also, all lawyers and judges should be excluded, to eliminate the possibility of corruption.

[rickirs]

"... the current interim charter had been written under strange circumstances and that it allowed the junta to add articles or change its contents as and when it wants."

Are these NRC people really so naive not to understand the absolute power that the Junta holds over the nation? Because if they did, they would realize how impotent they are in drafting any independent constitution that does not serve and protect a continuing dominant military presence in Thai society. Let Gen. Prayut and the NCPO appoint all the members to the Constitution Council and quit wasting everyone's time and efforts.

[Krataiboy]

Wouldn't it be nice if, for once since the coup, the people of Thailand were permitted to have some say in their own affairs?