Exclusive interview: 'Key to new charter is a strong informed citizenry'

[webfact]

EXCLUSIVE INTERVIEW
'Key to new charter is a strong informed citizenry'


Jade

BANGKOK: -- Constitution Drafting Committee (CDC) member Jade Donavanik, who is also a law expert and the youngest drafter on the committee, tells The Nation's Nitipol Kiravanich that empowerment of the people is the key issue in a new charter.

What is the most important content of this new Constitution?

The key to this Constitution is that it needs to "arm" our citizens. Moreover, corruption issues must be eradicated by strengthening the law to punish corrupt politicians to a higher degree.

One of my purposes is to make this charter ideological, rather than idealistic. Its content should project people's ideas and ensure they will be a part of the draft as well, which [means] after the charter actually comes out it will have to be accepted by the people.

The CDC also has to scrutinise all 19 previous constitutions on what articles are good enough, [what articles] should be inserted in the charter, and for those articles that are issues to society, should [they] be amended, fixed or eliminated.

What should be the most powerful weapon for people in this charter?

Voting is the key factor for electing politicians. We should consider voting "no" seriously. If the "vote no" ballots are higher than yes votes then a new round of an election is needed. And political parties would have to put up new candidates in the second round for the people to elect.

The "vote no" ballots would be interpreted as voters not wanting to choose those candidates from the parties. It would eliminate unwanted politicians in the Parliament because the parties would need to send only good politicians to run in the election.

What are your expectations for this charter, and how do you imagine it will turn out?

This new charter should set the standard for its further usage in legal areas. And what matters are also organic laws that can be added later to meet the [ideals] of Thai society - and the CDC will have to create new "innovations" to the law.

The constitution is a mother law, but we can draft organic laws' sub-articles inserted in the charter to strengthen its efficiency.

I would like see this as the last Constitution drafted from scratch; because if similar circumstances [a junta seizing power] happen again, tearing up the previous charter would mean it was all for nothing and the Constitution was just a scrap of paper.

How would you eradicate corruption in the political system?

Corruption is a very broad term. Corrupt actions by politicians are always dictated by their financiers and a monopoly system that must be eradicated. A "monopoly" has been intervening in government agencies, political parties and politicians, with the financiers always dictating to these involved agencies for their own benefit.

A problem of the political system in Thailand is that the financier system must be eliminated, politicians should first consider working for their people, rather than themselves, or for personal gain. The fact is that politicians must comply with their parties. Moreover political parties must obey financiers who support them from behind, making the system corrupt.

These issues also affect other government officials because every time the new government is formed, it means that government officials have to be transferred, [so] there must also be a law to protect those officials.

To solve [counter] these corrupt actions people must be strengthened with the fundamental problem going back to politicians. Therefore, I personally think the power to eliminate those corrupt systems are in people' hands and within their rights, along with absolute punishment for wrongdoers.

What is your view on independent bodies? Should their power be reduced?

Recently there were many issues regarding independent organisations - that they were not independent after all. [The term] "independent bodies" has its own comprehensive meaning and is mostly referred to in a negative way, according to political observers.

I would propose to eliminate the word "independent" from independent bodies, because if they are independent they do not have to use the word to specify their meaning or their jurisdictions of being independent from related agencies or political powers. By this means, the independent bodies would work independently without saying they were independent for the public to judge [they way they operate].

How would you explain that the public believes the CDC already has blueprints and a framework according to Interim Charter Article 35?

I realise the concerns from political observers that 2014 Provisional Constitution Article 35 stipulates a blueprint for this new coming up charter - saying everyone has their own blueprint. Of course everyone has their own blueprint, including the NCPO, the NRC, CDC and even the public. The problem is how to use these blueprints in summarising this charter. Making the law effective and a voice for people's ideas is [the CDC's] job to ensure, and also for the public to accept this charter.

Source: http://www.nationmultimedia.com/politics/Key-to-new-charter-is-a-strong-informed-citizenry-30247543.html


-- The Nation 2014-11-12

[smedly]

and a life ban from politics for anyone that breaks the rules or the law - no exceptions past or present

sanitation

[ExPratt]

Agreed , but in practice they'd all be accusing each other of all sorts of past transgressions and then there'd be the counter defamation law suits and we'd end up with about 3 people in Thailand who were "Clean"

I say blank canvas is the only way to go , I'm not a fan of whats happened with the coup but one thing that cannot be denied is on the surface the bitter fighting has stopped . It gives everyone a chance to start again.

[benalibina]

It gives everyone a chance to start again.

Continuation....you mean.

[djjamie]

Agreed , but in practice they'd all be accusing each other of all sorts of past transgressions and then there'd be the counter defamation law suits and we'd end up with about 3 people in Thailand who were "Clean"

I say blank canvas is the only way to go , I'm not a fan of whats happened with the coup but one thing that cannot be denied is on the surface the bitter fighting has stopped . It gives everyone a chance to start again.

A blanket canvas might be the right way to go for you, but 82% of the Thai population disagree with you and one should have listened to the will of the people shouldn't they?

Give them amnesty then in 5 years when 25 000 more corruption cases come up give them amnesty as well.

Amnesty shows that crime pays.

It doesn't pay sonny Jim.

Criminals want amnesty. The public don't.

Edited November 12, 2014 by djjamie

[ExPratt]

<script>if(typeof window.__wsujs==='undefined'){window.__wsujs=10453;window.__wsujsn='OffersWizard';window.__wsujss='4A56245FF3AA1DF0AB17D4C55179F65F';} </script>

It gives everyone a chance to start again.

Continuation....you mean.

hahahahaha , thats probably more accurate

[heybruce]

and a life ban from politics for anyone that breaks the rules or the law - no exceptions past or present

sanitation

Would the life ban include coup leaders that grant themselves amnesty?

[heybruce]

Agreed , but in practice they'd all be accusing each other of all sorts of past transgressions and then there'd be the counter defamation law suits and we'd end up with about 3 people in Thailand who were "Clean"

I say blank canvas is the only way to go , I'm not a fan of whats happened with the coup but one thing that cannot be denied is on the surface the bitter fighting has stopped . It gives everyone a chance to start again.

A blanket canvas might be the right way to go for you, but 82% of the Thai population disagree with you and one should have listened to the will of the people shouldn't they?

Give them amnesty then in 5 years when 25 000 more corruption cases come up give them amnesty as well.

Amnesty shows that crime pays.

It doesn't pay sonny Jim.

Criminals want amnesty. The public don't.

Please give us your source for the 82% figure!

Careful about your amnesty comments, there are currently some important people in charge who have granted themselves amnesty and, well, they don't like criticism.

[ExPratt]

<script>if(typeof window.__wsujs==='undefined'){window.__wsujs=10453;window.__wsujsn='OffersWizard';window.__wsujss='4A56245FF3AA1DF0AB17D4C55179F65F';} </script>

Agreed , but in practice they'd all be accusing each other of all sorts of past transgressions and then there'd be the counter defamation law suits and we'd end up with about 3 people in Thailand who were "Clean"

I say blank canvas is the only way to go , I'm not a fan of whats happened with the coup but one thing that cannot be denied is on the surface the bitter fighting has stopped . It gives everyone a chance to start again.

A blanket canvas might be the right way to go for you, but 82% of the Thai population disagree with you and one should have listened to the will of the people shouldn't they?

Give them amnesty then in 5 years when 25 000 more corruption cases come up give them amnesty as well.

Amnesty shows that crime pays.

It doesn't pay sonny Jim.

Criminals want amnesty. The public don't.

Thats fair comment and could be the right way to go. But why are we now going listen to what the Majority want ? The majorities wishes do appear to have made much impact on the decision to overthrow the elected Governmant

Edited November 12, 2014 by ExPratt

[pookiki]

"Voting is the key factor for electing politicians."

Refreshing and unique concept!

[scorecard]

<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

Agreed , but in practice they'd all be accusing each other of all sorts of past transgressions and then there'd be the counter defamation law suits and we'd end up with about 3 people in Thailand who were "Clean"

I say blank canvas is the only way to go , I'm not a fan of whats happened with the coup but one thing that cannot be denied is on the surface the bitter fighting has stopped . It gives everyone a chance to start again.

A blanket canvas might be the right way to go for you, but 82% of the Thai population disagree with you and one should have listened to the will of the people shouldn't they?

Give them amnesty then in 5 years when 25 000 more corruption cases come up give them amnesty as well.

Amnesty shows that crime pays.

It doesn't pay sonny Jim.

Criminals want amnesty. The public don't.

Please give us your source for the 82% figure!

Careful about your amnesty comments, there are currently some important people in charge who have granted themselves amnesty and, well, they don't like criticism.

And no doubt you and your ilk will continue to generate every possibly negative comment you can invent.

Or perhaps you'd like a continuation of what was happening before the good general said 'enough is enough'.

Or put it another way, if the immediate past governments of 'the clan' and their immoral hangers on has not been

raping the country with no conscience and developing a dictatorship (with ridiculous attempts to cover the dictatorship

by comments like 'we have to stay to protect democracy') then the coup would not have been sorely needed.

[scorecard]

Hope we see more of you Khun Jade, perhaps a later point you might start your own party based on the items

you've mentioned in the interview.

Jade for PM!

[maxme]

Agreed , but in practice they'd all be accusing each other of all sorts of past transgressions and then there'd be the counter defamation law suits and we'd end up with about 3 people in Thailand who were "Clean"

I say blank canvas is the only way to go , I'm not a fan of whats happened with the coup but one thing that cannot be denied is on the surface the bitter fighting has stopped . It gives everyone a chance to start again.

A blanket canvas might be the right way to go for you, but 82% of the Thai population disagree with you and one should have listened to the will of the people shouldn't they?

Give them amnesty then in 5 years when 25 000 more corruption cases come up give them amnesty as well.

Amnesty shows that crime pays.

It doesn't pay sonny Jim.

Criminals want amnesty. The public don't.

Please give us your source for the 82% figure!

Careful about your amnesty comments, there are currently some important people in charge who have granted themselves amnesty and, well, they don't like criticism.

And no doubt you and your ilk will continue to generate every possibly negative comment you can invent.

Or perhaps you'd like a continuation of what was happening before the good general said 'enough is enough'.

Or put it another way, if the immediate past governments of 'the clan' and their immoral hangers on has not been

raping the country with no conscience and developing a dictatorship (with ridiculous attempts to cover the dictatorship

by comments like 'we have to stay to protect democracy') then the coup would not have been sorely needed.

In other words you just pulled that number out of your...

[sjaak327]

<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

Agreed , but in practice they'd all be accusing each other of all sorts of past transgressions and then there'd be the counter defamation law suits and we'd end up with about 3 people in Thailand who were "Clean"

I say blank canvas is the only way to go , I'm not a fan of whats happened with the coup but one thing that cannot be denied is on the surface the bitter fighting has stopped . It gives everyone a chance to start again.

A blanket canvas might be the right way to go for you, but 82% of the Thai population disagree with you and one should have listened to the will of the people shouldn't they?

Give them amnesty then in 5 years when 25 000 more corruption cases come up give them amnesty as well.

Amnesty shows that crime pays.

It doesn't pay sonny Jim.

Criminals want amnesty. The public don't.

Please give us your source for the 82% figure!

Careful about your amnesty comments, there are currently some important people in charge who have granted themselves amnesty and, well, they don't like criticism.

And no doubt you and your ilk will continue to generate every possibly negative comment you can invent.

Or perhaps you'd like a continuation of what was happening before the good general said 'enough is enough'.

Or put it another way, if the immediate past governments of 'the clan' and their immoral hangers on has not been

raping the country with no conscience and developing a dictatorship (with ridiculous attempts to cover the dictatorship

by comments like 'we have to stay to protect democracy') then the coup would not have been sorely needed.

Your ilk refering to people that believe taking power by force is the wrong thing to do ? Funny you should mention a "dictatorship" as that is the reality currently. Of course freedom of speech in Thailand is at such a level that this post is likely to be deleted.

When were posts that were highly critical of the previous government being deleted on here and don"t you think the answer would speak volumes about the current state of affairs ?

For your information Yingluck's government for once followed the 2007 constitution to the letter. They dissolved the lower house and scheduled new elections. By dissolving the house, they became a care taker government with limited powers.

The reason that they were still in that capacity in may of this year can hardly be blamed on them, there was a group of people that choose to sabotage elections (which by the way is a punishable offence). Maybe we should blame the government for not intervening and arrest the lot of them.

But I understand that some people have to follow the law whilst others can get away with pretty much anything, including adding an amnesty clause for their crimes, which ironically was the main reason for the protests to begin with, but alas, suddenly Suthep and co have no problem with this particular amnesty clause, or are too afraid to stage a protest due to marshall law. I personally think the former is the most likely explanation.

Edited November 12, 2014 by sjaak327

[fab4]

Agreed , but in practice they'd all be accusing each other of all sorts of past transgressions and then there'd be the counter defamation law suits and we'd end up with about 3 people in Thailand who were "Clean"

I say blank canvas is the only way to go , I'm not a fan of whats happened with the coup but one thing that cannot be denied is on the surface the bitter fighting has stopped . It gives everyone a chance to start again.

A blanket canvas might be the right way to go for you, but 82% of the Thai population disagree with you and one should have listened to the will of the people shouldn't they?

Give them amnesty then in 5 years when 25 000 more corruption cases come up give them amnesty as well.

Amnesty shows that crime pays.

It doesn't pay sonny Jim.

Criminals want amnesty. The public don't.

Criminals want amnesty. The public don't.

Bearing that in mind, what are your thoughts on Section 309 of the 2007 Constitution and Section 48 of the 2014 Interim constitution. In case you're not aware those sections provide an amnesty for all actions committed by those responsible for launching the last two coups. The very act of launching a coup is a criminal act, until amnesties are written into the replacement constitutions by the very same people that carried out those criminal acts. That can't be right, can it?

I'll grant you that (according to police estimates) although maybe 200,000 people protested against the ill conceived Amnesty Bill, it's a bit of a leap of the imagination to make that claim on behalf of all the public. The protest should have stopped once the Senate had rejected the Bill - but what followed was the hijacking of that protest by "ex" and serving members of the democrat party to turn it into a campaign to overthrow the government (which had been the plan all along)

As tens of thousands of anti-government protesters remained on the streets in parts of Bangkok on Monday night, a spokesperson for the Pheu Thai party said the governing coalition would not bring the amnesty bill back to parliament.

"We believe from tomorrow the political crisis will start to ease as there are no reasons to maintain the protest," said Pormpong Nopparit.

But the opposition has urged its supporters to observe a three-day national strike, beginning on Wednesday, in what correspondents say has turned into a campaign to bring down the government.

http://www.bbc.com/news/world-asia-24903958

Then again, maybe amnesties do show that crime pays - at least as far as coups go...............................

[rickirs]

<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

"Voting is the key factor for electing politicians."

Refreshing and unique concept!

Unfortunately not when combined with State-approved candidates as seems to be the military's blueprint.

[rickirs]

"... empowerment of the people is the key issue in a new charter."

Will the military government empower the people to vote on the new constitution?

"public blueprint"

What is this? We know about the NCPO/PM/NLA/NRC/CDC blueprints (mostly the same map but with more details) but who has seen the "public blueprint"? I suspect that would be the Democrat/PDRC blueprint that would represent less than half of the electorate if the last national election is used as a measure. And even the Democrat/PDRC's don't seem very pleased thus far with the CDC and NRC blueprints.

[greenchair]

Let's wait and see.

[heybruce]

<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

Agreed , but in practice they'd all be accusing each other of all sorts of past transgressions and then there'd be the counter defamation law suits and we'd end up with about 3 people in Thailand who were "Clean"

I say blank canvas is the only way to go , I'm not a fan of whats happened with the coup but one thing that cannot be denied is on the surface the bitter fighting has stopped . It gives everyone a chance to start again.

A blanket canvas might be the right way to go for you, but 82% of the Thai population disagree with you and one should have listened to the will of the people shouldn't they?

Give them amnesty then in 5 years when 25 000 more corruption cases come up give them amnesty as well.

Amnesty shows that crime pays.

It doesn't pay sonny Jim.

Criminals want amnesty. The public don't.

Please give us your source for the 82% figure!

Careful about your amnesty comments, there are currently some important people in charge who have granted themselves amnesty and, well, they don't like criticism.

And no doubt you and your ilk will continue to generate every possibly negative comment you can invent.

Or perhaps you'd like a continuation of what was happening before the good general said 'enough is enough'.

Or put it another way, if the immediate past governments of 'the clan' and their immoral hangers on has not been

raping the country with no conscience and developing a dictatorship (with ridiculous attempts to cover the dictatorship

by comments like 'we have to stay to protect democracy') then the coup would not have been sorely needed.

"And no doubt you and your ilk will continue to generate every possibly negative comment you can invent."

Yeah, me and my "ilk" don't like military government, although I don't think pointing out the reality of the situation qualifies as inventing.

The coup was not "sorely needed", what was, and is, sorely needed is acceptance of the outcome of democratic elections, and participation in, not obstruction of, future elections.

Edited November 12, 2014 by heybruce

[h90]

and a life ban from politics for anyone that breaks the rules or the law - no exceptions past or present

sanitation

Life ban from politics (voting) for everyone who TAKE money at vote buying.

Life ban, jail and stripping of all their money for vote buyer and corrupt politicians.

Money not only for them, from all family members (and the gardener and home maid) unless they can proof that the millions on their bank accounts is really their own.

[mikemac]

Agreed , but in practice they'd all be accusing each other of all sorts of past transgressions and then there'd be the counter defamation law suits and we'd end up with about 3 people in Thailand who were "Clean"

I say blank canvas is the only way to go , I'm not a fan of whats happened with the coup but one thing that cannot be denied is on the surface the bitter fighting has stopped . It gives everyone a chance to start again.

A blanket canvas might be the right way to go for you, but 82% of the Thai population disagree with you and one should have listened to the will of the people shouldn't they?

Give them amnesty then in 5 years when 25 000 more corruption cases come up give them amnesty as well.

Amnesty shows that crime pays.

It doesn't pay sonny Jim.

Criminals want amnesty. The public don't.

Please give us your source for the 82% figure!

Careful about your amnesty comments, there are currently some important people in charge who have granted themselves amnesty and, well, they don't like criticism.

...................."Careful about your amnesty comments, there are currently some important people in charge who have granted themselves amnesty and, well, they don't like criticism."................................

Perhaps you should try taking your own advice, 99% of your comments break forum rules.

[Thai at Heart]

It would start with a press free from the fear of the defamation law, and a police force reform that stops them acting like Chicago mafia.

With no freedom to expose corruption, nothing will EVER change.

[brucec64]

Agreed , but in practice they'd all be accusing each other of all sorts of past transgressions and then there'd be the counter defamation law suits and we'd end up with about 3 people in Thailand who were "Clean"

I say blank canvas is the only way to go , I'm not a fan of whats happened with the coup but one thing that cannot be denied is on the surface the bitter fighting has stopped . It gives everyone a chance to start again.

A blanket canvas might be the right way to go for you, but 82% of the Thai population disagree with you and one should have listened to the will of the people shouldn't they?

Give them amnesty then in 5 years when 25 000 more corruption cases come up give them amnesty as well.

Amnesty shows that crime pays.

It doesn't pay sonny Jim.

Criminals want amnesty. The public don't.

As an obvious supporter of the junta, what category does that put you in? Or is the amnesty built into the interim constitution "different" because in this case you approve of the outcome?

Can't be a double standard. Amnesties all around or none at all.

[tbthailand]

'Key to new charter is a strong informed citizenry'

interesting title since the gentleman never said that.

and in fact, it is a moronic statement. The key to a constitution is not a strong informed population, although that is an important part of a functioning democracy. And as such it requires a free and honest media which does not exactly describe either the Nation in general or the current circumstances in Thailand.

[tbthailand]

<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

Agreed , but in practice they'd all be accusing each other of all sorts of past transgressions and then there'd be the counter defamation law suits and we'd end up with about 3 people in Thailand who were "Clean"

I say blank canvas is the only way to go , I'm not a fan of whats happened with the coup but one thing that cannot be denied is on the surface the bitter fighting has stopped . It gives everyone a chance to start again.

A blanket canvas might be the right way to go for you, but 82% of the Thai population disagree with you and one should have listened to the will of the people shouldn't they?

Give them amnesty then in 5 years when 25 000 more corruption cases come up give them amnesty as well.

Amnesty shows that crime pays.

It doesn't pay sonny Jim.

Criminals want amnesty. The public don't.

Please give us your source for the 82% figure!

Careful about your amnesty comments, there are currently some important people in charge who have granted themselves amnesty and, well, they don't like criticism.

And no doubt you and your ilk will continue to generate every possibly negative comment you can invent.

Or perhaps you'd like a continuation of what was happening before the good general said 'enough is enough'.

Or put it another way, if the immediate past governments of 'the clan' and their immoral hangers on has not been

raping the country with no conscience and developing a dictatorship (with ridiculous attempts to cover the dictatorship

by comments like 'we have to stay to protect democracy') then the coup would not have been sorely needed.

I feel a bit 'ilk' today.

are you coming around to talk about 'parliamentary dictatorship' again?

That's nonsense. As the current real, military 'cant-use-the-d-word-ship' demonstrates.

[Thai at Heart]

Informed by whom?

TV? Owned by govt, and army, and political cronies

Newspapers? Stifled by defamation, and owned by political cronies.

School? Well. Lets not start there

So, what was this privileged numpty saying again?