Interview: 'New Thai charter will give us a better future'

[webfact]

EXCLUSIVE INTERVIEW
'New charter will give us a better future'
Nitipol Kiravanich,
Kris Bhromsuthi
The Nation


Kamnoon

Kamnoon says new constitution's aim is to focus on reforms; insists his anti-Thaksin stance will not affect his neutrality

BANGKOK: -- Kamnoon Sidhisamarn, a key member of the Constitution Drafting Committee (CDC), says he is determined to help create a charter that does not just serve this generation but also ensures security and happiness for future generations.

He also admitted that though he cannot deny his anti-Thaksin Shinawatra sentiments, which he is known for, he will try to be very neutral when drafting this charter.

"I cannot change people's minds or what they think of me. I can't deny being anti-Thaksin either, but would like to call on the public to see me as a human who has two children. I pledge that this constitution will be a neutral one that ensures our children have better, secure lives," the political columnist turned lawmaker said.

A former law graduate who also oversees legal affairs for the National Reform Council (NRC), Kamnoon said there have been many cases in which previous constitutions have been wrongly interpreted in the legal sense and many articles have been misunderstood and wrongly implemented.

Therefore, he said, working on "intent of law and literature" is very important for this charter and how it is implemented in the future. Kamnoon is also chairman of CDC's subcommittee in charge of Intent of Law and Literature.

"The intent of law needs to be written clearly in order to prevent misinterpretation and also for people to have a clear idea of what the law means," he said.

He explained that his work for this subcommittee would cover two aspects: recording the intent of law; and arranging and reviewing the related literature.

The subcommittee has been keeping records since the first day the CDC began working and will be recording all evidence throughout the process of drafting the new charter.

The CDC will also arrange for political parties and political groups to participate and offer suggestions for the new charter, Kamnoon said, adding that the committee was open-minded and wanted to see this constitution passed on to future generations.

"Certainly every side we have invited to take part in the forum have different ideas about what should be inserted in the constitution, so the committee will have to make reasonable decisions. Also, the most important thing is that we have to be able to explain everything to the public," he said.

When asked how the public and political parties could meet to discuss ideas while martial law is still in effect, Kamnoon said the CDC realised that this might be an obstacle, so the committee and the NRC would meet with the NCPO to find solutions.

However, he said he did not think it was time to lift martial law yet, adding that maybe the NRC would open other channels for people to offer ideas, such as via radio stations.

"Everybody, especially the junta, understands that eventually martial law will be lifted for elections to be held. I believe the military is doing what it can to prevent disputes or conflicts that could affect the country," he said. Also, he was not certain that disputes would not erupt again once martial law is lifted.

"We will have to observe and evaluate the end result and see if it's positive or negative, and whether the government has been able to accomplish the road map it has promised," Kamnoon said. Though he expressed concern about heavy criticism the junta has faced recently, he also called on the public to understand that the authorities' aim is to help the country achieve stability.

"Of course, the military staged a coup and it can now be considered dictatorship. However, the junta is also doing its best to promote democracy in the Kingdom," he said, citing recent problems in which the junta banned many public forums and had some TV shows suspended.

He admitted that although the new charter may not offer absolute solutions to help turn Thailand into an ideal country, he said four key organisations - CDC, NRC, the National Legislative Assembly and the government - were trying to create a new structure for the country.

He explained that the new charter would focus on reform and create a new political structure that works hand in hand with developing the country and bringing it forward.

Moreover, he said, each side should move toward reconciliation and work on reducing if not eradicating inequality in society, because a good constitution focuses on the people rather than on the content of articles.

Source: http://www.nationmultimedia.com/politics/New-charter-will-give-us-a-better-future-30248266.html


-- The Nation 2014-11-21

[chooka]

Ensure happiness for future generations.

I guess the attitude adjustment prisons/centers will stay to ensure people keep smiling on demand.

[RustBucket]

Until it is torn up again in a few years.

[ExPratt]

I want to believe them, I really do , but................................................

[NongKhaiKid]

Ensure happiness for future generations.

I guess the attitude adjustment prisons/centers will stay to ensure people keep smiling on demand.

Aah but it's character building

The people don't need to bother about developing themselves, we will do it for them.

Right you lot, on the word of command smile and, wait for it, you WILL be happy !

[BSJ]

As a foreigner I am ready willing and able to display my dancing prowess to Thai people in an effort to make them happy.

This bloke "Kamnoon "......I am not sure he can dance! Well maybe the Hokey Pokey, but that's not what it's all about.

[slapout]

I guess the anti Thaksin mind set is ok, but anti Shin/cronies may be better in writting a new constituton. It would probably help to have qualified, honest legal experts input and not the potential corrupt thieves who will be working the system for their personaql gain. Sorry forgot, the current plans/wishlist are the latter will be jailed, banned from politics, or absconded.

[sawadee1947]

"better future" ????? for whom? Of course only for ANTI-THAKSIN group. So the old game starts again....! It's again all about POWER. Is this what they describe as Thainess?

[The stuttering parrot]

Everybody understands that martial law will be lifted before elections?

We just need as much time as needed to teach the people how to be happy.

Now at the moment that includes media media muzzling quelling free think students banning movies arresting land reform farmers throwing the poor of encroached land etc etc.

Now you can clearly see and hear the general is not happy as he has stated so what we need to do is ramp up our efforts with further restrictions and then only the will the general and the people be happy.

Don't worry be happy!

[j15mth]

How many constituents have been written in the past 20 years and how many have succeeded ????Why will this be any different ?

[waitforusalso]

'New charter will give us a better future', but not you...you red buffalo!

[jpeg]

What's the point of all this, really? What have any administration done anything for the benefit of their citizenry except keep the poor down to ensure the continuation of the already grossly wealthy rich? Reform this reform that corruption corruption corruption. YAWN. Bloody not so merry go round this country is and always will be. This latest coup's removed all doubt about that.

Edited November 21, 2014 by jpeg

[Eric Loh]

We had a good charter in the 1997 constitution until the 2007 junta shred it to pieces and created a new one which have been problematic since then. Now we intend to completely dump the '07 charter and start all over again and hope it will be the mother of all charter. Fat hopes when you have all appointees who have taken sides of the political divide.

The1997 charter is by far the most inclusive charter drafted by a team of popularly elected CDA hence it was called the people charter. It creat a bicameral legislature with both houses elected. Human rights were recognized and there were sufficient check and balance. All these change with the '07 charter with appointed senators and re-structuring of the appointment system for the judiciary and independent agencies. It since has been lots of checks and imbalance.

Bring back the 1997 charter and that will bring back happiness to the people.

[gemini81]

Hub of oxymorons- as well as simply morons.

[billd766]

We had a good charter in the 1997 constitution until the 2007 junta shred it to pieces and created a new one which have been problematic since then. Now we intend to completely dump the '07 charter and start all over again and hope it will be the mother of all charter. Fat hopes when you have all appointees who have taken sides of the political divide.

The1997 charter is by far the most inclusive charter drafted by a team of popularly elected CDA hence it was called the people charter. It creat a bicameral legislature with both houses elected. Human rights were recognized and there were sufficient check and balance. All these change with the '07 charter with appointed senators and re-structuring of the appointment system for the judiciary and independent agencies. It since has been lots of checks and imbalance.

Bring back the 1997 charter and that will bring back happiness to the people.

Have you ACTUALLY read the 1997 and the 2007 charters side by side?

You say that the 1997 charter was shredded when in fact most of the 1997 charter was incorporated into the 2007 charter and many parts were actually strengthened.

Try doing a little research. Here would be a good place to start.

http://english.constitutionalcourt.or.th/index.php?option=com_docman&Itemid=4〈=en

[FangFerang]

In translation “I oversee legal affairs for the NRC and am writing a charter or the CDC. Can’t you C what I am doing? I am protecting, not my assets, but all our assets, especially our projected assets. If you have no assets, you have no ass.”

[rickirs]

"Of course, the military staged a coup and it can now be considered dictatorship."

I thought one of the rules for posting comments in TV while under martial law was that we could not call the Junta a dictatorship. Is this rule now lifted?

[rickirs]

"The intent of law needs to be written clearly in order to prevent misinterpretation and also for people to have a clear idea of what the law means," he said.

How about this:

The sovereign power belongs to the Thai people. The King as Head of State shall exercise such power through the National Assembly, the Council of Ministers and the Courts in accordance with the provisions of this Constitution.

and

Whenever no provision under this Constitution is applicable to any case, it shall be decided in accordance with the constitutional convention in the democratic regime of government with the King as Head of State.

The Junta clearly understood such language as it is found in Chapter 1, Sections 3 and 7 of the 2007 Constitution. And that is why it had to abolish the constitution and issue an amnesty for overthrowing the government.

It seems that a constitution can be too clearly written when some creative interpretation is needed.

[Mudcrab]

Everybody understands that martial law will be lifted before elections?

We just need as much time as needed to teach the people how to be happy.

Now at the moment that includes media media muzzling quelling free think students banning movies arresting land reform farmers throwing the poor of encroached land etc etc.

Now you can clearly see and hear the general is not happy as he has stated so what we need to do is ramp up our efforts with further restrictions and then only the will the general and the people be happy.

Don't worry be happy!

And Mr T is often quoted....'Democracy is not my goal' is often relegated to the dustbin of history.

But it lays there simmering until the Messiah is reincarnated and holds his rightful place as the Dictator of Thailand ...similar to his relation Hun Sen in Cambodia.

Then all the Red floozies on TV who thought they were really important in the Movement will find out they are just another farang to be used and tossed aside. You idiots.

[whybother]

insists his anti-Thaksin stance will not affect his neutrality

It's hard to affect it if you don't have it.

[Eric Loh]

We had a good charter in the 1997 constitution until the 2007 junta shred it to pieces and created a new one which have been problematic since then. Now we intend to completely dump the '07 charter and start all over again and hope it will be the mother of all charter. Fat hopes when you have all appointees who have taken sides of the political divide.

The1997 charter is by far the most inclusive charter drafted by a team of popularly elected CDA hence it was called the people charter. It creat a bicameral legislature with both houses elected. Human rights were recognized and there were sufficient check and balance. All these change with the '07 charter with appointed senators and re-structuring of the appointment system for the judiciary and independent agencies. It since has been lots of checks and imbalance.

Bring back the 1997 charter and that will bring back happiness to the people.

Have you ACTUALLY read the 1997 and the 2007 charters side by side?

You say that the 1997 charter was shredded when in fact most of the 1997 charter was incorporated into the 2007 charter and many parts were actually strengthened.

Try doing a little research. Here would be a good place to start.

http://english.constitutionalcourt.or.th/index.php?option=com_docman&Itemid=4〈=en

Dont you see that the important aspect of the '97 constitution especially section 121, 136 & 255 were drastically altered which have contributed much to the political instability?

[whybother]

Have you ACTUALLY read the 1997 and the 2007 charters side by side?

You say that the 1997 charter was shredded when in fact most of the 1997 charter was incorporated into the 2007 charter and many parts were actually strengthened.

Try doing a little research. Here would be a good place to start.

http://english.constitutionalcourt.or.th/index.php?option=com_docman&Itemid=4〈=en

Dont you see that the important aspect of the '97 constitution especially section 121, 136 & 255 were drastically altered which have contributed much to the political instability?

Section 136 (1997) is identical to Section 229 (2007). Section 255 (1997) is similar to section 204 (2007) with the number of judges reduced from 15 to 9, with the election/selection basically the same in sections 257 (1997) / 206 (2007).

Section 121 is obviously different, dealing with the half appointed senate.

[fab4]

We had a good charter in the 1997 constitution until the 2007 junta shred it to pieces and created a new one which have been problematic since then. Now we intend to completely dump the '07 charter and start all over again and hope it will be the mother of all charter. Fat hopes when you have all appointees who have taken sides of the political divide.

The1997 charter is by far the most inclusive charter drafted by a team of popularly elected CDA hence it was called the people charter. It creat a bicameral legislature with both houses elected. Human rights were recognized and there were sufficient check and balance. All these change with the '07 charter with appointed senators and re-structuring of the appointment system for the judiciary and independent agencies. It since has been lots of checks and imbalance.

Bring back the 1997 charter and that will bring back happiness to the people.

Have you ACTUALLY read the 1997 and the 2007 charters side by side?

You say that the 1997 charter was shredded when in fact most of the 1997 charter was incorporated into the 2007 charter and many parts were actually strengthened.

Try doing a little research. Here would be a good place to start.

http://english.constitutionalcourt.or.th/index.php?option=com_docman&Itemid=4〈=en

Many parts were strengthened and more importantly, some were weakened ........................for a reason.

Professor Kevin Hewison, director of the Asia Research Centre and Professor, Politics and International Studies,Murdoch University, Australia, has this to say (and quite a lot more)

The judiciary had been accused of corruption and political bias before the coup, and Thaksin certainly tried to influence it when in power. Yet it was the 2006 coup and the 2007 constitution that institutionalized the Constitutional Court’s political bias.

Immediately following the coup, the military junta set about drafting a constitution to replace the one it had thrown out. While it established a complex selection system for members of the Constitutional Drafting Assembly and Committee, the result was bodies intent on a charter that would prevent another Thaksin-dominated government.

The outcome has been seen in several striking interventions by the Constitutional Court, dissolving political parties in 2007 and 2008 and throwing out an elected government in 2008. Most recently, the court has ridden roughshod over parliament’s mandate to prevent any changes to the junta’s constitution.

The 2007 charter was born of both coup and stern military supervision. It was a mammoth 309-article draft that weakened the executive branch, removed considerable decision-making power to the bureaucracy and judiciary, transformed the senate from an elected body to one that was half-appointed, and enhanced the military’s political role and budget.

http://www.telegraph.co.uk/news/worldnews/asia/thailand/10586935/Protest-hit-Thailand-declares-state-of-emergency.html

[tbthailand]

insists his anti-Thaksin stance will not affect his neutrality

why do these people feel they need to lie?

"Of course, the military staged a coup and it can now be considered dictatorship. However, the junta is also doing its best to promote democracy in the Kingdom," he said,

well, besides being a ludicrous statement, the 'PM' just stated : "But don't ask me for democracy. Don't ask me for an election. I cannot give you that."

[tbthailand]

We had a good charter in the 1997 constitution until the 2007 junta shred it to pieces and created a new one which have been problematic since then. Now we intend to completely dump the '07 charter and start all over again and hope it will be the mother of all charter. Fat hopes when you have all appointees who have taken sides of the political divide.

The1997 charter is by far the most inclusive charter drafted by a team of popularly elected CDA hence it was called the people charter. It creat a bicameral legislature with both houses elected. Human rights were recognized and there were sufficient check and balance. All these change with the '07 charter with appointed senators and re-structuring of the appointment system for the judiciary and independent agencies. It since has been lots of checks and imbalance.

Bring back the 1997 charter and that will bring back happiness to the people.

not that it is even a remote possibility, but it would be the fastest way to return self-governance to the people.

and it would be infinitely preferable to this charade.

[khunpa]

If he really wants happiness for the future generations, then just simply focus on PROPER education for ALL. Let ALL people and not only the rich become smart. And by smart, I mean really smart. No more buying access to good grades or degrees! Going to happen? I doubt it!

[Thai at Heart]

And when the wrong type of person wins the election it will need reforming again...

[heybuz]

How about an expats advisory committee to to advise the government on the constitution. 555

Edited November 22, 2014 by heybuz