Thai reconciliation body 'will succeed where others have failed'

[webfact]

Reconciliation body 'will succeed where others have failed'
The Nation


Anek Laothamatas

BANGKOK: -- Constitution drafter Anek Laothamatas gave an exclusive interview to The Nation on Wednesday, explaining the details of the reconciliation process. The interview centred on the function of the reconciliation committee and its composition as well as the prospects of the reconciliation process.

DOES THE CONSTITUTION DRAFTING COMMITTEE HAVE THE NAMES OF THE 14 RECONCILIATION COMMITTEE MEMBERS IN MIND?

No. Not yet. This clause has already been included in the draft of the charter. However, we have to wait until the draft passes the CDC's examination [before acting on it].

Of the 14 members of this reconciliation committee, nine should be people who are neutral, highly respected and experienced and who understand the causes of conflict. Those nine members will select another five people from the conflicting parties.

IS IT NECESSARY FOR THE 14 MEMBERS OF THE COMMITTEES TO COME FROM ACADEMIA OR BE MEMBERS OF THE PRIVY COUNCIL?

It is not necessary at all. As for the Privy Council, we have not thought about that, as I do not think that any members of the Privy Council could join the committee.

ARE THE CONFLICTING PARTIES THE PEOPLE'S DEMOCRATIC REFORM COMMITTEE (PDRC), THE UNITED FRONT FOR DEMOCRACY AGAINST DICTATORSHIP (UDD), AND THE PEOPLE'S ALLIANCE FOR DEMOCRACY (PAD)?

The charter does not mention the source of such a component, but by common sense, yes, they are.

WHEN WILL THE RECONCILIATION COMMITTEE BE FORMED?

Any time soon [after the constitution comes into force] because the committee will last only five years. And after five years, the committee will be able to continue its mandate [for another five years], if a referendum is held [supporting that].

THERE IS AN ISSUE LOOMING OVER THE POSSIBILITY THAT THE NATIONAL RECONCILIATION COMMITTEE WOULD PROPOSE THE ISSUANCE OF AN AMNESTY BILL OR THE IMPLEMENTATION OF A ROYAL PARDON [TO SOME WRONGDOERS INVOLVED IN POLITICAL DISPUTES]. HOW WOULD THIS LOOK IN REALITY?

This would depend on the committee's decision. The committee could eventually decide on whether to ask the government to issue a decree of pardon or amnesty. The two terms have different meanings; "pardon" means you did something wrong but were forgiven, while "amnesty" means your guilt was fully washed away.

If there is a case involving amnesty, this would be done through a careful examination of the case. So there is no need to be afraid of a full-scale amnesty process.

Amnesty is not something completely new in Thai politics. We used to have amnesty, not only for political matters but for many cases. The most important thing is that conciliation does not mean only pardon or amnesty. There are many components in it such as conflict resolutions and equality and justice.

IN THE FUTURE, WHO WOULD BE ELIGIBLE TO RECEIVE AMNESTY? AND, WOULD FORMER PRIME MINISTER THAKSIN SHINAWATRA BE ELIGIBLE FOR AMNESTY?

We have not figured out all the details. [but] we would not grant amnesty in lese majeste cases or cases related to corruption and murder.

Everyone agrees that Thaksin's case is related to the abuse of power and, therefore, is to be considered a corruption case. We do not have any intention to link it to the amnesty … Everyone has agreed on that.

WHEN WE TALK ABOUT RECONCILIATION, SOME PEOPLE SUGGEST THAT THE PRIME MINISTER SHOULD MEET WITH THAKSIN.

It is just a misunderstanding. Initially, Wanchai Sornsiri [a member of the National Reform Council] advanced the idea with good intentions but we don't have plans for the prime minister to talk with anybody [related to the Thaksin case]. It is up to those in power, but we should begin with trust, rather than suggest he do this and that.

WE'VE HAD MANY RECONCILIATION COMMITTEES IN THE PAST, BUT THEY FAILED. WHAT CAN WE EXPECT FROM THIS ONE?

We have to live with hope. We'll do our best. This one is also different. In the past, the conciliation committee was set up by the government, which was a party in the conflict and was not accepted by the opposing party.

But this time it is not the conflict party [that launched the process]. It is another new story. Sometimes we had charismatic people on the conciliation committee but they did not have constitutional authority. The new constitution will give them such authority. The new constitution will grant a clear mandate, resources and budget to the reconciliation committee.

The new constitution will state that "the Cabinet and Parliament along with concerned state agencies should cooperate with the national reform committee, and allocate sufficient budget for remedies as required by the reconciliation committee".

IS THAKSIN A KEY FACTOR IN THE RECONCILIATION?

It's rational but who will talk with him? … [but it is] not only Thaksin. Indeed, many figures in the conflict need to talk and they have talked together for some time.

Source: http://www.nationmultimedia.com/politics/Reconciliation-body-will-succeed-where-others-have-30254495.html

-- The Nation 2015-02-20

[BSJ]

Tip toeing through a minefield would be easier for the 9 members than picking the other 5 from the warring factions!

[greenchair]

Past committees have failed, because they have been set up by the government and the opposing party objected.

This one will be different because it is set up by the current neutral government ???

[NeverSure]

Past committees have failed, because they have been set up by the government and the opposing party objected.

This one will be different because it is set up by the current neutral government ???

[tbthailand]

so it looks official?

The junta appointed CDC will appoint the reconciliation committee which will live on after the Junta supposedly returns democracy to Thailand....

And then, they think,

Reconciliation body 'will succeed where others have failed'

yeah, right.

[cup-O-coffee]

The only way they can succeed where others have failed is if, literally, every single member votes the same and all decisions are unanimous. Even one dissenting vote proves the fact that everyone has different views and opinions; hence... NOT successful. Simply because this body thinks it is perfect will not convince or persuade those outside the body. This committee has a long, uphill battle ahead of it once they walk out of their meeting room holding all their perfect little ideas in their laptops. With that being said, I am convinced that yet again there will be more waste of time, resources and money until someone, who thinks they are the chosen one, comes along to replace this old version of yet another committee.

The HUB of BS and zero results.

[Docno]

Interesting, this talk of reconciliation juxtaposed with the impeachment and recent indictment of Yingluck on charges of negligence. Talk about mixed messages. Many (most?) of her numerous supporters will see those legal moves as persecution more than prosecution, and that does little to serve the goal of reconciliation. Perhaps the long-term aim is to find her guilty, remove her from politics for a while, but not incarcerate her ... this last bit could be promoted as an act of good-will and reconciliation. [i.e., "she is guilty, but in the interest of reconciliation and looking forward to a harmonious future, we will not punish her"]. Perhaps this is who they have in mind when they talk about amnesty, not big brother. But if they send Yingluck to prison or use some other 'harsh' punishment, true reconciliation will be very unlikely.

[Emster23]

Hmmm members not picked, no details, no plans but "this time will work for sure!".... may I suggest after imprisoning Yingluck for negligence dating back 10 years (J Head pointed that out on BBC), junta promises her fresh flowers in her cell every day?

[yellowboat]

Past committees have failed, because they have been set up by the government and the opposing party objected.

This one will be different because it is set up by the current neutral government ???

Yeah, the article lacked anything that sounded remotely reassuring. Just more hot air from the government.

[Jonmarleesco]

'... two terms have different meanings; "pardon" means you did something wrong but were forgiven, while "amnesty" means your guilt was fully washed away.' Amnesty, in fact, is a pardon; one given to those convicted of political offences. It also refers to a period during which offenders admitting to a specified crime - such as tax evasion - can escape prosecution by agreeing to certain conditions; e.g: paying the overdue tax and a fixed penalty.

'... we would not grant amnesty in lese majeste cases ...' What a surprise!

[Rykbanlor]

The interview centred on the function of the reconciliation committee and its composition as well as the prospects of the reconciliation process.

Yes, they can talk about how it will be formed, how it may fare, but most importantly what they can't talk about is how it will actually work and what will it do. I bet they spent most of their time coming up with a name and making some nice charts and diagrams about this that and the next thing. And maybe they have a nice coloured schedule that shows when the process will begin. (speculation welcome)

[SOUTHERNSTAR]

I thought MAD isn't publised anymore but I see its still alive and well.

[Srikcir]

A question not asked:

SHOULD THE JUNTA GET AN AMNESTY OR A ROYAL PARDON FOR ITS VIOLATION OF THE 2007 CONSTITUTION AS PART OF THE NATIONAL RECONCILIATION?

The military operates outside any constitutionan and, since it holds absolute power over Thai sovereignty, it isn't required to reconcile with anyone. It can and will continue to grant itself amnesty whenever it fears it has breached Thai laws and could be prosecuted. As Prayuth might say, "Why do you waste my time with such a stupid question?"

Edited February 20, 2015 by Srikcir

[EnglishJohn]

Sorry Pheu-Thai supporters but you lost all rights to criticise any reconciliation efforts by the junta after that utter farce fronted by Yingluck.

Every speaker stressed not to force things on the people they did not want. Pheu-Thai didn't let the paint dry on that message before railroading the amnesty bill through.

Time for you to shut up and let someone with more sincerity have a go.

[Docno]

Sorry Pheu-Thai supporters but you lost all rights to criticise any reconciliation efforts by the junta after that utter farce fronted by Yingluck.

Every speaker stressed not to force things on the people they did not want. Pheu-Thai didn't let the paint dry on that message before railroading the amnesty bill through.

Time for you to shut up and let someone with more sincerity have a go.

So then it's reconciliation with whom?? Or do you want everyone standing around shaking their own hand or doing a circle jerk?