Some provisions prejudiced: Seree

[Lite Beer]

Some provisions prejudiced: Seree
KRIS BHROMSUTHI
THE NATION


NRC justice panel chief questions need for new election organising committee

BANGKOK: -- MANY OF the provisions in the new charter were created with "prejudice and emotion" and they will consequently create problems in the future, a judicial expert said yesterday.

Seree Suwanphanont, chairman of the National Reform Council (NRC) panel on the justice system, courts and judges, cited the provision that makes the election organising committee a separate entity from the Election Commission (EC), which will now only have the power to regulate and investigate electoral fraud and hand out "yellow cards" to politicians.

"You need to reduce your prejudice. You claim that you have drafted a charter without any bias, but these provisions show plenty of intolerance," Seree said, adding that it looked like this provision was created because the drafters did not trust the EC.

He went on to say that there appeared to be no solid rational in establishing another election panel, because if there are problems with the EC, like corrupt officials, then charter drafters should focus on resolving the problem of corruption instead of setting up another panel altogether.

Seree is also concerned with the acquisition of EC members, who he said might be politically influenced because the charter provision states that they should be appointed by permanent secretaries of ministries, who in turn are appointed by politicians.

Also, establishing a new panel to organise elections might create work conflicts with the EC if their duties are not clearly stated, Seree said.

The EC is one of the most controversial independent organisations, as it attracts political scrutiny and criticism for its partiality and tendency to be politicised by the group that is in power at the time.

Seree was voicing his views on the charter provisions as the meeting between the Constitution Drafting Committee (CDC) and NRC entered its fifth day.

The head of the NRC panel also said he was concerned about Article 225, which allows a third of the court appointing committee to be outsiders.

He explained that though the intention might be good, it still opened the door to political influence. "There's bound to be political intervention, because this means outsiders will have a chance to appoint judges."

Though Article 2(7) on local administration and decentralistion was also brought up as a topic of discussion, only 13 NRC members spoke up about it - a relatively small number compared to the 179 who spoke on the topic of political reform.

CDC members responded by saying that the emphasis is on decentralisation of power and the establishment of People's Assembly at local levels will contribute greatly to the idea of "letting people govern themselves".

Thanongsak Taweethong said the existing "district parliaments", which is similar to the People's Assembly, has been successful as it gives people a chance to play a part in local administration, citing the district parliament in Khon Kaen province.

"I believe this system would be more successful than the concept of People's Assembly," he said.

However, he added, there should be a clearer road map for decentralisation because in reality, there is always resistance from central officials and budget constraints, as experienced under the 1997 and 2007 charters.

NRC member Wanlop Primpong, meanwhile, voiced concerns about Article 211, which states that certain local groups or organisations can help their local administration with their tasks as well as help make decisions.

"The part about local participation must be more specific, for instance, how will they help make decisions? What is the decision-making process? What is the scope of decision-making power? Is it only to solve problems? All these points should be stated clearly in the charter," he said.

However, he said he appreciated Article 216, which states that all local administration officials should be given the status of civil servants.

Source: http://www.nationmultimedia.com/politics/Some-provisions-prejudiced-Seree-30258746.html

-- The Nation 2015-04-25

[zaphod reborn]

Funny that the judiciary is more critical of the draft charter than PTP. The drafting process really suffered from the lack of diversity in the composition of the CDC.

[bobmac10]

Oh wow, really?

What a surprise.

[ChrisY1]

Funny that the judiciary is more critical of the draft charter than PTP. The drafting process really suffered from the lack of diversity in the composition of the CDC.

I doubt there are many people within the PTP that would be able to understand the charter.......

[JAG]

Funny that the judiciary is more critical of the draft charter than PTP. The drafting process really suffered from the lack of diversity in the composition of the CDC.

I doubt there are many people within the PTP that would be able to understand the charter.......

Maybe PTP have accepted that the charter is going to be implemented come what may, and are keeping their powder dry for when it is deployed against them during /after an election, when rather more notice will be taken internationally.

[lucky11]

Funny that the judiciary is more critical of the draft charter than PTP. The drafting process really suffered from the lack of diversity in the composition of the CDC.

I doubt there are many people within the PTP that would be able to understand the charter.......

Maybe PTP have accepted that the charter is going to be implemented come what may, and are keeping their powder dry for when it is deployed against them during /after an election, when rather more notice will be taken internationally.

America won't take any notice after the election as democracy (elections more precisely) is all they are concerned about.

Accepting the charter doesn't come into it - it is what it is and that is it basically, they will just have to lump it as they are an impotent force now. That it has been engineered to marginalise them and make them irrelevant is a huge bonus!!!

I personally prefer it as it is, with article 44. proving particularly useful, but unfortunately, democracy will have to be implemented at some point in the future.

[phoenixdoglover]

" I personally prefer it as it is, with article 44. proving particularly useful, but unfortunately, democracy will have to be implemented at some point in the future."

Don't be shy. Tell us how you really feel.

[lucky11]

" I personally prefer it as it is, with article 44. proving particularly useful, but unfortunately, democracy will have to be implemented at some point in the future."

Don't be shy. Tell us how you really feel.

I did!! and I do.