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New Thai Charter: 'Referendum won't be mandatory'


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NEW CHARTER
'Referendum won't be mandatory'

THE NATION

Amendment to interim charter will only provide plebiscite as an option; cabinet meets on Monday

BANGKOK: -- AN AMENDMENT to the interim charter could pave the way for a referendum to be held with legitimacy, but it would not stipulate that a plebiscite must be held, Deputy Prime Minister Wissanu Krea-ngam said yesterday.


"This is because if the people are happy [with the charter draft] or if they oppose a plebiscite, then we can take a step back on holding a referendum," he said.

The Cabinet will hold a special discussion next Monday to decide on whether to approve the amendment to the provisional charter that would allow a plebiscite to be held on the draft of a new constitution.

He said the question on whether a referendum should be held did not depend on the government but was up to the public and the Constitution Drafting Committee (CDC).

Asked what the next step would be if the charter draft were rejected in a referendum, Wissanu replied that several options were being considered.

The first option would be to appoint a new National Reform Committee (NRC) and a new CDC; the second is to appoint a new CDC without a new NRC; the third is to assign the National Legislative Assembly (NLA) to handle the issue; and the fourth option would have the Cabinet in association with one agency or several agencies adopt one of the previous charters.

Wissanu said Prime Minister Prayut Chan-o-cha had suggested that the Cabinet discuss adding other changes to the provisional charter. If it does so, it is possible the alterations could be submitted by Monday.

NRC chairman Thienchay Kiranandana suggested that Article 44 of the provisional charter that empowers the leader of the National Council for Peace and Order to exercise special administrative power be amended to remove some limitations. One of these limitations hindered solving issues such as the influx of Rohingya migrants, while "transfers of high-ranking government officials cannot be done as swiftly as they should be".

Associate Professor Somchai Preechasilpakul, rector of the Midnight University, urged that the government provide freedom of expression so people who opposed the charter could voice their opinions. "They should not face threat or intimidation under any circumstances," he said.

He said some agencies must be held responsible if the public rejected the charter draft.

"There is a cost every time a charter is torn apart because a huge amount of money is used to write a new one," he said.

He suggested that other agencies team up with the Election Commission to manage and hold a referendum because the EC had proved to have shortcomings when it handled the February 2 election last year.

He opposed appointing a new CDC if the charter draft were rejected by the public, saying the better option was to use the 1997 Constitution temporarily.

Former Pheu Thai MP Wattana Muangsuk said that according to the government's statement, the referendum would be held if the NRC voted in favour of the charter draft. However, if the NLA voted down the draft, it would be dropped and the plebiscite would not be needed.

To prevent endless cycles of having to appoint a new NRC when a charter draft was rejected, Wattana suggested the provisional charter be amended to stipulate that the people and not the junta were allowed to appoint a new CDC.

EC member Somchai Srisuthiyakorn said it was quite certain the plebiscite would be held in January next year and the general election in August, and a senatorial election in October 2016.

He said more than 20 million voters must exercise their voting rights if the country had 40 million eligible voters.

The result of the plebiscite would be legally binding on the government, unlike other plebiscites.

Somchai called on the government to allow public hearings on the referendum.

He said political groups who opposed or supported the charter draft must voice their opinions through public hearings endorsed by the EC, to prevent political groups with ulterior motives staging campaigns that might lead to conflict.

Source: http://www.nationmultimedia.com/politics/Referendum-wont-be-mandatory-30260579.html

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-- The Nation 2015-05-21

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"This is because if the people are happy [with the charter draft] or if they oppose a plebiscite, then we can take a step back on holding a referendum," he said.

Holding a referendum on whether to hold a referendum? blink.png

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If the charter draft were rejected in a referendum, the government has four options:

- Junta remains in power

- Junta remains in power

- Junta remains in power

- Junta remains in power

There is only the sovereignty of the Military to decide such matters. Under Article 44 the Thai people have no sovereignty.

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Associate Professor Somchai Preechasilpakul, rector of the Midnight University, urged that the government provide freedom of expression so people who opposed the charter could voice their opinions. "They should not face threat or intimidation under any circumstances," he said.

well, that's not going to happen, is it.... whistling.gif

someone will be coming soon to "adjust" this fellow... clap2.gif

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