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Thai Charter drafters want final say on amending articles


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Charter drafters want final say on amending articles
NITIPOL KIRAVANICH
THE NATION

THE CHARTER drafters have insisted that they should have the final say in altering any articles in the final draft.

BANGKOK: -- They said drastic changes in the charter draft proposed by the Cabinet could affect the heart of the document and contradict its writers' principles.


"Every agency could propose any manner of change to the charter articles," said CDC spokesman Kamnoon Sidhisamarn, but "the CDC also has the authority under the 2014 interim charter to scrutinise whether we will amend the charter articles or not, and how much we will alter the articles," said.

Kamnoon added "we will scrutinise every motion thoroughly."

On Monday, the Cabinet proposed about 100 revisions to the draft constitution. The major articles the Cabinet proposed to amend included reducing the Senate's authority in proposing laws, scrutinising the qualifications of ministers, abolishing 'political interest groups' and the National Ethical Committee.

Other issues included not merging the Office of the Ombudsman and the National Human Rights Commission (NHRC), opposing the new Mixed-Member Proportional (MMP) electoral system, and eliminating Articles 181 and 182 that give excessive authority to the prime minister in proposing laws.

Political observers and the public believed that such drastic proposals from the Cabinet would contradict what CDC intended to do - in other words defeating what the charter drafters were trying to achieve.

Kamnoon responded that the CDC had no firm principles that they could not amend, and believed that related agencies such as the National Council for Peace and Order (NCPO), the Cabinet and the National Reform Council (NRC) had good intentions in making this charter suitable for the country.

He also explained that CDC could alter charter articles freely, because the process of drafting a Constitution was different from scrutinising the bill process of the House of Representatives.

Kamnoon added the process of the House during the first draft process was to accept the principles of the law. People who reserved their rights to debate it could not suggest altering the bill's principles. This charter drafting process was not stated in the 2014 Provisional Constitution.

"But still all sides could propose amending charter articles freely," the CDC spokesman insisted.

Asked about the progress in amending the draft, Kamnoon pointed out at this point charter drafters still would not discuss how they would amend the articles or to what extent, or even the eliminating of some articles. The altering of charter articles would start after eight groups of reformers and one group from Cabinet explained their reasons for changes before the CDC.

Paiboon Nititawan, another CDC member, was asked about CDC's attitudes toward the MMP, on the senate's power and on new independent bodies that could possibly be amended. Paiboon replied that he believed such drafters would compromise with people who submitted their proposals on how to amend them.

"If the proposals would eliminate many articles and affect our principles greatly, CDC and related agencies would then have to debate them in detail," the CDC member said.

Paiboon said he personally believed different ideas and proposals from every side could benefit the Constitution.

The CDC member added that he and his fellow drafters had improved the articles that they had tackled, because the suggestions from related agencies should be regarded as a good participation in the drafting process.

"However, it was not to the extent we would alter everything the NRC and the Cabinet had proposed, because that was not the measure of drafting this new charter," he said.

"We [the CDC] have to manage the balance between us and the people who suggested to amend the draft," Paiboon said.

Source: http://www.nationmultimedia.com/politics/Charter-drafters-want-final-say-on-amending-articl-30261162.html

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-- The Nation 2015-05-29

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"Political observers and the public believed that such drastic proposals from the Cabinet would contradict what CDC intended to do -"

Which is, of course, to permanently gut democracy and forever appoint the power to the elite.

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"THE CHARTER drafters have insisted that they should have the final say in altering any articles in the final draft."

I can appreciate the 36-member CDC insisting that it has the final say in altering any articles in the final draft. They wrote it.

But that hardly outweighs the right of 30 million Thais to decide on the content of the Constitution.

It's ironic that the CDC insists on its rights while 60 million Thais have lost their sovereignty to the Junta.

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