Thai politics: Looming issues could soon shape the political landscape

[webfact]

BURNING ISSUE
Looming issues could soon shape the political landscape
JINTANA PANYAARVUDH

BANGKOK: -- IN LESS than one month, it will become clear whether Thailand will be able to head to the next general election - as the tentative date to vote on the new charter draft has been set at September 7.

The Nation earlier conducted a survey asking some of 249 National Reform Council (NRC) members whether they would vote for or against the charter draft.

The result was only 21 NRC members, who are concurrently members of the Constitution Drafting Committee (CDC), showed signs of approval - as most NRC members polled by us have yet to make a decision.

In fact, there are still several controversial issues likely to shape the new landscape of Thai politics and they will be key factors in the NRC's decision. Those issues, if not resolved, could cause the draft to be rejected.

Apart from allowing a non-elected MP to become prime minister or an "outsider" PM, the makeup of the Senate, another crucial issue is the new provision that imposes a lifetime ban from politics on certain individuals.

Under the provision, certain people would face a lifetime ban from running in any general election:

 Those whose assets have been seized under a court order because of their "unusual wealth";

 Those convicted by a court for malfeasance or being involved in election fraud;

 Those impeached for any of four offences - unusual wealth, performing duties dishonestly, malfeasance in the bureaucracy, and misconduct in the justice system.

Dubbed "political execution", the provision will directly affect the future of the Pheu Thai Party, whose former prime minister Yingluck Shinawatra has been impeached already by the military-appointed legislature for dereliction of duty over her government's rice-pledging scheme. She is now serving a five-year ban from politics.

The former premier is also facing a criminal case trial in the Supreme Court's Criminal Division for Political Office Holders related to the same controversial scheme. A ruling in this case, which could end up with her serving 10 years in jail if found guilty, may be handed down soon.

Yingluck is likely to be barred from running in the next election if the junta road map continues as planned, as she is currently serving a ban. But she could return as a candidate for prime minister with Pheu Thai after the ban ends in January 2020.

Having considered the letter of the law, it remains unclear whether Yingluck could be banned for life as she has been impeached for dereliction of duty.

The CDC last week reportedly discussed the spirit of the law in the clause and highlighted Yingluck's case.

It said the CDC members agreed that Yingluck could escape the "execution" as the offence was not corruption.

So, when she completes serving her five-year ban she would be able to return to politics. However, some members deny that they have discussed such an eventuality.

Until now, no CDC member has clearly discussed the ex-premier's political future. A review by the Constitutional Court might be needed to have the final say in the future.

However, the controversial provision has some significance for both Pheu Thai and the junta.

On one hand, the lifetime ban penalty was seen as an attempt to totally eliminate the Thaksin regime.

The former PM, who was stripped of half his fortune for abuse of power by a court order, is already disqualified. His sister could face the same fate.

If the draft is passed with the "ban for life penalty" still operating, it would definitely be a big blow for the former ruling party, which lacks a suitable person to head the party in the future. It could lead to disarray and might be a fatal blow to Pheu Thai.

And this could be significant proof for the junta to show the public that the coup in May 2014 was not wasted. The CDC said the provisions were intended to be in line with the interim Constitution to eliminate corrupt politicians from politics forever.

But don't forget: not only does the charter draft need to succeed in a vote by the NRC - it must also be endorsed via a national referendum.

And remember who won the majority in the four previous elections...

But the kicker is, if the draft is voted down, the Prayut government will remain in power longer stated in its road map.

Source: http://www.nationmultimedia.com/politics/Looming-issues-could-soon-shape-the-political-land-30266328.html


-- The Nation 2015-08-11

[JAG]

If the Prayut government remains in power because its proposed constitution is rejected by the people, then any claim to legitimacy is rather shredded!

[DKUNPUTAF713]

I hope you have a law dictionary handy and can explain how this Military Junta (not a recognized

governmental body) had any legitimacy in the first place!!

[DKUNPUTAF713]

I hope you have a law dictionary handy and explain how the Military Junta had ever legitimacy in the first place!!!!

[laocowboy2]

Thailand follows the example of the Burmese junta and bans a female politician who is too popular for their tastes. Rather like their Chinese buddies - by their friends shall thou know them. And how about bans for (repeated) coup-makers?

[JAG]

I hope you have a law dictionary handy and can explain how this Military Junta (not a recognized

governmental body) had any legitimacy in the first place!!

Personally I don't think it is legitimate. It claims to be legitimate. That claim would fail if they were to stay on following a negative result.

[Lupatria]

If they include those guilty of:

...any of four offences - unusual wealth, performing duties dishonestly, malfeasance in the bureaucracy, and misconduct in the justice system.

The question is, how can anyone run a government with 5 or less people?

[tigermoth]

I hope you have a law dictionary handy and can explain how this Military Junta (not a recognized

governmental body) had any legitimacy in the first place!!

I hope you have a law dictionary handy and can explain how this Military Junta (not a recognized

governmental body) had any legitimacy in the first place!!

Personally I don't think it is legitimate. It claims to be legitimate. That claim would fail if they were to stay on following a negative result.

There is no 'thinking' in it is not a legitimate government. Any future elected government can simply toss all the present regimes dictates out the window. At the risk of course of the insulted military storming back with their tanks. The so called reforms we keep hearing about, restore happiness to the people etc., is just hollow rhetoric. The people are pretty happy now and like all nations always want to strive for better. As for corruption, that is endemic in the nation and only future well educated generations will solve this. All nations have a certain amount of corruption and it will never be entirely wiped out but it can be reduced so that it does not have the huge impact that it now does on Thailand.

[phoenixdoglover]

The article implies some sort of dissension within the ranks of the NRC.

The NRC will fall in line as soon as the PM tells them to. In the meantime, they are given enough rope to afford a semblance of debate.

The same could be said about the CDC and NLA.

All of these bodies serve at the pleasure of the PM.

However I suspect the "looming issue" in Thailand has nothing to do with whether the PTP members get temporary or permanent bans.

That is all.

[EnglishJohn]

The amusing part is that no decent person can argue against the crimes stated to qualify for the lifetime ban. There should be a lot more added to the list as well.

Yet it is seen as the end for Thaksin and Pheu-Thai.

Says it all really.

And who is bantering around the phrase 'political execution' ?. What an imbecile. It's just a job and using words like that will only provoke those reds who are already foaming at the mouth.

[phoenixdoglover]

The amusing part is that no decent person can argue against the crimes stated to qualify for the lifetime ban. There should be a lot more added to the list as well.

Yet it is seen as the end for Thaksin and Pheu-Thai.

Says it all really.

And who is bantering around the phrase 'political execution' ?. What an imbecile. It's just a job and using words like that will only provoke those reds who are already foaming at the mouth.

The amusing part is that no decent person can argue against the ambiguous nature of some of the Charter provisions, and the challenge for administering justice as a result of those ambiguities.

For example, the following is a crime which may result in a lifetime ban:

Those convicted by a court for malfeasance

It would seem obvious that this provision is so broad as to include every possible legal transgression handled by courts. In most legal systems, there are major categories of crimes, and those that are deemed to be less serious are call "misdemeanors". One may be convicted in a court of a misdemeanor (speeding or drunk driving, for example) , yet that conviction will not result in a dramatic punishment, such as a lifetime ban from politics.

Perhaps this hinges on the word "malfeasance". I wonder what the drafters of the Thai Charter think this word means?

mal·fea·sance

ˌmalˈfēzəns/

noun

LAW

1. wrongdoing, especially by a public official

Great, that clears it up. Apparently an official who does something wrong can be banned for life. That seems fair.

Edited August 11, 2015 by phoenixdoglover

[Blitzkrieg Bob]

I don't really understand what the OP means with "political landscape" since a landscape is formed by a myriad of different "forces" with only one force being in place in Thailand, what else but Mono Culture could be the result, eventually creating a desert?

[jesimps]

The amusing part is that no decent person can argue against the crimes stated to qualify for the lifetime ban. There should be a lot more added to the list as well.

Yet it is seen as the end for Thaksin and Pheu-Thai.

Says it all really.

And who is bantering around the phrase 'political execution' ?. What an imbecile. It's just a job and using words like that will only provoke those reds who are already foaming at the mouth.

None of the supposed "crimes" committed by the accused even come close to treason. Also, I bet you a pound to a pinch of the brown stuff that Thaksin's crowd will still walk any election, even if you impeach the entire PTP.

That'll give you a proper reason to go spitting your venom EJ.

[taiwanatoa]

The political landscape sure does need re-shaping ! :

United Nations "appalled":

We are appalled by the shockingly disproportionate prison terms handed down over the past few months in lèse-majesté cases in Thailand.

http://prachatai.org/english/node/5382?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+prachataienglish+%28Prachatai+in+English%29

http://isaanrecord.com/2015/07/11/freshly-released-anti-coup-student-activists-tell-stories-from-jail/