Interim Charter Draft Released

[george]

Interim charter draft

The Summary of the Interim Constitution Draft of the Kingdom of Thailand (2006)

Preamble

The Interim Constitution is designed to outline the administrative mechanisms during a transition with due considerations to accepted legal principles of the democratic rule with the king as head of state, to restore social unity, to revitalise the economy, to social peace, to basic rights and liberties of citizens, to national obligations under the United Nations and international treaties and agreements and to the theory of self-sufficiency economy.

Article 1 prescribes for the constitutional monarchy and the Kingdom of Thailand as the singular state.

Article 2 deals with the dispensing of Sovereign Power via the legislation, the government and the courts of justice.

Article 3 guarantees basic rights, human dignity and equality under the law in accordance with the democratic rule under the king as head of state and international obligations.

Article 4 deals with the matter relating to the Privy Council

Article 5 outlines the formation and duties of the National Legislative Assembly, which will comprise 250 members appointed from professional groups, geographical areas and various sectors of society.

Article 6 spells out the removal of the Assembly members.

Article 7 empowers the chairman of the Council of National Security to counter-sign the royal command for appointment of Assembly speaker and deputy speaker

Article 8 outlines the impeachment process against the Assembly members, requiring 20 votes to endorse the impeachment motion and the two-third majority for removal.

Article 9 prescribes the Assembly meeting procedures.

Article 10 allows the Cabinet or the minimum of 25 Assembly members to sponsor a draft legislation.

Article 11 sets the procedures to file motions and launch censure debate without taking a vote.

Article 12 empowers the Cabinet to convene the Assembly for debate on relevant issues.

Article 13 grants immunity for remarks made on the floor.

Article 14 deals with the appointment and the removal of the prime minister and 35 Cabinet members.

Article 15 spells out the procedures to enact the royal decrees relating to financial matter.

Article 16 spells out the procedures to enact the royal decrees on non-financial matter.

Article 17 deals with the procedures to counter-sign the royal commands.

Article 18 guarantees the judicial independence.

Article 19 spells out the formation of the National Assembly comprising 2,000 members appointed by the chairman of the Council of National Security.

Article 20 empowers the Legislative Assembly speaker to chair the National Assembly.

Article 21 spells out the peer-vote of the National Assembly to elect 200 candidates for the Constitutional Drafting Council. The peer-vote must complete in seven days. If the voting failed, the CDC candidates must be selected from those with highest votes.

Article 22 empowers the Council of National Security to pick 100 of 200 CDC candidates for royal approval.

Article 23 spells out procedures for the removal and replacement of 100 CDC members.

Article 24 empowers the chairman of the Council of National Security to appoint CDC chairman and deputy chairman.

Article 25 empowers the CDC to select 25 charter writers from among its peers and the Council of National Security to name 10 charter writers.

Article 26 deals with the public hearing on the charter draft, requiring to the CDC to fully explain how and why the new draft would differ from the 1997 Constitution.

Article 27 deals with the debate to amend the charter draft.

Article 28 spells out how the CDC must factor in the public hearing and the debate on proposed amendments to the charter draft before coming up with the final version of the draft.

Article 29 sets the 180-day deadline to complete the charter drafting before organising the referendum on the new charter within 30 days.

Article 30 sets the 45-day deadline for the drafting of organic laws and bans the chairman of the Council of National Security, members of the National Legislative Assembly and those involved in charter writing from contesting the general election and the senatorial race for two years.

Articles 31 and 32 empower the joint meeting of the Cabinet and the Council of National Security to select and amend one of the previous charters to promulgate in 30 days if the charter writing failed to complete on time.

Article 33 allows the issuing of a royal decree on pay and benefits for the Council of National Security, the National Legislative Assembly and other bodies tasked to write the new charter.

Article 34 empowers the Council of National Security to call a joint meeting with the Cabinet in order to resolve administrative problems.

Article 35 deals with the formation of Constitutional Tribunal, comprising the president of the Supreme Court, the president of the Supreme Administrative Court, five Supreme Court judges and two Supreme Administrative Court judges. The tribunal is to replace the defunct Constitution Court.

Article 36 provides legal validations for all orders and announcements issued by the Council for Democratic Reform under Constitutional Monarchy (CDRM).

Article 37 grants complete immunity for all actions to seize power committed by the CDRM.

Article 38 prescribes for the compliance with legal and administrative traditions for issues not addressed by constitutional provisions.

Article 39 empowers the chairman of the Council of National Security to administer the country pending the appointment of a prime minister.

--The Nation 2006-09-27

[astral]

I guess Article 37 is no surprise.

[chownah]

The Council of National Security is empowered but it is not described who these people are or how they get to be who they are....or am I missing something?

Also are Article 6 and 8 covering the same thing?

[lukamar]

The Council of National Security is empowered but it is not described who these people are or how they get to be who they are....or am I missing something?

Also are Article 6 and 8 covering the same thing?

CNS=CDC=CDR=CDRM - They just have many names now, for clarity. It's smoke an mirrors once more in Thailand. The military now has a hand in everything if not directly then by proxy and they want it ingrained in the constitution to cement their power.

Even Thaksin did not have enough nerve to write an Article 37 and give himself immunity.

[jdinasia]

The Council of National Security is empowered but it is not described who these people are or how they get to be who they are....or am I missing something?

Also are Article 6 and 8 covering the same thing?

CNS=CDC=CDR=CDRM - They just have many names now, for clarity. It's smoke an mirrors once more in Thailand. The military now has a hand in everything if not directly then by proxy and they want it ingrained in the constitution to cement their power.

Even Thaksin did not have enough nerve to write an Article 37 and give himself immunity.

Careful Luk ....

but the article you mention is for the coup itself ... and this is only an interim charter to give the government power to BE a government

[englishoak]

The Interim Constitution is designed to outline the administrative mechanisms during a transition

I do believe the operative word here is"Interim" Nothing to get excited about just a formality.

[Jai Dee]

The interim charter is expected to received royal endorsement this weekend

The interim charter is expected to received royal endorsement this weekend.

Spokesman for the Council for Democratic Reform (CDR) Palangkun Klaharn (พลางกูร กล้าหาญ) said that after the approval, the charter will be published in the Royal Gazette to become effective. CDR will also become the Council for National Security (CNS) as stated in the interim constitution, Lt. Gen. Palangkun said.

CNS will next submit the name of the person nominated to be interim prime minister to His Majesty the King for endorsement, he said.

Lt. Gen. Palangkun said CDR chairman Gen. Sonthi Boonyaratglin (สนธิ บุญยรัตกลิน) will today give all provincial governors a briefing on drug prevention and suppression, measures to help grassroots people and cooperation with neighbouring countries in various fields.

Source: Thai National News Bureau Public Relations Department - 29 September 2006

[Old Man River]

The Council of National Security is empowered but it is not described who these people are or how they get to be who they are....or am I missing something?

Also are Article 6 and 8 covering the same thing?

CNS=CDC=CDR=CDRM - They just have many names now, for clarity. It's smoke an mirrors once more in Thailand. The military now has a hand in everything if not directly then by proxy and they want it ingrained in the constitution to cement their power.

Even Thaksin did not have enough nerve to write an Article 37 and give himself immunity.

The former PM didn't need to give himself immunity. Once he had declared his state of emergency and removed any senior military leaders that were not loyal to him, he would have been "immune" anyway. The difference is that the current military is loyal to the King, not to the former PM. This is a big difference.

[ace]

I'm no legal expert, but does this constitution include a 210 day sunset clause?

"

Article 29 sets the 180-day deadline to complete the charter drafting before organising the referendum on the new charter within 30 days

"

Ace

[Charma]

Once again we start a debate where some are free to comment and others are not!

[wpcoe]

Also are Article 6 and 8 covering the same thing?

Article 8 covers impeachment. There are other ways to remove Assembly members. I shudder to think, though, that they would be included/sanctioned in a Constitution, however "interim" it may be.

[onlooker]

Wonder if Article 3 includes the right of free speech as one of the basic rights . . . or not.

[marshbags]

From the wife :-

It,s just been announced on channel 4 that another new committee is being brought in to investigate missing funds / and unaccountable from the last administration and where it might have gone ????????????????????????????????

A news spokesman made the announcement and looked official and pretty serious, not your usual newscaster. and sorry i cannot say who it was.

Is there a section in the new charter that covers this or does it maybe come under another article ?

marshbags

It was similar to a breaking news situation during the normal programming. ???

Edited September 30, 2006 by marshbags