Thailand To Get A New Constitution

[Jai Dee]

A 35-member committee is to be set up under the interim charter to draft the new constitution

The interim charter already drafted requires the setting up of a committee comprising 35 members who are expected to finish drafting the new constitution in six months.

Former senate speaker Meechai Ruchupan (มีชัย ฤชุพันธ์), as chairman of a legal team which drafted the interim charter, said that first, 2,000 people from all walks of life will be selected to the constitution drafting assembly where they will vote 200 among them for the Council of National Security (CNS) to name 100 of them to the constitution drafting council.

The constitution drafting council will then select 25 of its 100 members as charter writers while CNS will pick another 10, Mr. Meechai said. Drafting of the new constitution was expected to be completed in six months and public hearings must be held after that to gauge opinions of the people, he added.

He said all members of the constitution drafting council will face a two-year ban from running for seats in the upper or lower houses.

Source: Thai National News Bureau Public Relations Department - 28 September 2006

[Khun Jean]

I always wondered how a document of this importance can be made in 6 months.

It might be a good idea to borrow a copy of the constitutions from one of the European countries. Those have stood the test of time.

[frenchFARANGbkk]

May I ask what's wrong with the previous one?!

[h90]

I always wondered how a document of this importance can be made in 6 months.

It might be a good idea to borrow a copy of the constitutions from one of the European countries. Those have stood the test of time.

I guess noone writes a constitution starting from 0. Like webpages you copy/paste from everywhere and than you read again and check if it makes sense. Run "find and replace" Germany-->Thailand, USA-->Thailand so you sure not the president of america is head of your army......

[sabaijai]

Thai military announces constitution

By Michael Casey, Associated Press Writer | September 30, 2006

BANGKOK, Thailand --Thailand's ruling military announced on Sunday an interim constitution that was to be followed by the naming of a prime minister to head the country for the next year. The announcement was made on television stations after King Bhumibol Adulyadej endorsed the document.

The military abolished a 1997 constitution after seizing power from Prime Minister Thaksin Shinawatra in a bloodless coup Sept. 19. The new rulers say the previous constitution had too many "loopholes" that allowed Thaksin and his cronies to abuse power and engage in widespread corruption.

Col. Akara Thiprot, a spokesman for the ruling military council, said the new prime minister would be announced later Sunday. It is widely believed to be former army commander Gen. Surayud Chulanont, a respected retired officer who has served as a close adviser to the constitutional monarch.

The new government is expected to press ahead with investigations into alleged corruption by Thaksin and his government.

On Saturday, the council replaced an earlier committee to investigate and freeze assets of the former government with a high-powered 12-member panel and also gave more authority to the National Counter Corruption Commission.

One recent study reportedly estimated that systematic corruption by Thaksin's government deprived state coffers of some $11.9 billion, most of it siphoned off from 95 mega-projects during the nearly six years the prime minister was in power.

The estimate was contained in a study by faculty members of the well-regarded National Institute of Development Administration, The Nation newspaper said.

After days of rushed activity by the new rulers, Bangkok lapsed into a weekend lull, broken only when a taxi cab rammed into one of the tanks which have been deployed in the capital since the coup.

The crumpled purple taxi had the words "Democracy destroyed" and "Suicide" written on it with black spray paint, but Akara downplayed the incident.

"I'm not sure if he was sleeping or drunk. He was an elderly man, more than 60 years old," Akara said of the cab driver, who was taken to a nearby hospital with serious injuries. A soldier suffered minor injuries.

Source: AP

[george]

(BEING UPDATED)

Constitution of the Kingdom of Thailand (Interim Edition) of B.E. 2549

Somdet Phra Paramintharamaha Bhumibol Adulyadej Sayammintharathirat Bormmanatthabophit graciously grants the interim constitution on October 1 B.E. 2549, which is the 61st year of the present reigh.

Phrabat Somdet Phra Paramintharamaha Bhumibol Adulyadej Mahitalathibet Ramathibodi Chakkri Narubodin Sayammintharathirat Borommanatthabophit is graciously pleased to proclaim that:

The leader of the Council for Democratic Reform successfully staged the coup on September 19 B. E. 2549 and presented a report to His Majesty.

The CDR leader informed His Majesty that he seized power and abolished the constitution of the Kingdom of Thailand with an intention to solve the problems of the people's losing confidence in the country's administration, the lack of efficiency in the supervision of the administration, and the monitoring of the state power. The problems led to massive corruption and malfeasance with no one being brought to justice, which has become a political crisis and caused rifts among members of the society, who were incited to take sides, causing the decline in the national unity and social crisis.

Although several sectors hve tried to solve the crises, their attempts failed and the situation worsened to the point that there could be violence and clashes which could cause bloodshed.

The situation was severely detrimental to the ruling system, economy and the law and order of the country. So, there must be an appropriate and interim ruling mechanism for the country, which is invented in line with traditional and customs of the Constitutional Monarchy system.

The interim mechanism is also aimed to restore love and unity, the economy, the law and order, to create strong system to check and investigate corruption, to establish good ethical system, to promote and protect the rights and liberty of the people, to have the country respect the UN treaties and treaties and agreements with other countries, to promote the country's ties with international communities and to promote Thais to adopt the self-sufficiency economy.

At the same time, the interim constitution will ensure sped-up attempts to draft and enact a new Constitution with broad public participation in every step.

To attain the goals as the CDR has informed His Majesty, the King commanded that the Constitution of the Kingdom of Thailand (Interim Edition) be promulgated with the following articles until the next Constitution is drafted and submitted for a royal command.

Article 1. Thailand is one and indivisible Kingdom.

The King is the Head of State and the King holds the position of Head f the Thai Armed Forces.

The King shall be enthroned in a position of revered worship and shall not be violated. No person shall expose the King to any sort of accusation or action.

Article 2. The sovereign power belongs to the Thai people. The King as Head of the State shall exercise such power through the National Assembly, the Council of Ministers and the Courts in accordance with the provisions of this Constitution.

Article 3. With the provisions of this Constitution, the human dignity, right, liberty and equality of Thais, which have been protected in accordance with Thailand's ruling practice in the democratic regime of government with the King as Head of State, shall be protected by this Constitution.

Article 4. The King selects and appoints the President of the Privy Council and not more than eighteen Privy Councillors to constitute the Privy Council.

The selection and appointment or the removal of a Privy Councillor shall depend entirely upon the King's pleasure.

The President of the National Assembly shall countersign the Royal Command appointing or removing the President of the Privy Council and the President of the Privy council shall countersign the Royal Command appointing or removing other Privy Councillors.

Article 5. The National Assembly consists of no more than 250 members, who will be appointed by the King from Thai nationals by birth and who are at least 35 years old.

The National Assembly shall function as the House of Representatives, the Senate and Parliament.

In selection of persons to be appointed as members of the National Assembly, they must be considered appropriately from various groups in the government sector, private sector, social sector, academic sector and from various regions.

In case there are laws on qualifications of political office holders, the laws must not be enforced for the appointments of members of the National Assembly.

Article 6. Membership of the National Assembly terminates upon:

(1)death;

(2) resignation;

(3) being disqualified as stipulated in Article 5

(4) being appointed minister

(5) the National Assembly passing a resolution under Article 8 removing him or her from office.

Article 7. The King appoints a member of the National Assembly as its president and appoints one or more members of the National Assembly as a vice president or several vice presidents in line with a resolution of the National Assembly.

Article 6 shall be applied for the termination of office of the president and vice president or vice presidents of the National Assembly.

The president of the Council of National Security will countersign the royal command to appoint members of the National Assembly, president and vice president(s) of the National Assembly.

Articled 8. In case a member of the National Assembly has committed a deed deemed damaging the reputation of the National Assembly or has behaviours deemed obstructing the works of the National Assembly, at least 20 members of National Assembly can file a motion to the president of the National Assembly to impeach him or her.

The impeachment of a member of the National Assembly as stated in the first paragraph requires at least two thirds of existing members of the National Assembly on the day the vote is cast.

Article 9. It requires at least half of members of the National Assembly to make a meeting quorum.

The National Assembly has the authority to issue directives to specify selection and working process of the president, vice president(s), and committees of the National Assembly as well as processes for holding meetings, submitting and deliberation of bills, submitting motions, holding debates and voting, filing interpolations, maintaining regulations and order and for carrying other activities in line with duties of members of the National Assembly.

Article 10. The King issues acts as advised and agreed upon by the National Assembly.

Subject to Article 10's first paragraph, a bill may be introduced only by at least 25 members of the National Assembly or the Council of Ministers, but a money bill may be introduced by the Council of Ministers.

Subject to Article 10's second paragraph, a money bill means a bill with any or all of the following wordings : the imposition, repeal, reduction, alteration, modification, remission, or regulation of taxes or duties; the allocation, receipt, custody, payment of the State funds, or transfer or creation of expenditure estimates of the State; reduction of state revenue; the raising of loans, or guarantee or redemption of loans; and currency bills.

In case of doubt as to whether a bill proposed by members of the National Assembly is a money bill, it shall be the power of the President of the National Assembly o make a decision thereon.

Article 11. During a meeting of the National Assembly, any member of the National Assembly has the right to submit a motion to request the Council of Ministers to give statements of fact or explain important problems in connection with the administration of the State affairs. But the Ministers have the right not to give information when considering that the matter should be treated with confidential for the sake of security and interest of the country or when seeing that the motion is not in line with meeting regulations.

When there are important problems, at least 100 members of the National Assembly have the right to submit a motion for a general debate in the National Assembly for the purpose of requesting the Council of Ministers to provide facts and explanations regarding the problems but the members of the National Assembly cannot make a vote of confidence or vote of no-confidence against the Ministers.

Article 12. When there are important problems in connection with the administration of the State affairs which the Council of Ministers see the need to hear opinions of the members of the National Assembly, the Prime Minister will request the President of the National Assembly to hold a general debate in the National Assembly without a resolution to be passed.

Article 13. During a meeting of the National Assembly, anyone shall receive absolute immunity for his or her speech made to provide facts or express opinions or to cast votes and shall not be liable to legal action because of the expression.

The immunity mentioned in Paragraph 1 of this article shall be extended to members of committees of the National Assembly and publishers of meeting reports as ordered by the National Assembly or members of the National Assembly. The immunity shall also be extended to persons allowed by the chair of the meeting of the National Assembly to provide facts or express opinions to the meeting and extended to the TVs and radio stations allowed by the chair of the meeting to broadcast the meeting. But the immunity will not be applied to the speaker in the case of the meeting is broadcast live on radios and TVs and the wordings are republished and the wordings are deemed violating the Criminal Code or violating the civil right of other people who are not Ministers or members of the National Assembly.

If a member of the National Assembly is detained, he or she must be released as soon as the President of the National Assembly has so requested. Or when a member of the National Assembly is prosecuted, the trial can be continued unless the President of the National Assembly requests the court to halt the trial.

Article 14. The King appoints the Prime Minister and not more than thirty-five other Ministers as advised by the Prime Minister to constitute the Council of Ministers having the duties to carry out the administration of the State affairs.

The King has the prerogative to remove the Prime Minister from office as advised by the President of the Council for National Security and the King has the power to remove Ministers from office as advised by the Prime Minister.

The President of the Council for the National Security shall countersign the Royal Command appointing and removing the Prime Minister.

The Prime Minister and Ministers cannot currently be members of the National Assembly, members of the Constitution Drafting Assembly or members of the Constitution Drafting Committee.

The Prime Minister and Ministers have the right to attend, provide explanations or express opinions during meeting of the National Assembly but cannot vote.

Article 15. For the purpose of maintaining national security, public safety or national economic security, or averting public calamity or when it is necessary to urgently enact or confidentially deliberate a money bill related to taxes or currency , the King may issue an Emergency Decree which shall have the force as an Act.

After the issuance of the Emergency Decree, the Council of Ministers shall submit the Emergency Decree to the National Assembly for its consideration without delay. If the National Assembly approves the Emergency Decree, the decree shall remain effective as an Act. If the National Assembly rejects decree, the Emergency Decree shall lapse; provided that it shall not affect any act done during the enforcement of such Emergency Decree. If the Emergency Decree, which has the effect of amending or repealing any provisions of any Act and such Emergency Decree ,has lapsed, the provisions of the Act in force before the amendment or repeal shall continue to be in force as from the day the disapproval of such Emergency Decree is effective.

The approval or disapproval of an Emergency Decree must be published in the Royal Gazette. In the case of the disapproval, the disapproval will be effective on the day that it is announced in the Royal Gazette.

Article 16. The King has the prerogative to issue a Royal Decree which is not contrary to the law.

Article 17. All laws, Royal Rescripts and Royal Commands relating to the State affairs must be countersigned by the Prime Minister or a Minister unless otherwise provided in this Constitution.

--The Nation 2006-10-01

[britmaveric]

Coups outlawed?

[rishi]

With only 4 years of interest in Thailand on my back, I can't claim much expert insight into the inner goings of Thai politics ... However, how come this guy (me), who've just put some medium level energy into trying to understand circumstances, have a very strong feeling that Thailand is strongly heading towards a sort of democracy that'll beet the socalled democracy of most Western countries (which have never been anything but dictatorship of the majority) ... How many times have I not been told that I elected the PM myself, although I most certainly voted against him?

Edited October 1, 2006 by rishi

[lukamar]

How many times have I not been told that I elected the PM myself, although I most certainly voted against him?

At least you had a chance to vote against him..

[Laulen]

It will be interesting to see if this new constitution will be more 'water tight' than the 1997 one. Let us hope so, for the good of all in Thailand, not just those elected to the National Assembly who must be 'Thai by birth'.

Does this mean those of ethnic hilltribes in northern Thailand are excluded from the National Assembly, because they do not have any ID card?

The Assembly will be a less colourful place as a result, I think.

Edited October 4, 2006 by Laulen

[Jai Dee]

NIDA Scholar expects changes in constitution, especially concerning the Senate

Mr. Pichai Rattanadilok na Phuket (พิชาย รัตนดิลก ณ ภูเก็ต), a scholar from the National Institute of Development Administration (NIDA), believes the new constitutional draft will concern many amendments relating to the Senate, such as the issue of the senators’ origins. Other issue may include the period for politicians to work in the administration.

During an academic seminar under the topic “Senate and the New Constitution” at Le Concorde Hotel, Mr. Pichai said he considered that the previous senators’ political standpoints and ideologies were somewhat weak, adding that they have a six-year term in the Senate. Thus, it would not be difficult for politicians to intervene in their duties.

The NIDA scholar also said the constitutional amendments involving the Senate should have a lot of changes such as the senators’ qualifications, authority, responsibilities and working terms. The ways to establish Senate are election, selection and appointment.

Source: Thai National News Bureau Public Relations Department - 05 October 2006

[Jai Dee]

Committee appointed to select 2,000 candidates for constitution drafters

The Council for National Security Council Thursday appointed a 17-member committee to select 2,000 candidates who will vote among themselves for the posts of constitution drafters.

The committee is chaired by ACM Chalit Phukphasuk, deputy chairman of the CNS.

Ex-officio members on the panel are the permanent secretary for Finance, the permanent secretary for Social Development and Human Security, the permanent secretary for Interior, the permanent secretary for Labour, the permanent secretary for Culture, the secretary-general of the House of Representatives, the secretary-general of the Office for the National Economic and Social Development, and the secretary-general of the Higher Education Commission.

Other committee members are Dej-udom Krairit, Kamolphan Chivaphansri, Amnart Son-imsart, Prof Dr Amara Pongsapit, Somchart Lekhalawal, Supoj Khaimook, Sutthinee Methiprapha and Chavalit Muensuk.

The 2,000 candidates would form a national confederation and vote among themselves for 200 candidates for the CNS to select the final 100 members of the Constitution Drafting Assembly.

Source: The Nation - 19 October 2006

[Jai Dee]

Youth Democracy Group proposes suggestions on the new constitution NLA

Representatives from the Youth Demorcracy group has proposed their suggestions on the new constitution to the president of the National Legislative Assembly.

The proposal was submitted to Mr. Meechai Ruchuphan (มีชัย ฤชุพันธ์) by the Parliament Network. It calls upon the NLA to use the framework of the revoked 1997 Constitution which ensures freedom of the public, as a guideline for the new constitution. The Youth Democracy also called for an organic law that will protect people's rights and urged the NLA to complete drafting the law within 2 years. Besides, the new constitution should allow independent candidates to compete in a general election and require an equal number of members of parliament to move for a censure debate over both ministers and the prime minister.

The NLA president promised to pass these suggestions to the upcoming Constitution Drafting Assembly. He added that young people should monitor the whole drafting process, not just wait until the new constitution becomes effective and criticize it later.

Source: Thai National News Bureau Public Relations Department - 02 November 2006

[Jai Dee]

Seminar held to brainstorm on new Constitution

The National Economic and Social Advisory Council (NESAC) President, Mr. Kothom Areeya (โคทม อารียา) this morning held a seminar concerning directions of the new Constitution.

NEASC President Kothom presided over a seminar, namely “New Constitution under Democracy”. The seminar attended by politicians and lawyers aims to brainstrom ideas and set the key details that should be contained in the new Constitution.

The seminar will lay out legislative power, administrative power, judicial power, and independent organizations’ power.

In addition, subjects related to defection of politicians to other parties will be discussed as well.

Source: Thai National News Bureau Public Relations Department - 22 December 2006

[Jai Dee]

Membership of Constitution writers to be announced soon

BANGKOK, Dec 22 (TNA) - The membership list of Thailand's 100-strong Constitution Drafting Assembly (CDA) is expected to be announced in less than two weeks and may come sooner, Air Chief Marshal Chalit Phukphasuk, vice chairman of the Council for National Security (CNS), said on Friday.

Marshal Chalit, who also heads the air force, said officials are now checking qualifications of all 200 CDA members recently elected from the 1,982 members of the National People's Assembly (NPA).

He said he expected those who will be named writers of the new constitution would have sufficient knowledge of laws in this country and that their qualifications will meet the demand of the people.

The CNS vice chairman has said that the process for selecting the draft writers would not take longer than two weeks.

The name of 100 CDA members could be announced sooner if concerned officials work faster, he said, adding that the 1997 constitution, the so-called People's Constitution which was waived following the September 19 coup, will be used for consideration in drafting the new constitution.

Under the procedures, after the 100 CDA members are in place they will name 25 charter writers while the CNS will add 10 to those to form a core-drafting panel.

Meanwhile, Prapan Naikowit, an elected member of the 200-strong CDA, said he foresaw no vote blocking during the selection of the charter writers and believed that the CNS would carefully appoint its own men to sit on the panel.

Source: TNA - 22 December 2006

[Jai Dee]

CNS to hold informal discussion with Constitution's draft council selection

Royal Thai Army Commander-in-Chief and The Council for National Security (CNS) chairman Gen. Sonthi Boonyaratkalin will preside over the CNS meeting this evening to discuss the criteria to select the 100 members of the National Assembly members out of 200 figures to form the Constitution's draft council.

In addition, Gen. Sonthi insisted the need to find a good blend of the council members consisting of several professions.

Thai people recently has watched closely with concern that the CNS members choose the ones they prefer and the selection process will begin today.

Source: Thai National News Bureau Public Relations Department - 25 December 2006

[Jai Dee]

Q&A: THE NEW CONSTITUTION

'POWER to the people'

Well-known academic Withyakorn Chiangkoon will chair the Committee to Promote People's Participation in the Drafting of the Constitution. He talked to The Nation's Sathian Wiriyapanpongsa about his controversial task.

What's the first thing the committee will do?

We shall look at the 1997 Constitution and calculate its strengths and weaknesses in determining the electoral process or how it tackles vote buying. On some points I believe people already have ideas and some groups even want to draft their own constitution. We must support them because we are facilitators.

We understand that you may apply parts of the October 14, 1973, Constitution. Tell us more about that.

We will employ the same [democratisation] campaign as the one in 1973. The challenge back then was how to make people understand politics, elections and a constitution. Many students were alert and the government mobilised students. And it worked because the elections that followed didn't see much vote buying and young blood got elected to Parliament. But it was not sustained. I think students then were more informed than now. At present, many [university] students don't know much about democracy or politics. So we must increase student awareness first.

Is your task an onerous one?

Believe me, there will be a lot of arguments and fighting next year. I admit - it's difficult. That's because society tends to be emotional. Politicians have already accused the Council for National Security of trying to extend its grip on power instead of pointing out the good and bad of it. So, things get distorted.

Academics who are working with the CNS are also branded 'servants' of the CNS.

Why don't they look at the fact that [popular former] prime ministers like Prem Tinsulanonda and Anand Panyarachun were not elected?

The fact that I'm predicting a lot of conflict is because politicians will also be involved in the drafting process. Surely they won't agree with having a non-elected prime minister because they want to become prime minister. Even the accidental mentioning of how the new constitution should look by [coup leader] General Sonthi Boonyaratglin was heavily criticised.

So the committee is like a boxing referee urging people to use reason?

We must try to point out the good and bad of things and let the people decide.

Some think the committee is merely there to legitimise the drafting process.

Sure, there are people who think that. So we have to prove we're neutral. Thirapat Serirangsan [Prime Minister's Office Minister and long-time friend of Withyakorn] tried to assure me the government will not direct the drafting process and will give us freedom.

One thing that will prove that it is free from political power is to ensure a process of political participation takes place as much as possible.

A referendum on a draft constitution is new. But is it not just a stunt?

Before anyone marks their ballot paper, they should know the good and bad points of the constitution. That's our task, to inform the public.

If the Constitution Drafting Assembly ignores your committee's suggestions, will your work have been wasted?

It's up to the assembly to accept or ignore our suggestions. We shall present them through the news media, too, to ensure people can see them and understand if the assembly listens to us or not.

What do you believe the main issues are for a new constitution?

It should empower people and reduce the power of politicians and make it easier to remove politicians. It should ensure the so-called independent institutions are truly independent. We may have to rely more on the judiciary, like in India, where the courts examine elections.

Source: The Nation - 25 December 2006

[LaoPo]

CNS to hold informal discussion with Constitution's draft council selection

Royal Thai Army Commander-in-Chief and The Council for National Security (CNS) chairman Gen. Sonthi Boonyaratkalin will preside over the CNS meeting this evening to discuss the criteria to select the 100 members of the National Assembly members out of 200 figures to form the Constitution's draft council.

In addition, Gen. Sonthi insisted the need to find a good blend of the council members consisting of several professions.

Thai people recently has watched closely with concern that the CNS members choose the ones they prefer and the selection process will begin today.

Source: Thai National News Bureau Public Relations Department - 25 December 2006

...They should.....they should...

LaoPo

[Jai Dee]

Democrat Party wants CDA to have equal ratio

Democrat Party spokesman Ong-art Klampaiboon demanded the Council for National Security (CNS) to form the Constitutional Drafting Assembly (CDA) in a balanced equation of four sectors.

Mr. Ong-art said his party believes that the CDA will be clearer following the New Year. However, the party is concerned whether the general public will accept the CDA members, and this could affect their confidence on the new Constitution.

In addition, the National Assembly has selected the CDA nominees from four sectors, and the CNS should keep the proportion to be balanced in order to make it trustworthy.

Mr. Ong-art also commented that the process for conducting a public hearing on this issue is still ambiguous. However, he suggested that the process should be clear to prevent any complication and people would have more faith in the new CDA.

Source: Thai National News Bureau Public Relations Department - 25 December 2006

[Jai Dee]

CNS: Constitution writers membership complete before New Year

BANGKOK, Dec 25 (TNA) - The roster of Thailand's 100-person Constitution Drafting Assembly (CDA) is expected to be complete within this year, Gen. Sonthi Boonyaratkalin , chairman of the Council for National Security (CNS), said on Monday.

Gen. Sonthi, who also serves as Royal Thai Army Commander-in-Chief, said the process of checking qualifications of the 200 CDA members, recently elected from the 1,982 members of the National People's Assembly (NPA), has begun and is expected to take some time to complete, but that it should be complete

within a week.

The CNS chairman conceded that it was tough job for the CNS to shortlist the 100 names from the 200 nominees because the military council knows few of the prospective members, and thus it needs time to check their backgrounds.

Gen. Sonthi reaffirmed the criteria for picking 100 constitution writers would be transparent with emphasis to placed upon the diversity of careers and qualities.

"We need legal experts and those with expertise to write the charter," Gen. Sonthi said, "and we will surely get them within this year."

Following the coup d'etat toppling the Thaksin administration on September 19, the military leaders pledged that drafting the new constitution would be complete approximately within six months and the general election would be tentatively scheduled to be held in October 2007.

Source: TNA - 25 December 2006

[Jai Dee]

CNS Secretary: No vote-blocking in CNS’s CDC selection

The Secretary of the Council for National Security (CNS) has affirmed that there is no vote blocking in the CNS’s selection of 10 candidates for the Constitution Drafting Committee (CDC) members.

Gen.Winai Pattiyakul (วินัย ภัททิยกุล), the CNS secretary and permanent secretary of Defense, revealed that at present the government and the CNS are examining qualifications of those selected by the National Assembly to be the Constitution Drafting Assembly (CDA) members. He said that although the government did not set a timeframe for this qualification examination, it is likely to finish the work within these two weeks, and it will also make sure that the CDA represent various groups of people in the society.

He said the CDA will select 25 people and the CNS will select another 10 to form the CDC. Gen.Winai added that the CNS already has a list of the CDC in mind. He said this list consist of experts who can begin work immediately, as the CDC has a limited time to write the new constitution.

Source: Thai National News Bureau Public Relations Department - 25 December 2006

[rychrde]

It strikes me that the current interim constitution is not a million miles away from how the UK constitutional monarchy is structured. In the UK we have the Crown, which is a term left vague on purpose in order to keep control, but the most visible outward manifestation of the Crown isthe Monarch. Just take a look at the prerogative powers still in the hands of the current Queen despite the country having a long-established democracy.

"some significant aspects of the prerogative survive in the area of domestic affairs. These include:

• — the appointment and dismissal of Ministers;[many ministers are not even elected. ed]
  

• — the summoning, prorogation and dissolution of Parliament;
  

• — royal assent to Bills;
  

• — the appointment and regulation of the civil service;
  

• — the commissioning of officers in the armed forces;
  

• — directing the disposition of the armed forces in the UK;
  

• — the appointment of Queen's Counsel;
  

• — the prerogative of mercy. (This no longer saves condemned men from the scaffold but it is still used eg to remedy errors in sentence calculation);
  

• — the issue and withdrawal of UK passports;
  

• — the granting of honours;
  

• — the creation of corporations by Charter;
  

• — the King (and Queen) can do no wrong (for example the Queen cannot be prosecuted in her own courts)"
  

Pretty much any decision taken on foreign affairs also requires Crown assent.

One of the more amusing (or worrying) aspects of the role of the Crown is that its powers are so vague. There are definitions of what it can do but there are no definitions of what it cannot! Which of course means it can do tomorrow what it couldn't do today.

http://www.publications.parliament.uk/pa/c...422/422we09.htm

This isn't a treatise on the British system, but rather to show how imperfect the democracy is and that somehow the people have grown accustomed to this out of tradition, and probably also ignorance. The system has been created out of the history and culture of its people.

Perhaps Thailand should not so much look at creating the perfect democracy but look to its culture, both past and present, and create a system it is comfortable with. Given the esteem, reverence and love for the King, the interim constitution is not a bad place to start.

Rych

[hammered]

It strikes me that the current interim constitution is not a million miles away from how the UK constitutional monarchy is structured. In the UK we have the Crown, which is a term left vague on purpose in order to keep control, but the most visible outward manifestation of the Crown isthe Monarch. Just take a look at the prerogative powers still in the hands of the current Queen despite the country having a long-established democracy.

"some significant aspects of the prerogative survive in the area of domestic affairs. These include:

• — the appointment and dismissal of Ministers;[many ministers are not even elected. ed]
  

• — the summoning, prorogation and dissolution of Parliament;
  

• — royal assent to Bills;
  

• — the appointment and regulation of the civil service;
  

• — the commissioning of officers in the armed forces;
  

• — directing the disposition of the armed forces in the UK;
  

• — the appointment of Queen's Counsel;
  

• — the prerogative of mercy. (This no longer saves condemned men from the scaffold but it is still used eg to remedy errors in sentence calculation);
  

• — the issue and withdrawal of UK passports;
  

• — the granting of honours;
  

• — the creation of corporations by Charter;
  

• — the King (and Queen) can do no wrong (for example the Queen cannot be prosecuted in her own courts)"
  

Pretty much any decision taken on foreign affairs also requires Crown assent.

One of the more amusing (or worrying) aspects of the role of the Crown is that its powers are so vague. There are definitions of what it can do but there are no definitions of what it cannot! Which of course means it can do tomorrow what it couldn't do today.

http://www.publications.parliament.uk/pa/c...422/422we09.htm

This isn't a treatise on the British system, but rather to show how imperfect the democracy is and that somehow the people have grown accustomed to this out of tradition, and probably also ignorance. The system has been created out of the history and culture of its people.

Perhaps Thailand should not so much look at creating the perfect democracy but look to its culture, both past and present, and create a system it is comfortable with. Given the esteem, reverence and love for the King, the interim constitution is not a bad place to start.

Rych

An important point indeed. There is no perfect democracy, and your point about taking local culture into consideration is spot on. Many of us foreigners seem to think that western style democracy or some version of it is a good role model for everyone. This kind of thinking does not allow for the differences that each society has. Every culture should develop their own way of governance.

Oh and to use the British example is interesting as they have the longest running stable democracy, and that is without a constitution, which is probably unique and flies in the face of conventional western thinking but does show that conventional western thinking is not always needed to produce an effective system.

Edited December 26, 2006 by hammered

[MiG16]

with all the interference and control CNS have on the drafting process, and given the flippant statement by the deputy chairman of CNS suggesting that the committee should include a clause that will allow the prime minister to be appointed!! (and not necessarily come from the process of election, even though other MPs are) this would take thailand straight back to 1991 and the ensuing 1992 bloody May!

bloodless as this coup may have been, and it seems to keep getting repeated in all sorts of media, as a thai I cannot forget that the coup that took place in 1991 was ALSO a bloodless one. the killings didnt occur when the coup took place, but only at the time when the military installed government refused to give back real power to the people, people took to the streets to protest, and the crackdown led to bloodshed.

the story seems familiar doesnt it....am hoping that Im wrong.......

[Siripon]

with all the interference and control CNS have on the drafting process, and given the flippant statement by the deputy chairman of CNS suggesting that the committee should include a clause that will allow the prime minister to be appointed!! (and not necessarily come from the process of election, even though other MPs are) this would take thailand straight back to 1991 and the ensuing 1992 bloody May!

bloodless as this coup may have been, and it seems to keep getting repeated in all sorts of media, as a thai I cannot forget that the coup that took place in 1991 was ALSO a bloodless one. the killings didnt occur when the coup took place, but only at the time when the military installed government refused to give back real power to the people, people took to the streets to protest, and the crackdown led to bloodshed.

the story seems familiar doesnt it....am hoping that Im wrong.......

You will be wrong because the coup that happened on Sept 19 was backed not only by the middle class but also by the elite, as seen by the photos in the papers 2 days after the coup, if you follow my meaning, unprecented in Thai history.

Chartchai was seen as corrupt, but he wasn't seen as fundamentally dangerous to Thai society, there was no Chartchai 'regime' engaging in policy corruption, it was more, 'just give me 10%'.

The soldiers were not welcomed then, at that time there was no confrontation between pro- Chartchai and anti- forces.

Since that time Thais have got used to the last and most democratic constitution. Civil society is awake, Sonti's proposal for 10 years' tenure for village headmen has already raised eyebrows, it won't be easy for the generals to push through unpopular or undemocratic measures.

Apart from Thaksin's upcountry support the generals have to contend with the PAD.

There was no clear time frame in 1991 to rewrite the constitution and have elections within a year.

Give the generals time, they're revealing more and more of the ubiquitous corruption of the last 5 years every day.

[Plus]

Actually with all the attention on the new constitution I don't think they will be able to finish the job in time for elections next year. They couldn't establsh NBC for ten years already, with all the vested interests the constitution has a snowball in hel_l chance.

It looks like generals welcome different opinions as long as they are offered in good faith, but now every jerk with an agenda can make lots of noise, confuse everyone, stall the process, and then blame it on CNS.

BTW, the consitutions generals have in mind is very different from a "democratic" one, as their ideas of non-corrupt government, parlament and senate working for the benefit of the nation are unacceptable to the majority of "democratic" Thai politicians. I mean all those crooks that filled both the parlament and the senate WILL find the way to get elected again.

The more I think of it, the more I agree that politicians should be counter balanced by technocrats and civil servants, and, sadly, bureaucrats - professionals with a long term commitment, not some yahoo ministers trying to secure prosperous future for all their extended families in less than a year they are kept in their positions. They will never have time to work for the country.

Non-elected PM is a non-issue, really. Some are afraid that it's the way for the generals to put their man in the office, others are afraid that they won't get as many benefits from a non-elected PM as from their own party/coalition leader they can bargain with. No one is afraid that the country would suffer any real damage - the fact that matters most.

If they can't discuss these issues from neutral point of view, they are bound to get entangled in endless arguments between people protecting their own turf. There will never be a conclusion, not until people put the country first.

[MiG16]

well the non elected PM can definitely be the issue. if their intentions are so pure, why appoint military men to the board of state enterprises? they can investigate corruption cases without sitting in to make money from the board positions.

why retain such veto power on the government's decision when they handpicked, and propagate these individuals to be fair, neutral and morally 'right'? why retain such control over the selection process of the constitution drafting committee? and the bottom line is....the committee proposes a constitution that is not accepted by public..for whatever reason...then CNS gets the exclusive right to simply choose any previous constitution and put that in place? all too conveniently pointing to very undemocratic system. no matter how you try to say that this coup is different to the one in '91, remember that it is still a use of force.....maybe today the people are happy enough to get rid of Thaksin, and feel the generals are 'good' and 'humble' and are doing this purely for the good of the country. remember that generals change, new ones come in, new ones become more influential, and sometime even old ones change (surprise surprise!)

the point is....thailand needs to move past this ridiculour scenario where unconstitutional means can be used to replace the democratic way to correct the wrongs. remember that democracy is a process...it is never going to be a static product.....it will never be perfect.....but if you look carefully and think back 7 years ago, you will realise that people power and media power could not have been as strong as they are today. atleast thats how I see it.

[hammered]

well the non elected PM can definitely be the issue. if their intentions are so pure, why appoint military men to the board of state enterprises? they can investigate corruption cases without sitting in to make money from the board positions.

why retain such veto power on the government's decision when they handpicked, and propagate these individuals to be fair, neutral and morally 'right'? why retain such control over the selection process of the constitution drafting committee? and the bottom line is....the committee proposes a constitution that is not accepted by public..for whatever reason...then CNS gets the exclusive right to simply choose any previous constitution and put that in place? all too conveniently pointing to very undemocratic system. no matter how you try to say that this coup is different to the one in '91, remember that it is still a use of force.....maybe today the people are happy enough to get rid of Thaksin, and feel the generals are 'good' and 'humble' and are doing this purely for the good of the country. remember that generals change, new ones come in, new ones become more influential, and sometime even old ones change (surprise surprise!)

the point is....thailand needs to move past this ridiculour scenario where unconstitutional means can be used to replace the democratic way to correct the wrongs. remember that democracy is a process...it is never going to be a static product.....it will never be perfect.....but if you look carefully and think back 7 years ago, you will realise that people power and media power could not have been as strong as they are today. atleast thats how I see it.

Those who measure freedom of the media rated Thailand's media as freer under the the Banharn and Chuan governments than under the Thaksin regime when media was tightly controlled by quite severe measures. In the case of the media a return to 7 years ago would be a positive thing. That is part of the problem with democratic development in Thailand. Even with the 1997 constitution Thailand became in many ways less democratic over the past 7 years. How this can be solved with a new constitution is not easy to see. How, for example, can one regulate to stop business cliques that control the executive and legislature from controlling the media by th simple threat of total withdrawl of advertising revenue? We are not just talking about constitutional change but also a change in mindset.

[Jai Dee]

Gen Suchinda: present gov will not abuse power

The former Prime Minister Gen.Suchinda Kraprayoon (สุจินดา คราประยูร) believes that the government will not abuse its power and pass it on to its successors. He also called on everyone to empathize with the government.

Gen.Suchinda said the interim government has no choice but to accept the post and has limited time to solve many ongoing problems. As a result, it might not live up to the public’s expectation. He suggests that the government do its utmost for the country and complete the promises it once gave to the public.

Regarding to the new constitution, the ex-PM suggested that the Constitution Drafting Committee should focus on the practicality side of it. He wants this constitution to be the first one that is most suitable for the Thai society to assure full-fledged democracy, adding that the constitution should not be written to oppose a certain group of people or individuals.

Source: Thai National News Bureau Public Relations Department - 27 December 2006

[Jai Dee]

Gen. Boonsrang will speed up CDA appointment

The Supreme Commander and Council for National Security (CNS) member, Gen. Boonsrang Niempradit, said the appointment of 100 Constitutional Drafting Assembly (CDA) members will be expedited.

He said the pace of the appointment process is not related to whether it be finalized before Royal Thai Army Commander-in-Chief and CNS chairman Sonthi Boonyaratglin will be travelling to Saudi Arabia. He reasoned that they can still keep in touch via the modern telecommunication system when they are in different countries.

Gen. Boonsrang also refused to voice his opinion on whether or not expelled prime minister Thaksin Shinwatra will return to Thailand to testify before the Assets Examination Committee regarding the CTX-9000 case. Gen. Boonsrang said he does not want to create any confusion and the question should be directed to CNS chairman Sonthi.

Source: Thai National News Bureau Public Relations Department - 28 December 2006