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New Thai Constitution: CDC's 'crisis mechanisms' questioned

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NEW CONSTITUTION
CDC's 'crisis mechanisms' questioned

KASAMAKORN CHANWANPEN,
PRAPAN LERTUDOMDEE
THE NATION

BANGKOK: -- SOME KEY political figures have voiced concerns about the "deadlock-breaking mechanisms" that are being considered for the new constitution.

Political critic Suriyasai Katasila yesterday asked how this decision could be justified, while key Pheu Thai member Noppadol Pattama said crises could be dealt with by the people.

The comments came after the Constitution Drafting Committee (CDC) said that the authority of managing crises would go to existing bodies, including independent ones like the Constitutional Court, and that there was no need to create any special bodies like the now-discarded National Strategic Reform and Reconciliation Committee (NSRRC). However, the idea of a new body has not been totally ruled out yet. The crisis panel is widely believed to be the major reason the previous charter drafted by the Bowornsak Uwanno-led team was rejected.

Suriyasai, a prominent political critic who is director of Rangsit University's Thailand Reform Institute, said it was necessary to clarify exactly how these crisis-managing bodies could exercise their crisis-solving power.

He said that regardless of which body is given the jurisdiction to break deadlocks, the question remained: "How can organs with such power be justified?" He added that it remained to be seen how the CDC defines "crises" or "deadlocks" in its draft.

"Under what condition do these crisis-dealing bodies step in? To what extent can they exercise their power?" he asked.

The critic also called on the CDC to clarify all the doubts, regardless of whether they will create a new organ or adapt existing bodies to pull the country through difficult times. Otherwise, he said, it would be like giving them a "blank cheque" to do with as they please.

Also, if the drafters give panels the power to resolve deadlocks without any clarity, then they would end up facing questions about their justification.

Noppadol, meanwhile, said the problem was not the lack of deadlock-breaking mechanisms, but a failure to use the mechanisms currently in hand to resolve them.

"We have to look at what caused the deadlocks and crises in the first place," he said. "If it emerges that the conflicts are between the legislative and executive branches, then we already have mechanisms in the form of censure motions and Parliament dissolution."

Then, he said, the power is returned to the people via a new round of elections, adding that these were the democratic mechanisms used in civilised countries. But if the deadlocks were deliberately manufactured to block a government from doing its job, plenty of legal mechanisms were already in place to take care of the issue, the Pheu Thai politician insisted.

Citing airport shutdowns, the seizure of government compounds and the interception of general elections in the past, Noppadon said all problems could be dealt with in a normal legal manner, adding that it should be left up to the people to resolve deadlocks.

Also, those responsible for the crises must bear legal consequences of their actions, he said, adding that laws should not be "blunt for your clan, but sharp for the foes".

In a related development on the charter-writing process, CDC spokesman Amorn Wanichwiwatana said yesterday that the panel was working on the origin of senators.

Initially, the drafters had decided that senators would neither be directly elected nor appointed. They have been considering categorising people into professional groups and picking representatives from them. However, that method has faced the question of inclusiveness, so they reconsidered a regrouping of social forces to be represented in the upper house, Amorn said.

At this point, the CDC has agreed that senators will be selected or indirectly elected by different social groups or stakeholders to represent their factions, he said.

Source: http://www.nationmultimedia.com/politics/CDCs-crisis-mechanisms-questioned-30273808.html

nationlogo.jpg
-- The Nation 2015-11-27

"the idea of a new body has not been totally ruled out yet."

It should be ruled out.

An independent body already exists with the authority to manage deadlock-breaking mechanisms - The Royal Thai Military.

Any new body formulated by the CDC will just be a shadow of the RTM. So why not just be transparent and call it what it is already.

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