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Legislators informed of suspension of all selection processes of independent organizations


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Legislators informed of suspension of all selection processes of independent organizations

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BANGKOK: -- Members of the National Legislative Assembly were this morning (Thursday) informed by president of the assembly, Mr Pornpetch Wichitchonlachai of an order issued by Prime Minister Prayut Chan-ocha in his capacity as head of the National Council for Peace and Order to put on hold the selection processes of members of all independent organizations.

Invoking Section 44 of the interim constitution, the prime minister issued an executive order to effectively freeze the ongoing processes for the selection of members of the Constitutional Court, the Election Commission, the National Human Rights Commission, the National Anti-Corruption Commission and the ombudsman until the promulgation of a new constitution or until there is a new order.

As far as the selection of a new ombudsman is concerned, it means that a panel of the NLA which has been vetting the background of Mr Raewat Wisarutvej who was nominated as the ombudsman as part of the selection process will have to stop the whole process.

In the meantime, the outgoing members of the independent organizations will have to carry on with their work until there are replacements to take over from them.

Source: http://englishnews.thaipbs.or.th/legislators-informed-suspension-selection-processes-independent-organizations/

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-- Thai PBS 2016-07-14

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“…Invoking Section 44 of the interim constitution, the prime minister issued an executive order to effectively freeze the ongoing processes for the selection of members of the Constitutional Court, the Election Commission, the National Human Rights Commission, the National Anti-Corruption Commission and the ombudsman until the promulgation of a new constitution or until there is a new order…”

Whilst I am certainly no fan of junta-head, I have to say that, not only does this seem to be quite appropriate, it is also good governance on his part, given that the draft Constitution (http://www.un.or.th/2016-thailand-draft-constitution-english-translation/) to be presented to the Thai people at referendum in August makes specific reference to those independent bodies mentioned above.

In the draft Constitution:

Chapter XI (Sections 200­­­­­­­­­­­­­­­­­—214) deals with the Constitutional Court, while Chapter 12 addresses the other bodies under the heading of Constitutional Organisations.

  • The Election Commission is covered under Sections 222—227;
  • the Ombudsman is covered under Sections 228—231;
  • the renamed National Counter Corruption Commission is covered under Sections 232—237; and,
  • the National Human Rights Commission is covered under Sections 246—247.

Interestingly, the draft Constitution also includes the State Audit Commission under Chapter 12, but it seems this body escaped the current freeze.

In all cases, appointees “…shall hold office for a term of seven years as from the date of their appointment by the King and shall hold office for only one term…”.

So, it makes good sense to freeze the ongoing processes for the selection of members (of the above bodies) until the results of the referendum are known.

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Just watched a doco called Hitler a profile.

Showed his rise to the top . Funny when he got there how he banned political gatherings muzzled the press and invoked his will on the people with false yet effective methods to pull the wool over their eyes.

Fortunately in this day and age the Internet and social media gets the word out and trying now to muzzle that will be a mountain he just can't climb.

You can fool some of the people some of the the time.....

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“…Invoking Section 44 of the interim constitution, the prime minister issued an executive order to effectively freeze the ongoing processes for the selection of members of the Constitutional Court, the Election Commission, the National Human Rights Commission, the National Anti-Corruption Commission and the ombudsman until the promulgation of a new constitution or until there is a new order…”

Whilst I am certainly no fan of junta-head, I have to say that, not only does this seem to be quite appropriate, it is also good governance on his part, given that the draft Constitution (http://www.un.or.th/2016-thailand-draft-constitution-english-translation/) to be presented to the Thai people at referendum in August makes specific reference to those independent bodies mentioned above.

In the draft Constitution:

Chapter XI (Sections 200­­­­­­­­­­­­­­­­­—214) deals with the Constitutional Court, while Chapter 12 addresses the other bodies under the heading of Constitutional Organisations.

  • The Election Commission is covered under Sections 222—227;
  • the Ombudsman is covered under Sections 228—231;
  • the renamed National Counter Corruption Commission is covered under Sections 232—237; and,
  • the National Human Rights Commission is covered under Sections 246—247.

Interestingly, the draft Constitution also includes the State Audit Commission under Chapter 12, but it seems this body escaped the current freeze.

In all cases, appointees “…shall hold office for a term of seven years as from the date of their appointment by the King and shall hold office for only one term…”.

So, it makes good sense to freeze the ongoing processes for the selection of members (of the above bodies) until the results of the referendum are known.

How would you expect the referendum results to affect the selection processes?

Winnie

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Winnie:

Firstly, there is the possibility that the selection processes may not be completed before the referendum date.

Governments around the world typically put a freeze on senior appointments in the leadup to general elections and referenda, so this is not unusual.

Second, and more importantly, there could be Constitutional challenges in the future, given the current document is "Interim", and was drafted under circumstances that are hardly democratic.

Whereas the new one (if accepted) will have been endorsed by the voters at the referendum. So, appointments made under the new Constitution can be done in response to the wishes of the Thai citizens.

Seems only fair.

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Winnie:

Firstly, there is the possibility that the selection processes may not be completed before the referendum date.

Governments around the world typically put a freeze on senior appointments in the leadup to general elections and referenda, so this is not unusual.

Second, and more importantly, there could be Constitutional challenges in the future, given the current document is "Interim", and was drafted under circumstances that are hardly democratic.

Whereas the new one (if accepted) will have been endorsed by the voters at the referendum. So, appointments made under the new Constitution can be done in response to the wishes of the Thai citizens.

Seems only fair.

appointments made under the new Constitution can be done in response to the wishes of the Thai citizens

But doesn't the now junta-appointed Senate which will include after dissolution of the NCPO all former NCPO members have to agree to endorse current membership and/or new members? The Junta-appointed Senate remains in place for at least five years (longer if there's alleged civil unrest or political deadlock) in order to assure the Thai people through their elected officials nominate "good" people?

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Winnie:

Firstly, there is the possibility that the selection processes may not be completed before the referendum date.

Governments around the world typically put a freeze on senior appointments in the leadup to general elections and referenda, so this is not unusual.

Second, and more importantly, there could be Constitutional challenges in the future, given the current document is "Interim", and was drafted under circumstances that are hardly democratic.

Whereas the new one (if accepted) will have been endorsed by the voters at the referendum. So, appointments made under the new Constitution can be done in response to the wishes of the Thai citizens.

Seems only fair.

And interesting conclusion drawn from what you say is that the illegal coup d'état government might be worried that incoming senior appointees may be less trustworthy in relation to carrying out the government's wishes. The illegal coup d'etat Prime Minister could always invoke article 44 to overcome resistance but I rather feel that's a card he's played too often already as far as the international community is concerned.

Winnie

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