Article 44 to be enforced until new administration in office

[webfact]

Article 44 to be enforced until new administration in office

 

  

BANGKOK, 15 August 2016 (NNT) – The prime minister has confirmed that Article 44 of the interim constitution will be enacted until Thailand has a new government. 

Prime Minister and head of the National Council for Peace and Order (NCPO) Gen Prayut Chan-o-cha declined to give any comments on the announcement of Paiboon Nititawan, a former member of the disbanded National Reform Council (NRC), who said he would form a new political party whose main task is to oust Gen Prayut. 

The prime minister however said such political movement is forbidden by Article 44 of the provisional charter which will be in effect until a new administration takes office, adding that he only hopes to maintain peace and order as well as create a peaceful environment for the general election scheduled to take place in 2017. 

He also asked all political parties and other members of society to embrace the results of the charter referendum. 

According to an official announcement by the Election Commission, 61.31 percent of voters supported the draft constitution while only 38.65 percent voted against.

 

-- nnt 2016-08-15

[WhizBang]

So no political gatherings until AFTER the supposed elections next year?

 

I would have thought that article 44 would become non-existant once the new charter gets it's royal endorcement, thereby replacing the provisional charter.  Or have I missed something?
 

[Alive]

Amazing how after two years of unclear answers the NCPO and its government is now able to tell the truth. They knew this all along but they hide the truth for votes. And these folks think politicians are devious.

[The stuttering parrot]

He's got the taste so don't hold your breath for a 2017 election.

[Alive]

He will be elected by the people he appoints again just as he was before. What's the change? No change. I don;t call him a PM. He's not.

[BigBadGeordie]

Seriously, did anyone expect otherwise?

[Srikcir]

3 hours ago, WhizBang said:

So no political gatherings until AFTER the supposed elections next year?

 

I would have thought that article 44 would become non-existant once the new charter gets it's royal endorcement, thereby replacing the provisional charter.  Or have I missed something?
 

Possibly.

In previous announcements I believe Prayut made it clear that Article 44 will stay in effect until Prayut approves the new PM cabinet. Only upon approval will the NCPO dissolve (and by extension Article 44), albeit transmute into the Senate as ex-officios. Obviously with such veto power over the cabinet make up, he can also influence the nomination of the next PM.

 

[mtls2005]

But, but, but, what about when the "People's Constitution" is gazetted? How can an article in an old constitution remain 'legal'?

 

Oh, right. I forgot, it's 99% democratic.

[Srikcir]

5 minutes ago, mtls2005 said:

But, but, but, what about when the "People's Constitution" is gazetted? How can an article in an old constitution remain 'legal'?

 

Oh, right. I forgot, it's 99% democratic.

Following up on my previous thread, it would be logical that Prayut as the current PM and NCPO Chief will forward the new constitution for royal endorsement and gazetting when HE is satisfied via Article 44 of the new executive branch makeup.

[williamgeorgeallen]

3 hours ago, WhizBang said:

So no political gatherings until AFTER the supposed elections next year?

 

I would have thought that article 44 would become non-existant once the new charter gets it's royal endorcement, thereby replacing the provisional charter.  Or have I missed something?
 

whats the point of having a political gathering? future elections are just for show. probably best for everyone safety if people stop gathering anywhere to avoid mass causalities from these bombings. this military dictatorship is going to cost many many innocent people lives.

[mtls2005]

7 minutes ago, Srikcir said:

Following up on my previous thread, it would be logical that Prayut as the current PM and NCPO Chief will forward the new constitution for royal endorsement and gazetting when HE is satisfied via Article 44 of the new executive branch makeup.

 

I can't see how he can make that timeline work. The "people's constitution" needs to be gazetted well before any "elections".

 

I do realize he can do whatever he wants, but they ought to sort out the legal transition from the NCPO, it's countless 'edicts', the interim charter, and article 44. Treating constitutional laws in their usual slapdash maner is wht usually gets them in trouble in a few years?

[DM07]

Gonna be an interesting election with 44 still in place: no political gatherings allowed...

[williamgeorgeallen]

1 hour ago, DM07 said:

Gonna be an interesting election with 44 still in place: no political gatherings allowed...

well quite a few people on TV seem to think it worked for the vote on the referendum so why shouldn't it work for a general election? elections are just for show any way, not going to matter what conditions they are held under.

[Thailand]

New administration?

 

Same old, new hats maybe. The free and fair referendum gave the ptb a complete free reign.

[Thailand]

5 hours ago, The stuttering parrot said:

He's got the taste so don't hold your breath for a 2017 election.

He had it well before the May event of 2014.

 

I had posted,in April 2014 I believe, that a particular senior military man was enjoying the limelight during the "we will not" period and we would be seeing a lot more of him, hit that nail on the head!

[tifino]

43 minutes ago, williamgeorgeallen said:

well quite a few people on TV seem to think it worked for the vote on the referendum so why shouldn't it work for a general election? elections are just for show any way, not going to matter what conditions they are held under.

 

of course it works, for general elections - a general was/ and again, will be, elected

Edited August 15, 2016 by tifino

[williamgeorgeallen]

2 minutes ago, tifino said:

 

of course it works, for general elections - a general was/ and again, will be, elected

ha, got a good laugh out of that thanks.

[linksman00]

33 minutes ago, tifino said:

 

of course it works, for general elections - a general was/ and again, will be, elected

Is it just my imagination or is Thailand starting to resemble Venezuela  in the good old Hugo Chavez days  I certainly hope in 6 months time that Thailand does not begin to resemble North Korea 

[waldroj]

That Article 44 of the interim constitution will be enacted until Thailand has a new government should surprise no one!

 

Section 279 of the "Peoples" Constitution clearly states:

 

All announcements, orders and acts, including the performance of the National Council for Peace and Order or of the Head of the National Council for Peace and Order already in force prior to the date of promulgation of this Constitution or will come into force in accordance with Section 265 Paragraph Two, irrespective of their constitutional, legislative, executive or judicial force, shall be considered constitutional and lawful and shall continue to be in force under this Constitution. Repeal or amendment of such any announcement or order shall be made by an Act, except in case of the announcements or orders of the exercise of executive power in nature, the repeal or amendment shall be made by an order of the Prime Minister or a resolution of the Council of Ministers, as the case may be...

 

So, as the Preamble would have us believe:

 

...Upon completion, the Draft Constitution has been disseminated to the public with the summary of explanations on its essence in a manner which enables the public to easily and generally understand it, and has organized a referendum to approve the entire Draft Constitution...

 

As junta-head notes, forming a political party is forbidden by Article 44 - at least, until the Organic Act on Political Parties has been enacted under Section 130 para (4) of the Constitution. This is in keeping with the CDC's drafting of the four charter-related bills before the election process can begin (http://news.thaivisa.com/thailand/pm-prayut-announces-the-next-steps-to-be-taken-after-the-referendum/150845/)!

 

Maybe (just maybe) now, Thai people may start to realise what they were voting for on 7 August (and why it was so important to understand the contents of draft Constitution)!

[mtls2005]

"Section 279 of the "Peoples" Constitution clearly states:"

 

I thought Article 44 was in the Interim Charter? Or was it also an NCPO order ( or announcement,  or act)? Less filling, tastes great.

 

I guess "lawful, constitutional and final" covers everything.

 

Section 44 empowers the NCPO leader to issue any order "for the sake of the reforms in any field, the promotion of love and harmony amongst the people in the nation, or the prevention, abatement or suppression of any act detrimental to national order or security, royal throne, national economy or public administration, whether the act occurs inside or outside the kingdom". The orders so issued are all deemed "lawful, constitutional and final".[

 

And some people say "governing" is difficult.

[ChoakMyDee]

I'm confused, how can they hold general elections if holding a political gathering is illegal? Did I read it wrong?

[elgordo38]

7 hours ago, WhizBang said:

So no political gatherings until AFTER the supposed elections next year?

 

I would have thought that article 44 would become non-existant once the new charter gets it's royal endorcement, thereby replacing the provisional charter.  Or have I missed something?
 

What your missing is that the general's wishes over ride any constitution. He who wields the powers sets the rules. I guess a lack of political discussion pretty well tells you how this "peoples election" will turn out. 97% for the elite 3% for the people. I read in one of the newspapers here that the military is floating the idea of forming their own political party and guess who their pick for PM would be. They need to fragment the voting system so that no one party like the Pheu Thai party can gain the upper hand. The poor and disenfranchised have 90% of the votes and they must be kept in the dark so that the minority (we all know who they are) can sneak up the middle. Crying foul will not be considered. 

[Hawk]

The definition of terrorism;

 

1         the use of violence and threats to intimidate or coerce, especially for political purposes.

 

2.

the state of fear and submission produced by terrorism.

3.

a terroristic method of governing.

 

 

Thailand's army should be placed on the list of known terrorist organizations.

[Squeegee]

4 hours ago, williamgeorgeallen said:

whats the point of having a political gathering? future elections are...

 

...a parade for show, NOTHING more.

 

 

 

The junta's "referendum" and its management prove that there will be no elections other than from entirely within the junta's own definition of what "elections" are.

 

 

It shows us that "How long before elections?" has become a redundant question because what the junta defines as elections is just another stage of their road-map, merely another shuffle of desks and chairs and quick re-arrangement of the smoke and mirrors.

 

 

Forget elections until the junta roadshow is gone.

 

 

 

 

 

 

[tbthailand]

The prime minister has confirmed that Article 44 of the interim constitution will be enacted until Thailand has a new government. 

 

and very likely thereafter, as well... 

[yellowboat]

He is a sad little man who is sadly predictable.  He serves crony-ism and clings to a past at the expense of the average Thai.  

[dominique355]

On 15/08/2016 at 8:32 AM, mtls2005 said:

But, but, but, what about when the "People's Constitution" is gazetted? How can an article in an old constitution remain 'legal'?

 

Oh, right. I forgot, it's 99% democratic.

 

It took the Military Coup leaders just hours to submit their new Military constitution (infamously known as the Sec. 44 constitution) for royal endorsement.

 

Why does it take so long, probably 2 years to submit the people approved constitution 2016 for Royal endorsement?

 

Answer: Because there is no Sec. 44 in the 2016 constitution?

 

[Srikcir]

25 minutes ago, dominique355 said:

Because there is no Sec. 44 in the 2016 constitution?

There is a Sec. 44 in the 2016 Constitution: A person shall enjoy the liberty to assemble peacefully and without arms.
Restriction on the liberty under Paragraph One shall be prohibited, except by virtue of the provisions of the law enacted for the purpose of maintaining the security of the State, public safety, public order or good morals of people, or protecting the rights or liberties of other persons.

Sec. 44 of the 2015 Interim/2016 Provisinal Charter has been rebranded in part as Sec. 279 in the 2016 Constitution: All announcements, orders and acts, including the performance of the National Council for Peace and Order or of the Head of the National Council for Peace and Order already in force prior to the date of promulgation of this Constitution or will come into force in accordance with Section 265 Paragraph Two, irrespective of their constitutional, legislative, executive or judicial force, shall be considered constitutional and lawful and shall continue to be in force under this Constitution.

[hawker9000]

With the new senate to consist wholly of military appointees (as well as a portion of the lower chamber), I'm having trouble figuring out the fundamental difference between the pre- and post-election governments here, regardless of when the elections are actually held.

[Eligius]

14 minutes ago, hawker9000 said:

With the new senate to consist wholly of military appointees (as well as a portion of the lower chamber), I'm having trouble figuring out the fundamental difference between the pre- and post-election governments here, regardless of when the elections are actually held.

You are right. And that is the whole point: there is, in ultimate essence, no difference between the open military rule of today and the sneaky, more covert military rule of tomorrow. The 'Constitution' sees to that - and all the previous dictats from the present 'government' remain in force under this 2016 Constitution, as Thaivisa member Srikcir has pointed out above. 

So - no permitted public reading or discussing of George Orwell's supreme political novel, Nineteen Eighty-Four anytime soon.

Now why would the Rulers want to stop up and gag the eloquent mouth of George Orwell --  can't think why   .....!