Cleaning lady

[webfact]

CDC: New draft charter means Interior Ministry can organize elections

  

BANGKOK, 8 September 2016 (NNT) - The Constitution Drafting Commission has acknowledged that the Interior Ministry can legally be called on to organize elections under the new charter. 

CDC Chairman Meechai Ruchuphan said on Wednesday that the charter drafter’s organic laws will definitely take into consideration proposals from political parties. 

Mr. Meechai confirmed that the CDC will also look at the proposal from the political reform committee to make the Interior Ministry responsible for organizing general elections under the supervision of the Election Commission. 

He stated that the new draft Constitution has authorized the EC to assign any suitable agency to handle the elections — a condition similar to its past practice, in which the commission organized all polls with help from the Interior Ministry and the Education Ministry as well as other state agencies. 

Nevertheless, Mr. Meechai said that the CDC needs to consider the many aspects of all proposals before it can start working on organic laws.

 

-- nnt 2016-09-08

 

[Dexlowe]

So, what we have here is responsibility being passed into the hands of a ministry headed by a politician rather than a bureaucrat. Something smells. For a start, the EC in the past was responsible for the enforcement of election laws - so now that will be the ultimate responsibility of the minister (who oversees the police force)? Does this not open the way for manipulation of conditions surrounding electioneering and polling booths as per the wishes and dictates of the minister? If so, then that offers some sinister undertones, especially if the election laws are applied selectively in constituencies not in favour with the minister.

 

I think more explanation is needed.

[maoro2013]

Yesterday this wasn't true.

[NongKhaiKid]

A form

1 minute ago, maoro2013 said:

Yesterday this wasn't true.

A former British PM Harold Wilson said a week was a long time in politics but here it can be just a matter of hours and it also highlights once again the situation involving the right and left hands.

[Srikcir]

12 hours ago, webfact said:

the Interior Ministry can legally be called on to organize elections under the new charter.

According to the new charter:

Chapter 12 “Constitutional Organizations ,” Part 2 “The Election Commission,” Section 224:

The Election Commission shall have the duties and powers as follows:

(1) organize or arrange for the conduct of election of members of the House of Representatives, selection of senators and election of members of the local councils and local executives, and the conduct of public referendum;

(2) govern the election and the selection

 

[waldroj]

This NNT article reports the CDC has acknowledged that the Interior Ministry can legally be called on to organize elections under the new charter. 

 

To support this assertion, it quotes CDC Chairman Meechai Ruchuphan saying, "...the new draft Constitution has authorized the EC to assign any suitable agency to handle the elections..."!

 

Sorry, but I suspect Meechai is either reading between the lines (for political convenience), or he is suffering from a senior's moment! Nowhere in the so-called "people's" Constitution does it state this. In fact, the closest it actually comes is in Section 224, where it says that the Election Commission shall have the duties and powers as follows:

(1) organize or arrange for the conduct of election of members of the House of Representatives, selection of senators and election of members of the local councils and local executives, and the conduct of public referendum;

 

(2) govern the election and the selection under (1) to be in an honest and fair manner, and govern the voting in a referendum to conform with the law. For this purpose, it shall have investigation or inquiry power as deemed necessary or expedient.

 

While, in paragraph 7 of Section 224 clouds the issue as it says:

 

In the investigation or inquiry under (2), the Election Commission may entrust each Commissioner to carry out such duty thereof or entrust a group of persons to undertake it under the supervision of an Election Commissioner according to the rules and procedure as prescribed by the Election Commission.

 

Clearly though, from (1), it is the EC's role to "organize" elections while (from Para. 7) other groups may have an investigation or inquiry role!

 

Apparently though, we should not be unduly concerned that "others" may organise the elections, as Meechai tells us it is "...a condition similar to its past practice, in which the commission organized all polls with help from the Interior Ministry and the Education Ministry as well as other state agencies..."

 

Well, this was indeed sanctioned under the 2007 Constitution, as shown in Section 235:

The Election Commission shall control and hold, or cause to be held in an honest and fair manner an election of members of the House of Representatives, or selection of members of the Senate, election of members of a local assembly and local administrators including voting in a referendum...

 

While Section 236 listed the EC powers and duties, and concluded in the final two paragraphs that:

 

In the performance of duties, the Election Commission has the power to summon any relevant document or evidence from any person, or summon any person to give statements as well as to request the Courts, public prosecutors, inquiry officials, State agencies, State enterprises or local government organizations to take action for the purpose of performing duties, investigating, conducting inquiries and passing decisions.

The Election Commission has the power to appoint persons, a group of persons or representatives of private organizations to perform such duties as entrusted.

 

So, whilst it may have been the case previously, the new Constitution does NOT support Meechai's assertion! Perhaps we need an extra few months to draft a new amendment to Section 224, or perhaps rather than considering "...the many aspects of all proposals before it can start working on organic laws...", just dust off the Organic Act on the Election Commission B.E. 2550 (2007) and change the date.

 

[Srikcir]

38 minutes ago, waldroj said:

CDC has acknowledged that the Interior Ministry can legally be called on to organize elections under the new charter. 

Has the CDC now given itself the authority of the Constitution Court? In the 2016 draft constitution under Chapter 11, “The Constitutional Court,” Section 210:

                                                                                        

The Constitutional Court shall have the following duties and powers:

(1) adjudicate the constitutionality of a law or bill; (2) adjudicate the problems concerned with the duties and powers of the House of Representatives, the Senate, the Council of Ministers, or the Constitutional Organizations; (3) other duties and powers as provided in the Constitution.

The best CDC can acknowledge is that the Interior Ministry can with the approval of the Constitutional Court be called upon to organize elections under the auspices of the EC. But realistically, the 2016 draft Constitution has not been endorsed, is not yet legal in itself, and NCPO through its surrogates such as the CDC  is still free to make any unilateral changes to the draft under the Articles of the Provisional Constitution.

 

 

 

[JAG]

22 hours ago, Dexlowe said:

So, what we have here is responsibility being passed into the hands of a ministry headed by a politician rather than a bureaucrat. Something smells. For a start, the EC in the past was responsible for the enforcement of election laws - so now that will be the ultimate responsibility of the minister (who oversees the police force)? Does this not open the way for manipulation of conditions surrounding electioneering and polling booths as per the wishes and dictates of the minister? If so, then that offers some sinister undertones, especially if the election laws are applied selectively in constituencies not in favour with the minister.

 

I think more explanation is needed.

I think you have explained it very well.

[mtls2005]

As if the Interior Ministry wasn't already the most powerful (and lucrative) ministry here.