Reset of independent organisations debated

[webfact]

Reset of independent organisations debated
By THE NATION

 

Taweesak

 

November seminar set to consider replacing members of key agencies

 

BANGKOK: -- THE National Legislative Assembly (NLA) has not yet discussed resetting independent organisations following the advice of the National Reform Steering Assembly (NRSA), but may write in a provision if needed, NLA member Taweesak Sukawatin said yesterday. 

Following the writing of 10 organic laws, some political figures, including members of the NRSA, have strongly recommended that the current independent organisations, such as the Election Commission (EC), be reset by replacing the members.

The reasons cited included the fact that the constitution passed in the August referendum lays out different qualifications as well as terms for the members of commissions or boards. 

 

Full story: http://www.nationmultimedia.com/news/politics/30298266

 

-- © Copyright The Nation 2016-10-24

[Srikcir]

A reason not cited is that the EC (now a Constitutional Organization under the 2016 draft Constitution) has been acting mostly independently of the Prayut regime and its puppet organization the CDC.

[NongKhaiKid]

It won't take long for them to list truly independent organizations as there aren't any. 

[yellowboat]

If these organizations are truly "independent", why should they be effected at all ?  Their "Independence" is questionable.  It does sound like they are tying up loose ends slowly.

[Srikcir]

Just now, yellowboat said:

If these organizations are truly "independent", why should they be effected at all ?  Their "Independence" is questionable.  It does sound like they are tying up loose ends slowly.

When one considers that it was Prayut's appointed CDC that wrote the changes for EC qualifications into the 2016 charter and repeatedly challenged the authority of the EC up to the day of the charter referendum, EC's independence was as fragile as the next date for an election. During Yingluck's elected regime while the EC softly resisted her electoral policies it did in the end work with her to move elections forward. Lilely to the chagrine of the military and Suthep. Not going to happen again!

[waldroj]

"...Following the writing of 10 organic laws, some political figures, including members of the NRSA, have strongly recommended that the current independent organisations, such as the Election Commission (EC), be reset by replacing the members..."

 

As Srikcir correctly notes above, under Chapter 12 of the Prayut-styled "people's" Constitution, the EC (and a number of other groups) are now classed as Constitutional Organizations.

 

Under the Constitution, these Constitutional Organizations are:

• The Election Commission;
• The Ombudsmen;
• The National Counter Corruption Commission;
• The State Audit Commission;
• The National Human Rights Commission.

According to Section 215, Constitutional Organizations are the organizations established with the aim to independently perform duties in accordance with the Constitution and laws. More specifically, it also notes that the performance of duties and the exercise of powers of the Constitutional Organizations shall be in good faith, with fairness and courage, and without bias in the exercise of their discretion.

 

Now, the Preamble quite clearly sets out that the CDC (Not the NRSA, the NCPO, or the NLA) has the duty to restructure of the duties and powers of various Constitutional Organizations. And, according to Section 267, the CDC is also required to draft the following Organic Bills for submission to the NLA:

1. the Organic Act on Election of Members of the House of Representatives;
2. the Organic Act on Acquisition of Members of the Senate;
3. the Organic Act on the Election Commission;
4. the Organic Act on Political Parties;
5. the Organic Act on the Procedure of the Constitutional Court;
6. the Organic Act on the Criminal Procedure for Persons Holding Political Positions;
7. the Organic Act on the Ombudsman;
8. the Organic Act on Prevention and Suppression of Corruption;
9. the Organic Law on the State Audit;
10. the Organic Law on the National Human Rights Commission.

But, according to Section 273, ...the position holders in the Constitutional Organizations... holding office before the promulgation of this Constitution shall continue to perform duties and, when the concerned Organic Acts enacted according to Section 267 come into force, the continual holding of such positions shall be as provided by such Organic Acts.

 

So, quite clearly, if the Organic Acts change the rules relating to "the continual holding of such positions" then it will be as decided by the junta-appointed CDC.

 

While The Nation's article suggests the reasons this may happen being, "...the fact that the constitution passed in the August referendum lays out different qualifications as well as terms for the members of commissions or boards...", another more sinister reason may stem from within the Transitory Provisions of the Constitution.

 

Section 269 Paragraphs (A) and (C) state:

(A) The Election Commission shall complete the selection of two hundred senators pursuant to Section 107 and in accordance with the Organic Act on the Acquisition of Senators not less than fifteen days before the date of election of members of the House of Representatives under Section 268, and shall present the name list s to the National Council for Peace and Order;

(C) The National Council for Peace and Order shall select fifty persons and fifty reserve persons from the persons on the name list received from the Election Commission under (A), with regard thoroughly given to persons from diverse groups,...

 

So, if the EC is allowed to retain its current membership (of members appointed before the coup), AND these members act in the spirit of Section 215,  and exercise their powers "...in good faith, with fairness and courage, and without bias in the exercise of their discretion...", it could ensue that the two hundred names they select, in Section 269 (A) above, may prove problematic for the junta and its cronies. 

 

Far easier then to have the CDC simply reset of independent organisations (and avoid any problems) !!!

 

 

 

[smedly]

what it actually means is that these organisations cannot be manipulated or meddled with by any sitting government as has happened in the past - gets a thumbs up from me

[Caveat Emptor]

Replacing existing members with new members possession different qualifications as laid out in the referendum.

I wonder what these new qualifications could possibly be ?    

[Srikcir]

10 minutes ago, smedly said:

as has happened in the past

As has the military governments/NCPO manipulated and meddled with all the Independent Organizations past and present to assure that the political future of the nation cannot be changed by any future elected government.

 

I can see why you give a thumbs up to the continuation of the oligarchy and the suppression the people of the nation to determine their own future. Why take a chance on them? Again?

Edited October 24, 2016 by Srikcir
grammar

[Srikcir]

9 minutes ago, Caveat Emptor said:

I wonder what these new qualifications could possibly be ?

Ahem ... military service?

[Caveat Emptor]

7 minutes ago, Srikcir said:

Ahem ... military service?

Thanks, I never considered that one !   

[waldroj]

24 minutes ago, Caveat Emptor said:

Replacing existing members with new members possession different qualifications as laid out in the referendum.

I wonder what these new qualifications could possibly be ?    

 

As far as the Election Commission is concerned, they were originally selected before the coup, under the 2007 Constitution, thus:

 

Section 229 The Election Commission consists of a Chairman and other four Commissioners appointed, by the King with the advice of the Senate, from persons of apparent
political impartiality and integrity.

 

Section 230 An Election Commissioner shall have the qualifications but not any of the prohibitions as follows:

1. Aged not less than 40 years;
2. Having graduated with not lower than a Bachelor’s degree or its equivalent;
3. Having qualifications and not having prohibitions listed in Section 205 (1), (4), (5), and (6);
4. Not being a Justice of the Constitutional Court, Ombudsman, Commissioner of the National Counter Corruption Commission, Commissioner of the State Audit, or Commissioner of the National Human
Rights Commission.

The relevant prohibitions as listed in Section 205 above are:

1. Being of Thai nationality by birth;
4. Not being under any of the prohibitions under Section 100 or Section 102 (1), (2), (4), (5), (6), (7), (13), or (14);
5. Not being a member of the House of Representatives, Senator, political official, member of a local assembly or local administrator;
6. Not being or having been, in the past, a member or holder of other position of a political party over the period of three years before taking of office;

 

Under the "people's" Constitution 2016, the selection is to be made under:

 

Section 222 The Election Commission shall consist of seven members appointed by the King, with the advice of the Senate, as follows:

(1) five persons possessing knowledge and expertise in various academic fields beneficial to the conduct of honest and fair elections, and having apparent honesty, who have been selected by the Selection Committee;
(2) two persons possessing knowledge, expertise and experience in laws and having apparent honesty, and having in the past held a position of not lower than the Chief Judge or Chief Prosecutor for not less than five years, who have been selected by the general meeting of the Supreme Court;

 

A person to be selected as an Election Commissioner under (1) shall have the qualifications as prescribed in Sections 232 (2), (3), (4), (5), (6) or (7), or work or have in the past worked in the civil society sector for not less than twenty years, as specified by the Selection Committee.

 

And, those qualifications in Section 232: The persons selected must be of apparent honesty with knowledge, expertise and experience in law, accounting, economics, public administration or any other field beneficial to the prevention and suppression of corruption, and must possess any of the following qualifications:

(2) being or having in the past been in government service holding the position of not lower than the Director-General or equivalent head of government service for not less than five years;
(3) holding or having in the past held the highest executive position in a State enterprise or another State agency which is not a government service or a State enterprise for not less than five years;
(4) holding or having in the past held a professor position of a university in Thailand for not less than five years with apparent academic performance;
(5) being or having in the past been a professional practitioner certified by law who has continuously practiced for not less than twenty years up to the date of nomination and has been verified by such professional organization;
(6) having knowledge, expertise and experience in the areas of management, budgeting, finance, accounting or entrepreneurship management in a position of not lower than senior executive of a public company for not less than ten years;
(7) having in the past held the positions under (1), (2), (3), (4) or (6) for a total period of not less than ten years.

 

So, the criteria really are quite different, and somewhat more stringent than before - but, the cynic in me notes the "apparent" removal of the criteria that an eligible person have "apparent political impartiality and integrity" !!!

 

[tbthailand]

Pack them with "good people"...