Legal experts warn Article 44 remains major impediment
By PRATCH RUJIVANAROM
THE NATION

 

 

BANGKOK: -- UNLESS the absolute power of Article 44 and existing National Council for Peace and Order’s (NCPO) orders are revoked, citizens will still face a struggle to protect the environment and their rights, legal experts say.

 

As the new constitution came into effect yesterday, legal experts who work with environmental groups and community rights campaigners expressed concerns that there was still a tough fight ahead to push forward with sustainable development and people’s rights.

 

“Life under the new constitution for the people who fight to protect their communities and the rights to manage their livelihoods will still remain tough. Moreover, they will have to fight harder to get the government to protect their rights and the environment,” Sor Rattanamanee Polkla, a lawyer from Community Resource Centre Foundation, said.

 

“Things will be more difficult for community rights campaigners if the NCPO orders are still active even under a democratic government, because there are many NCPO orders which severely violate people’s rights and diminish environmental protection in favour of large projects.”

 

Meanwhile, Pheu Thai Party leading figure Watana Muangsook yesterday called on the government to limit its use of absolute power via Article 44 of the interim charter. However, he added that whether or not the junta would stop exercising its absolute power would depend on how much moral sense they had.

 

With a new constitution being promulgated, the politician called on the current administration to take a caretaker role while preparing to “pass the baton” to a new government to be formed after the next election.

 

He warned that if the junta continued using such power, it would be difficult for future government to work.

 

Pheu Thai was ready to contest the election, Watana said. But he added that something worrisome for the party was possible use of absolute power during the election campaigning and possible rejection of the election result.

 

Surachai Throngngam, EnLawThai Foundation secretary-general, agreed that environmental protection would remain difficult if the absolute power of NCPO orders were still guaranteed, even if there is a new constitution.

 

“According to the temporary provisions of the new constitution, the NCPO orders will continue their effectiveness under the new government. They will be revoked only when there is a new law to make them inactive,” Surachai informed.

 

He warned that if the NCPO orders are preserved, the rule of law under the new constitution will not be effective as the government can use the absolute power to rule the country.

 

He said that many NCPO orders were problematic. As an example, order 3/2558, which strictly controls activism within the Kingdom, will make people’s efforts to fight for their rights a difficult task and make them liable for prosecution.

 

Sor Rattanamanee said the new constitution removed community rights from the citizen’s rights section as the government’s duty and people would have to demand that the government protects their rights.

 

“In the 2007 constitution, the |people could cite their rights directly from the constitution, as it was stated in the citizen’s rights section that all people had the right to participate on local resource management and to live in a healthy environment,” |she said.

 

“However, as these rights were transferred to the government’s |duty, we have no guarantee that the government will protect the people’s rights and people may have to |petition the government.”

 

Source: http://www.nationmultimedia.com/news/national/30311546

 

-- © Copyright The Nation 2017-04-07

 

2 hours ago, webfact said:

UNLESS the absolute power of Article 44 and existing National Council for Peace and Order’s (NCPO) orders are revoked, citizens will still face a struggle to protect the environment and their rights, legal experts say.

Is that the sound of people waking up and smelling the coffee ?   There is no place for unchecked power in government. 

I don't think legal 'experts' would be required to realise this.

EXPERT.

X , is an unknowen quantity. 

and a spert is a drip under pressure.  

17 minutes ago, maoro2013 said:

I don't think legal 'experts' would be required to realise this.

The turkeys voted for Christmas. It's a bit late when the trees and decorations are appearing, for 'Hey, hang on a minute...'

You voted for it, you got it.

I'm sure it's covered in some law, decree and/or constitution du jour but...

 

Is Article 44 (from the "interim constitution") still valid?

Can new "decrees" be made under Article 44?

Are the "old" Article 44 decrees still valid? If so, when will they be decreed invalid?

 

Confusing times, but maybe that's the point.

I think people give Prayuth (and his Article 44) more credit that he deserves. Article 44 proclamations normally result in NOTHING actually happening. Prayuth uses it so that the masses he 'saved' thinks he's doing something e.g. He uses Article 44 to stop people jumping red lighs...ummm...well no, you see, because real life policemen have to physically stop people doing that and if they don't then nothing gets done. He uses Article 44 to declare the purple line connection complete...ummm...well no, you see, because people physically have to build and complete the connection and if nobody does it, nothing happens. This is the same reason he sometimes feels reluctant to use Article 44 (See any issues that actually CAN be resolved with an executive order e.g. "I order and arrest warrant for Dhammachayo" - way back when, when that might have actually resulted in his capture.) 

5 hours ago, webfact said:

BANGKOK: -- UNLESS the absolute power of Article 44 and existing National Council for Peace and Order’s (NCPO) orders are revoked, citizens will still face a struggle to protect the environment and their rights, legal experts say.

 

And they are legal experts why?? Could it be because they are right most of the time??

5 hours ago, webfact said:

because there are many NCPO orders which severely violate people’s rights and diminish environmental protection in favour of large projects.”

And we are presently under the thumb of these NCPO orders at present right??

29 minutes ago, SABloke said:

I think people give Prayuth (and his Article 44) more credit that he deserves. Article 44 proclamations normally result in NOTHING actually happening. Prayuth uses it so that the masses he 'saved' thinks he's doing something e.g. He uses Article 44 to stop people jumping red lighs...ummm...well no, you see, because real life policemen have to physically stop people doing that and if they don't then nothing gets done. He uses Article 44 to declare the purple line connection complete...ummm...well no, you see, because people physically have to build and complete the connection and if nobody does it, nothing happens. This is the same reason he sometimes feels reluctant to use Article 44 (See any issues that actually CAN be resolved with an executive order e.g. "I order and arrest warrant for Dhammachayo" - way back when, when that might have actually resulted in his capture.) 

Yes Sir Mr. Prayuth the jig is up and we know the cut of your jib. Like it says above you and your article 44 often arrive to late after the barn door is open and the horse is gone. So what do you do well sweep up the horse droppings what else. 

What happened to Articles 1-43?