Constitution Drafting Assembly Appointed by Royal Decree

[Mid]

The Popular Campaign for Democracy Secretary-General, Mr. Suriyasai Katasila, says the general election could be postponed to the beginning of next year. In response, Col. Sansern Kaewkamnerd, the CNS Spokesman, says Gen. Sonthi has reiterated at the CNS meeting that the general election will definitely be held as scheduled during December 16th to 23rd, 2007.

please correct me if I'm wrong ,

first the constitution must pass a referendum BEFORE there will be a general election ,

if the above is correct , I'm very intrigued by the definity of Gen. Sonthi

[Jai Dee]

Democrat supports article 233 of new charter

Democrat Party Leader voices support for article 233 of the new constitution which gives a mandate to the Supreme Court to overrule the Election Commission’s verdict revoking election candidates’ right to run in an election.

Democrat Leader Abhisit Vejjajiva reveals that the party has concluded its members’ opinions on the new constitution and is ready to submit them to the prime minister on May 8th. Most of the opinions concern amendments to articles which are deemed undemocratic.

He also says the party does not expect that the Constitution Drafting Committee (CDC) will amend the whole charter draft as it wants the government to arrange a general election as soon as possible.

Source: Thai National News Bureau Public Relations Department - 04 May 2007

[Jai Dee]

Surayud to get parties'views on charter draft

Drafters should join meeting today, Chat Thai's Somsak says

Prime Minister Surayud Chulanont will today discuss the constitution draft with leaders of all 44 political parties, as a gesture of goodwill amid conflict over several unpopular sections.

Surayud's role at Government House will be limited, as he has no role to play in the draft, but his first meeting with party leaders should help to ease the political pressure.

Before meeting the prime minister, representatives of the Democrat, Chat Thai and Mahachon parties will meet to air their positions on the new constitution.

Controversial issues include the method by which MPs should be elected, whether senators will be elected or appointed, whether there should be a national crisis committee and whether Buddhism should be made the state religion.

"We agree with a proposal to have an election to get three MPs in one zone. We don't mind if we are going to do away with the party list.

"However, each party will have its own opinion," said Democrat spokesman Ong-art Klampaiboon.

Chat Thai Party deputy leader Somsak Prissanananthakul said yesterday that his party, the Democrats and Mahachon had not yet received a letter of invitation from the prime minister to attend today's meeting. He also wondered whether members of the Constitution Drafting Committee (CDC) would also attend to get feedback from the parties.

He insisted that Chat Thai would like the Council for National Security to spell out which constitution it would introduce in the event the draft is rejected in a national referendum.

General Thongchai Kuasakul, a leader of the movement demanding Buddhism as the state religion, said the demonstrations in front of Parliament would be stopped, because of fears a third party may exploit them.

But the Buddhist movement would not stop campaigning away from Parliament, he said.

Charan Phakdithanakul, deputy chairman of the CDC, said drafters were trying to resolve this delicate political issue. He feared that including Buddhism in the constitution might lead to further domestic conflict.

Meanwhile, Palang Pandin Thai Party leader Likhit Dhiravegin expressed readiness yesterday to form a new alliance with two former prime ministers, Chuan Leekpai and Chavalit Yongchaiyudh, designed to boost his chances of joining the next government.

Likhit said he met Chuan in Trang on Sunday and would talk with Chavalit at his party's headquarters in Bangkok today.

"I told Chuan that I am ready to support him if he wants to intervene in a political crisis," he said in reference to the speculation that Chuan might resume leading the Democrat Party should incumbent leader Abhisit Vejjajiva be penalised for electoral fraud.

"I also plan to welcome Chavalit as my party's adviser, although I believe he will soon form a new party. I am willing to become his ally," Likhit said.

He said Chuan and Chavalit were both political veterans who would always wield influence on the political landscape.

Likhit dismissed news reports that he wanted Chuan to lead the Democrats once again, saying he would not interfere with the internal affairs of another party.

He said he aimed to be an ally of Chuan and Chavalit but would not seek a party merger.

Likhit was speaking in the wake of last week's unveiling of a plan by Matchima Group leader Somsak Thepsuthin to form a new party under the leadership of former deputy prime minister Somkid Jatusripitak.

Somsak and Somkid have made it clear they are in the race to form the next coalition.

In regard to today's meeting of 44 political parties at Government House, Likhit said his party would raise six questions on unclear charter provisions.

His party opposed the revamp of the constituency electoral process and found no justification to reduce House seats from 500 to 400, he said.

He said the clause on the national crisis panel seemed vague and should be cut, adding that he disagreed with the appointment of the Senate.

He said he opposed a clause on granting immunity to the power seizure and that he wanted Buddhism to be declared as the religion "coexisting" with Thailand and not as the state religion.

Ong-art, of the Democrats, said Likhit's remarks would not have an influence on how the Democrats charted their future course.

"My fellow Democrats are grateful to Likhit for showing his support for Chuan, although we do not know his true intentions," Ong-art said.

The Democrats have deemed it too early to speculate on a new alliance or the candidates forthe premiership because the drafting of the new constitution had not been completed, he said.

He said his party would use today's morning meeting with its two former opposition allies, Chat Thai and Mahachon, to form a joint stand on the constitution draft.

The three parties' views will be submitted to the prime minister in the afternoon, he said.

He said his party was concerned about provisions on the appointed Senate and on the national crisis panel.

Meanwhile, Panthep Klana-rongran, chairman of the National Counter Corruption Commission (NCCC), said his agency would like to be given the power to directly prosecute politicians without having to wait for a plaintiff to file a charge first.

"We would like the new constitution to give this power in line with the NCCC Act," he said.

Source: The Nation - 08 May 2007

[Jai Dee]

Former opposition parties disagree with the constitution drafting

Mahachon, Chart Thai, and Democrat parties unanimously disagree with the new charter drafting as they see that it is undemocratic.

After the meeting between the three former opposition parties today (May, 8th), Democrat Leader Abhisit Vejjajiva says the parties are concerned that if the constitution is written undemocratically and based on the feeling of insecurity of the interim government, it will not be able to resolve the country’s crisis. The Democrat leader adds that the party has many other channels and forums to voice its opinions on the new charter apart from the meeting which is scheduled to be held by the government today.

Meanwhile, Chart Thai Leader Banharn Silpa-archa says if the constitution drafters are biased against political parties, the coming general election scheduled to take place at the end of this year will face troubles and the economy will be affected.

As for Mahachon Leader Sanan Kachornprasat (สนั่น ขจรประศาสน์), he remarks that the government did not show respect to political parties when inviting them to join the meeting today.

Source: Thai National News Bureau Public Relations Department - 08 May 2007

[Jai Dee]

CDA Chairman to consider public view before he will approve the first constitution draft

Constitution Drafting Assembly (CDA) Chairman Noraniti Sethabutr (นรนิติ เศรษฐบุตร) indicates he will consider public’s view on the first constitution draft before he will implement the next process.

CDA Chairman says the first constitution draft is currently in the process of considering public’s opinions. Meanwhile, he dismisses rumors claiming that the government and the Council for National Security (CNS) have urged the CDA to cancel the first constitution draft.

CDA Chairman says the CNS and the government should announce clearly whether what they will do next if the first constitution draft is not accepted by people.

At the same time, the National Teacher Organization has submitted a document to CDA Chairman to request CDA to add issue concerning education into the new Constitution.

Source: Thai National News Bureau Public Relations Department - 08 May 2007

[cclub75]

Former opposition parties disagree with the constitution drafting

Mahachon, Chart Thai, and Democrat parties unanimously disagree with the new charter drafting as they see that it is undemocratic.

So to sum up : former opposition + former majority (TRT) consider that the new constitution is... bad !

On the other hand, the new charter is supported only by the people... who are writing it. Aka the junta.

I'm wondering, how long the fiction in which the current gvt is living can last ?

We are heading toward a total dead-end. But still some people enjoy themselves : "elections next december, everything will return to normal".

What an illusion.

[Plus]

The whole opposition to the FIRST draft is centered around only three or four points.

Out of those Senate selecton and appointment of independent bodies are the only issues that can potentially stall the process (as judiciary refuses to take additional roles), and probably only the Senate election is of any concern for the general public.

Politicians from all sides are going to protest as their powers are seriously clipped in the proposed draft. Their opinion is important as they are the ones who will mainly use (abuse) the Constitution but they are not the only ones to vote, in fact they are in tiny minority and their voice is insignificant as they won't be allowed to campaign against the constitution.

[blaze]

The whole opposition to the FIRST draft is centered around only three or four points.

Out of those Senate selecton and appointment of independent bodies are the only issues that can potentially stall the process (as judiciary refuses to take additional roles), and probably only the Senate election is of any concern for the general public.

Politicians from all sides are going to protest as their powers are seriously clipped in the proposed draft. Their opinion is important as they are the ones who will mainly use (abuse) the Constitution but they are not the only ones to vote, in fact they are in tiny minority and their voice is insignificant as they won't be allowed to campaign against the constitution.

If as you say, the powers of politicians will be clipped- who will then assume those powers that normally would be in the hands of the politicians?

[cclub75]

If as you say, the powers of politicians will be clipped- who will then assume those powers that normally would be in the hands of the politicians?

The answer is obvious : the good old cocktail of military+monarchists.

There is a word for this : oligarchy.

Plus thinks it's a good deal.

We'll see...

[Plus]

As I understand it supposed to be judiciary, and they don't want to get involved.

The old cocktail will always be there, no matter what they put in the Constitution, and to that degree Thaksin was right - their powers are unconstitutional.

The curious thing is that the people support them and even Thaksin had to hide his real intentions from the public.

There are very very few people in this country who want to challenge this status quo rather than play along and get the best deal out of it, especially politicians.

I don't mean to say that whatever objections politicians raise today in a meeting with Sorayud have no reasonable grounds whatsoever.

[blaze]

As I understand it supposed to be judiciary, and they don't want to get involved.

The old cocktail will always be there, no matter what they put in the Constitution, and to that degree Thaksin was right - their powers are unconstitutional.

The curious thing is that the people support them and even Thaksin had to hide his real intentions from the public.

There are very very few people in this country who want to challenge this status quo rather than play along and get the best deal out of it, especially politicians.

I don't mean to say that whatever objections politicians raise today in a meeting with Sorayud have no reasonable grounds whatsoever.

Then are you saying that under the proposed constitution, when you claim that the politicians will have their powers clipped- and politicians make up the elected government- elected by the people- that essentially it is the people of Thailand who will have their powers clipped?

[Jai Dee]

Cabinet will reconsider charter draft next week

The Cabinet has not resolved the constitution draft issues and will discuss them in the Cabinet meeting next week.

The Deputy Government Spokesman, Mr.Natthawat Suthiyothin, says the Cabinet acknowledged the ministers' opinions on the charter draft, and debates were made during the meeting.

However, most ministers agreed to reconsider the constitution draft in the next Cabinet meeting as many issues still have to be finalized.

Source: Thai National News Bureau Public Relations Department - 09 May 2007

[Jai Dee]

CDA Deputy Chairman affirms no switching of constitution draft during referendum

The Deputy Chairman of the Constitution Drafting Assembly affirms that the constitution to be used for public referendum is the actual constitution which has been approved by the CDA Chairman.

Deputy Chairman of the Constitution Drafting Assembly Mr. Wicha Mahakhun (วิชา มหาคุณ) expressed his belief that the meeting between Prime Minister Gen Surayud Chulanont and representatives from various political parties yesterday (May 8) was a normal activity aimed at reducing disputes due to contrasting views and political benefits. Mr. Wicha reports that in the next 2-3 days, the Constitution Drafting Assembly will be conducting another discussion to plan for a public referendum for the new constitutional draft.

The Deputy CDA Chairman affirms that the constitution to be used for the referendum has been approved by the CDA Chairman, and that no switching of constitutional drafts occurred as alleged by the Chairman of the Jucidial Committee for Political Reform to the National Legislative Assembly, Mr. Wisanu Kleu-ngam (วิษณุ เครืองาม).

Source: Thai National News Bureau Public Relations Department - 09 May 2007

[Mid]

The Deputy CDA Chairman affirms that the constitution to be used for the referendum has been approved by the CDA Chairman, and that no switching of constitutional drafts occurred as alleged by the Chairman of the Jucidial Committee for Political Reform to the National Legislative Assembly, Mr. Wisanu Kleu-ngam (วิษณุ เครืองาม).

say what .................

[slimdog]

The Deputy CDA Chairman affirms that the constitution to be used for the referendum has been approved by the CDA Chairman, and that no switching of constitutional drafts occurred as alleged by the Chairman of the Jucidial Committee for Political Reform to the National Legislative Assembly, Mr. Wisanu Kleu-ngam (วิษณุ เครืองาม).

Source: Thai National News Bureau Public Relations Department - 09 May 2007

Translation:

The Deputy CDA Chairman confirms that the proposed constitution which will be put to public referendum (scheduled for 3rd September) will be exactly the same as the one which has been approved by the CDA (scheduled for July 5th).

In order for the final draft to be promulgated, the following is required:

Finished witin 180 days

Passed by majority vote by the CDA

Passed by majority vote in a public referendum

If any of the 3 conditions are not met then the National Security Council (NSC) along with the council of ministers has 30 days to pick and amend any previously promulgated constitution and present it to His Majesty for promulgation. I think what Mr. Wisanu Kleu-ngam has alleged is that the CDC might present one final draft to the CDA in order for it to get passed, and then change it for the referendum.

[Jai Dee]

Mr. Banyat urges CDC to eliminate all conflicts related to drafting new Constitution

Democrat former-leader Banyat Banthadthan (บัญญัติ บรรทัดฐาน) believes the first Constitution draft will be approved by public referendum if the Constitution Drafting Committee (CDC) eliminates all conflicts.

Mr. Banyat should explain the process on drafting constitution by clarifying which forms of the prior constitutions it will use if the new one is not approved by public hearing.

In addition, the CDC should try to eliminate all current conflicts, including Article 68 which stipulates the establishment of organization to solve the national crisis, the qualifications of selected Senators, and the request to designate Buddhism as the national religion.

Source: Thai National News Bureau Public Relations Department - 10 May 2007

[Jai Dee]

No worries Down Under

Australia and the international community are not overly fussed about the new Thai constitution but hope the general election will be held as soon as possible, Thai Ambassador to Canberra Bandhit Sotipalalit was reported yesterday as saying.

"Australian authorities are not concerned about our new constitution although they want to know the timetable for elections," he said in an interview with the Thai News Agency.

Bandhit said the image of Thailand had improved in the eyes of foreigners after Prime Minister Surayud Chulanont announced that the election would take place by the end of the year.

He said his embassy and the Foreign Ministry were ready to assist the Election Commission so that Thai expatriates could cast votes.

In regard to Thai-Australian relations, he said bilateral ties remained unchanged following the September coup.

Bandhit highlighted a recent agreement to boost military ties as proof of the unwavering friendship between the two countries.

He said bilateral trade had increased 18 per cent last year, with Thailand enjoying a surplus worth 700 million Australian dollars (Bt20.2 billion). Australia is the eighth-largest market for Thai exports.

Source: The Nation - 11 May 2007

[Mid]

another subtle push to accept a substandard constitution for the sake of early elections .........................

[Jai Dee]

NLA to consider its members’ opinions concerning constitution drafting

The National Legislative Assembly (NLA) says it will consider NLA members' opinions on the new constitution draft next week.

NLA Spokesman and Member of the NLA’s Extraordinary Committee for Political Reform, Akkhapol Sorasuchart (อรรคพล สรสุชาติ) says it is NLA’s responsibility to consider each article of the charter draft carefully and thoroughly, especially the ones that have aroused tensions. The spokesman also affirmed that NLA has not draft another constitution to compare with the one drafted by the Constitution Drafting Committee (CDC).

As for NLA’s next meeting, Mr Akkhapol says it is scheduled to consider a report on the charter drafting written by NLA’s Extraordinary Committee for Political Reform. NLA will forward the report to the Constitution Drafting Assembly (CDA) later.

Source: Thai National News Bureau Public Relations Department - 11 May 2007

[Jai Dee]

Charter canvasser pledges people power

The head of a government-appointed team to sound out the public on the new constitution threatened yesterday to mobilise people if the charter-drafters and the drafting assembly do not listen to their views.

"If our voice is not loud enough, we will increase the number of people [to make the demands]," said Witthayakorn Chiangkool, chairman of the People's Participation Committee for the Drafting of the Constitution under the Office of the Prime Minister's Permanent Secretary.

"Perhaps they have been receiving too many letters and haven't read it [the panel's report]. We may have to exert more energy in order to convince them to listen, as we have good recommendations," he said.

Some of the suggestions compiled by the committee - which claims to have met 10,000 people - include calls for universal healthcare service, free college education, and ensuring citizens have the right to hold a referendum on controversial mega-projects.

Witthayakorn, a pro-democracy student activist turned academic, said much of the first draft constitution may contain pleasing words but it is unlikely to translate into reality.

"There're no guarantee," he said. "They wrote it beautifully as if to fool us. Perhaps they're fooling us with good intentions but no concrete guarantee is offered."

Examples cited by Witthayakorn, who led a meeting on the draft charter with journalists from around the Kingdom in Bangkok yesterday, include a requirement that Parliament approves treaties such as free-trade agreements.

"What if a future administration has the majority control of Parliament?" he said.

Another example is how union rights are never really protected by the state.

"We have tens of millions of workers but only a few hundred thousands union members. Workers can be fired just because they're thinking of forming a union, and there's no protection."

Witthayakorn also decried the criteria for future appointed senators in placing a minimum requirement that they hold a bachelor's degree.

"Local sages or union leaders should also be qualified," he said.

Boonlert Changyai, a newspaper editor representing the Thai Journalists Association, said he was concerned about likely abuse of Article 35, which contains a new requirement that the media must ask for "permission" before publishing or reporting "personal details" of any individual.

"I think there's a hidden agenda. I'm against it and it's very severe. Do we now have to ask for a prisoner's permission before publishing their details? And if the answer is no, what are we to do?"

Takerng Somsab, representing the Thai Broadcast Journalists Association, said he was not sure if the new requirement that bars politicians from owning or being involved in media ownership will work.

"It's good to have it written down, but a multilevel proxy can still do it. Can they prevent that?"

Little-known journalists from the provinces took the floor to air their views in the afternoon, and many were against an appointed Senate.

"Why are we being regressive and refusing the people's participation?" said one journalist.

A few noted that rural people have no clue about either the drafting process or content of the draft charter.

"I for one do not understand a single article. Information is not trickling down to villagers at grassroots level. They told me we're simply going to wait until referendum day. They said a 'knight on a white horse will come' and tell them how to vote in due time," confessed one male radio journalist from Roi Et province.

"In my area," he said, "the sentiment is for rejecting it."

Hearing many voices saying local people have no clue about what is going on, a female TITV journalist said: "We should simply campaign for the endorsement of the charter."

Source: The Nation - 12 May 2007

[slimdog]

Charter has good points

A small forum was held at Khon Kaen University this week for people in the Northeast to exchange views on problems involving society, education, culture and politics. The session I attended dealt with politics and the hottest issue was none but the draft charter. First and foremost came a complaint about the distribution of the draft. ''We haven't been able to find a copy. Please let me know where we can so we can look into it,'' cried a women's leader from Udon Thani.

''Our village heads, who attended a meeting, got two copies, but we villagers haven't seen even the cover,'' she moaned. ''We asked our village heads about it, but they said they hadn't read it. So how can they make proposals or decide on whether to accept it?'' she asked. I suggested that she send a letter to the Constitution Drafting Committee, informing them of the problem. Actually, the entire draft was published in newspapers as an advertisement, but due to space limitations and the cost involved, the print is so small nobody can make out a thing.

Full story: http://www.bangkokpost.com/Perspective/13May2007_pers40.php

Reading the above, made me wonder how many people on the forum had actually looked at the current draft. To the best of my knowledge an Official translation of the draft Constitution hasn't been published. This is normally certified by the Council of State. However, an unofficial translation is available for anyone interested at:

http://rspas.anu.edu.au/rmap/newmandala/wp...ion-english.pdf

[slimdog]

Pichian's suggestions

National Legislative Assembly member Pichian Amnartworaprasert has proposed 18 changes to the constitution draft. (Note: He is also a member of the Constitutional Drafting Assembly)

His proposals include:

Senators to come from elections and the number remains the same as stipulated in the 1997 constitution, which is 200;

Add a clause in Article 2 that Thailand has Buddhism as the state religion;

Remove paragraph 2 of Article 68 over the establishment of a panel to tackle national crises;

Remove Article 299 relating to political amnesty;

Maintain the number of MPs at 500 and not reduced it to 400;

Change the election system from multiple MP constituencies to single MP constituencies, as in the 1997 constitution, and maintain the number of party-list MPs at 100 but reduce the cut-off proportion from 5 per cent to 1 per cent. Votes should be tallied at polling stations.

MPs should be allowed to run independently and not have to run under a party banner;

Remove the clause that allows courts and independent agencies to propose legislation and reduce the number of eligible voters who can propose legislation from 20,000 to 10,000;

Add a clause to Article 186 that before ratifying any agreements with foreign countries, public hearings must be carried out and approval sought from the House;

Remove Article 246 that stipulates that public prosecutors work under an independent agency;

Remove a clause in Article 216 that stipulates that senators can launch impeachment proceedings against judges, prosecutors and other high ranking officials; (Note: should read Article 261)

Reduce the number of people required for petitions to launch a constitutional amendment, from 100,000 to 50,000.

Source: http://www.nationmultimedia.com/2007/05/15...cs_30034235.php

[Mid]

No person of Thai nationality shall be deported or prohibited from entering the

Kingdom.

taken from the unofficial draft

election is futrher away than ever ............................

[rychrde]

The draft constitution has many similarities with the way things work in the UK, which lest we forget has no constitution.

One thing strange, wonder if I read it right. The prime minister and ministers are nominated by the king - same in the UK and by protocol the PM is the leader of the largest party. Nothing says that Ministers have to be members of house of Representatives, though they of course can be - same in UK. Ministers may not also be Senators - different to UK where Lords can be Ministers. However, it also says that Ministers may not vote in the House. This means if the winning party has a slender majority it has no interest in having its elected members as ministers because as they cannot vote it means potentially losing their voting majority! Strange.

Re Buddhism I think this is a way to start some new laws regarding souther muslims. I have some sympathy here. Have a look at Malaysia's laws on religion. Highly restrictive to non-muslims and almost impossible for a muslim to apostate. Now if similar laws were enacted but from the standpoint of a Buddhist state it may well exacerbate the situation but could lead to its solution. However, it would contradict another article that says all Thais shall be treated equally and have equal rights.

rych

[Jai Dee]

EC pushes for referendum date

The Election Commission yesterday urged the National Legislative Assembly to fix the charter referendum date so work can begin.

"Setting the date is important because it determines the number of eligible voters as regulations state that they must have their names on their housing registration for not less than 30 days," secretary-general Suthipol Thaweechaikarn said.

The date also determines when citizens who want to cast their vote away from their native provinces have to register. These two matters need more than 60 days for preparation.

The NLA had tentatively selected September 2 but the EC needs the NLA to announce the date officially, Suthipol said after a meeting on planning for the plebiscite.

The EC also decided to set up a special command centre to oversee the voting in the five southernmost provinces of Narathiwat, Pattani, Yala, Songkhla and Satun.

It will close the ballot boxes in those provinces from 3-4pm and count the votes at the polling stations.

Commissioner Sodsri Sattayatham said if the Cabinet does not allocate Bt1.5 billion to organise the national referendum by the end of the month, the EC will run into a lot of problems. The agency would borrow some funds from the NLA to tide it over.

Sodsri downplayed reports that the NLA intends to vote down the constitution draft, saying the NLA will revise the clauses that its members dislike.

Source: The Nation - 17 May 2007

[Mid]

The EC also decided to set up a special command centre to oversee the voting in the five southernmost provinces of Narathiwat, Pattani, Yala, Songkhla and Satun.

It will close the ballot boxes in those provinces from 3-4pm and count the votes at the polling stations.

will they ever learn ?

special treatment for a special part of the country .................

[Jai Dee]

CDC to amend charter draft today

The Council for Constitution Drafting Committee (CDC) is scheduled to start amending the new constitution draft today (May, 17th). CDC Chairman confirms CDC will try its utmost in completing the charter draft as planned.

CDC Chairman Prasong Soonsiri (ประสงค์ สุ่นศิริ) says CDC’s meeting today will focus on amendments of the draft. He affirms CDC will amend it on the basis of social benefits.

As for twelve organizations CDC earlier called for opinions on the charter draft, the chairman says three of them have already submitted their opinions concerning various issues of the draft to CDC.

Source: Thai National News Bureau Public Relations Department - 17 May 2007

[Jai Dee]

Visanu attacks draft charter

Law expert and member of the National Legislative Assembly, Visanu Kruangam, said there are three major flaws in the draft charter, namely the concept behind the draft, the language used and the principle.

He said the concept is problematic, if not lacking, as the drafters began their process by putting forward some 36 questions to the public without having a clearly-thought-out concept beforehand, unlike the 1997 constitution.

"It's like seeing the trees but not the forest," he told the NLA Thursday.

Another problem cited by Visanu was the attempt in the draft charter to weaken political parties while Thailand is a parliamentary democracy. "It's ironic," he said.

Visanu also attacked Article 68 of the draft charter, which invokes an ad hoc crisis council to help solve political impasse. He questioned who would define when the country is in crisis.

"What if the organisation itself creates the crisis?"

The proposal for an appointed Senate has also been criticised by Visanu. He said that if the new Senate is allowed to retain its current power, it would be against the principle of popular rule to have it appointed and not elected.

He said the separation and balance of the three branches of government must be maintained, but the drafters are trying to empower the judiciary over the executive and legislative branches.

Source: The Nation - 18 May 2007

[Jai Dee]

CHARTER A TERRIFIC DISTRACTION

Drafting process has been a wonderful way to buy time for a regime short on legitimacy

The upcoming referendum on the draft charter is at best a tricky beast. For a start, citizens are free to reject the charter written by junta-appointed drafters but, if they do, they have no idea which previous constitution the junta will then saddle them with, or what amendments will be made to it first.

Last week the junta also proposed a new regulation that, if approved by its own appointed Prime Minister, Surayud Chulanont, will ban future polls on what the public thinks of the draft charter.

If the charter is eventually accepted, the junta will likely claim that as an endorsement of its coup and subsequent actions.

On the other hand, if the draft ends up being rejected, they will blame it on the performance of the Surayud administration, along with old power clique and anti-coup activists. They may capitalise on the upheaval and use it as a pretext to stage yet another coup. How long the people will put up with such a threat is anybody's guess.

No matter how it turns out, one of the most overlooked issues is that the referendum on the charter and the drafting process itself have been an effective time-buying strategy for a regime short on legitimacy.

People put up with the suppression of numerous rights and liberties under the junta because they have been told to wait and see the final draft of the new charter.

The charter saga has also distracted the public from the main issue - the lack of legitimacy of the junta and the regime it installed. Too much time has been spent by the media and the public on the charter's drafting and referendum and too little on other political issues, especially the vicious cycle of coups and corrupt regimes.

This is despite the fact the political crisis faced by the country over the past year or so was clearly not primarily in the nature of a constitutional crisis.

But the media and citizens seem happy allotting most of their time to the debate on a new charter, like obedient pupils playing a game set up for them by the junta without questioning why they ought to play the game at all and what is behind it.

A few distracting remarks or discourses have been made about the draft charter. Well-known law experts with questionable records, such as Bowornsak Uwanno, have urged the public not to pick on minor flaws but to look at the larger picture and endorse the charter as a whole.

For once this writer agrees with Bowornsak, but the larger picture the public ought to pay attention to is not the charter itself, but the context in which it came about and what repercussions it will have on the future of Thai politics.

Examination of the larger context readily reveals that the new charter is the product of a military takeover, with no real people's participation. Yet the Constitution Drafting Assembly shamelessly tries to dub it a "people's constitution".

And what signal will it send to the military and society at large if this charter is endorsed? It will most definitely send the wrong signal that future coups are not just possible but plausible, because the public will accept them and yet another new charter.

As debate continues ad infinitum on the merit or lack of merit of the draft, along with speculation on the referendum's result, the public should bear in mind that they owe it to the younger generation to consider the big picture and the more distant future, and how saying yes or no to this draft charter will affect them.

Source: The Nation - 18 May 2007

[Mid]

Human rights commissioner Jaran urges public to reject draft charter

May 20, 2007 : Last updated 08:54 pm (Thai local time)

There would still be hope for the future of Thai democracy if the public rejected the junta-sponsored draft constitution and called for the revival of the 1997 People's Constitution, national human rights commissioner Jaran Ditha-apichai said.

it's as plain as the nose on your face that the powers to be are rushing through a less than suitable charter under the carrot of early elections ........

mans inhumanity to man never ceases to amaze and sadden me .