Constitution Drafting Assembly Appointed by Royal Decree

[Jai Dee]

CNS agrees constitution should limit duty duration of PM

The Council for National Security unanimously agreed upon a constitutional amendment which stipulates that Prime Ministers cannot remain in power for more than 2 terms, or 8 years.

The Spokesperson to the Council for National Security, Col Sansern Kaewkamnert (สรรเสริญ แก้วกำเนิด), revealed that a CNS meeting yesterday (May 21) was attended by Judge Advocate Genaral Gen Atthapol Charoenpanich (อัฎฐพร เจริญพานิช), who, in his capacity as the Chairman of the Constitutional Drafting Monitoring Committee to the CNS, reported on various articles being drafted for the new constitution.

All 8 Council for National Security members are receptive to their advisory committees in order to arrive at a conclusion to propose to the Constitution Drafting Assembly (CDA). The CNS agreed upond several constitutional articles including power constraints for the executive, and legislative branch, and the enactment of article 68 to respond to national emergencies.

Col Sansern added that CNS members also agreed that the constitution should limit the total duty duration of Prime Ministers to 2 terms, or no more than 8 years.

Source: Thai National News Bureau Public Relations Department - 22 May 2007

[Jai Dee]

Ministry of Natural Resource and Environment asks for amendment of constitution draft

The Ministry of Natural Resource and Environment has proposed the national environment committee to amend the constitution draft in articles concerning rights of communities in conserving natural resources and water conservation.

Permanent Secretary of natural Resources and Environment, Pittipong Phungboon Na Ayutthaya (ปีติพงศ์ พึ่งบุญ ณ อยุธยา) says his ministry has requested the national environment committee to re-consider the article 65 of the constitution draft. The committee should add more details explaining rights of communities in conserving natural resources, so as to prevent conflicts between state organizations and communities in the future.

Mr. Pittipong has also casted doubts on why water conservation is not written in the constitution draft, claiming that article 84 only concerns water management for agriculture. As a result, the ministry wants see details of water conservation contained in the constitution draft as well.

Source: Thai National News Bureau Public Relations Department - 22 May 2007

[Mid]

The Council for National Security unanimously agreed upon a constitutional amendment

oxymoron ......................

[Jai Dee]

Labor group submits opinions on new charter to CDC

Thai Labour Solidarity Working Committee (TLSC) proposes five issues to be addressed in the new constitution.

President of the Labour Solidarity Working Committee, Wilaiwan Saetia (วิไลวรรณ แซ่เตีย) submitted the proposals to Deputy Chairman of the Constitution Drafting Committee (CDC), Md.Chuchai Suphawong (ชูชัย ศุภวงศ์). According to the president, TLSC wants the new constitution to allow laborers and people of other professions who work outside their hometown to vote for members of parliament and senators in the area they work in. The group as well suggests that senators should be elected, not appointed.

In addition, TLSC requests CDC to adjust qualifications of senators and guarantee laborers’ right to form labor federations. It also calls for the cancellation of all forms of privatization made to state enterprises.

Source: Thai National News Bureau Public Relations Department - 22 May 2007

[Mid]

It also calls for the cancellation of all forms of privatization made to state enterprises.

shoot for the stars ,

you may get the moon .

[Jai Dee]

Dr Wichit says academics’ criticism about charter draft more good than bad

The Minister of Education affirms he will not warn university academics not to criticize the constitution draft as they have the right to do so and their opinions are good for the country.

Education Minister Wichit Srisa-arn (วิจิตร ศรีสอ้าน) says the academic who oppose the charter draft can express their disagreements as long as they do not use violent methods and intentionally obstruct the constitution drafting process. He affirms the National Legislative Assembly (NLA) is willing to accept and consider opinions concerning the draftfrom all sides.

Dr Wichit adds that he has no problem with the opposition of the charter draft by the academics as they have not persuaded people to stage rally but actively invited everyone to participate in the public hearing for the new constitution.

Source: Thai National News Bureau Public Relations Department - 25 May 2007

[Jai Dee]

CDC defers any move on banning of executives

The Constitution Drafting Committee yesterday postponed a decision on whether the new constitution draft should include a ban on executives of dissolved parties until after the Constitution Tribunal's ruling tomorrow on the electoral-fraud cases.

The committee was about to debate the article when CDC chairman Prasong Soonsiri ordered it to postpone any decision. "We will wait and hear the rulings and decide later," he said.

CDC member Wicha Mahakhun said CDC deputy chairman Charan Pakdithanakul had proposed the article but agreed a decision be postponed to reduce pressure on the committee from allegations that it was seeking to apply the ban to executives of the country's two major parties.

"We do not want politicians to link us to the incident because finally the court may not dissolve either party," he said.

CDC member Sodsri Satayathum, who two weeks ago requested a quorum check for a vote on whether to remove article 68 of the charter draft, which relates to the setting up of a national panel to tackle crises, asked the committee to note her intention to include the article for further debate.

Prasong, who moved to stop Sodsri's quorum check saying he wanted the CDC to remove the article to prevent conflict among its members, said he agreed the committee secretary note Sodsri's intention to initiate further debate on setting up the panel.

"I asked to remove the article because I believe the National Legislative Assembly members can bring the article back into the draft during the next debate," he said.

Source: The Nation - 29 May 2007

[Jai Dee]

Ministry of Labor ecourages labourers to participate in constitution public referendum

Election Commission (EC) has asked for cooperation from Labor Ministry to encourage laborers to join in the constitution’s public referendum set to be held in September.

In response to EC’s request, the Ministry of Labor will submit documents to 300,000 companies nationwide, to encourage entrepreneurs to allow laborers to afford public participation.

EC also needs the ministry’s help in explaining the drafting of the new constitution to laborers so they will have a chance to take part in creating new constitution.

At the same time, the Minister of Labor has expressed his willingness to give cooperation to the EC.

Source: Thai National News Bureau Public Relations Department - 30 May 2007

[bentrein]

Thanks for all the great news clippings. I'm trying to make up my mind on the new constitution though - the proposals that are lying around and such. Is there anywhere on the net anything official (a government site or such) that has the draft as is - or at lease a summary of the draft? I try to keep up by reading the news papers, but I'm sure it's not all there's to it...

Edit: I found it myself... For anyone else interested: cda.parliament.go.th/ - as expected, a lot of text!

Edited May 31, 2007 by bentrein

[Gary A]

Why all the fuss about a new constitution? Even after they have a new one, someone won't like it and it will be thrown away AGAIN! You DON'T simply scrap a constitution, you amend it.

[Jai Dee]

CDC Chairman affirms CDC will not amend issue of Buddhism as state religion

Chairman of the Constitution Drafting Committee (CDC), Squadron Leader Prasong Soonsiri affirms CDC will not amend the issue of Buddhism as the national religion.

The chairman says the CDC meeting today (June, 4th) will consider amending the first framework of the constitution which concerns people’s rights, liberties, participation, and decentralization. As for the issue of Buddhism as the state religion, the chairman says Buddhism, which is the religion of the majority of Thai people, as well as other religions must be protected and promoted equally.

Today (June, 4th) in the morning, Representatives of the Buddhist Organization have submitted a letter to CDC Member Phichian Amnatworaprasert (พิเชียร อำนาจวรประเสริฐ), requesting CDC to designate Buddhism as the national religion. At the same time, the Council for Buddhist Organizations and a number of monks have gathered in front of the Parliament House, demanding the new constitution to address Buddhism as the state religion.

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

[Jai Dee]

CDC Member disheartened by rumors of CDA members trying to undermine new charter

A member of the Constitution Drafting Committee (CDC) says she is disheartened by rumors that some members of the Constitution Drafting Assembly (CDA) have tried to undermine the new constitution.

CDC Member Sodsri Sattayatham (นางสดศรี สัตยธรรม) expresses her feelings during the meeting between CDC and CDA. Mrs Sonsri says she is bored with CDA’s work and saddened by some CDA members’ criticism about CDC’s work. Mrs Sodsri also reveals that CDA is divided into two groups and one of which have tried to destroy the new charter draft.

Meanwhile, CDA Member and Chairman of the CDA’s Committee for People’s Participation and Public Hearing, Jermsak Pinthong (เจิมศักดิ์ ปิ่นทอง), says no CDA member has declared that he/she has undermined the new constitution and requests Mrs Sodsri to be careful with her interview with the press as it might create misunderstandings amongst the general public.

CDC Chairman who is the chairman of the meeting, Prasong Soonsiri, calls for both CDC and CDA to stop arguing with each other and keep on working together to draft the constitution.

Source: Thai National News Bureau Public Relations Department - 05 June 2007

[ando]

Ho Hum. Its a bloody coup (well, with no blood this time) where people with guns take over government.

Only in a third world country would they try to make it look like some kind of a legitimate legal process. When military dictators start writing laws it doesn't start making it legal or democratic.

[rychrde]

This could go on forever. It looks to me as if too many people want to insert into the constitution their favourite bits of policy. A constitution should surely be about who has the power to do what, how they are chosen, and who has the power to check they do not overstep their powers. Everything else is policy and should be left for later. no?

rych

[Jai Dee]

Public to see final draft on July 6

Constitution Drafting Assembly member Pichien Amnartworaprasert holds up a copy of the draft charter during a press briefing at the Parliament building yesterday.

The 35-member Constitution Drafting Committee (CDC) is expected to complete a revised draft of the charter by Sunday before forwarding it for final debate by the 100-member Constitution Drafting Assembly (CDA).

The CDA will deliberate on the revised draft from Monday until June 30, and the vetted draft will be finalised for public scrutiny by July 6 - a month before it goes to a referendum.

"The CDA has revised some 70 provisions as per suggestions from the 12 organisations vetting the first draft and a series of public hearings," CDA secretary Somkid Lertpaitoon said yesterday.

The revised provisions included certain clauses contained in the motions filed by CDA members, but the CDC agreed to the changes without debating them, Somkid said.

One of the unresolved issues is how to revise the selection process for independent organisations after judges objected to being involved because of fears that the courts might become politicised, he said.

"The CDC will have to come up with an alternative before Sunday," he said.

Meanwhile, CDA member Pichien Amnartworaprasert said his motion to enshrine Buddhism as state religion was still intact even though his fellow member Sodsri Satayatham had withdrawn her support.

He said he had sufficient votes for the motion to be sponsored.

He also denied Sodsri's claim he had backtracked from his pledge to support her motion on the crisis panel in exchange for her endorsement of his motion.

CDC chairman Prasong Soonsiri said he expected to complete rewriting the draft yesterday so there should be time to polish wordings in time for Sunday's deadline.

Prasong blamed CDA members for generating bad publicity about conflicting views on revised provisions in a bid to sway the CDC to meet their demands.

"Contrary to its perceived image, the CDC has reached amicable agreements on revised provisions," he said.

He was also confident that politicians linked to the ousted government would not succeed in swaying voters to reject the new constitution in the referendum.

"I believe funds have been spread around by those individuals struggling to regain power but I don't think they can dupe the people," he said.

Source: The Nation - 08 June 2007

[Jai Dee]

Seminar concerning public participation in the drafting of the new constitution, to take place in Chiang Mai

The Public Relations Subcommittee of the Committee for People’s Participation in the Constitution Drafting will arrange a seminar on the media’s participation in the charter drafting in Chiang Mai Province.

Public Relations Official of Chiang Mai Province, Chuchoke Thongtaluang (ชูโชค ทองตาล่วง) says the Permanent Secretary Office of the Office of the Prime Minister has informed him of the seminar which is scheduled to be held on June 12th at the Chiang Mai Phukham (ภูคำ), Muang District, Chiang Mai Province. Participants of the seminar include representatives of all kinds of media and various organizations as well as local artists and relevant government officials.

Mr Chuchoke says the seminar is aimed to inform the participants of the mission and operation of the Committee for People’s Participation in the Constitution Drafting as well as the public hearing process.

The PM’s Office expects that the participants of the seminar will help people understand the public hearing and persuade them to study the whole constitution thoroughly before making a judgment about it.

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

[Jai Dee]

New charter will end political crisis: poll

Most respondents in a nationwide survey by Abac Poll have high hopes that the new constitution will be the way out of the country's political crisis and will vote to accept it in the planned public referendum.

Abac Social Innovation in Management and Business Analysis director Noppadol Kannika said his office surveyed 4,114 people in 20 provinces across the country from May 26 to June 9.

More than half (54.3 per cent) said the country was facing an extreme political crisis, 21.5 per cent said the crisis was moderate, 9.4 per cent felt it was not serious and 3.5 per cent said the situation had not yet reached crisis point. The remainder, 11.3 per cent, offered no comment.

More than three quarters (75.6 per cent) said the movement to oust the government and the Council for National Security would solve the political problems, reasoning that the protests would plunge the country deeper into crisis, 12.8 per cent felt that the protests were the solution, and 11.6 per cent gave no comment.

Asked if they thought the enactment of the new constitution would end the political turbulence, 64.8 per cent said yes, and that the holding of elections would help as well, 21.9 per cent said they do not think so because the constitution was not cause of the crisis, while 13.3 per cent gave no comment.

However, 22.8 per cent said the general election would not help as long as politicians continued to buy votes. Asked if they would vote in the referendum, 63.7 per cent said they would, 16.9 per cent said no, while 19.4 per cent said they were undecided.

The majority of respondents who planned to vote were from the South. Of these, 69.4 per cent said they would vote in favour of the constitution and 30.6 per cent said they would reject it. Respondents from the South also formed the majority of those who said they would accept the referendum.

Two-thirds of the respondents believed that Thaksin Shinawatra's supporters would not be able to form the next government.

Source: The Nation - 11 June 2007

[Mid]

More than three quarters (75.6 per cent) said the movement to oust the government and the Council for National Security would solve the political problems, reasoning that the protests would plunge the country deeper into crisis,

??????

[Jai Dee]

CDC Chairman to explain why nation is refusing to designate Buddhism as the national religion

The Constitution Drafting Committee (CDC) Chairman Sqn.Ldr.Prasong Soonsiri (ประสงค์ สุ่นศิริ) said that the CDC will explain its reasons to the people of why Buddhism is not designated as the national religion.

In response to the recent rally demanding Buddhism to become national religion, Sqn. Ldr. Prasong said there are no matters that are behind closed doors and the issue of Buddhism can be brought up in public.

He further added that to avoid complications, article 288 which stipulates the lifetime of the Council for National Security (CNS)’s administration period, has been re-edited to prevent further misinterpretation.

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

[Jai Dee]

Drafting assembly begins final review of the new charter

The Constitution Drafting Assembly (CDA) began its final vetting of the new constitution yesterday - and rejected a move to provide foreigners with equal treatment under Thai law.

CDA member Karun Sai-ngame failed to convince his peers to support a move he proposed be added to Article 5 of the draft.

Karun said the move would make Thailand more friendly to foreigners and tourists.

"It's a progressive issue," he told the assembly about his group's proposal to introduce non-discriminatory treatment for foreigners under Thai law.

"If more foreigners visit Thailand because of this new law then it's good and they will have to be under Thai law too."

But many were opposed to the move and took turns attacking the idea.

Drafter Suphot Kaimuk, a former diplomat, said: "I have been to many countries and there's no country that grants equal rights to foreigners. They are like second-class citizens. And many foreign criminals will enter the Kingdom if such a law exists. We must consider national security because there are Mafia, money launderers and terrorists.

"As for Medicare, we can't even provide adequate care to Thai people, so how can we offer it to foreigners?"

Drafter Pairoj Promsarn said that with over a million illegal migrant workers in the country, it would be a big problem if foreigners were treated equally.

Charan Phakdithanakul said: "We're drafting the Kingdom of Thailand's constitution and not the United Nations charter. Our world hasn't reached that utopian borderless era yet," he said, adding that decent and humane treatment of all people was already guaranteed under Article 4.

"We may become the only country in the world if we enshrined that," said Charan, who is permanent secretary of the Ministry of Justice.

A vote was called for and only 12 people supported Karun's move, while 63 CDA members rejected it.

Another move that failed yesterday was a plan to add a few words to bar privy council members from holding positions as rectors or members of university councils.

CDA member Krisada Hai-wattanakul claimed that some private universities had been inappropriately exploiting "the aura" of some privy council members for financial benefit.

But only 23 CDA members supported the proposal while 54 rejected it during the vote.

The CDA managed to introduce its own version of Article 29, which is closer to the spirit of the 1997 charter, in order to make the passing of any law that suspends the constitutional rights of citizens more difficult, and includes the wording that the passing of any law that suspends some rights must be done only when "necessary".

The Constitution Drafting Committee secretary Somkid Lertpaitoon tried but failed to convince drafters that the version suggested by the CDC was good enough. "Only the right to religion is inalienable. Others can be limited," Somkid told the assembly.

One CDA member was not convinced. "We can't predict the future as to whether the government will pass laws curbing people's rights or not," he said.

Some 68 voted against the CDC's version while only eight supported it.

The area outside parliament where the assembly met yesterday was blocked by thousands of Buddhist protesters who are calling for Buddhism to be made the state religion.

The group said Buddhism was "under threat" in the deep South, where Buddhists faces Muslim separatist rebels. It also added that countries like Bhutan, Burma, Sri Lanka and Cambodia recognised Budd-hism as their state religion.

Meanwhile, a group calling itself the People's United Front Against the Coup (PFAC) said bodies charged with drafting the new constitution were acting illegally and could only create an illegal charter.

"We condemn and oppose the Constitution Drafting Assembly in vetting the charter to serve dictators and the bureaucracy, which is leading Thai society towards a new low," the group said in a statement.

Source: The Nation - 12 June 2007

[cclub75]

Drafter Suphot Kaimuk, a former diplomat, said: "I have been to many countries and there's no country that grants equal rights to foreigners. They are like second-class citizens. And many foreign criminals will enter the Kingdom if such a law exists. We must consider national security because there are Mafia, money launderers and terrorists.

The Constitution Drafting Committee secretary Somkid Lertpaitoon tried but failed to convince drafters that the version suggested by the CDC was good enough. "Only the right to religion is inalienable. Others can be limited," Somkid told the assembly.

One CDA member was not convinced. "We can't predict the future as to whether the government will pass laws curbing people's rights or not," he said.

The intellectual level of some drafters is mind boggling... What a circus !

[Mid]

Rights gone wrong

By Achara Ashayagachat

Article 32(3) of the draft constitution was supposed to protect civil liberties. Instead, it expands police powers to search people without a warrant.

Human rights activists have expressed grave concerns over the contentious reversal of the draft constitutional clause. Instead of providing stronger laws to protect civil liberties, it seems to give even more extensive powers to police.

Angkhana Neelaphaijit, charter drafter and a member of the Constitution Drafting Assembly (CDA), said she was disappointed that the final draft of the article was the opposite of what it was designed to be due to heavy lobbying. The article narrowly passed the assembly's vote, winning by 42 to 39, with two abstentions.

"I don't know who ordered the trade-off of the vote, but it's obvious bargaining and lobbying which should not have happened," said Ms Angkhana.

Article 32 (3) was supposed to protect the rights of the people, especially the poor who are often abused and mistreated by the authorities.

But now that chance has gone since police officers argued that a court warrant before a personal search was an obstacle to their work, she said.

"In fact, even without the warrant, officers can arrest a suspect in certain circumstances such as when they are caught red-handed," Ms Angkhana said.

She referred to the case of a Chulalongkorn University student who was framed by police, who planted amphetamines on him, and was taken into custody for nearly a week and refused access to his family.

The student was almost expelled from the university, she said.

this whole process is nothing but a recipe for trouble ..........................

[Jai Dee]

Tug of war over draft constitution

Conservatives and moderates clashed yesterday during the vetting of the final draft charter over the issues of right to peaceful assembly, access to public information, and community rights - with mixed results.

A few progressive suggestions such as better protection for unions have been dropped.

Although the freedom to peaceful and unarmed assembly was upheld, a proposal to put in writing that a state demonstrator "must be protected by the state" in Article 62 was rejected.

Restriction of the right to assembly will also be subject to a prohibition law that is specifically enacted "to maintain public peace and order" or in the case of "emergency, or when martial law has been declared".

The Constitution Drafting Committee (CDC) had to remove "war" as a reason for prohibiting the right to assembly, while moderate members of the Constitution Drafting Assembly (CDA) insisted that citizens should have the right to protest against unjust laws.

Heated debate also took place over the public's right of access to information. The CDC had to withdraw the proposal to limit the right of access to information or the Information Act "if it affects international relations".

The withdrawal came after draft writer Suphot Kaimuk failed to convince the majority of the joint house that "national security and international relation are inseparable".

Those opposing it say that if included, future free-trade agreements will be done in secrecy without the public having any information. CDA member Chirmsak Pinthong said denying the right of access to information has become a norm instead of an exception.

Even with such a withdrawal, many exceptions still exist in the draft article.

The right of access to facts or public information can still be legally denied if the disclosure of such facts and information might "jeopardise the security of the State, public safety, or the interests of a person or persons who should be protected".

CDA member Surachai Liengboonlertchai failed to convince his peers that those forming unions and other organisations under Article 63 "should receive protection from threat and interference" and that the state should "strengthen" such bodies.

In a positive move, Article 58 of the draft charter, which guarantees that a person shall have the right to lodge a complaint and get a response "within a reasonable time", has been made more concrete and the wordings "within a reasonable time" were replaced with "quickly".

Article 60 guaranteed that a body independent from the state but supported by the state shall be instituted to protect consumers.

On the issue of community rights, pro-business groups tried but failed to make it harder for communities to exercise their rights over their land and natural resources.

Source: The Nation - 16 June 2007

[Mid]

and for the issue of appointed officials , as opposed to elected representatives ??

rhetorical .........

[Jai Dee]

CDA Chairman affirms the drafting of the new Constitution is under democratic principles

Chairman of the Constitution Drafting Assembly (CDA), Squadron Leader Prasong Sunsiri (ประสงค์ สุ่นศิริ) affirms that the drafting of the new Constitution is under democratic principles.

CDA Chairman confirms people have been encouraged to take part in drafting the Constitution. As for the monk rally in front of the Parliament, he says he is not worried as the drafting of the new Constitution is set on the right track. He, however, has urged senior monks to consider the appropriateness of the monk rally.

Meanwhile, the media has been instructed to publicize constructive news.

Source: Thai National News Bureau Public Relations Department - 18 June 2007

[Mid]

Meanwhile, the media has been instructed to publicize constructive news.

and I'm sure they will be happy to do so ,

once you provide same ................

[Jai Dee]

CDC Chairman is ready to explain the amendment regarding the declaration of Buddhism as the national religion

Constitution Drafting Committee (CDC) Chairman Prasong Soonsiri says he is ready to clarify the amendment regarding the declaration of Buddhism as the national religion in the new charter.

Many sides have observed that the CDC has continually postponed the consideration on this amendment because the drafters many want to draw in more supporters and also want people to sympathize them. However, the CDC Chairman has dismissed such view while reiterating that he will clarify this issue by himself.

As for the monks who accuse the CDC for causing the monks who were on a hunger strike to pass away, CDC Chairman Prasong counters that the CDC has never supported such protest.

Source: Thai National News Bureau Public Relations Department - 19 June 2007

[Jai Dee]

CDA Chairman disagrees with rapid deliberation of CDR 15th Announcement

The Chairman of the Constitution Drafting Assembly (CDA), Squadron Leader Prasong Soonsiri, disagrees with the National Legislative Assembly (NLA)'s proposal for a rapid process to revoke the Council for Democratic Reform (CDR)'s 15th Announcement.

The CDA Chairman reports on an upcoming NLA meeting tomorrow (Jun 20) in which the NLA will be considering the drafting of a constitutional amendment for the CDR's 15th Announcement, which forbids political activities from being conducting in times of national security situations. Sqn. Ldr. Prasong disagrees with the NLA's proposal that the 15th Announcement should be discussed over three straight terms, due to the importance of the issue. He instead calls for a committee to be established to carefully deliberate the 15th Announcement.

The CDA Chairman adds that members of political parties who have had their political rights revoked for five years by the Constitutional Court may be allowed a reprieve in the future if all parties are in agreement.

Source: Thai National News Bureau Public Relations Department - 19 June 2007

[Mid]

The CDA Chairman adds that members of political parties who have had their political rights revoked for five years by the Constitutional Court may be allowed a reprieve in the future if all parties are in agreement.

make 'em up as you go along .......

sad

[Jai Dee]

CDA 'green light' for privatisations

The Constitution Drafting Assembly (CDA) gave the green light for future privatisation of state enterprises yesterday and insisted a free-market economy would continue to be adhered to.

No CDA member spoke against the policy of privatisation of public utilities. And a call by a minority group of the Constitution Drafting Committee to have Parliament give the final approval for future privatisation was rejected.

Charter drafter Choochai Suphawongse urged the assembly to put into Article 83 (11) that it was imperative that the Parliament - whose members are chosen by the people - should have oversight and be the final decision-maker on such issues.

"I can't accept it if the process lacks parliamentary approval or a transparent public hearing process," Choochai told his peers. "The last administration divided the state's assets in a most shameful way, so what guarantee do we have that the Thaksin Shinawatra order will not return, albeit under a different name? Public properties are now in your hands and I believe you are all public minded and will protect it for your children and grandchildren."

Speaking on behalf of the drafting committee, secretary of the committee Somkid Lertpaitoon warned: "No signal should be sent that privatisation is prohibited."

The article prohibits basic public utilities from becoming a private monopoly to the detriment of the state.

To the surprise of some CDA members, Choochai failed to call for a vote to decide the matter of whether parliamentary approval was needed or not, and so the draft remained the same and permits future privatisation by the executive branch without the approval of the House of Representatives.

Another big issue discussed yesterday was a failed attempt by some CDA members to have the word "free [market] economy" removed from Article 83 (1). A compromise was struck with the addition of the word "just".

The state shall therefore "promote and encourage a free and just economy, relying on market mechanism, and to encourage sustainable economic development by abolishing and refraining from unnecessary rules and regulations on businesses unless economic necessity dictates otherwise."

Pisit Lee-artham, speaking on behalf of the drafting committee defended the principle of a free market economy said that removing the words would send a wrong signal to the world.

"The issue is important for investment directions and future trade," he said, adding the current state of the Thai economy was worse than the Philippines, Vietnam and Indonesia due to the coup d'etat and the freezing of Thaksin's bank accounts.

"This year is really bad for the economy as a result of political uncertainty," he said.

CDA member Chirmsak Pinthong supported the retention of the words although some CDA members said the principle was contradictory to Article 82, approved on Monday evening, which stated that: "The State shall promote and encourage implementation of the philosophy of Sufficiency Economy."

The assembly also approved the inclusion under Article 83 (9) that the state shall support the forming of a farmers' council.

However, CDA member Chirmsak warned that such a council may be distorted and manipulated by big agro-businesses and some bureaucrats if they collude with big businesses to the detriment of small-scale farmers.

Fierce debate took place on whether under the same Article 83 - which contains a dozen sub-articles - should guarantee "equitable" wages to people of the same profession and experience in various areas of the Kingdom or not.

Those opposing it say the word "fair" wage in Article 83 (8) is good enough, however, the state cannot control varying fringe benefits and even the salary offered by the private sector. The motion was dropped eventually and the word "fair" remains.

CDA member Pichian Amnaj-voraprasert complained to the assembly that he wasn't given the time to discuss words "missing" from the first draft that touch upon the issue of labour standards and job security.

He was not permitted to speak further, however.

Source: The Nation - 20 June 2007