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Former CDC chairman suggests new Constitutional should go in line with democratic principles

Former chairman of the Constitutional draft council suggested the new draft be in accord with the democracy principle and the people's needs.

Mr.Uthai Pinjaichon (อุทัย พิมพ์ใจชน), the former CDC chairman, delivered a speech at the King Pradjadhipok Institue, saying that the new constitution should stick to democratic means and afford people participation. Mr.Uthai also encourged the CDC to focus on the responsibilities, instead of fearing that the new draft may be suspended in the process of public opinion.

Mr.Uthai also expressed agreement that the House of Representatives belonging to political parties be selected within 90 days.

Source: Thai National News Bureau Public Relations Department - 12 February 2007

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CDC chairman : completion of new Constitutional draft may not be completed in time

Chairman of the Constitutional draft council (CDC) agrees that he constitution drafting should be expedited but admitted that it is likely impossible that the drafting of the new constitution be completed in time.

Associate Prof. Noraniti Sethabutr (นรนิติ เศรษฐบุตร), the CDC chairman, spoke of the process of arranging the new Constitutional draft. He said the CDC did not rewrite the edition of 1997 draft, but did some corrections to prevent potential political problems in the future. The CDC chairman also insisted he did not intend to destroy political parties and that the conclusion of the new Constitutional draft is based on people opinion.

Associate Prof. Noraniti also said the CDC is doing its utmost to complete the new draft therefore an election in November could take place. However, he admitted the time is limilted and unlikely to achieve the goal.

Source: Thai National News Bureau Public Relations Department - 12 February 2007

Posted

Prachakorn Thai Party submits suggestions on charter drafting to CDA

Prachakorn Thai Party Lerder Sumit Sundaravej (สุมิตร สุนทรเวช) submitted the party’s suggestions on the new charter to Chairman of the Constitution Drafting Assembly (CDA), Noraniti Sethabutr (นรนิติ เศรษฐบุตร).

The party suggests that the new charter should stick to the 1997 Constitution. The other suggestions include a reduction of the party-list members of parliament to prevent small parties from losing advantage to big parties. It also calls for a reduction of a 90 day-party membership period of MP candidates to 60 days before a general election, the same amount of senates, and a smaller number of MPs for a no-confidence debate against the prime minister. In addition, it requests a set up of provincial election registration centers in all provinces.

Meanwhile, the CDA chairman said that he will forward suggestions on the new charter submitted by all political parties to the Constitution Drafting Committee (CDC). He also encouraged all parties to actively participate in the charter drafting process and inform the general public of it.

Source: Thai National News Bureau Public Relations Department - 12 February 2007

Posted (edited)
Prachakorn Thai Party submits suggestions on charter drafting to CDA

Prachakorn Thai Party Lerder Sumit Sundaravej submitted the party’s suggestions on the new charter to Chairman of the Constitution Drafting Assembly (CDA), Noraniti Sethabutr.

Now there's a name we can all know and trust.

Sumit is the younger brother of former Prachakorn Thai leader and ex-Bangkok Governor Samak Sundaravej.

- TV5 News

:D

The other suggestions calls for a reduction of a 90 day-party membership period of MP candidates to 60 days before a general election

wonder if that is related to events earlier this year:

"The Election Commission is too strict on candidacy qualifications," Prachakorn Thai Party leader Sumit Sundaravej complained. At the rate it was losing candidates it had no hope of becoming an effective opposition, he said. As of yesterday, the commission had disqualified 81 candidates of 140 under the party's banner in Bangkok. Sumit said 10 of his party's candidates upcountry also were on the verge of being removed.

The commission said most of those disqualified failed to meet the 90-day rule for party affiliation.

- The Nation / March 15, 2006

:o

Edited by sriracha john
Posted

39/44 parties to join EC meeting on public hearing

Election commissioner Sodsri Sattayatham disclosed that 39 out of 44 political parties have accepted the invitation to join the meeting between the political party administrators on February 14th.

The meeting will inform the participants of the activities of political parties under the constitutional law. The Election Commission will also give details about the political parties’ development fund and the alteration of the politicians’ database. The meeting will also allow the participants to give opinions on the constitutional draft, and their suggestions will be proposed to the Constitution Drafting Committee.

In addition, Mrs. Sodsri said the Election Commission will host a debate on the first public hearing in Prince Palace Hotel. During the morning session, people will acknowledge the overall framework and the information relating to the public hearings in foreign countries.

In the afternoon, a debate will be held for people to discuss the process of the public hearing in Thailand.

Academic and former senator Jermsak Pinthong, Democrat Party leader Abhisit Vejjajiva, Thai Rak Thai Party deputy leader Pongthep Thepkanjana, Palang Pan Din Thai Party leader Likhit Dhiravegin, and Chart Thai Party deputy leader Somsak Prisanananthakul will join the session.

Source: Thai National News Bureau Public Relations Department - 12 February 2007

Posted

Education Minister calls for variety of education in new charter

The Education Minister indicates that the new constitution should introduce diversity in education, while Advisor to the Office of the Education Council suggests that it should guarantee universal access to education for Thai people.

Today (February, 13), Education Minister Wichit Srisa-arn (วิจิตร ศรีสอ้าน) and Deputy Education Minister Warakorn Samkoset (วรากรณ์ สามโกเศศ) presided over an opening ceremony of the third seminar under the topic of “Thai Education and New Constitution”, held at Siam City Hotel. Dr.Wichit said during the seminar that the new charter should introduce various forms of education, including an alternative form.

Meanwhile, Advisor to the office of the Education Council, Rung Kaewdang (รุ่ง แก้วแดง) added that the new charter should cover issues concerning life-long learning, informal education, as well as formal and non-formal education.

However, he expressed his opinion that the new charter should not imitate the 1997 Constitution as societal context of Thai education has changed since.

Source: Thai National News Bureau Public Relations Department - 13 Febuary 2007

Posted

Former Opposition discussed constitution drafting

Former opposition parties today discussed the constitution drafting, while affirming that the discussion is not aimed to send a political message to the government.

The former Opposition parties consist of the Democrat, Chart Thai, and Mahachon parties. Representatives of the three parties attending the discussion include Abhisit Vejjajiva (อภิสิทธิ์ เวชชาชีวะ), Ong-art Klampaiboon (องอาจ คล้ามไพบูลย์), and Thaworn Sennium (ถาวร เสนเนียม) from the Democrat. The Chat Thai Party was represented by Banharn Silapa-Archa (บรรหาร ศิลปอาชา) and Nikorn Chamnong (นิกร จำนง), while the Mahachon Party was represented by Maj.Gen Sanan Kachornprasat (สนั่น ขจรประศาสน์) and Aukkapol Sorasuchat (อรรคพล สรสุชาติ).

Nikorn Chamnong, the deputy leader of Chart Thai, affirmed that the discussion focused on the new charter. The three parties agreed that the it should stick to the 1997 Constitution. He said they will talk about each party’s stance on the new charter later.

Source: Thai National News Bureau Public Relations Department - 13 Febuary 2007

Posted

Monks, supporters urge charter drafters to name Buddhism national religion

A group of Buddhist monks and supporters rallied in front of Parliament Tuesday to demand charter drafters to state that Buddhism is the national religion.

The group of 100 demonstrators is led by Phra Mahacho Thassaniyo of Maha Chulalongkorn Monks University.

The monk said so far over 300,000 Buddhists had signed their name to demand that the next charter would specify Buddhism as the national religion.

He said if the number of signatories would grow over 1 million and he would later submit the names to the Constitution Drafting Committee.

He said if the call was ignored, Buddhists would definitely reject the draft constitution in a public referendum.

Source: The Nation - 13 February 2007

Posted

Three former opposition parties discuss constitution drafting

The leaders of three former opposition parties, namely Democrat Party, Chart Thai Party and Mahachon Party, yesterday had lunch together and discussed the constitution drafting, insisting that this is not the way to show their political power.

Democrat Party Leader Abhisit Vejjajiva (อภิสิทธิ์ เวชชาชีวะ) accompanied by the Party Deputy Leader Thavorn Senniem (ถาวร เสนเนียม) and the Party Spokesperson Ong_art Klampaiboon (องอาจ คล้ามไพบูลย์) joined lunch with Chart Thai Party Leader Banharn Silpa_archa (บรรหาร ศิลปอาชา), the Party Deputy Leader Nikorn Chamnong (นิกร จำนงค์), Mahachon Party Leader Sanan Khachornprasart (สนั่น ขจรประศาสน์) and the Party Deputy Leader Akkhapol Sorasuchart (อรรคพล สรสุชาติ) at Chorn Ngern Charn Thong (ช้อนเงินช้อนทอง) Restaurant today (Feb 13th).

During the luncheon, they discussed the drafting of new constitution and agreed that the Constitution Drafting Assembly (CDA) should focus on the 1997 Constitution. However, any articles under the 1997 Constitution that should be amended would depend on the parties’ stances, according to Mr. Nikorn Chamnong.

Moreover, they criticized problems occurring in Suvarnabhumi Airport, particularly the cracks on taxiways and runways.

Mr. Nikorn, nevertheless, added that the meeting was not meant to demonstrate political power as other groups.

Source: Thai National News Bureau Public Relations Department - 14 Febuary 2007

Posted

CNS Chairman affirms that he will not revoke the 27th CNS announcement

The Council for National Security (CNS) Chairman, General Sonthi Boonyaratglin (สนธิ บุญรัตกลิน), has affirmed that he will not revoke the 27th CNS announcement to prohibit all political movements.

Gen. Sonthi said that the announcement is still needed at the current political and social situation. He said that political parties can cooperate to CNS, if they want to hold such political activity. As for drafting new Constitution, he said that the parties that want to take part in the matter, is expected to cooperate with the Constitution Drafting Assembly (CDA).

Gen. Sonthi said that he is ready to discuss political movements with politicians, saying that he is not worried that the discussion will affect the political matters.

Source: Thai National News Bureau Public Relations Department - 14 Febuary 2007

Posted

EC seeks advices from foreign experts on public hearing

The Election Commission (EC) held a videoconference meeting with an American expert on public hearing to ask him advices on the voting method of the public hearing on the new constitution.

EC Chairman Aphichart Sukhakkhanon (อภิชาต สุขัคคานนท์) and EC Secretary Sutthipol Thaweechaikarn (สุทธิพล ทวีชัยการ) attended the videoconference meeting with Dan Water, the American public hearing expert, at the United States of America Embassy in Thailand.

Mr Dan said that transparency in the most important factor in a public hearing and the ballots should be designed by representatives of the EC, government, and general public. In addition, he suggested that the question in the ballots should convey clear meaning and easy to understand. The answer should be only “yes” or “no.”

Mr Dan also suggested that the EC should inform people of public hearing methods by cooperating with non-government organizations (NGOs). It is necessary for the EC to have the exact amount of voters and announce punishments for violations to the public hearing, he added.

Meanwhile, the EC chairman said that EC will work with political parties to persuade voters to exercise their right to vote. As for the amount of voters, the chairman said EC has yet decided on the matter but affirmed that whether the new charter will be enacted depends on opinions of the majority of voters.

Source: Thai National News Bureau Public Relations Department - 14 Febuary 2007

Posted

CDA Chairman expresses his concern on public hearing process

Chairman of the Constitution Drafting Assembly (CDA), Noraniti Sethabutr (นรนิติ เศรษฐบุตร) has expressed his concern that the drafting of the new Constitution might not be approved by the public.

Following the movements of Public Force to request for some details to be added in the new Constitution, Mr. Noraniti said that CDA is willing to open its ears to all. At the same time, he has expressed his concern over monks' threat to rally in public if Buddhism is not encrypted in the new Constitution as a national religion. Earlier they had requested Mr. Thongtong Chanthrangsu (ธงทอง จันทรางศุ), the Constitution Drafting Council (CDC) spokesman, to resign from his post after he had objected to claiming Buddhism as the national religion

According to Chart Thai Party Leader Banharn Silpa_archa (บรรหาร ศิลปอาชา), he remarked that queries for public hearing must be clear-cut and easy to understand. Meanwhile, he suggested the government to encourage people to see the importance on exercising their votes.

Source: Thai National News Bureau Public Relations Department - 14 Febuary 2007

Posted

Ah ah ah. They start to worry...

They start to understand that at with referendum... people can vote yes. Or no.

That's very unfortunate.

I'm still wondering how the 15 millions of votes for TRT/Thaksin (in last general elections, one year ago) could, by magic, become 15 millions of yes votes...

Furthermore, I don't understand why the PR agency continue to use the expression "public hearing"... rather than referendum.

Probably, a difference of... philosophy : with a referendum people vote (choose). "Public hearing" well... I guess someone would "listen". :o

CDA Chairman expresses his concern on public hearing process
Posted (edited)
Monks, supporters urge charter drafters to name Buddhism national religion

A group of Buddhist monks and supporters rallied in front of Parliament Tuesday to demand charter drafters to state that Buddhism is the national religion.

The group of 100 demonstrators is led by Phra Mahacho Thassaniyo of Maha Chulalongkorn Monks University.

The monk said so far over 300,000 Buddhists had signed their name to demand that the next charter would specify Buddhism as the national religion.

He said if the number of signatories would grow over 1 million and he would later submit the names to the Constitution Drafting Committee.

He said if the call was ignored, Buddhists would definitely reject the draft constitution in a public referendum.

Source: The Nation - 13 February 2007

It's just one shitty idea after the other here. I love the Thais, but what is it in this society/culture that allows for a constant stream of outrageously stupid ideas to be proffered. seemingly everyday. Is it the education system? Is it greed? Delusion? A need to maintaing a stratified society? Everytime I think I'm getting a handle on it, they do smething even more stupid. Do they even know having a national religion foisted on the citzenry goes against the teaching of Buddhism? Amazing!

edit: what i mean to say is, I think these people are really trying to do what they feel is best for the Country, and that's particularly scary.

Edited by lannarebirth
Posted
Former CDC chairman suggests new Constitutional should go in line with democratic principles

It should go without saying, shouldn't it? Or are there people up there suggesting democratic principles are optional???

Posted

Senate debate could make or mar charter

Rival political forces may use divide over role of upper house and the selection process to rally public against new constitution

The future of the Senate may prove to be a most contentious issue that could make or break the constitution draft.

Die-hard supporters of the Thai Rak Thai Party and anti-coup activists are gearing up to incite public opposition to the draft on grounds that an appointed Senate is a setback for democratic rule.

They plan to cast doubt on the senatorial appointment process as an avenue for coup leaders to pull strings after the general election and beyond.

Some opinion-makers from academia have voiced concern at the possible domination of the Senate by the bureaucracy, reminiscent of the half-baked democracy in the 1980s.

The debate on the Senate revamp might degenerate into an emotional spat if concerned parties harbour grudges instead of trying to make an informed decision on the charter rewrite.

Since embracing democratic rule in 1932, Thailand has adopted the parliamentary system. The core of the Thai Parliament has been the bicameral legislation, comprising two chambers, modelled on the United Kingdom's Westminster system.

Even though the political system has evolved through the times to incorporate features from the European parliamentary system, notably from France and Germany, the heart of Parliament always comprises the House, the Senate and the Monarchy.

Before the promulgation of the 1997 Constitution, the Senate was an appointed body - the Thai version of UK's House of Lords.

Unlike the Westminster system where the rise of the House of Commons representing popular votes forced the House of Lords - or hereditary peerage - to take a backseat, the early days of Thai democratic rule saw the Senate dominating the House.

This happened because political parties were then weak and in the formative stage.

The appointed Senate represented the ruling class, comprising those from the People's Party responsible for the peaceful transition from the absolute monarchy.

For more than three decades after the introduction of popular democracy, political parties remained a foreign concept to rural voters and the leading military and civilian figures exploited partisanship to fight their proxy war for power.

Democracy advocates saw the domination of the ruling elite to have crippled the development of political parties and lamented about the illusory popular democracy plagued by money politics.

The 1992 Bloody May uprising triggered the outpourings of support to push forward the popular democracy. This in turn paved the way for the framing of the people's charter heralded for incorporating the best democratic features from various models around the world.

During the 1996 drafting process, it so happened that public sentiment somehow associated elections as the only acceptable means to secure office. Many leading figures called for the abolition of the appointed Senate.

Some even suggested that Parliament consist of the House alone.

In a compromise, the 1997 Constitution prescribed for the first-ever elected Senate. It also devised the new electoral system banning senatorial candidates from campaigning and having any party affiliation.

Thailand was the first and only country under the Westminster system to have an elected but non-partisan Senate by direct voting. However, two senatorial elections proved the new system impractical to implement.

The House of Lords is always an appointed body (at least for now). Australia and New Zealand allow partisanship via proportionate voting. Malaysia has opted for a hybrid system - setting quotas for appointed senators and for those indirectly elected by the states.

In one of the key guidelines laid out by the 35-member Constitution Drafting Committee, the Charan Pakdithanakul subcommittee has decided to revert back to the appointed Senate.

The subcommittee is in the process of soliciting opinions on how to allocate the senatorial seats. Charan has circulated an idea that various professional groups should be involved to nominate candidates, hence giving a semblance of indirect vote.

The idea of involving professional groups is meant to avoid a repeat of giving the government a free rein to handpick and dominate the Senate.

It is still too early in the drafting process to predict the final format to appoint senators.

It is one thing to debate the pros and cons of the new direction for the Senate, but it would be misleading to mount a blanket attack of the appointed Senate as undemocratic.

Under the parliamentary system, the role of the upper chamber is designed for checks and balances to prevent abuse by the majority. Senators are supposed to ensure the common good rather than be involved in a popularity contest.

Source: The Nation - 15 February 2007

Posted

Multiple-MP system opposed

The leaders of three major parties voiced their opposition to the constitution drafters' proposal of multiple-MP constituency elections, saying it would destroy the political party system.

Chat Thai Party leader Banharn Silapa-archa and Democrat and Mahachon counterparts Abhisit Vejjajiva and Sanan Kachornprasart met yesterday for a working lunch to discuss the new charter ahead of today's conference with the Election Commission.

The multiple-MP system is similar to the upper-house elections under the defunct 1997 Constitution, which Abhisit considers does not support the party system.

"If we turn to using the multiple-MP system, local people won't know who they are selecting and may be confused. I think the system will make more trouble for the election," he said.

Abhisit called on the Council Drafting Assembly (CDA) to consider a single-MP election.

He said the three leaders also discussed the ban on political party activity - under the 30th announcement of the junta - and the financial support for political parties, so that they can discuss them with the Election Commission.

"If it is possible, we want the Council for National Security to cancel the announcement to allow parties to hold activities that relate to academic matters," the Democrat leader said.

Meanwhile, Sanan said the three leaders had not met since the coup, so the meeting was held to discuss what they can do in the future - and what issues they want to propose to the CDA.

He disputed an allegation that politicians were opposed to several proposals because they wanted to protect their interests.

Banharn agreed with the two leaders about the multiple-MP constituency, adding that the drafters were not political players like politicians, therefore the CDA should listen to their opinions over some issues in the draft. However, any suggestion will be made in the name of each party, he said.

The three leaders spent about an hour at Chon Ngoen Chon Thong restaurant.

Source: The Nation - 15 February 2007

Posted

EC chairman believes 15th and 27th announcements of CDR will be eased

The chairman of the Election Commission of Thailand (EC), Mr. Apichart Sukhagganond said there is a possibility for the government to ease the Council for Democratic Reform’s 15th and 27th announcements, to facilitate parties in organizing political activities such as the arrangement of the public hearing on the constitutional draft.

Mr. Apichart met with the representatives from 41 parties yesterday (Feb 14) and said most of them would like both announcements to be withdrawn so they could organize political activities legally. He said the EC will be a represent who would send this proposal to the Council for National Security (CNS) and the government next week.

Even though CNS chairman Sonthi Boonyaratglin earlier said the 15th and 27th announcements shall not be revoked soon, Mr. Apichart believes that the regulations will be made easier for political parties.

The EC will have a meeting this afternoon to discuss the proposal on the CDR’s announcements. The EC is acting as an intermediary by gathering the ideas and suggestions on the charter draft from political parties and send them to the Constitution Drafting Committee (CDC).

Source: Thai National News Bureau Public Relations Department - 15 Febuary 2007

Posted

Democrat Party to ask permission to take part in drafting new Constitution

Democrat Party Secretary-General Suthep Thuagsuban (สุเทพ เทือกสุบรรณ) has indicated that Democrat Party will seek permission from Chairman of the Council for National Security (CNS) to hold a brainstorming session concerning the new Constitution.

In response to CNS Chairman Gen. Sonthi Boonyaratglin (สนธิ บุญรัตกลิน)’ refusal to withdraw the 15th and 27th CNS announcements, Mr. Suthep said that the Democrat Party would like to take part in drafting new Constitution. He further said that the party will submit a letter to ask for permission from CNS Chairman so the party can hold a public seminar to hear people’s views about the new Constitution.

Mr. Suthep said that he will discuss the matter with the party leader today on the matter.

Source: Thai National News Bureau Public Relations Department - 15 Febuary 2007

Posted

EC to ask CNS for political party to organize political movements

The Election Commission (EC) will ask for the Council for National Security's approval for political parties to organize political activities.

Mr. Apichart Sukhakkhanon, the EC chairman, said the CNS has allowed his commission to work independently. Recently, all party leaders had a meeting and would like the EC to ask the CNS to allow their parties to conduct political activities as early as next week.

The EC chairman also said the CNS and the government will jointly make a decision whether they will such request.

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

Posted

People in Phitsanulok to give ideas on charter draft

People in Phitsanulok can contribute their ideas on the charter draft at different seminars in the province, starting February 22nd onwards.

Mr. Yossiri Sriyaraj, the vice chairman of the committee responsible for gathering public ideas of Phitsanulok province, held a meeting at the Conference Hall of Pibulsongkram Rajabhat University yesterday (Feb 16). The purpose of this meeting was to select committee members to organize the seminars for public members to voice their thoughts on the constitutional draft. Their ideas will be gathered and submitted to the Constitutional Drafting Assembly (CDA) for further consideration.

The first seminar will be held on February 22nd in Muang district of Phitsanulok province. Later on, the seminars will be held on March 6th, 7th, 13th, 14th, 20th, 21st, 27th and 28th in different districts of the province.

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

Posted
Why would a general be incharge of writing a constitution? Oops, nevermind....

You don't suppose they are trying to take a page out of history and follow the plan for drafting the Japanese Constitution after the big war do you? From what the History channel tells us MacArthur directed his staff to get it done and they finished in one week. Looks to me like whatever they did was pretty good foundation for the future since I haven't heard of many constitutional crisis' in Japan.

Would be interesting to see one or more of the committee grab that concept and get it over with in a week or two, and maybe a General in charge can do the same as was done in Japan years ago.

Wouldn't that be refreshing....

Posted
Why would a general be incharge of writing a constitution? Oops, nevermind....

You don't suppose they are trying to take a page out of history and follow the plan for drafting the Japanese Constitution after the big war do you? From what the History channel tells us MacArthur directed his staff to get it done and they finished in one week. Looks to me like whatever they did was pretty good foundation for the future since I haven't heard of many constitutional crisis' in Japan.

Would be interesting to see one or more of the committee grab that concept and get it over with in a week or two, and maybe a General in charge can do the same as was done in Japan years ago.

Wouldn't that be refreshing....

The big difference is that there was plenty of international oversight in drafting Japan's constitution and a lot of experts in law from both Japan and the allied side were called in to write it.

In Thailand's case the Thai military are actually the ones who are drafting it or at least their hand selected people are. This means that there will be inherent biases written into it that favors the existing military. The whole thing is flawed without the public involved or international oversight.

Posted

Constitution Drafting Subcomittee informs the progress to CDA

The three Chairmans of Constitution Drafting Subcommittee have informed the progress to the Constitution Drafting Assembly (CDA).

The CDA meeting today is to consider the progress on drafting new Constitution, informing that the drafting has been divided in three main issues. The three frameworks on drafting new Constitution are the rights and liberties of participation, decentralization, and election.

Over the past five years, the abuse of power, namely CEO Governors; these issues have been raised, and independent organizations and the media have been interfered. In addition, the public rights have been neglected. Mr. Chuchai Suphawong (ชูชัย ศุภวงศ์), the Chairman of Constitution Drafting Subcommittee on rights and liberties of participation said that new Constitution will return rights to people and agencies.

According to Chairman of the Subcommittee on election, Charan Phakdithankul (จรัญ ภักดีธนากุล), he said that he has informed the meeting on processes of election.

At the same time, Mr. Vicha Mahakun (วิชา มหาคุณ), the Chairman of the decentralization, said that independent organizations have been requested to stay impartial, while proposing to reduce the number of committee responsible for recruiting members of the independent organizations. Matters related to the organizations, including the scrutinizing, have been requested for more concrete detail.

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

Posted

Compromise on charter provisions

Features from past charters will be incorporated into the new constitution following a compromise reached yesterday by the Constitution Drafting Assembly (CDA) - after heated debate on whether their work should be modelled exclusively on the 1997 Constitution.

Although many CDA members wanted the 35-member Constitution Drafting Committee (CDC) to focus just on rectifying flaws in the suspended people's charter, they eventually backed down for the sake of advancing the drafting process.

The yesterday's debate was prompted by a motion filed by CDA member Watchara Hongprapat.

In launching the debate, Watchara voiced concern that the CDC had strayed on the new constitution blueprint and failed to adequately factor in the people's aspirations.

"Judging from interviews by CDC members, the people have been led to believe that the charter rewrite has been complete even before they have a chance to voice their opinions," he said.

He went on to attack the CDC for veering off course even though the Interim Constitution prescribed for the 1997 Constitution as the basis for charter rewrite.

Echoing Watchara, CDA member Chirmsak Pinthong said he too suspected the CDC had tried to skirt around the "People's Charter" rather than use it as model.

"The charter drafting would be much a simpler task if one of the past charters was picked as model and it is not too late to do so," Chirmsak said.

A weak point of the suspended charter was the rise of a powerful government at the expense of people's power and the CDC should concentrate on strengthening the people's involvement in politics, he said. Instead of doing this, the CDC was focusing on giving more power to the judiciary and not the people, Chirmsak said.

In his rebuttal, CDC chairman Prasong Soonsiri said the CDA should allow his committee some leeway to do its job.

"After completing the draft, the CDC will be obliged to explain new features in comparison to provisions of the 1997 Constitution, hence everyone can pass judgement on the draft then rather than pick a model now," Prasong said.

He also dismissed suspicion that his committee had shunned public participation. None of the 35 charter writers had finalised draft provisions and they were still open to suggestions, he said.

Under to the drafting timetable, the CDC is expected to launch a sequestered session on March 5-10 to complete the first draft.

CDC member Charan Phakdithanakul said the CDA might have been overly concerned about the direction of the charter drafting process although no draft provisions had been finalised.

Charan's colleague Sriracha Charoenpanit said the constitution draft should strive to improve on the political system without confining itself to a particular model.

In closing the debate, CDA deputy chair Seri Suwanpanont said he would leave it up to the CDC to decide how to revise provisions from the "People's Charter". He ruled out the demand for the CDC to adopt the 1997 Constitution as the only model for the new charter.

Source: The Nation - 20 February 2007

Posted

CDC limits future PMs to two terms

Members concerned to clip the wings of 'a deposed strongman like Thaksin'

The next prime minister should not stay in power for more than two consecutive terms, a subcommittee of the Constitution Drafting Committee (CDC) concluded yesterday.

The panel chaired by Charan Phakdithanakul agreed the new charter should not allow a politician to run the country longer than two four-year terms.

If the Lower House is dissolved, it will still be counted as one term.

Panel member Praphan Naikowit, also an election commissioner, said the new rule would indirectly make the PM have second thoughts if he wanted to dissolve the House in a bid to escape censure debates or a political crisis undermining his power.

The panel had considered the issue for weeks. A number of the drafting members were concerned that a strongman like deposed premier Thaksin Shinawatra would return to "haunt" Thailand's politics since his popularity among rural voters and his clout had not seemed to have faded.

The new charter should have immunity to protect the possibility of history repeating itself, it noted.

Meanwhile, the panel agreed that party-list MPs should be cut from the electoral system as it had been exploited by former ruling parties to pay back their key financial backers with the seats.

As the House under the new charter would consist of only 400 constituent MPs, the panel wants the PM to be more easily censured than under the defunct 1997 charter, which required 200 of 500 MPs in support.

During the six years under the Thaksin administration, he was untouched by the opposition as his government controlled the House with more than 300 MPs.

The panel agreed with the proposal that only 100 of 400 House members should be enough to launch a censure debate on the PM, while 80 MPs will censure a Cabinet member.

In a bid to free political parties from groups of influential or wealthy figures, a person is required to declare his or her financial donation to a political party.

A person could give financial support to any party but it should not exceed Bt2 million each per year, the panel stated.

All proposals of the Charan panel will be submitted to the 35-member CDC for approval, which will then pass them to the Constitution Drafting Assembly in mid-April.

Source: The Nation - 20 February 2007

Posted

Dr. Chermsak is worried about drafting new Constitution

Chief of Standing Committee for public participation and public hearing of the Constitution Drafting Assembly has expressed concern over the majority of people of not understanding the drafting of the new Constitution, especially the withdrawal of the House of Representatives and the Senators.

Dr. Chermsak Pinthong (เจิมศักดิ์ ปิ่นทอง), the chief of standing committee, said that people have requested for the power in withdrawing the House of Representatives and the Senators. He personally views that the empowerment will contribute to the imbalance between judicial power and legislative power.

Dr. Chermsak said that people have cast doubts on whether their opinions about the Constitution will be taken seriously or not. He further added that at the end of the day, the government usually finalize their decisions on their own without considering on behalf of the majority of people.

Source: Thai National News Bureau Public Relations Department - 20 Febuary 2007

Posted
CDC limits future PMs to two terms

Members concerned to clip the wings of 'a deposed strongman like Thaksin'

The next prime minister should not stay in power for more than two consecutive terms, a subcommittee of the Constitution Drafting Committee (CDC) concluded yesterday.

Excellent. I hope this idea will really be written in the new constitution.

Posted

Taken from todays Bangkok Post

Convicted drafter told to quit

The Constitution Drafting Assembly (CDA) has pressed Thanabul Chiranuwat, one of 10 drafters on the Constitutional Drafting Committee (CDC), to give notice after he was convicted in a bounced cheque case and imprisoned for 40 months.

Thanabul, an international law expert, was sentenced to 40 months in prison by the Supreme Court on Feb 8, after being found guilty of writing bounced cheques. He is serving his time in Bangkok Special Prison.

Full story: http://www.bangkokpost.com/News/21Feb2007_news18.php

Posted

Political parties fear hidden agenda

New charter may lack legitimacy, but that won't stop them from contributing

Leaders of major political parties voiced doubt yesterday about the real intent for the junta-sponsored rewrite of the constitution and remain sceptical about the finished product and whether it would help solve political crises.

"The Constitution in itself can't solve the national crisis and any constitution which is non democratic will not only not solve the crisis but will create a new crisis," Democrat Party leader Abhisit Vejjajiva warned.

"Much correction and improvements need to be done to our political culture. At the moment, the bias of those in power against politicians is rather big," said Abhisit. He pointed to the current ban against activities by political parties, five months after the coup. "They should tell us what is so wrong with engaging in political activity."

Chart Thai Party Deputy leader Somsak Prisanananthakul, who joined the first ever symposium on the new constitution attended by heads of the major parties, went even further, saying the public would eventually look forward to yet another new constitution.

"There will surely be the drafting of yet another new constitution. The voices of the people will demand that," said Somsak. "I agree with Abhisit. The democratic principle must be upheld when drafting the charter; that is, it must belong to the people, be drafted by the people and be for the people. But this is impossible at present because it's being drafted under the coup climate.

"The 100-person Constitution Drafting Assembly are picked by the Council for National Security chief - so let's not talk about democratic spirit. The level of people's attachment is also zero."

Somsak warned the junta that Thais and the world community would not be fooled by the drafters and junta if the charter turned out to be a sham based on a preconceived blueprint by military chiefs.

"The international community will refuse to accept it too," he said. "Many people are now closely watching the transfer of power and some political groups such as Suwat Liptapanlop are being linked to junta leaders - though it may not be true."

Caretaker leader of the Thai Rak Thai Party, Chaturon Chaisaeng, expressed a similar view. He went further to allege that a hidden motive to limit or even destroy some political parties, may be the real raison d'etre of the new charter.

"They will try to make sure that the future prime minister will not have to come from members of parliament and will use the appointed Senate to control the fate of the prime minister," said Chaturon, at the forum organised by the Thammasat Association under Royal Patronage.

"This is like taking society back to a very backward and old problem," Chaturon said, adding that he expected more constitutions to be torn up in the future, including the one now being drafted, as long as people resort to force or violence to solve political crises.

"It won't change as long as we fail to create a new understanding in society that doesn't approve of tearing up the constitution whenever they dislike the political situation."

Chaturon warned of social unrest if this attitude wasn't altered. "Society doesn't really accept the constitution as the supreme law."

Likhit Theeravekin, leader of the new Phandin Thai Party, said that at best a good charter could only address 20 per cent of the current crisis, but the rest of the problems would be up to other factors. "I wonder if the charter will pass the referendum because it has lacked legitimacy from the beginning."

Despite their sharp criticism of the charter drafting process, different party executives took a more pragmatic turn to also address what they want to see included in the new constitution, even if some elements end up being temporary.

On whether to keep the party-list MP system or not, Abhisit said he was ambivalent and could accept it either way, as the system had both strengths and weaknesses.

Chaturon said he wanted the party-list system to continue, as there was a need to strengthen party policies and help promote voters to choose a party based on policy platforms.

The Democrat leader, meanwhile, backed an elected Senate, saying "there's nothing more legitimate than the election process".

The acting TRT leader agreed. "It's a conflict if you have a Senate that can impeach the prime minister but is not elected by the people. We can set new criteria, however. We shouldn't bar them from campaigning and they should be able to stay longer than one term."

Suwat Liptapanlop, leader a group of MPs called the National Reconciliation Front, said he backed a mixture of elected and appointed senators to assure that able people would man the upper house. "The election is not a guarantee and we must admit that political parties have supported Senate candidates before."

On the whether the number of MPs should be reduced or not, Abhisit said he could accept any decision as long as it could be justified.

Chaturon warned against adopting a one-man-one-vote system, saying it would lead toward a much weakened political party system. He also criticised any move towards freeing parliamentary candidates from belonging to a political party as very backward. He said two possible amendments could allow outsiders to manipulate representative democracy.

Suwat said candidates need not hold a university degree to run for the lower house although ministers should have it as minimum requirement. He also proposed that in the future, the so-called independent bodies should be elected.

The issue of establishing a political court to punish electoral offenders and politicians received support from Abhisit and Likhit.

Party leaders also voiced concern that "citizen politics" needed to be nurtured. Likhit proposed setting up a Council of Politics to systematically nurture grassroots democracy and political participation.

Somsak lamented that some 50 per cent of the Thai population still did not know what a constitution was - and had never read it in the past.

Source: The Nation - 21 February 2007

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