Constitution Drafting Assembly Appointed by Royal Decree

[slimdog]

Looks as though one writer actually looked at the interim constitution...

Draft charter faces almost certain rejection

The best course of action might be for the CDA to vote against it first, enabling CNS to propose its own

Thailand's proposed new constitution has zero chance of passing a national referendum in September, many political pundits believe.

Besides a campaign against a new charter by many groups, including the former ruling clique and groups opposed to the coup that ousted it, the draft constitution itself contains many contentious points that raise the possibility of it being rejected.

First, while the draft of the new charter states that senators will be appointed instead of directly elected as earlier, the Senate will still have as much power as under the previous 1997 Constitution.

An appointed Senate is being objected to by former senators and politicians who had planned to run for the Upper House.

Another controversial issue is the creation of a special committee to resolve political deadlock leading to a national crisis. The committee will comprise 11 members, including the prime minister, heads of various courts, the opposition leader and chairmen of the so-called independent organisations. Critics say the charter does not define what constitutes a "crisis" or the extent of the committee's powers.

The third factor that could derail the draft charter is the demand by Buddhist groups for the inclusion of a clause recognising Buddhism as the national religion. This issue has the potential to ignite further social conflict.

Both the Council for National Security (CNS) and the government recently indicated they would have no objection to inserting the clause. They seem to realise that the pressure on this particular issue could be too strong for them to ignore.

However, even if the Buddhist groups are granted their wish, there is no guarantee there will not be further demonstrations to press other issues. The CNS is unlikely to concede all protesters' demands.

It appears the road for the 2007 constitution to come into force is not going to be as smooth as silk.

If the draft charter were rejected in the referendum, the CNS could take it as a slap in the face. It could destroy the junta's credibility to choose and adapt one of the previous 17 constitutions for the country, while in the meantime there might also be a build-up of public pressure against the junta and its draft charter. Ultimately, the country could sink into chaos and out of control.

Instead, the junta should look for a way to avoid such a scenario. What would be the best solution for the CNS? Specifically, what would be the best time to propose its own charter so that it faced as little opposition as possible?

The current interim constitution describes three scenarios under which the CNS can choose any of the country's 17 previous constitutions and adjust it within 30 days before submitting it for royal endorsement. Those are if the draft charter is not completed within 180 days; if the Constitution Drafting Assembly (CDA) rejects the draft drawn up by the Constitution Drafting Committee (CDC); and if a public referendum goes against the draft.

Since there are already many protests against the draft charter, this is a good opportunity for the CNS to propose its own version instead of waiting to see whether the CDC's version is rejected in the referendum.

It is believed the CNS is already working on its alternative charter, with rumours that top legal experts known to be junta advisers are busy preparing it.

The CDA rejecting the CDC's draft before it is turned down in the referendum might be the best solution. It could avoid political conflict and turmoil and would not waste the approximately Bt3-billion cost of holding a national referendum.

The one condition is that the CNS's draft must be a "good one" that enables a general election to be held as soon as possible rather than one aimed at perpetuating the junta's power.

A return to democracy is the only way for the junta to step down with dignity.

Somroutai Sapsomboon

source: http://www.nationmultimedia.com/2007/04/27...cs_30032843.php

Edited April 27, 2007 by slimdog

[Jai Dee]

CNS to review draft charter and may propose changes: Sonthi

Gen Sonthi Boonyaratglin, chairman of the Council for National Security, said Friday that the CNS would hold a meeting to study the draft constitution soon.

He said the CNS would consider which points in the draft that should be improved.

He said the CNS would review all articles, not only the ones related to security issues.

Source: The Nation - 27 April 2007

[Jai Dee]

CNS to vet whole charter draft for 'improvement'

The Council for National Security (CNS) will study the pros and cons of the first draft of the constitution for possible revision, its chairman General Sonthi Boonyaratglin said yesterday.

"We will see if there are any recommendations we have for this draft," he said, adding that the council would look into matters other than security. "We will have to look into all the articles," he said.

The CNS is one of the 12 state organisations empowered by the 2006 Interim Constitution to study the first charter draft for feedback and possible review.

Sonthi predicted promulgation of a new constitution no later than October and the formation of a new government no later than early next year.

"If things go as expected, we will have a new constitution by September, or October at the latest. There will be a general election and a new government by the end of the year, or early next year at the latest," said the general.

Sonthi called for all sides to help in improving draft charter provisions in order to ensure the country's future, saying it is everyone's duty to restore political normalcy.

He also repeated the junta's stand to refrain from dominating the drafting process, saying he had no alternative draft to enact if the new constitution failed to pass the referendum.

"I can say for certain that the CNS has never interfered with the drafting of the new constitution," he said.

"Should the final draft be rejected, I really have no idea how to come up with an alternative draft in 30 days and, more importantly, there is no way to know whether the alternative would be better or worse than the rejected charter," he added.

Sonthi said everyone should carefully scrutinise the draft provisions and air criticisms via the 12 organisations in charge of vetting the first draft, including state universities and colleges.

He said the promulgation of the new constitution was the only way to overcome political turbulence.

In regard to the aspirations to be enshrined in the new constitution, he said the charter should contain provisions bracing the country for future challenges, as well as those designed to correct flaws that led to the September coup.

He said he was no expert on the constitutional law and would like to solicit views for the draft's revision.

"I believe the charter-drafters have been working under a lot of pressure and time constraints, and everyone should help them out instead of bearing grudges," he said.

Sonthi went on to say he had no objection if the new constitution enshrined Buddhism as the state religion, saying he would leave it for the relevant parties to decide on the issue.

He dismissed the allegation that the junta had pushed for a clause granting amnesty for the coup, saying the issue was misunderstood.

The 2006 Interim Constitution granted the legalisation of activities relating to the September seizure of power, and the new charter would continue to recognise this following the expiry of the interim provision, he said.

The issue is not about amnesty or an attempt to sanction future military intervention as alleged by critics, he said.

Source: The Nation - 28 April 2007

[Jai Dee]

EC worried about referendum

EC chair says there is a campaign to discredit vote but vows to do his best

The chairman of the Election Commission yesterday voiced concern about what he described as a campaign aimed at defeating the national referendum on a new constitution.

"I'm worried about the referendum as there is a movement to defeat it. They claim that if the referendum succeeds, there will not be an election," said Apichart Sukhagganond.

"But we'll do our best and move on with the campaign for the referendum," he said.

Apichart added that the EC was also worried people might not understand what the referendum was for and whether there would be enough enthusiasm for what would be Thailand's first referendum.

The agency is responsible for promoting and holding the referendum.

Television station executives yesterday told the EC that they would help publicise the referendum, but warned that advertisers had already bought air time.

Apichart said the commission was targeting a 70-per-cent voter turnout with the Bt1.5 billion that had been earmarked for raising public awareness about the draft charter and Thailand's first referendum.

The EC chairman said the public relations campaign was set to begin on June 1 and would intensify from August 1. Bt68 million will be spent on television, Bt15 million on radio and Bt41 million on newspaper advertisements, he told a meeting on how the PR plan would use broadcast media.

Representatives from free-to-air and cable stations said they would broadcast programmes to inform viewers about the referendum, but scheduling would be problematic because advertisers had already bought air time on free-to-air channels.

The EC might have to negotiate with station executives again if it wanted to buy air time because advertisers made bookings 45 days in advance, representatives from television stations said.

Apichart said he had urged the Constitution Drafting Assembly to fix the schedule and budget for the referendum so the EC could fix its own schedule.

It is all but confirmed that the referendum will be on September 2, he said.

Source: The Nation - 28 April 2007

[Jai Dee]

CNS Chairman affirms 2007 Constitution will not give the absolute power to the government administration

Army Commander in Chief Gen Sonthi Boonyaratkrin (สนธิ บุญยรัตกลิน) in the capacity of Council for National Security Chairman said in his speech of the seminar topic “Constitution and the Nation Development” that the future of the nation is in everybody’s hand since the process of constitution drafts, public hearings and the general election.

He pleads with member of the public to participation in the referendum on the constitution as mean to deliver the 2007 constitution on time. He insists the Council for National Security never interfere with the charter as well as never made a second draft or the blue print for the non-approval charter. CNS Chairman affirms the new constitution will not forward the absolute power to the administration authority.

However, Gen Sonthi indicates the constitution will be formalize by September or October at the latest as to organize for the general election by the beginning of the next year while the new government will take place.

Source: Thai National News Bureau Public Relations Department - 28 April 2007

[Jai Dee]

Phrae will hold a referendum about the constitution draft on May 2nd

Mr. Athikom Supanapong (อธิคม สุพรรณพงศ์), the Governor of Phrae province, in his capacity as chairman of the sub committee on public participation revealed that the public participation sub-committee of Phrae Province is organizing a seminar to gather public opinions concerning the 2nd constitution draft.

The seminar will be organized for nine times of every district in Phrae Province. The first second round of the public hearings scheduled on May 2nd during 09:00-12:00hrs. at Thri-Dhep (ตรีเทพ) Auditorium, Phrae Forest School, Muang Disrict, Prae Province. The seminar aims to gain public participation and their expression on the issues in the charter.

The public participation sub-committee of Phrae Province invites the government bodies, local administrations, private and religious organizations, as well as member of the public to join the seminar and express the ideas to the constitution drafts.

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

[Jai Dee]

People can still voice opinions on new charter

The Constitution Drafting Committee (CDC) still considers opinions on the new charter from the general public and politicians although the first constitution draft has already been submitted to the Constitution Drafting Assembly (CDA) for amendments.

CDC Member Praphan Naikowit (ประพันธ์ นัยโกวิท) says CDC encourages people to voice their opinions concerning the new charter via forums on the constitution drafting arranged by various organizations. According to Mr Praphan, issues which have attracted much public attention include the designation of Buddhism as national religion, qualifications of senator, and amnesty for the Council for National Security.

Mr Praphan affirms the new constitution’s organic laws necessary for the general election will be completed in time as promised by the prime minister.

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

[slimdog]

By the way did anyon notice if the elitist "you need a bachelors degree to be an MP" clause of the 1997 consty still exists in the proposed new one? I may have missed it in my read.

From todays Bangkok Post:

Groups set to reject new charter

Draft 'fails to promote people's participation'

Despite the strong criticism, some members of the representatives at the meeting said they felt satisfied with some issues in the draft charter.

They said they agreed with the scrapping of a requirement in the previous constitution that MPs must hold at least a bachelor degree.

source: http://www.bangkokpost.net/News/30Apr2007_news01.php

(Note floating url so liable to change)

[slimdog]

From People's Charter to Judges' Charter

Fear and loathing of elective democracy is the dominant theme of the new draft constitution.

Never again, the drafters hope, should real power be based upon the people's vote.

The reshaping of parliament is designed to produce fractious, corrupt politics that will condemn itself. The draft brings back the system of multi-member constituencies under which election candidates are in effect competing just as much against their own party colleagues as against their party opponents. Parties will be weakened. Elections will become more violent, with more deaths of canvassers caught in the increased complexity of local factionalism.

The 90-day rule is in effect abandoned. Wholesale merger of parties is banned, but the prelude to elections will revert to the old pattern of musical chairs and pre-election auctions of candidates with potential to win. To add to the fragmentation, the draft even explicitly absolves MPs from voting along party lines. The two-term limit for a prime minister will encourage corruption. Parliament will revert to the pattern of many small factions loosely aggregated into weak parties and constantly rearranged by money and opportunism into fragile coalition governments.

In the eye of the drafters, this does not matter because parliament does not really matter. One of the most striking features of the charter is the expansion in size and scope of the section on Directive Principles of Fundamental State Policies. If you think that title has a whiff of documents emerging from the supreme council of some totalitarian state, you might have the right idea. In the old constitution, these principles were brief and vague. Nobody honestly took much notice of them. In this draft, this section has expanded from one page to eight. The coverage extends across security, administration, religion, society, education, culture, law, judicial matters, foreign affairs, economy, land, natural resources, environment, science, intellectual property and labour. The government is obliged to ensure that its policy statement presented to parliament accords with these principles, and is obliged to make an annual report to parliament on its progress.

These principles are much more detailed than in the old charter. Take the economy as an example. In the 1997 charter, there was just one paragraph with little more than a list of topics. The new draft has twelve paragraphs. Some of these are again very broad and vague, such as promoting the sufficiency economy, upholding the free market, and ensuring fiscal and monetary discipline. But other paragraphs have specific measures that will require legislation and changes in administrative practice. The government must amend laws and regulations that put unnecessary controls on business; revise the tax system to be more equitable; create a system to provide for the aged; and amend laws on monopoly in order to provide for free and fair competition. Then there are further clauses that are not so specific yet still envisage major changes - distributing income more fairly; increasing opportunity; promoting the exploitation of local wisdom and Thai wisdom in the creation of products and services; delivering the highest returns to agriculture; ensuring the basic needs of consumers are not obstructed by monopoly business; controlling female and child labour; and devising an equitable social security system.

That is just on the economy. The same kind of detail is applied to every aspect of government. If this were taken seriously, the resulting workload would occupy the full legislative agenda for the next government and several following after. Political leaders and political parties no longer need to come up with policy programmes, because these have already been set.

In short, this is an attempt by a handful of charter drafters to dictate policy. A fundamental principle of parliamentary democracy is that policy-making is the duty of elected representatives who are in some way responsible to their constituency. The 1997 Constitution began this practice of trying to dictate policy to future governments. This draft charter has taken the practice to another, absurd level. This chapter betrays the drafters' total contempt for the principle of parliamentary democracy.

While the last charter was dubbed the People's Constitution, this one deserves the title of the Judges' Constitution.

Under this draft, the three very important persons are not the prime minister, president of parliament, or even commander-in-chief of the Army, but the heads of the Supreme, Administrative, and Constitutional courts.

The importance of these courts will increase. People gain the right to present cases directly to the Constitutional Court over infringement of rights, and to the Administrative Court over disputes with official agencies. The Supreme Court takes over some of the most important powers in the control of elections. These courts will consequently have a bigger role in major decisions that affect politics and administration. On top, the heads of these three courts are among the handful of gods who have the power to appoint the members of the Senate, and the members of some independent bodies intended to act as checks and balances on the executive and parliament.

The procedures for appointing two members of this judicial triumvirate are already in place and are internal to the judiciary. The procedure for the Constitutional Court has had to be newly devised. The details offer a glimpse into the clubby kind of politics we have in store.

The nine members of the Court will include three high court judges and two Administrative Court judges, again chosen by the internal processes of the judiciary. The others are two legal experts, and two experts in political science, social science, or religious studies. These four are nominated by a committee consisting of the presidents of the Supreme and Administrative courts, the president of the Assembly, and opposition leader, and the head of the independent organisations. The Senate has to approve this committee's nominations, but has no leeway to make any choice. If it refuses, it can eventually be overridden, again by a cabal of judges.

"Elections are evil," said one drafter last week. He used to be a judge.

Chang Noi

source: http://www.nationmultimedia.com/2007/04/30...on_30033003.php

[hammered]

From People's Charter to Judges' Charter

Fear and loathing of elective democracy is the dominant theme of the new draft constitution.

Never again, the drafters hope, should real power be based upon the people's vote.

The reshaping of parliament is designed to produce fractious, corrupt politics that will condemn itself. The draft brings back the system of multi-member constituencies under which election candidates are in effect competing just as much against their own party colleagues as against their party opponents. Parties will be weakened. Elections will become more violent, with more deaths of canvassers caught in the increased complexity of local factionalism.

The 90-day rule is in effect abandoned. Wholesale merger of parties is banned, but the prelude to elections will revert to the old pattern of musical chairs and pre-election auctions of candidates with potential to win. To add to the fragmentation, the draft even explicitly absolves MPs from voting along party lines. The two-term limit for a prime minister will encourage corruption. Parliament will revert to the pattern of many small factions loosely aggregated into weak parties and constantly rearranged by money and opportunism into fragile coalition governments.

In the eye of the drafters, this does not matter because parliament does not really matter. One of the most striking features of the charter is the expansion in size and scope of the section on Directive Principles of Fundamental State Policies. If you think that title has a whiff of documents emerging from the supreme council of some totalitarian state, you might have the right idea. In the old constitution, these principles were brief and vague. Nobody honestly took much notice of them. In this draft, this section has expanded from one page to eight. The coverage extends across security, administration, religion, society, education, culture, law, judicial matters, foreign affairs, economy, land, natural resources, environment, science, intellectual property and labour. The government is obliged to ensure that its policy statement presented to parliament accords with these principles, and is obliged to make an annual report to parliament on its progress.

These principles are much more detailed than in the old charter. Take the economy as an example. In the 1997 charter, there was just one paragraph with little more than a list of topics. The new draft has twelve paragraphs. Some of these are again very broad and vague, such as promoting the sufficiency economy, upholding the free market, and ensuring fiscal and monetary discipline. But other paragraphs have specific measures that will require legislation and changes in administrative practice. The government must amend laws and regulations that put unnecessary controls on business; revise the tax system to be more equitable; create a system to provide for the aged; and amend laws on monopoly in order to provide for free and fair competition. Then there are further clauses that are not so specific yet still envisage major changes - distributing income more fairly; increasing opportunity; promoting the exploitation of local wisdom and Thai wisdom in the creation of products and services; delivering the highest returns to agriculture; ensuring the basic needs of consumers are not obstructed by monopoly business; controlling female and child labour; and devising an equitable social security system.

That is just on the economy. The same kind of detail is applied to every aspect of government. If this were taken seriously, the resulting workload would occupy the full legislative agenda for the next government and several following after. Political leaders and political parties no longer need to come up with policy programmes, because these have already been set.

In short, this is an attempt by a handful of charter drafters to dictate policy. A fundamental principle of parliamentary democracy is that policy-making is the duty of elected representatives who are in some way responsible to their constituency. The 1997 Constitution began this practice of trying to dictate policy to future governments. This draft charter has taken the practice to another, absurd level. This chapter betrays the drafters' total contempt for the principle of parliamentary democracy.

While the last charter was dubbed the People's Constitution, this one deserves the title of the Judges' Constitution.

Under this draft, the three very important persons are not the prime minister, president of parliament, or even commander-in-chief of the Army, but the heads of the Supreme, Administrative, and Constitutional courts.

The importance of these courts will increase. People gain the right to present cases directly to the Constitutional Court over infringement of rights, and to the Administrative Court over disputes with official agencies. The Supreme Court takes over some of the most important powers in the control of elections. These courts will consequently have a bigger role in major decisions that affect politics and administration. On top, the heads of these three courts are among the handful of gods who have the power to appoint the members of the Senate, and the members of some independent bodies intended to act as checks and balances on the executive and parliament.

The procedures for appointing two members of this judicial triumvirate are already in place and are internal to the judiciary. The procedure for the Constitutional Court has had to be newly devised. The details offer a glimpse into the clubby kind of politics we have in store.

The nine members of the Court will include three high court judges and two Administrative Court judges, again chosen by the internal processes of the judiciary. The others are two legal experts, and two experts in political science, social science, or religious studies. These four are nominated by a committee consisting of the presidents of the Supreme and Administrative courts, the president of the Assembly, and opposition leader, and the head of the independent organisations. The Senate has to approve this committee's nominations, but has no leeway to make any choice. If it refuses, it can eventually be overridden, again by a cabal of judges.

"Elections are evil," said one drafter last week. He used to be a judge.

Chang Noi

source: http://www.nationmultimedia.com/2007/04/30...on_30033003.php

The title would read better as from representatives charter to judges charter. This charter enshrines peoples rights and for the first time rather than leaving it up to the politicians to decide on the peoples legal rights as the 1997 one did. The 1997 consty was very strong on elected representation something which has been weakened in this one. This consty spells out and gives more powers to courts than the 1997 one which surprisingly didnt really identify what the supreme court really was.

imho the reality is that in the present draft the enshrining of peoples rights is an improvement and shouldnt be dropped. The stuff on elected reps will be controversial. Something better than 1997 should be in there on courts though what is proposed seems controversil too.

As always this will not come down to any real feeling on democracy when argued over but will be more about a continuing power struggle. Ho Hum.

[Jai Dee]

EC sets up center for residents to voice their opinions concerning the first constitution draft

Election Commission (EC) has set up a center for people to voice their opinions concerning the first constitution draft. A meeting concerning an implementation of the center will be held on May 3rd.

EC member Praphan Naikowit (ประพันธ์ นัยโกวิท) says EC has already completed a framework for people to throw in their opinions concerning the new charter. The new Constitution will still abide to the framework of the 1997 Constitution, especially on virtues and moralities.

Mr. Praphan informs EC will report the result of public’s opinions to the Constitution Drafting Committee (CDC) for presenting to His Majesty the King. He says three organic laws, including laws concerning the election of House of Representatives or Senator, the law concerning EC, and the law concerning political parties, will be issued after the enforcement of new Constitution. The new election is expected to take place within this year.

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

[Jai Dee]

Drafters tout benefits of German system

Some members of the Constitution Drafting Committee are pushing for the adoption of the electoral system used in Germany, which they say forces political parties to come up with strong policies to attract voters.

Under this proposed system, the number of party-list MPs to constituency MPs is 200-200, compared to ratio of 320-80 in the first constitution draft.

CDC member Komsan Phokong said a group led by Krirkkiat Pipatseritham, Dr Chuchai Supawong and Thitipan Chuabunchai agreed that the election system as stipulated in the first constitution draft had too many flaws, distorted the intention of voters and did not follow democratic principles.

He said the group believe the CDC should give the nod to the new proposed election system that adopts the same method as that currently implemented in Germany because this system fairly calculated MP seats from the number of votes, thus reflecting the real intention of voters.

"This election system will change the face of the Thai political scene and change politicians' attitudes and behaviour to focus on policies rather than vote-buying," Komsan said.

He pointed out flaws in the constitution draft that uses the same calculation as that used in the 1997 constitution, explaining the method gave bonuses to parties that receive many constituency party votes. For example, in the previous election, Thai Rak Thai Party, which received 50 per cent of the constituency vote, should have won a little above 300 seats. Because of the method in calculation, however, the party took over 70 per cent on the party-list system, resulting in it winning up to 377 seats in both systems.

Mahachon received more than 4 million votes but did not win any MPs in the party-list system.

Source: The Nation - 30 April 2007

[Jai Dee]

Election Commission chairman Apichart Sukhagganond observes a demonstration of the referendum on the draft Constitution at Thammasat University yesterday.

Source: The Nation - 30 April 2007

[Jai Dee]

CDC says charter to give more freedom to public and media

The Constitution Drafting Committee (CDC) insists the new charter will give more freedom to media and public members than the previous one and says the committee is ready to listen to different suggestions for revision.

CDC Spokesman Pakorn Buranapakorn says the CDC is now listening to the ideas from 12 organizations and public members. He says the CDC is willing to take note of all suggestions for amendment. Mr. Pakorn says the new constitution will protect, promote, and expand the freedom of the general public, and people will be more able to access the process of equity and its reformation.

At the same time, the media will also have more protection and freedom. In addition, the government’s use of power and politics will be more transparent and fair as the charter will focus more on ethics and morality. The examination of assets will also be strengthened.

Meanwhile, another CDC Spokesman, Mr. Wicha Mahakhun, says the drafting of the new constitution has not been influenced or pressured by anyone. He says the drafting follows the democratic principle. He however admits that many people would like the court to come into play as they are less confident and hopeful in other organizations.

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

[Jai Dee]

ICT Minister wants Sufficiency Economy in charter

The Information and Communication Technology (ICT) Minister, Mr. Yongyuth Yuthawong, believes more details of His Majesty the King’s Sufficiency Economy philosophy should be stated in the new constitution draft.

Mr. Yongyuth says the new charter draft contains more information on the promotion of science, technology, and energy than the previous constitution. The new draft indicates that the government has to follow the policies concerning science, intellectual property and energy in four areas. They include scientific and technological development, the promotion of new inventions, the publication of new scientific and technological knowledge, and the promotion of research and development, especially on alternative energy.

However, Mr. Yongyuth considers that more details of Sufficiency Economy need to be added in the draft. He also believes people should have more chances to voice their ideas, and he would like them to carefully consider different issues on the charter.

Mr. Yongyuth says the new constitution draft involves many scientific areas such as education and the improvement of the lives of people who are less fortunate. However, he says it would be more beneficial if the charter explains the direction of the government’s policy.

Source: Thai National News Bureau Public Relations Department - 02 May 2007

[Jai Dee]

PMs Office Minister says election will be held on time

The Minister attached to the Prime Minister’s Office, Assoc. Prof. Thirapat Serirangsan, is confident that the election will take place as scheduled even though the constitution could be withdrawn in the public hearing.

Assoc. Prof. Thirapat says the government as one of the 12 bodies to address the charter, is ready to overview draft. He says the Cabinet has not considered the political parties' request for the Council for National Security (CNS) to abolish the 15th and 27th announcements of the Council for Democratic Reform (CDR). He is however confident that the election will be carried out within the timeframe. He says he prefers the election to be held sooner, but it depends on the Constitution Draft Committee (CDC).

Source: Thai National News Bureau Public Relations Department - 02 May 2007

[slimdog]

DRAFT CONSTITUTION

Judges oppose appointments' role

Having to select senators, other posts would make judiciary more political 'and damage our integrity and independence'

The judiciary has rejected the idea proposed in the draft constitution that it become more involved in national politics, saying such a move would lead to an erosion of judicial independence and fairness.

The draft constitution plans to give the courts an unprecedented role in politics by having judges select senators and appoint leaders of so-called independent organisations.

But concerns and unease about the plan emerged yesterday after Supreme Court Judge Wattanachai Chotechootrakul, chairman of the courts' committee reviewing the constitution draft, convened a meeting of concerned judges.

The meeting concluded it was not the duty of judges to make political appointments, as stipulated under Article 107 of the draft charter.

"It is inappropriate to make judges become involved [in politics] because it will lead to loss of independence and fairness of the courts," said Srawuth Benjakul, deputy secretary of the Office of the Courts of Justice and the courts' spokesperson.

He said in assigning the courts to select leading members of so-called independent organisations, the courts would lose their "impartiality".

The meeting concluded the idea of involving the courts in an ad-hoc crisis committee under article 68 of the charter was not sound.

The Constitution Drafting Assembly (CDA) will finish its informal vetting and adjustment of the first draft of the 2007 constitution on May 14, while the official amendments will take place from May 23 to 25.

The vetting starts in earnest this week and on May 24 the Constitution Drafting Committee (CDC) will meet with various subcommittees of the Assembly, including the subcommittee on public hearings and referendums. An internal meeting of the CDC will then take place from May 28 to 31 and the period between June 1 and June 7 will be set aside to finalise the vetting and adjustment of the draft, leading towards the publication of the second draft, scheduled for completion by June 10.

Final vetting by the CDA will take place from June 11 to June 30, with July 6 slated as the deadline for the charter's completion.

The period between July 20 to August 18 will be allocated for publicising the charter in preparation for a referendum in September.

Meanwhile, CDC secretary Somkid Lertpaitoon said widespread criticism of the draft charter was not a bad thing but those criticising it should argue rationally.

He said there were five or six issues still to be agreed upon, including how senators should be selected, the role of the courts and Buddhism as the state religion.

Somkid said the CDC was willing to consider all suggestions but he defended the committee against criticisms that the charter would lead to a bureaucratic form of governance. "They [the critics] haven't told us which articles will lead to such a state," he said.

source: http://www.nationmultimedia.com/2007/05/02...cs_30033161.php

[slimdog]

Judges need to adapt themselves: CDC deputy chairman

Wicha Mahakhun, deputy chairman of the Constitution Drafting Committee, said Wednesday that judges need to adapt themselves to the new political era.

Wicha, a former judge, was responding to a report from the Office of the Judicial Affairs that most judges disagree with the new draft constitution that would give more role for judges to appoint senators and members of other independent organisations.

Wicha said the CDC would heed the judges' opinions and try to find a better solution.

But if there is no other better solution, "judges will have to adapt themselves. Judges cannot distance themselves from the outside world forever. They need to adapt themselves in this era".

source: http://www.nationmultimedia.com/breakingne...newsid=30033192

[Mid]

Judges need to adapt themselves: CDC deputy chairman

Wicha Mahakhun, deputy chairman of the Constitution Drafting Committee, said Wednesday that judges need to adapt themselves to the new political era.

Wicha, a former judge, was responding to a report from the Office of the Judicial Affairs that most judges disagree with the new draft constitution that would give more role for judges to appoint senators and members of other independent organisations.

Wicha said the CDC would heed the judges' opinions and try to find a better solution.

But if there is no other better solution, "judges will have to adapt themselves. Judges cannot distance themselves from the outside world forever. They need to adapt themselves in this era".

source: http://www.nationmultimedia.com/breakingne...newsid=30033192

will this country ever stop trying to reinvent the wheel ???

look , here's the original

and in keeping with modern times ..............

[Jai Dee]

PM, parties to discuss draft

Prime Minister Surayud Chulanont has called a meeting with political party leaders next Tuesday to discuss the draft constitution, government spokesman Yongyuth Mayalarp said yesterday.

The meeting will be held at Government House, said Yongyuth, adding the prime minister believed the comments from party leaders would benefit the constitution drafting.

"The government is open for all sides to participate in the charter drafting and will forward all suggestions to the constitution drafters," he said. There are 44 registered political parties.

Yongyuth said the Cabinet would also hold a meeting to discuss the draft tomorrow and opinions would be sent to the constitution writers next Wednesday.

The government believes if all sides come together to share ideas for the new constitution, the draft has a real chance of passing a national referendum in September.

Source: The Nation - 03 May 2007

[Jai Dee]

NCCC supports new charter draft

The National Counter Corruption Commission (NCCC) voices support for the draft of the new constitution which states that NCCC can sack politicians who commit immoral actions.

NCCC Committee Klanarong Chantik (กล้านรงค์ จันทิก) discloses that articles 270 and 271 of the new charter address morality inspection of politicians, political officials, and state officials. The Ombudsman of Thailand will carry out the inspection and forward it to NCCC which will consider whether it will dismiss those whose morality is inspected.

As for the constitution drafting, Mr Klanarong says NCCC is now studying the draft of the new constitution to see which articles should be amended before forwarding their suggestions to the Constitution Drafting Assembly (CDA).

Meanwhile, Deputy Prime Minister and Minister of Social Development and Human Security, Paiboon Wattanasiritham (ไพบูลย์ วัฒนศิริธรรม) says he expects that opinions concerning the new charter voiced by all ministers will be submitted to the Cabinet meeting next week.

He affirms that Prime Minister Surayud Chulanont has not tried to influence the ministers’ opinions and expects that the charter draft’s issues which might be much debated include solutions to the country’s crisis and qualifications of members of parliament and senators.

Source: Thai National News Bureau Public Relations Department - 03 May 2007

[Jai Dee]

CDA Chairman calls on all groups to use rationality and not emotion in constitution drafting

The Chairman of the Constitution Drafting Assembly believes that during the nation's current political crisis, rationale should take precedence over emotion in order to allow a proper constitution to be formed.

Constitution Drafting Assembly Chairman Squadron Leader Prasong Sunsiri (ประสงค์ สุ่นศิริ) said that the incident in which members of the nation's judiciary branch refused to participate in selecting an independent organization to resolve Thailand's current political crisis would be addressed by the proper officials, though the CDA is open to the views and opinions of all groups. Squadrong Leader Prasong believed that the judiciary branch was essential to the drafting of a sound constitution, and would not inadvertently commit lese majeste.

Consitution Drafting Assembly member Wicha Mahakhun (วิชา มหาคุณ) said that the new constitution would use legislature from the 1997 constitution, and would not impair the judiciary branch to a great extent, and may even increase the branch's ability to resolve human rights issues. Mr. Wicha affirmed that the government would not intervene in the affairs of the judiciary branch.

Source: Thai National News Bureau Public Relations Department - 03 May 2007

[Jai Dee]

Three former opposition parties to hold meeting on new charter draft

The three former opposition parties will hold a meeting to discuss the constitution drafting and define their stance on problematic issues of the new charter.

The three parties are Chart Thai, Democrat, and Mahachon.

Meanwhile, Chart Thai Party Leader Banharn Silpa-archa (บรรหาร ศิลปอาชา) says he agrees with a senior citizen Prawet Wasee (ประเวศ วะสี)’s proposal which requests the government to call a meeting between all political parties to consider the new charter draft together.

Mr Banharn also says the three parties are concerned over the reduction of members of parliament as they believe that it will not solve the problem of vote-buying. On the contrary, it will escalate election corruption. However, he hopes that the constitution drafters will use opinions voiced by various sectors to amend the new charter draft.

Source: Thai National News Bureau Public Relations Department - 03 May 2007

[Jai Dee]

EC gears up for public hearing of charter draft

The Election Commission (EC) calls a meeting today (May, 3rd) of election directors nationwide to prepare them for the public hearing for the constitution draft.

The meeting will include constitution drafting, the drafting of organic laws concerning the election of members of parliament and senators, and the public hearing method. The lecturers affirm that election officials have to play an active role in publicizing the public relation method and prepare election personnel, equipments, and election booths.

Sawas Chotiyapanit (สวัสดิ์ โชติพานิช), the chairman of the committee responsible for drafting the public hearing method, also attends the meeting to deliver a lecture to create understanding about public hearing.

In the afternoon, the EC is scheduled to call for opinions from the election directors on organic laws concerning the election of members of parliament and senators. EC will forward the meeting’s conclusion to the National Legislative Assembly within 30 days.

Source: Thai National News Bureau Public Relations Department - 03 May 2007

[cclub75]

In the eye of the drafters, this does not matter because parliament does not really matter. One of the most striking features of the charter is the expansion in size and scope of the section on Directive Principles of Fundamental State Policies.

In short, this is an attempt by a handful of charter drafters to dictate policy. A fundamental principle of parliamentary democracy is that policy-making is the duty of elected representatives who are in some way responsible to their constituency.

While the last charter was dubbed the People's Constitution, this one deserves the title of the Judges' Constitution.

Chang Noi

source: http://www.nationmultimedia.com/2007/04/30...on_30033003.php

A very accurate analysis I believe.

The goal is clearly to bypass any "elected government". The goal is to set a group of people who will control, effectively, the country. For "cosmetic" needs, the Constitution gives this duty to "judges groups". This simple word, "judges", is supposed to calm the partisans of democracy, following a very thai logic : "he is a judge, so he is obviously good, balanced, jai dee person" etc.

But behind, nobody cares who will name thoses "judges".

[Jai Dee]

Chart Thai Party leader agrees with the idea to have a meeting on charter

Chart Thai Party leader Banharn Silpa-archa agrees with Dr. Prawase Wasi’s suggestion of organizing a meeting between the political parties to gather ideas to work out the issues relating to the constitution draft.

Mr. Banharn says it is a good suggestion, but it is not easy for implementation because issues could not be resolved successfully. Mr. Banharn says Prime Minister Surayud Chulanont earlier had a meeting with 40 political parties at Government House late last year, but there were no concrete results concerning the charter draft.

However, Mr. Banharn sees that inviting only three to four dominant political parties may not be possible since other parties may criticize the government later.

Source: Thai National News Bureau Public Relations Department - 03 May 2007

[Jai Dee]

New Constitution to give and protect rights of Thai media

Constitution Drafting Assembly member Mr. Manit Suksomjit (มานิต สุขสมจิตร) affirms new Constitution will give more say to the Thai media than the previous charters.

The World Media Protection Organization earlier indicated that Thai media's rigths have been limited by state authorities. The group added that Thai media is usually criticized, threatened and intervened by groups with vested interests.

In response to the indication, Mr. Manit informs the details in new Constitution has provided and protect media's right. He is confident that the World Media Protection Organization will come to realize that the Thai media will be given more leniency under the new constitution.

Source: Thai National News Bureau Public Relations Department - 03 May 2007

[Jai Dee]

CNS Chairman affirms general election will be held on time

The Royal Thai Army Commander-in-Chief and Council for National Security (CNS) Chairman, Gen. Sonthi Boonyaratglin, affirms that the general election will be held as scheduled by Prime Minister Surayud Chulanont.

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.

Col. Sansern says the CNS meeting has assigned the four members of the Advisory Board Committee to consider the constitution draft, and they will discuss with the CNS members on May 16th. The resolutions will be delivered to the National Legislative Assembly (NLA) at the latest on May 26th.

The CNS meeting has decided to publicize the details of the charter via the medias under the Royal Thai Army and the Royal Thai Police Bureau.

Source: Thai National News Bureau Public Relations Department - 03 May 2007

[Jai Dee]

Public hearings on charter draft to be held throughout the month in Ratchaburi

The special committee responsible for gathering public opinions and ideas of Ratchaburi province will be organizing public hearings on the constitution draft in all of its districts and subdistricts throughout this month.

Mr. Kritsada Haiwattanakul, the chairman of this special committee, says the public hearings will allow residences of Ratchaburi to voice their thoughts and suggestions on the charter draft. He says the public hearings will be held from May 8th to 28th, 2007.

The first public hearing will be organized in Muang District Office of Ratchaburi on May 8th. Later, the public hearings will be held in other districts and subdistricts of the province. On May 28th, it will be held on the 3rd floof of the Ratchaburi Provinicial Administrative Organization building.

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

[Jai Dee]

Ministers to submit opinions on charter draft to Cabinet meeting next week

All ministers will today (May, 4th) submit their opinions on the new constitution to the Cabinet meeting next week.

Deputy Minister and Minister of Social Development and Human Security, Paiboon Wattanasiritham says the ministers, including Prime Minister Surayud Chulanont, will voice their opinions on the new charter during a special meeting held by the Cabinet’s committee responsible for the constitution drafting.

The meeting will conclude the ministers’ opinions and forward them to the Cabinet’s weekly meeting on May 8th and later to the National Legislative Assembly (NLA). NLA will use the opinions to amend the charter draft.

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