House speaker recommends fast-track charter rewrite

[StrontiumDog]

House speaker recommends fast-track charter rewrite

House speaker recommends fast-track charter rewrite

By The Nation
Published on August 16, 2011

House Speaker Somsak Kiatsuranont on Tuesday made a suggestion that charter rewrite should be put a fast-track to complete in three months, advising against a lengthy process.

"There is a super fast way to amend the charter - the whold process could be completed in three months plus another two months if a national referendum is conducted," he said.

Somsak said if his Pheu Thai Party opts for the lengthy process, the House would have to debate twice - to amend the charter's Article 291 to pave way for forming the Constitution Drafting Assembly and to deliberate on the CDA's draft charter amendments.

He said an alternative was for the House to do away with the CDA formation by retaining the first two chapters of the Constitution, including provisions on the monarchy, and reactivating the suspended 1997 charter for all provisions except those in its first two chapters.

The amended charter would be a mixture of the Constitution with two chapters intact and remaining provisions from the suspended charter, he said.
Many see that the ruling party is pushing for chater rewrite with an ulterior motive to discard Article 309 of the Constitution.

The provision sanctions the orders and activities of the junta, seen as the legal cornerstone for prosecution and conviction of former prime minister Thaksin Shinawatra.

[StrontiumDog]

Ploy to bring back ThaksIn

SHINAWATRA GOVERNMENT

Ploy to bring back ThaksIn

By The Nation
Published on August 17, 2011


Charter change: Speaker Somsak says no need for drafting assembly as most of 1997 version should be restored

The House Speaker has proposed a fast-track approach for constitutional amendment in what many see a move aimed at paving the way for an early return of Thaksin Shinawatra to Thailand, without the ex-premier first having to serve a jail sentence for abuse of authority.

Somsak Kiatsuranont's proposal came yesterday as the new government was preparing to declare its policy guidelines before Parliament next week.

In the last of its 16 "urgent policies", the government promises to facilitate constitutional amendment as part of the efforts to introduce and speed up political reform. According to the plan, an assembly will be set up as an independent agency to draft a new charter that introduces the exercise of democratic power under the rule of law. The government also promises to hold a national referendum on whether to accept the draft.

However, Somsak has suggested that instead of going through a lengthy process via a full constitution-drafting assembly, the government should opt for a much shorter route by merging the current charter with the constitution of 1997, which was abolished after the military coup of September 2006.

He said only the two first chapters of the current charter, involving General Provisions and His Majesty the King, would be retained, with the remainder coming from the pre-coup constitution.

Whatever path is taken to amend the constitution, the government risks a severe backlash from detractors, who view the planned change as a passport for Thaksin to return to Thailand without first having to serve his jail sentence.

Article 309, the last transitional provision of the current charter, states that "all acts recognised in the 2006 Constitution as lawful and constitutional, including acts incidental thereto whether performed prior to or subsequent to the date of the promulgation of this Constitution, shall be deemed constitutional under this Constitution". This provision, according to legal experts, is intended to protect the coup-makers regarding their actions against Thaksin and his government, as well as subsequent legal actions resulting from the 2006 coup.

Many consider that the ruling party is pushing for a charter rewrite with the ulterior motive of discarding Article 309, which sanctions the orders and activities of the 2006 junta, seen as the legal cornerstone for the prosecution and conviction of the former prime minister.

In 2008, the Supreme Court's Criminal Division on Political Office Holders sentenced Thaksin in absentia to two years' imprisonment for abuse of power involving his then-wife Pojaman's purchase of coveted state-owned plots of land in the Ratchadaphisek area of Bangkok at a price much lower than the market value. The court case resulted from an investigation by the Assets Examination Committee, which was set up following the coup. The yellow shirts' People's Alliance for Democracy, which has actively campaigned against any constitutional amendment aimed at helping Thaksin escape legal problems, is likely to be among the first groups to take to the streets if charter change were to go ahead as planned.

Somsak, who is from the ruling Pheu Thai Party, said yesterday that his fast-track approach could be completed in three months, not including the time required for holding a public referendum.

"There is a super-fast way to amend the charter - the whole process could be completed in three months, plus another two months if a national referendum is conducted," he said.

He added that if the ruling party however opted for a lengthy process, the House would have to debate twice: first, to amend Article 291 in order to pave the way for forming a constitution-drafting assembly, and then to deliberate on the assembly's draft amendments.

The Speaker said an alternative was for the House of Representatives to do away with the assembly's formation by retaining the first two chapters of the Constitution, including provisions on the monarchy, and reactivating the suspended 1997 charter for all provisions except those in its first two chapters. The amended charter would then be a mixture of the current Constitution, with two chapters intact, and the remaining provisions from the abolished charter, he said.

Banharn Silapa-archa, chief adviser to the coalition Chart Thai Pattana Party, yesterday voiced his support for the government's policy of amending the charter. He said the government should not be afraid of any opposition if amendment is aimed at improving the Constitution and bringing about fairness.

[StrontiumDog]

Bangkok Post : PM: Charter change not for Thaksin

PM: Charter change not for Thaksin

• Published: 17/08/2011 at 10:57 AM
• Online news:

Any constitutional amendments will be based on the people’s opinions and will not be tailored to benefit her elder brother, fugitive former prime minister Thaksin, Prime Minister Yingluck Shinawatra said on Wednesday.

The youngest sister of Thaksin insisted that she had never said that the charter changes must be completed in three months time, as was reported by some media.

“In principle, I want to hear what people think about the amendments. I want people’s participation and decisions in this matter,” she said. How to go about it rests with the House of Representatives.

Asked about Thaksin’s plan to visit Cambodia this weekend before going to Japan, Ms Yingluck said her brother is going to there to discuss energy business on his own, not on behalf of the Thai government.

House Speaker Somsak Kiatsuranont said there are some points in the constitution that need to be changed.

In principle, constitutional amendment is the responsibility of all Thai people, who should make the decision on whether it should be altered.

Mr Somsak insisted that the proposed charter changes have nothing to do with the issue of amnesty, but its effect on any particular individuals or groups is another story.

[StrontiumDog]

Bangkok Post : Weng: Charter change on the cards

Weng: Charter change on the cards

• Published: 17/08/2011 at 02:44 PM
• Online news:

The Pheu Thai Party will push for the House of Representatives to amend Section 291 of the 2007 constitution after the government delivers its policy statement on Aug 22-24, party-list MP Weng Tojirakarn said on Wednesday.

Mr Weng, also a core member of the United Front for Democracy against Dictatorship, said constitutional amendment had been agreed on by the Pheu Thai executive committee and listed as one of the top politicies of the party.

Preparations for the amendment had been under way and the process might take about two or three months to complete.

He said a proposal would be made to amend Section 291 of the 2007 constitution to make way for the setting up of a constitution drafting assembly (CDA), which would be tasked with constitutional amendment.

A public referendum might then be held to ask the people which between the 1997 and the 2007 constitutions they wanted to be used as a model for the amendment.

After the CDA completed its work, the new draft constitution would undergo another public referendum for approval.

Mr Weng said he believed the two public referendums, if effectively carried out, would not be seen as a waste of money because they were intended to lead to country to a genuine democracy.

"After the constitutional amendment, all independent agencies under the 2007 charter would be gone. If these agencies are allowed to exist the country would still be under the influence of the aristocratic elite and coup makers," Mr Weng said.

Concerning this matter, Prime Minister Yingluck Shinawatra earlier today denied the constitutional amendment was intended to whitewash her brother and former prime minister Thaksin Shinawatra of all legal cases.

She said the charter amendment would be based on the people's opinion and it was the duty of parliament to work it out in detail.

"Everything must be based on the principle of public participation. Whether there should be a public referendum is for the parliament to decide," she said.

Ms Yingluck said her party had not set a timeframe for the amendment.

She declined to comment when asked what the government would do to do away with an assumption that whatever it was doing was for Thaksin.

Suthep Thaugsuban, a core member of the Democrat Party, said he would not agree if the constitution, particularly Section 291, would be amended with an intention of whitewashing politicians including Thaksin.

If the Yingluck government insisted in going ahead with the amendment, it would certainly trigger another conflict in the country, the former deputy prime minister said.

Mr Suthep said the government was rushing to do many things involving Thaksin because it was confident of the majority vote in the House of Representatives and support from the masses.

He warned that whatever action to be taken by the government and individual ministers must be within the scope of the law otherwise they could be subject to legal action.

Jurin Laksanavisit, the opposition chief whip and a core member of the Democrat Party, said he saw Pheu Thai's move to amend the charter as paving way for parliament to grant an amnesty for Thaksin.

House Speaker Somsak Kiatsuranont said constitutional amendment is a matter for all of the 65 million Thai people to decide and should have nothing to do with Thaksin.

"Amending the constitution should be a matter for the people to decide by setting up a constitution drafting assembly which represents them. If they want to amend, amend it. If not, stop it," he said.

Asked if the 2007 charter should be amended, Mr Somsak said he was personally of the opinion that there are many provions which are undemocratic in it.

[StrontiumDog]

Bangkok Post : Pheu Thai firm on charter change plan

Pheu Thai firm on charter change plan

Amendments will goto public referendum

• Published: 18/08/2011 at 12:00 AM
• Newspaper section: News

The ruling Pheu Thai Party has reaffirmed its plan to amend the constitution but said coalition partners will be consulted about the move.

House Speaker Somsak Kiatsuranon yesterday said the constitution which was promulgated in 2007 needed to be amended as several of its parts were undemocratic.

The change should be carried out by an assembly made up of members of the public to ensure that the people would have a say in its content, he said.

Mr Somsak denied, however, that the amendment plan was aimed at paving the way for an amnesty for deposed prime minister Thaksin Shinawatra who has been sentenced to two years in jail and is now living in self-imposed exile overseas.

Pirapan Palusuk, a Pheu Thai MP for Yasothon and a member of Pheu Thai's legal team, said the party would push for a public referendum which could be held in three months to ask the people which they preferred between the present constitution, and the 1997 charter abolished by the 2006 coup.

If the referendum showed the majority of the people wanted the 1997 constitution to be reinstated, the government would base the changes on that version of the charter.

To be able to make sweeping changes to the constitution, the government would need to amend Section 291 of the charter first.

Section 291 sets conditions for the 2007 charter's amendment. The amendment of Section 291 would pave the way for the appointment of a new constitution drafting assembly.

Brainstorming sessions would then be held to discuss who would be in the constitution drafting assembly, he said.

Mr Pirapan said the Pheu Thai legal team has been studying laws to find out whether the government could hold a public referendum on charter amendment.

If the laws do not allow such a referendum to be held, the government would move ahead with the process to appoint the constitution drafting assembly.

It would do its job, and any changes would be put to a public referendum, however.

On the timing of the amendment process, Mr Pirapan said key party members would have to discuss it later on as well as consulting executives of other coalition parties.

Prime Minister Yingluck Shinawatra said her government does not expect the process of amending the 2007 constitution to be completed in one year.

The amendment process would be based on the principle of public participation, she said, adding that the House of Representatives would take care of procedural details.

The prime minister also brushed aside the allegation the changes were intended to favour her elder brother Thaksin.

Critics should wait to see details of the amendments before criticising, she said.

Meanwhile, Pheu Thai party-list MP Weng Tojirakarn said that following the changes to the 2007 constitution, independent organisations set up under the constitution must be scrapped.

[StrontiumDog]

Thai-ASEAN News Network

Pulling a Fast One

UPDATE : 19 August 2011

It was once said of world governments that some do the right things too slow while some do the wrong things too fast. One would hope that Yingluck Shinawatra's new government will not fall into the latter category with its eagerness to amend the current Constitution.

The Pheu Thai Party, now leading the government coalition, did not focus its campaigning on charter changes. Quite the contrary, Yingluck stated on multiple occasions that the priority of her administration would be national reconciliation, asserting that any action taken by her office would be for the good of all Thais. This, of course, begs the question of “how does amending the Constitution benefit the people or encourage reconciliation?”

The government’s planned amendment, as revealed by Pheu Thai MP Weng Tohjirakarn, will be to Article 291, which, in turn, will pave the way for legislators to call a public referendum that could revert much of the current charter to the language of its 1997 predecessor.

Questionably, the House Speaker has said that course would be too slow. He specifically noted that a public referendum would be much too troublesome and suggested that the legislature take it upon itself to decide whether or not the presently used Constitution should be scrapped in favor of the 1997 version.
Apparently, an issue that was barely touched upon on the campaign trail has become an urgent mission of the young administration, overtaking even more watched plans such as the minimum wage hike.

This might be an opportune time to mention that if the Kingdom were to return to the 1997 constitution, many of the regulations that made ousted premier Thaksin Shinawatra unfit to sit at the highest government post would be negated. If the older charter were to undo the legal bindings of the current one, Thaksin could easily be absolved of his convicted crimes while conveniently allowing Pheu Thai Party to adhere to its promise to not “grant amnesty”.

The current Thai constitution, drafted in 2007, is the first and only charter in Thai history to be approved through public referendum, receiving 14,247,306 votes in its favor. The number of people who chose the active constitution closes in on the 15 million votes that put Pheu Thai Party so firmly into power.

If Pheu Thai is so adamant that its landslide victory confirms its mandate to rule, why would it question the same amount of votes for the 2007 constitution? The new government has made almost no arguments for the merits of the amendments it wants enact, whether they be tighter security against corruption or more accountability for government officials. Does it expect upwards of 14 million people to blindly sign off changes to their own constitution without any justification?

Thai Rath, August 19, 2011

Translated and Rewritten by Itiporn Lakarnchua

[StrontiumDog]

Bangkok Post : Poll: Charter amendment worrisome

Poll: Charter amendment worrisome

• Published: 21/08/2011 at 11:30 AM
• Online news:

The majority of people are worried by a move by the Pheu Thai Party to amend the constitution, saying it could cause a new round of conflict, according to the result of Abac Poll revealed on Sunday.

Abac Poll of the Assumption University conducted a survey on the people's opinion on constitutional amendment and hopes for reconciliation of the people in the country between Aug 16-2- on 2,193 people in 17 provinces - Bangkok, Samut Sakhon, Kanchanaburi, Suphan Buri, Samut Prakan, Phayao, Phetchabun, Chiang Mai, Nakhon Phanom, Sakon Nakhon, Surin, Buri Ram, Khon Kaen, Nakhon Ratchasima, Chumphon, Trang and Nakhon Si Thammarat.

On constitutional amendment, the majority or 52.7 per cent of the respondents were worried the move could lead to another round of conflict and violence in the country while 47.3 per cent believed there would not be such problems.

The majority or 53.3 per cent did not agree to the move to amend the constitution while 46.7 per cent agreed.

Most or 76.9 per cent of the respondents said charter amendment was not urgent and could be delayed, while 23.1 per cent said it should be amended immediately.

On an idea to replace the 2007 constitution with the 1997 charter, 50.8 per cent agreed and 49.2 per cent disagreed.

Asked for their opinion based on the current political information they had received, 40.91 per cent said the government was doing too much to help fugitive former prime minister Thaksin Shinawatra, 24.29 per cent thought the government was trying to help the majority of people, 19.7 per cent thought it was truly doing in the interests of the country, and 14.5 per cent said the government was disappointing the people.

Most or 79.8 per cent of the respondents wanted the government to concentrate more on solving the economic problems than on amending the constitution, 18.1 per cent said the the government could do both at the same time, and 2.1 per cent wanted charter amendment to come first.

Asked what Thaksin should do at the present time, 68.9 per cent said he should not do anything and allow Prime Minister Yingluck Shinawatra to make her own decisions, 20.5 per cent said he should take up the role of helping the people and the country, and 10.6 per cent said Thaksin was free to do anything he wanted.

On national reconciliation, the majority or 51.3 per cent had no hopes for it being achieved, while 48.7 per cent they stilll hoped to see it.

A little more than one half of the respondents or 50.9 per cent said they were prepared physically and mentally for a new round of conflict and 49.1 per cent they were not prepared for it.

Noppadon Kannikar, the poll director, said that from the poll results constitutional amendment was an important factor which could divide the people in the country.

[StrontiumDog]

Charter change part of plan to whitewash ex-PM

EDITORIAL

Charter change part of plan to whitewash ex-PM

By The Nation
Published on August 21, 2011

Thaksin wants t o come home - but not if it means doing time in jail for the Ratchadaphisek land scandal

A controversial plot of land in central Bangkok has been sold. The block on Ratchadaphisek Road was reportedly bought for Bt1.8 billion - more than Bt1 billion above the amount paid by the ex-wife of former prime minister Thaksin Shinawatra paid in the early 2000s. Land prices rise and fall, but a Bt1-billion difference is no figure to easily dismiss. Thaksin was accused of corruption back then, because he and Pojaman were the first couple at the time and laws prohibited them from doing business transactions with the state. He was later convicted, but fled Thailand in late 2008, just before the Supreme Court announced its verdict, to avoid a two-year jail term. The rest is history; he has lived the life of a fugitive abroad ever since.

The issue is, he wants to come back to Thailand but doesn't want to spend even a single day in jail. He and his defenders have described the conviction as political persecution. He doesn't even want an amnesty because it would imply that he really did something wrong. He wants, it appears, a total whitewash.

Whether or how the Pheu Thai government will carry out its ambiguous "amnesty" plan and fulfil his wish remains to be seen. The plan appears to include getting rid of Article 309 of the current charter in order to annul or weaken all the legal procedures against Thaksin in the aftermath of the 2006 coup. Those procedures, which were undertaken before the eventual Supreme Court verdict, have been used by Thaksin defenders to back up claims that he had fled political persecution, not a criminal conviction.

That's where the controversy lies. His defenders look at the procedures but others look at the intent of the laws. Although Thaksin was convicted after a military coup, and was investigated largely through processes sanctioned by the coup-makers, the guilty

verdict was based on seemingly indisputable facts. Those facts are: Thaksin was prime minister; his spouse bought a piece of state-auctioned land with his consent; the Financial Institutions Development Fund is a state agency; the purchase was prohibited by anti-graft laws, which came into existence even before the coup-makers threw him out of power.

Some foreign diplomats have mentioned that such an offence is hardly a criminal act in other countries. That may be true. But the more important point is that Thaksin broke the laws he knew existed in his own country. The laws were enacted to stop or discourage rampant corruption by those holding state power. Pojaman was warned before she bought the land. There were plenty of news commentaries cautioning against her trying to acquire the plot while her husband, as prime minister, loomed over the Financial Institutions Development Fund.

Was the coup bad? Yes. Would Thaksin have been brought to justice without the coup? No. Was Thaksin investigated largely under mechanisms set up by the coup-makers? Yes. Was the guilty verdict based on laws that were already there even before the coup and delivered by the normal court system? Yes. This old debate remains relevant and it has taken on some urgency, now that his party has been swept back to power.

With democracy being respected by all, evident in the Pheu Thai Party's smooth ascension to power, what should we and Thaksin do about the Ratchada land verdict? Should Thaksin accept that he broke laws prohibiting him and his ex-wife acquiring the land? Should he accept that he broke the law before he was removed him as prime minister?

Article 309 is there to protect the coup-makers. But it is also there to deter a scenario like the one that is forming. A whitewash of Thaksin could send everything back to square one, where a healthy election mandate means those who won are untouchable.

Amnesty can be good for reconciliation. But it has to be really fair and just. As importantly, it must not be rushed through with results of one election used as a propeller. Elections are there for good reasons, but so are courts and the laws of the land.

[StrontiumDog]

Thai-ASEAN News Network

Public Opposition to Charter Change for Thaksin

UPDATE : 23 August 2011

According to the recent opinion poll conducted by Assumption University on the latest attempt to amend the charter among respondents in 17 provinces throughout the country, up to 52 percent of the people still don't have confidence in the political situation and even fear that it may bring about new rounds of unrest. While as, 47.3 percent of the respondents are certain that there will not be another political violence.

Meanwhile, out of the 53.3 percent of those who oppose charter change, 12.2 percent of them are staunch opponents who are also planning to rally. At the same time, even though the remaining 41.3 percent may oppose the new government's attempt to amend the Constitution, they are not looking to organize any opposing activity.

However, there are also 46.7 percent of the people who support the charter change. 11 percent of them are even planing to call for action to support this while 35.7 percent are not looking to do anything about it.

When asked whether the charter change is an urgent matter, the whopping 76.9 percent of the people say no, while only 23.1 percent believe that it should be done immediately.

About the question into whether the 1997 Charter should be re-promulgated, 50.8 percent say no. The poll result has also shown that 55.1 percent of the respondents are suspicious that the government is trying to amend the charter only to benefit some people while 44.9 percent believe it is truly for the people's best interests.

The poll has also revealed that 40.9 percent see the government under the leadership of Prime Minister Yingluck Shinawatra as overstepping its authority to aid former Prime Minister Thaksin Shinawatra while only 24.9 percent believe that the current administration is working for the common good. 14.5 percent view the new government as a disappointment for failing to materialize what it promised to the people during the last election campaign.

It should be noted that the overwhelming 79.8 percent want the government to prioritize the economic problems, particular the current high cost of living, ahead of the charter change. Only 2.1 percent want the government to first proceed with the charter change while 18.1 percent think that both issues must be addressed at the same time.

The poll result should have forced the Pheu Thai-led government to reconsider its attempt to amend the Constitution, which is widely believed that is has been devised to absolve Thaksin and the red shirt terrorists of their crimes. This is not only against the public, will but it might even fuel a new round of political violence.

Taken from Editorial Section, Naewna Newspaper, Page 3, August 23, 2011

Translated and Rewritten by Kongkrai Maksrivorawan

[StrontiumDog]

Bangkok Post : Abhisit: Don

Abhisit: Don’t rush for charter change

• Published: 23/08/2011 at 02:44 PM
• Online news:

The planned constitutional amendments is not an urgent matter for the Pheu Thai-led coalition government to rush for, acting Democrat Party leader Abhisit Vejjajiva said at parliament on Tuesday.

Mr Abhisit cited a recent survey by the private sector which showed that even though 20 per cent of the polled people backed the plan to alter the charter, another 20 per cent of the respondents opposed it.

The former prime minister said these group of people stated that they were ready to take to the streets if the plan to amend the constitution is pushed ahead. He warned that the move could lead to a problem of critical social division in the country.

He also warned that the planned constitutional alterations could lead to political conflicts which would affect the national security.

Mr Abhisit said he disagrees with the government’s stance to support the setting up of “red-shirt villages”, warning that it could also create more divisions.

Prime Minister Yingluck Shinawatra received strong support from people to become the first female government leader and therefore she has high responsibility in working for all Thai people, he said.

If Ms Yingluck has real intention to work for the benefit of people, she would be allowed to continue working, even though her government failed to implement all promised populist policies, he added.