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Constitution Drafting Assembly Appointed by Royal Decree


Jai Dee

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Democracy Confederation opposes the idea to allow amnesty for the CNS

Chairman of the Democracy Confederation opposes legislating amnesty for the Council for National Security (CNS) in the Constitution.

Chairman of the Democracy Confederation, Dr. Waeng Toh-Ji-Ra-karn (เหวง โตจิราการ) and Dr. Sant Hat-thi-rat (สันต์ หัตถีรัตน์) jointly handed a document to Mr. Tae-cho Sawananonda (เดโช สวนานนท์), the vice chairman of the Constitutional Drafting Assembly, expressing their disagreement with Mr. Tae-cho and the National Legislative Assembly chairman's idea to legislate amnesty for the CNS in the current draft of the Constitution, which currently is in the process of drafting. The two reasoned that such action will be regarded as using the Constitution, the country's supreme law, as a tool to serve a group of people.

Meanwhile, Dr. Sant expressed his opinion that drafting of the Constitution must be accomplished in accordance with procedure, saying that the country has already suffered significantly and more damage should not be done.

Source: Thai National News Bureau Public Relations Department - 23 March 2007

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Same story as posted by Jai Dee but with a better option:

Democracy advocates oppose coup amnesty

A network of democracy advocates yesterday filed a petition opposing the idea of granting amnesty to the September 19 coup leaders on the grounds that the new constitution should not condone military intervention.

The petition, signed by leading advocates such Weng Tojirakarn, Sant Hattheerat and Sunthorn Boonyod, was lodged with Decho Saowananont, deputy chairman of the Constitution Drafting Assembly.

The idea for condoning the seizure of power was incompatible with democratic rule, Weng said in reference to comments by National Legislative Assembly Speaker Meechai Ruchuphan and Constitution Drafting Committee chairman Prasong Soonsiri.

"The new constitution should not be reduced to serve one group of people or another, because it is the country's highest law," he said.

Meechai and Prasong both said it might be essential to include the amnesty clause in the draft charter, otherwise the country would be mired by legal battles relating to the coup.

At present, coup leaders are given immunity under the 2006 Interim Constitution, which will expire after the promulgation of the new charter.

In explaining his stand, Prasong said he circulated the idea of an amnesty in good faith in order to prevent trumped-up litigation designed to exact political revenge and inflame volatility.

Thai Rak Thai Party executive Adisorn Piengket said lawmakers could enact a law granting amnesty to the September 19 coup-makers. "The amnesty can be granted under an act of Parliament. It is not appropriate to include such a clause in the new constitution," he said.

source: http://www.nationmultimedia.com/2007/03/23...al_30030044.php

Edited by slimdog
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Chuan Leekpai agrees with the idea of elected PM

The former Prime Minister agrees with obtaining new prime ministers by election.

Former Prime Minister Chuan Leekpai (ชวน หลีกภัย) says the new constitution must make amendments for the appointment of Prime Ministers by election. Meanwhile, Ex-Justice Minister Pongthep Thepkanjana (พงษ์เทพ เทพกาญจนา) agrees with the idea of an elected PM and indicates that the new charter should pave the way for a public hearing to resolve the country’s crisis.

Both Mr Chuan and Mr Pongthep voiced their opinions during a seminar on qualifications of the prime minister in the new constitution held by the Thai Bar. Mr. Chuan said a constitution which does not ban an appointed prime minister reflects the drafter’s approval of the succession of power.

As a result, it is necessary for the charter drafters to clearly state that the prime minister must be elected in line with democratic means. He also says political parties should adjust themselves to the changing political environment. Politicians should have sincerity in resolving people’s problems.

Mr Chuan added that the problem of biased independent organizations and legislative bodies stems from the former PM’s personal behavior. At the same time, Mr Pongthep says no constitution drafted by a coup maker is considered as a constitution of democracy. The prime minister should be a person who has both integrity and capability as only integrity is not enough to run the country.

Thammasat University Rector Suraphon Nitikraipoj (สุรพล นิติไกรพจน์) also voiced his disagreement with military involvement in politics during the seminar.

Source: Thai National News Bureau Public Relations Department - 23 March 2007

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Thai Rak Thai Party executive Adisorn Piengket said lawmakers could enact a law granting amnesty to the September 19 coup-makers. "The amnesty can be granted under an act of Parliament. It is not appropriate to include such a clause in the new constitution," he said.

agreed

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PRD invites people to join charter declaration ceremony

The Government Public Relations Department would like to invite public members to join the ceremony to declare their intention to take part in the drafting of the 2007 Constitution.

The ceremony will be held at Lumpini Park, Bangkok from 10:00 to 22:00 hours. Many activities will be organized such as exhibitions, seminars, and entertainment activities.

At 18:04 hours, Prime Minister Surayud Chulanont will join the declaration ceremony with the general public nationwide.

Source: Thai National News Bureau Public Relations Department - 24 March 2007

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Former environmental official asks for progress of the new charter

Former President of Natural Resources and Environment Committee asks for the progress of the new charter, especially articles which concern environmental issues.

Former President of Natural Resources and Environment Committee, Noppadol Phonsen (นพดล พลเสน) submits a letter to President of the Constitution Drafting Committee (CDC) Prasong Soonsiri (ประสงค์ สุ่นสิริ). The letter requests CDC to put more attention to environment-related issues and land problems. It also calls for CDC to complete laws concerning constitution within one year and set up a new court directly responsible for environmental cases.

Meanwhile, Amnat Sirichai (อำนาจ ศิริชัย) presents results of a survey on people’s opinions on the new charter to Chairman of the Constitution Drafting Assembly Noraniti Sethabutr (นรนิติ เศรษฐบุตร). Mr Amnat is the president of the Association of the Thai Provincial Administration Organizations.

Source: Thai National News Bureau Public Relations Department - 26 March 2007

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not the first of many questions to be asked in the next couple of months ,

still the big problem is apathy as demonstrated by the recent article indicating that people already want to vote yes to the new charter to avoid further martial rule .

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not the first of many questions to be asked in the next couple of months ,

still the big problem is apathy as demonstrated by the recent article indicating that people already want to vote yes to the new charter to avoid further martial rule .

Apathy combined with ignorance, I bet you most Thai people couldn't quote any clauses from even the last constitution.

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While a few academics discuss what should and shouldnt be in the new charter, which doesnt seem to be of interest to most average Thai people I know, few are discussing the critical detail of how the charter can be ammended in the future which may be far more pertinent to Thailand as it develops over time into a more mature democracy. No constitution is perfect and all constitutions should be able to be ammended by a process that is not overly difficult but not too easy. If political development is seen as a process and a constitution as something reflecting this then what is included at a point in time such as now becomes less important. As things look right now it seems the charter will be voted in more or less whatever is included in it. It would seem a debate on how to ammend would therefore be a more reassonable one right now for the small privileged parts of society that are actually even talking about the charter.

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The new Constitution has less than 320 articles

The Constitution Drafting Committee reports that the new constitution will have less than 320 articles.

The President of the Constitution Drafting Committee (CDC) Prasong Soonsiri (ประสงค์ สุ่นสิริ) indicates that the new Constitution will include less than 320 articles. He says the final conclusion of the first draft will be issued in a seminar at Chonburi (ชลบุรี) Province from April 6th-11th.

As for the number of articles in the new Constitution, Mr. Prasong says the number depends on the details; however, the article numbers are expected to be less than 320.

Mr. Prasong says 1 million copies of the first draft of new Constitution will be published and distributed to 76 provinces within April 19th, to solicit public input.

In regard to the CDC meeting today, Mr. Prasong says today is the first day where each constitution article would be studied.

Source: Thai National News Bureau Public Relations Department - 27 March 2007

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Constitution to prevent military coup, difficult

The President of the Constitution Drafting Committee (CDC) Prasong Soonsiri (ประสงค์ สุ่นสิริ) admits that no matter how the Constitution is formulated, it is still difficult to prevent military coup.

Mr. Prasong says that today's meeting is to seek ways to prevent the military coup. He remarks it is necessary to prepare for the situation as no one cannot predict when a crisis would occur. He says the Constitution should provide alternative solution if the country's security is at stake.

Mr. Prasong says the new Constitution requires only elected Prime Minister. He says the Constitution meeting will not be allowed to issue resolution asking for the resignation of the premier as it is considered violating law.

The Secretary of the Constitution Drafting Committee (CDC) Secretary Somkid Lertphaitoon (สมคิด เลิศไพฑูรย์) admits creating Constitution preventing the military coup is hard to do. However, he says CDC will ask for opinion from people again.

Source: Thai National News Bureau Public Relations Department - 29 March 2007

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Mr. Charan believes the 1997 Constitution should be set as guideline to draft new Constitution

Permanent Secretary to Justice Ministry Charan Phakdithankul (จรัญ ภักดีธนากุล) believes that the 1997 Constitution would be used as the guideline to draft new Constitution.

Mr. Charan says the 1997 Constitution has laid a sound foundation for the national administration, but the cause of the 1997-Consitution cancellation is the abuse of power. He says the relevant agencies in drafting new Constitution might improve, amend, or add more details to reduce the authority of legislative sector, placing the balance of power. At the same time, people’s right and liberty to take part in scrutinizing the government should be given more parts. In addition, the requirement of politicians’ morality and virtues should be more practical.

Mr. Charan says the country will turn to democracy after the declaration of new Constitution. Then, people’s Constitution should be created. He says the participation of people in drafting the new Constitution will urge them to help conserve the law.

Source: Thai National News Bureau Public Relations Department - 29 March 2007

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Academic disagrees with amnesty for CNS and AEC

Chief of the Department of Public Law, Thammasart University, disagrees with an amnesty for the Council for National Security (CNS) and the Assets Examination Committee (AEC).

Chief of the Department of Public Law, Worajet Phakeerat (วรเจตน์ ภาคีรัตน์) says the amnesty is unnecessary as it is the court's task to decide whether CNS and AEC operate illegally. He also does not agree with punishments to politicians on grounds of betrayal to the country and to the people’s trust.

Mr Worajet also opposes a meeting between eight key organizations of the country to resolve Thailand’s ongoing crisis. He says the meeting might provide a reason for political undercurrents to arrange activities protesting the government.

Meanwhile, Former Member of the National Legislative Assembly (NLA), Khanin Boonsuwan (คนินทร์ บุญสุวรรณ) says the constitution drafters should make sure that the new charter will not be revoked later. He adds that previous constitutions are not practical and full of extravagant words. In his opinion, the 1997 Constitution has the best stability and the strongest check and balance system which was unfortunately corrupted by politicians.

Mr Khanin also suggests that laws concerning the new charter should be completed within two years.

Source: Thai National News Bureau Public Relations Department - 29 March 2007

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PM: New constitution in September, election in December

BANGKOK: -- Thailand is set to get a new constitution in September and hold its next general election in December, Prime Minister Surayud Chulanont said on Thursday.

Speaking live in an afternoon television broadcast after meeting with the military Council for National Security (CNS), Gen. Surayud said it was agreed that the new constitutional referendum will be held within

this fiscal year, meaning by the end of September, and that the general election is tentatively set for December 16, or December 23, both Sundays. The final decision will be made later to determine the

exact date.

In what is being seen as keeping the coup makers' promise, the prime minister said the government and the CNS will try to keep to the schedule as originally planned.

Staging the coup deposing former prime minister Thaksin Shinawatra on September 19 last year, the CNS pledged to return power to the people within a year.

However, growing pressure has been put on both the military council and the interim government it installed as several so-called "democracy groups" have called for an early election and a quick return of full

democracy to the kingdom.

The new charter drafting process is on schedule, expected to be complete within the original timeframe. Afterwards, the government will have three months pre-election preparations for prepearing and publicising the elections.

--TNA 2007-03-29

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I hope they get this right.

Thailand could be a really great country if they can get a strong enforcable constitution in place.

Just lowering the endemic graft/corruption towards a western level would be a positive step!

History says I'm just dreaming but I say Go Thai!

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Surayud: Election to be held on either Dec16 or Dec 23

BANGKOK: -- Prime Minister Surayud Chulanont said Thursday that national elections would be held on either December 16 or 23.

"It will be either December 16 or 23, and the mechanism will be ready, including the constitution," he said.

"The referendum on a new constitution will be held no later than September," he added.

--The Nation 2007-03-30

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I hope things go as planned...

But remember, last March we were watching demonstrations and discussing the election that was supposed to solve everything. A few months later, we woke up to the coup. A lot can happen in nine months, so don't place any major bets.

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Surayud: Election to be held on either Dec16 or Dec 23

BANGKOK: -- Prime Minister Surayud Chulanont said Thursday that national elections would be held on either December 16 or 23.

"It will be either December 16 or 23, and the mechanism will be ready, including the constitution," he said.

"The referendum on a new constitution will be held no later than September," he added.

--The Nation 2007-03-30

Do they really need to hold an election two days before xmas I know this is Thailand but they also rely rather heavilly on the tourist dollar and closing all the bars in the peak season is just another dumb idea.

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CDA Chairman affirms the charter draft will be finalized on time

The Constitution Drafting Assembly (CDA) Chairman, Mr. Noraniti Sethabutr, told Prime Minister Surayud Chulanont in person that the charter draft will be completed on time.

The Constitution Drafting Assembly (CDA) Chairman, Mr. Noraniti Sethabutr, had a meeting with the Prime Minister, the Council of National Security (CNS), and the Election Committee (EC) at Government House. He told the meeting that the charter draft will be finalized within the timeframe. He said the election procedures can be organized sooner.

Mr. Noraniti said the charter draft will be forwarded to the National Legislative Assembly (NLA) on July 6th, and the public hearing will be scheduled as expected. He said the current situation will not impact the process of the charter drafting. The Prime Minister will announce the date for the general election.

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

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Surayud: Election to be held on either Dec16 or Dec 23

BANGKOK: -- Prime Minister Surayud Chulanont said Thursday that national elections would be held on either December 16 or 23.

"It will be either December 16 or 23, and the mechanism will be ready, including the constitution," he said.

"The referendum on a new constitution will be held no later than September," he added.

--The Nation 2007-03-30

Do they really need to hold an election two days before xmas I know this is Thailand but they also rely rather heavilly on the tourist dollar and closing all the bars in the peak season is just another dumb idea.

normally I'd agree ,

however

this time .......................................

.......... ............... ................... ................... ..................

The Constitution Drafting Assembly (CDA) Chairman, Mr. Noraniti Sethabutr, had a meeting with the Prime Minister, the Council of National Security (CNS), and the Election Committee (EC) at Government House. He told the meeting that the charter draft will be finalized within the timeframe. He said the election procedures can be organized sooner.

good news on the time frame , however there's a referendum on accepting it to pass before the elections ...............

Edited by Mid
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I hope things go as planned...

But remember, last March we were watching demonstrations and discussing the election that was supposed to solve everything.

Not really true as it was boycotted by all major political parties and half the country voted "NO". Only Thaksin hoped that it would solve his problems.

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CDA Chairman admits article 67 is difficult to draft

Chairman of the Constitution Drafting Assembly (CDA) admits that article 67 of the new constitution is very difficult to draft as it is a new and sensitive issue.

Article 67 addresses a special meeting between heads of eight key organizations to solve the country’s crisis or change the prime minister during the crisis. Mr Noraniti also says it is impossible for a constitution to prevent a coup d’État as the coup makers can revoke the constitution.

Regarding the issue of the appointed prime minister, the chairman says the issue should be addressed in a different article from that concerning a coup.

He suggests that the general public should wait for the first draft of the new constitution before deciding whether to approve or reject it.

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

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PM hints lifting of political activity ban a possibility

Political parties will likely be permitted to resume political activities in September, prior to the general election scheduled to be held in December, according to Prime Minister

Gen. Surayud Chulanont.

The prime minister declined to say whether or not Orders No. 15 and 27 issued by the military junta which overthrew the Thaksin administration by coup d'etat last September would be lifted in the foreseeable future to allow the politicians to do their political activities during the running up to the next general election.

However, Gen. Surayud assured political candidates would likely be free to conduct their election campaigns by Sepember.

There would be enough time for political parties to campaign nationwide, considering December as the tentatively set date schedule for the election. Rewriting the Constitution will be finished by September and is to be followed by a public referendum, the prime minister said.

Gen. Surayud quoted Noranit Sethabutr, chairman of the Constitution Drafting Assembly, as saying the general election should be scheduled for December 16 or December 23.

Meanwhile, the prime minister reconfirmed his decision not to impose an emergency decree to cope with Friday's (March 30) anti-coup protest at the open plaza in front of the Bangkok Metropolitan Administration

(City Hall).

The prime minister said the authorities have taken measures to deter violent of otherwise inappropriate incidents which may emerge at the demonstrations.

Gen. Surayud dismissed claims that he had developed a conflict with Council for National Security (CNS) chairman Gen. Sonthi Boonyaratkalin over the decision not to declare emergency rule in certain areas of the capital in anticipation of anti-coup protests.

The prime minister said he believed the protest would not go out of control or lead to violence. Gen. Surayud freely admitted that he and the CNS chief may have somewhat different points of view regarding

such matters.

Source: TNA - 30 March 2007

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Thailand: PM Announces Thai Election Dates in Face of Mounting Protests Prime Minister Surayud Chulanont yesterday announced that general elections will be held in December. The polls will take place on either 16 or 22 December, following on from a national referendum on a new constitution, which is expected to be held before September. The announcement came on the same day that Surayud rejected the military’s call for the use of emergency powers in the capital, Bangkok. The call came ahead of another anti-coup protest, scheduled to take place today and tomorrow, which the authorities fear will gather momentum unless it is curtailed. Although the protests calling for a swift return to both democracy and the upholding of the 1997 constitution have so far been small, there are signs that dissatisfaction is growing. The group holding today’s protest is affiliated with ousted prime minister Thaksin Shinawatra. Yesterday, it defied warnings from the security forces not to proceed with the protests, and vowed instead to step up its activities. Observers have argued that any moves to crack down on these protests could reflect poorly on the interim administration, underlining the difficulties the authorities face in addressing this issue.

Significance: Residual support for Thaksin and growing public dissatisfaction with an administration lacking in policy dynamism is creating fresh tensions. In this respect, the timing of Surayud’s election date announcement can be no coincidence, with the prime minister apparently seeking to defuse a growing protest campaign with an election timetable.

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"Do they really need to hold an election two days before xmas I know this is Thailand but they also rely rather heavilly on the tourist dollar and closing all the bars in the peak season is just another dumb idea. "

I find it difficult to believe that:

- closing bars for a day will significantly affect the tourist season

- your concern of a closed bar has anything to do with the Thai economy

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Surayud: Election to be held on either Dec16 or Dec 23

BANGKOK: -- Prime Minister Surayud Chulanont said Thursday that national elections would be held on either December 16 or 23.

"It will be either December 16 or 23, and the mechanism will be ready, including the constitution," he said.

"The referendum on a new constitution will be held no later than September," he added.

--The Nation 2007-03-30

Do they really need to hold an election two days before xmas I know this is Thailand but they also rely rather heavilly on the tourist dollar and closing all the bars in the peak season is just another dumb idea.

:o

That's the funniest distorted logic I've read in days...

Thanks for the laugh.

:D

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First draft of new Constitution publicized on April 19th

The Subcommittee on Public Participation President, Dr. Chermsak Pinthong (เจิมศักดิ์ ปิ่นทอง), says the first draft of the new Constitution will be publicized on April 19th.

Dr. Chermsak says the committee has staged public hearings in 76 province to allow people to take part in drafting the charter. He says the details are nearly completed. The first draft of the new Constitution is expected to be issued on April 19th.

Dr. Chermsak says once the draft has been issued, a stage will be held to gather people's opinions again. Then, the laws will be drafted, adding that the majority of people give importance to the law concerning their living conditions. However, they also request for more authority to scrutinize the government.

Source: Thai National News Bureau Public Relations Department - 31 March 2007

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  • 2 weeks later...

Draft constitution expected to reach conclusion Wednesday

CHON BURI - Constitution Drafting Committee (CDC) chairman Squadron Leader Prasong Soonsiri Sunday expressed his satisfaction with the progress of the draft of Thailand's new constitution. He expressed confidence that all debates concerning the new charter could be concluded Wednesday.

His remarks were made as the 35 member CDC gathered in the eastern resort of Bang Saen, southeast of Bangkok, for the third day with an objective to finish the drafting of the new constitution.

There are altogether 317 articles in the draft constitution but the number could be reduced as some articles could be merged, said Sqd. Ldr. Prasong, adding that he believed the draft charter could be ready by Wednesday.

Outstanding issues that are contained in the draft, according to the chairman, include allowing people to have a greater role in politics and bestowing more power to the people by reducing state power so that better control of the government's operations could be carried out efficiently and transparently.

Asked whether he was worried about ongoing moves by Buddhist groups demanding the new charter specify Buddhism as Thailand's national religion, Sq. Ldr. Prasong said he had personally received the request in writing yesterday and the issue would be brought for consideration by CDC members.

- MCOT

Edited by sriracha john
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