CDC agrees to amend draft constitution

CDC agrees to amend draft constitution

Meechai Ruchupan, supported by Constitution Drafting Committee members (left) addressed parliament Wednesday. (Photo by Chanat Katanyu)
Meechai Ruchupan, supported by Constitution Drafting Committee members (left) addressed parliament Wednesday. (Photo by Chanat Katanyu)

The Constitution Drafting Committee (CDC) has agreed to revise the draft charter to ensure the general election process conforms to the government's political roadmap.

The move follows Prime Minister Prayut Chan-o-cha's remarks that the general election is to be held in July 2017. This is under the government's political roadmap which took effect in November 2015, and which was envisaged lasting up to 25 months until late 2017. 

Concerns over election delays have been raised after the CDC released its draft charter, with provisional clauses saying the election of MPs would be held within 150 days after the National Legislative Assembly enacts the last of the 10 organic laws.

The process of the CDC drafting the organic laws and their enactment is expected to last up to eight months. However, a legal question has been raised over what will happen if not all the 10 organic laws are enacted within the deadline. 

The provisional clauses say that in such an event, the current CDC will be dissolved and a replacement will be established to complete the drafting of the remaining organic laws, a task that would further lengthen the roadmap. 

CDC head Meechai Ruchupan said the committee considered amending the clauses dealing with the drafting and deliberation process of the 10 organic laws. It is likely that only five to six organic laws necessary for holding elections will be completed to allow for early elections.

"Eight months for drafting 10 organic laws is tough for us, so we will find a way to manage. We may accelerate only the election-related laws so the election process can get under way in line with the roadmap," he said.

Mr Meechai also voiced concerns about the public's understanding about the draft charter after former National Reform Council chairman Thienchay Kirananda criticised the document for giving too much power to public independent agencies and the Constitutional Court.

"This is worrying. People like him [Mr Thienchay] picked up what the critics said. If he had read the draft through and through, he'd have known the Constitutional Court won't receive more power than it already has," he said.

Deputy Prime Minister Wissanu Krea-ngam said Section 44 of the interim charter can be invoked to issue regulations governing the planned charter referendum expected in July.

He said details about the referendum process will become clearer next week. These include actions to be taken should there be any obstructions to the referendum and an attempt to rig the outcome.

Meanwhile, Democrat Party leader Abhisit Vejajjiva said one of the draft's major shortfalls is a lack of mechanisms that allow people to keep the use of state power in check.

In terms of public participation in checks and balances, the Meechai draft is lagging far behind the 1997 and the 2007 versions and these flaws should be fixed, Mr Abhisit said.

Thammasat University law lecturer Parinya Thewanarumitkul expressed concern about the provisional clauses that retain the regime chief's powers until a new government takes office. He also said independent agencies are deemed to be more efficient in the draft charter but the way the Senate would be composed is also controversial.

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