CDC panels do outline of charter

The Constitution Drafting Committee’s 10 sub-panels have wrapped up their initial outline of the charter and it will be submitted to the CDC for approval tomorrow, the body’s spokesman Lertrat Ratanavanich said yesterday.

Constitutional and civil rights were highlighted with a call for people to respect the rights of others including minority voices, and public participation in politics including the checks-and-balances processes to be a focus.

For example, under the proposals public hearings would be required in city and town planning before approval is given for any regulations that affect the public.

In relation to selecting moral political leaders and a good system for lawmakers, it was stressed that MPs and senators must win their posts through a transparent system. 

They will face a tough selection process, as they and their families would also face heavy scrutiny dating back five years.

The following offences would disqualify them for running for office: tax evasion, unethical conduct and scandals. Officials could spend up to three months checking a candidate’s background and qualifications. 

To deter vote buying, an expansive constituency election system has been recommended. 

Also, the number of senators could make up half of a new Parliament (up from 150 seats in the previous Parliament). 

There would be elected senators from 77 provinces and those appointed in accordance with their professions. Senators would face the same background check as MPs.

And in a bid to further enhance the checks-and-balances between Parliament and the government, it would not be a requirement that MPs come under the banner of political party.

The CDC panels are divided over whether or not to have a direct election for the PM and the Cabinet. 

However, it has been proposed that a court be established to prevent graft and grave damage to the country’s finances. 

The court would try cases that affect the country’s financial discipline including irresponsible budget spending. 

It would be empowered to pre-empt a government splurging state funds without taking into account the country’s financial discipline and potentially causing heavy financial losses.

In other proposals, people would be allowed to directly seek the impeachment of politicians, while the Cabinet as a whole would be held accountable for any damages stemming from it approving policies or implementing laws and regulations with a negative impact. Previously, only the relevant minister was held accountable.

In another move, political office-holders could not wield influence over the bureaucratic sector, as they would no longer have the right to transfer or appoint state officials. 

A body similar to the Defence Council would be set up to manage the appointment and transfer of state officials. On decentralisation, the structure of local government consists of two types under one proposal – a council of representatives selected by the civic sector, and a mixture of elected councillors and representatives from the civic sector.

On judicial reform, the authority and responsibilities of courts would be changed but details about this are still pending.

Also, more independent agencies would be set up to carry out checks.

As part of the reform process designed to create national reconciliation, a body called the Peace Commissioner would be set up under the jurisdiction of Parliament. This body would be charged with trying to diffuse conflicts through the threat of legal action.

Meanwhile, hopes of a general election being called as early as February 2016 may become a reality after the Constitution Drafting Committee revealed that it expected to complete the charter draft by April 7.

CDC spokesman Kamnoon Sidhisamarn yesterday revealed the charter-drafting timeline, which showed that the first provision of the charter is slated to be drafted on January 5, and the whole charter draft would be completed by April 7. 

However, lawmakers may take up until July to write the necessary constitutional organic laws. 

There could be another three months added to the process if a public referendum is held.

 

 

Timeline on the charter-drafting process

 

December 1: Sub10-panels propose charter-drafting framework to the Charter Drafting Committee

December 2-14: The CDC discusses the proposed content from 10 panels

December 15-17: The CDC listens to the opinions of the National Reform Council

December 19: The NRC submits its recommendations to the CDC

December 26-28: The CDC outlines the charter draft

January 5: The drafting of each provision of the charter commences

April 7: The charter draft is completed