Final clause of charter lets junta off hook for coup
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THE Constitution Drafting Committee (CDC) yesterday spent only 30 seconds deliberating the last clause of the draft constitution that would in effect grant amnesty to the junta for its involvement in the coup last May.
Article 315 of the draft charter states that any act recognised by the post-coup provisional charter as lawful and constitutional should also be considered the same way under the new constitution.
This clause is based on Article 309 – the last month – of the Constitution of 2007, which was abolished after the military seized power and set up the National Council for Peace and Order.
Meeting at Parliament, the constitution drafters approved the clause without detailed debate. Some CDC members had earlier commented publicly that they would suggest revising the clause, particularly the part that cites the previous Constitution of 2007.
Article 309 states: “All acts recognised in the interim constitution of 2006 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.”
Meanwhile, Thienchay Kirananda, president of the National Reform Council, said yesterday that the NRC would not endorse the draft constitution if there were any “blemish” considered unacceptable to the public. When asked to define “blemish”, he said that would be identified by the public.
Thienchay said the NRC might debate whether there should be a national referendum on the new constitution. He added, however, that the council would take three or four months deliberating the draft charter and he thought a referendum might be considered unnecessary eventually.
In a related development, the NRC’s committee on political reform yesterday began a two-day seminar to decide what issues it will raise at its meeting on the draft constitution next month.
Nirun Pantarakit, a committee member, said the panel members would focus on six areas – the electoral system, the selection of senators, the administration, the Parliament, the political parties, and the new organisations to be set up under the new constitution.
Meanwhile, former Senate Speaker Nikom Wairatpanit called for a live broadcast of the NRC meeting on the draft constitution. He said such a broadcast would allow the public to learn about the content of the new charter.
