Charter will ensure more scrutiny

Paiboon Nititawan, a member of the Constitution Drafting Committee (CDC), said on Friday that empowering people to scrutinise the use of government authority is necessary to lead to better justice in Thailand.

“Before May 22 last year [before the coup], the process of scrutinising the government was clearly weak, which led to people’s movement on the streets. 

So stipulating people’s rights to scrutinise the government more will promote better justice,” said Paiboon.

He is also responsible for the matter of government and state scrutiny in the charter draft.

Regarding the organisations involved with scrutiny of the government, the CDC had stipulated that the members of such bodies must declare their assets and debts to the public, and also that the members would be evaluated by the National Evaluation Committee.

During the National Reform Council (NRC) meeting to scrutinise and suggest their opinions regarding the new constitution draft, CDC member Lertrat Ratanawanit reserved his rights on discussing the two main topics covering independent organisations – particularly the Election Commission (EC) and the newly established independent body “Election Organising Committee”.

Lertrat pointed out that authority to give a red card to candidates by the EC was highly inappropriate, reasoning that such an authority impinges on the democratic rights of people who the right to elect candidates. He said giving such an authority to an independent body is unlawful.

“If the EC has the authority to give red cards, there would be a question about the rule of law, and the authority should be within legislative organisations,” Lertrat said.

The CDC member then explained that giving a legislative organisation the power would be more lawful, citing the practices of countries such as Germany and Britain that also used this system.

Meanwhile, another CDC member Nareewan Chintakanond, who is also deputy chairman of the drafting committee, added that members of organisations responsible for scrutinising the government’s use of power in any agencies can only serve one term and with one organisation.

Therefore, the draft states that members of independent bodies cannot participate in other scrutinising agencies, in order to ensure decentralisation.

However, after the CDC had explained such matters, reformers resumed their debate. Kachadpai Burusapatana voiced concern over the chapter on independent organisations that merges the National Human Rights Commission and the Office of Ombudsman. He told the CDC that merging these bodies is not the right action.

Another NRC member Churirat Chullachakkawat, who is also a member of the Election Commission in Chiang Mai province, proposed to the CDC to look at setting up a new election body.