Questions raised over Prayut's order on LRCT
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PRIME MINISTER Prayut Chan-o-cha's decision to invoke absolute power under Article 44 and abruptly suspend the selection process of new commissioners for the Law Reform Commission Thailand (LRCT) can either be seen as a move to restructure the agency unde
She is a member of the LRCT panel on gender-equality law reform.
Naiyana said the selection process was nearing completion with 22 candidates having been shortlisted, and the only positive interpretation of Prayut’s order is that the role of the commission will be changed under the new charter, so the selection process would no longer be suitable.
She added that the LRCT’s existence was necessary, as it offers advice on legislature and reform in a progressive and participatory manner, and played a different role from that of the Council of State.
“If we look at it positively, then they just want [the LRCT] to wait [for the new charter],” Naiyana told The Nation.
However, a negative interpretation would be that there is a lack of understanding of the LRCT’s role, which means the organisation’s future might be at risk, she said.
Prayut’s order on Wednesday includes the removal of all commissioners, whose term expired on May 13 but were still working in caretaker capacity, and to place the LRCT – devoid of new commissioners – under direct supervision of himself as prime minister.
Former LRCT president Kanit na Nakorn said he knew nothing about the motive behind Prayut’s order, which was issued in his capacity as leader of the National Council for Peace and Order. Kanit added he had complied with the order and stopped working as caretaker chief of the LRCT as of the end of Wednesday.
When asked what he thought led to this order, Kanit said he did not know.
“There’s nothing. You have to ask the secretary-general and the political [decision-maker],” he said, referring to LRCT secretary-general Laddawan Tantivitayapitak.
Laddawan said the move might have stemmed from Prayut’s desire to see the commission restructured under the new constitution, which is still being drafted, in order to push for coordinated legal reform.
She admitted that the 22 shortlisted people were not “inspiring”, which led to doubts if the new commissioners would be able to serve competently.
Laddawan said the 80-member secretariat, which she leads, would continue working without commissioners. She said she would contact the PM’s Office soon for directives, adding that the existence of the LRCT was essential in pushing for progressive law reform.
In a related development, Constitution Drafting Committee (CDC) chairman Borwornsak Uwanno denied that he or other drafters had a role in Prayut’s decision on the LRCT.
He added that though one charter drafter was among the 22 shortlisted candidates, nobody had ever raised the topic on whether the commission should be dissolved at any of the CDC meetings. Borwornsak said he might sue the woman, whom he did not identify by name, if she continues accusing him of being behind the order.
Separately, National Legislative Assembly member Somchai Sawangkarn admitted that he knew about the order in advance, claiming that the decision behind the move was to stop the selection process of new commissioners, which was being rigged.
What’s the Law Reform Commission of Thailand?
The Law Reform Commission of Thailand (LRCT), consisting of 11 commis
sioners and a secretariat of some 80 members, was created in 2011 to offer
advice and assist all parties with drafting laws.
It offers advice to the Cabinet, the Parliament and citizens, and also edu
cates the public about legal reform in all areas, including people’s participation
in natural-resource management, labour rights and management, gender
equality, women’s rights and more.
The 11 commissioners’ four-year term expired on May 13.
The LRCT has offered 150 pieces of advice touching on different draft legisla
tion since it was set up.
