CDC writes new clause giving reform commission greater powers
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The Constitution Drafting Committee (CDC) decided yesterday to include a clause in the draft charter that gives the National Strategic Reform and Reconciliation Commission the authority to restore peace and unity in times of crisis, in addition to its nor
Borwornsak Uwanno, chairman of the CDC, said yesterday – after a day of deliberating key issues previously put on hold due to disagreements – that various relevant agencies had assessed the decade-long political divide, and agreed that conflicts could erupt again. Hence, he said, the CDC decided to include this clause in the draft charter so such conflicts do not return.
The commission will have the authority to restore peace and order, so the nation’s unity and sovereignty can be maintained. It should also help prevent, cease or suppress any acts deemed to undermine the nation’s peace and security, the monarchy, as well as the economy, or any acts seen as stirring violence or violating the law.
Borwornsak said the commission would first consult with the presidents of the Constitution Court and the Supreme Administrative Court before it votes on measures to be used and will need at least two-thirds of the votes to implement it. The aim is for the commission to end crises and bring the situation back to normal, and it must report to the chiefs of the House of Representatives, the Senate, the Constitution Court and the Supreme Administrative Court before informing the public.
“Once the commission puts its special powers in use, it will automatically mean the opening of the House, which means the commission’s use of power would be subject to scrutiny as well,” Borwornsak said. “If the commission’s members use excessive power, they will be scrutinised or even impeached. This clause was written without any hidden agenda. It is meant to help restore order when the government is unable to, and is authority can only last five years at the most.”
Borwornsak said the commission’s power would not include absolute power, such as that granted under National Council for Peace and Order’s Article 44, which covers administrative, legislative and judicial branches. In other words, the commission will not wield legal power and cannot order detentions or arrest of citizens.
