Drafters fulfil 10 designated requirements

Those requirements appear in Article 35 of the post-coup interim charter, in force after the military seized power from an elected government in May last year. Some of them did not exist in the previous 2007 Constitution.

Last week, the Constitution Drafting Committee (CDC) submitted the final charter draft to the National Reform Council, which will vote on it on September 6.

The first of the 10 requirements relates to the new constitution aiming to guarantee that Thailand remains an indivisible Kingdom. Provisions that are meant to guarantee this aspect are contained in Articles 1 and 268. They stipulate that the constitution cannot be amended to change the country’s system of government.

Regarding the requirement of having a democratic government with the King as head of state that is suitable to Thai society, the CDC defines that as being the country’s ruling system that has been used since 1932. 

CDC chairman Borwornsak Uwanno said a “suitable” system was one that did not lead to conflicts and protests that resulted in casualties or military coups. The administration must be internationally accepted, with Articles 7, 17, 165 and 138 supporting this aspect, he said.

The third requirement involves adopting mechanisms to prevent, investigate and eradicate corruption in the public and the private sectors including mechanisms that aim to ensure the state exercises its power for the benefit of the public.

Provisions that support this include Article 28, which identifies the duties of the people in preventing, rejecting and opposing corruption.

Articles 69-72 state that the public has the right to monitor and probe state and political office holders in an effort to prevent and suppress graft. The public can also ensure state budgets are being used correctly.

Article 48 centres on state agencies needing to disclose their budgets for advertising and media expenses in a bid to prevent politicians using state funds to boost their own popularity or that of their political parties.

The fourth requirement involves installing effective mechanisms that are supposed to stop people imprisoned for corruption or electoral fraud from holding political posts. 

An article supporting this aspect is 108, which bars the following people from holding office: fugitives whose trials have not ended and fugitives who escape court sentences or have reached the statute of limitations on their cases.

Article 14 bans MPs, senators and ministers impeached for violating the constitution or the law or severely breaching ethics from holding political posts.

The fifth requirement involves establishing effective mechanisms so state officials, especially political office holders, can carry out their duties independently without illegal interference and dominance from individuals or a group of people.

Article 76 supports this aspect and Articles 73-75 identify the punishments for prime ministers, ministers, senators and officials serving agencies established under the charter who violate ethics.

Article 233 bans political office holders and state officials from passing laws and issuing policies that favour their own businesses, their spouses, their children, their parents, and their stakeholders. 

The sixth requirement involves providing effective mechanisms designed to strengthen the rule of law, boost morality, ethics, and good governance at every level.

The requirement includes MPs and senators losing their jobs if they fail to attend at least one-fourth of the total parliamentary sessions, unless given permission by the Parliament president, and if they fail to exercise their voting right in Parliament in the specified times.

Article 200 dictates that local administrative organisations uphold good government and the balance between independence and providing quality services to the public. People have the right to probe and impeach the management of a local government and have access to state information, operation reports, and fiscal reports.

Article 206 indicates that officials in the justice system, plaintiffs and defendants, and lawyers must cooperate with courts in trials without delay. Officials in the justice system must carry out their duties without discrimination and conflicts of interest.

The seventh requirement includes initiating effective mechanisms that restructure social and economic systems in an effort to ensure justice and sustainability and prevent an administration from raising its popularity by resorting to populist policies that cause long-term damage to the economy and to the public.

Article 189 delivers measures designed to prevent “populist” policies by requiring budget analysis in the short and long terms.

The eighth requirement involves creating effective check mechanisms in government spending that aim to ensure state funds are spent on worthwhile projects that serve the public interest and suit the country’s financial situation.

Articles 70 and 71 indicate the check mechanisms the public can utilise. State agencies, private organisations, civil-society organisations, or any organisations that use state funds must disclose information on their operations for checking purposes, except national-security information or information prohibited by law. 

The ninth requirement is a bid to put in place effective mechanisms that prevent the destruction of the state’s principles.

Article 77 stipulates that the state must identify national strategies and issue policies that deliver maximum benefit to the public.

The 10th requirement involves introducing mechanisms to bring about reforms and includes Article 259, which allows the proposed National Strategic Reform and Reconciliation Committee to carry out reforms implemented by the National Reform Council and other state agencies that are designed to bridge social and economic disparities. 

Article 75 stipulates that a National Assessment Commission be established to evaluate the performance of agencies to see if they are abusing their power.