CDC considers setting 'duties of the state' for governments to follow

“Fundamental state policies” for the government were previously included in the 1997 and 2007 constitutions. 

“The previous charters said it was the people’s right [to get state services], but that didn’t really mean anything. For instance, they said you had the right to access information, but there is little you can do if the state doesn’t cooperate,” CDC chairman Meechai Ruchupan said yesterday before attending the CDC meeting.

“So we thought about that and figured out we should stipulate exactly what the state needs to do. That way, we won’t have to worry about what rights the people have or don’t have.” 

Meechai explained that the new charter would make it mandatory for the state to fulfil its duties, and if it fails then people could take legal action. Other than that, parliamentarians could also impeach those in authority on grounds of dereliction or negligence of duty.

When asked how this would differ from the chapter on “fundamental state policies”, he explained that “duties of the state” would be mandatory, while the policies are optional. 

As for the progress in drafting the charter, CDC spokesman Norachit Sinhaseni said the drafters have completed at least 49 articles, though they were not finalised and might be reviewed. 

On Monday, the CDC will meet with a sub-panel on legislative structures and discuss what electoral system the country should adopt. Meechai had said earlier this week that the mixed-member proportional system might be dropped because it was far too complex.

The CDC has said that it is always open to public opinion and had written to government agencies seeking suggestions. 

Deputy Prime Minister Wissanu Krea-ngam also revealed that the Cabinet would tell the CDC panel about the problems encountered in public administration since former PM Thaksin Shinawatra’s government, but he did not elaborate. 

Wissanu said the new charter should not just work on solving existing problems, but should also have a long-term vision so it does not become obsolete when new issues emerge. 

Meanwhile, Election Commissioner Somchai Srisuthiyakorn voiced support for the proposal to impose a life ban on corrupt politicians, so “decent people” can enter the political arena. However, he noted that the judicial process should be fair for all, adding that the ban should not have a retroactive effect, as that would not be fair to politicians. 

Asked if this measure would reduce election fraud, Somchai said it may deter politicians from buying votes, but may not work 100-per-cent because some candidates might |think they can make amends after winning.

Asked about giving the Election Commission (EC) the authority to issue red- and yellow-cards to temporarily ban politicians from running in elections, the commissioner said the issue had not yet been finalised. However, he said the EC would try to enhance its transparency and gain public trust. 

Meanwhile, social critic Gothom Arya said it was interesting that this CDC had chosen to list public “sanctions”, but warned that drafters should be careful with negative points. For instance, if the charter stipulated certain points were “not allowed”, he said, then it could mean that the public was free to do the opposite.