Drastic ideas from reformers on charter

HAVING PARLIAMENT choose the prime minister, limiting martial law to absolute emergencies threatening the Kingdom’s survival, prohibiting military courts from trying civilians, and downsizing the police force.

Those were some of the wide-ranging proposals for the new constitution Kanit Na Nakorn, chairman of the Law Reform Commission of Thailand (LRCT), made on behalf of the commission yesterday.

The LRCT proposals on how the next charter should look include a stipulation that the military maintain political neutrality and an increase in rights to defend the constitution.

The commission also said it should be stated that no one should drag the monarchy into politics.

More radical proposals include doing away with police ranking and separating some offices from police control as part of a reform that includes downsizing the force. The commission also urged improvement in the so-called independent organisations that play a scrutiny role.

The LRCT proposed that individuals sentenced by a court for corruption or homicide should not be granted a pardon.

It proposed that the results of referendums should be binding.

On rights and liberty, the LRCT suggested the charter drafters stick to what was written in the 2007 Constitution, while stressing the importance of maintaining the principle of the rule of law and making explicit the consequences to government of not adhering to that principle.

The LRCT is of the opinion that martial law should only be declared when the survival of the Kingdom is at stake, with a finite time frame and limited scope in terms of area.

On national reconciliation, it proposed that facts about the roots of political conflict be made into lessons on sustainable reconciliation. The so-called transitional justice concept should be applied, where amnesty is granted to those who did not commit a political crime, but not to those found guilty of harming or killing people during political upheaval.

As for the role of the cabinet after dissolution of the House of Representatives, the new charter should make it clear what can and cannot be done in order to avoid conflict of interest during election campaigns.

On decentralisation, the state should explicitly vow to push for all provinces eventually to become self-governing. Local administrative bodies should also be able to collect tax and a local citizen council established.

On the judicial system, the LRCT proposed that those who have been judged by the Supreme Court should have the right to appeal for a retrial.