THURSDAY, April 25, 2024
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Reconciliation body 'will succeed where others have failed'

Reconciliation body 'will succeed where others have failed'

Constitution drafter Anek Laothamatas gave an exclusive interview to The Nation on Wednesday, explaining the details of the reconciliation process. The interview centred on the function of the reconciliation committee and its composition as well as the pr

DOES THE CONSTITUTION DRAFTING COMMITTEE HAVE THE NAMES OF THE 14 RECONCILIATION COMMITTEE MEMBERS IN MIND? 
No. Not yet. This clause has already been included in the draft of the charter. However, we have to wait until the draft passes the CDC’s examination [before acting on it].
Of the 14 members of this reconciliation committee, nine should be people who are neutral, highly respected and experienced and who understand the causes of conflict. Those nine members will select another five people from the conflicting parties.
 
IS IT NECESSARY FOR THE 14 MEMBERS OF THE COMMITTEES TO COME FROM ACADEMIA OR BE MEMBERS OF THE PRIVY COUNCIL? 
It is not necessary at all. As for the Privy Council, we have not thought about that, as I do not think that any members of the Privy Council could join the committee.
 
ARE THE CONFLICTING PARTIES THE PEOPLE’S DEMOCRATIC REFORM COMMITTEE (PDRC), THE UNITED FRONT FOR DEMOCRACY AGAINST DICTATORSHIP (UDD), AND THE PEOPLE’S ALLIANCE FOR DEMOCRACY (PAD)?
The charter does not mention the source of such a component, but by common sense, yes, they are. 
 
WHEN WILL THE RECONCILIATION COMMITTEE BE FORMED? 
Any time soon [after the constitution comes into force] because the committee will last only five years. And after five years, the committee will be able to continue its mandate [for another five years], if a referendum is held [supporting that].
 
THERE IS AN ISSUE LOOMING OVER THE POSSIBILITY THAT THE NATIONAL RECONCILIATION COMMITTEE WOULD PROPOSE THE ISSUANCE OF AN AMNESTY BILL OR THE IMPLEMENTATION OF A ROYAL PARDON [TO SOME WRONGDOERS INVOLVED IN POLITICAL DISPUTES]. HOW WOULD THIS LOOK IN REALITY? 
This would depend on the committee’s decision. The committee could eventually decide on whether to ask the government to issue a decree of pardon or amnesty. The two terms have different meanings; “pardon” means you did something wrong but were forgiven, while “amnesty” means your guilt was fully washed away. 
If there is a case involving amnesty, this would be done through a careful examination of the case. So there is no need to be afraid of a full-scale amnesty process. 
Amnesty is not something completely new in Thai politics. We used to have amnesty, not only for political matters but for many cases. The most important thing is that conciliation does not mean only pardon or amnesty. There are many components in it such as conflict resolutions and equality and justice. 
 
IN THE FUTURE, WHO WOULD BE ELIGIBLE TO RECEIVE AMNESTY? AND, WOULD FORMER PRIME MINISTER THAKSIN SHINAWATRA BE ELIGIBLE FOR AMNESTY?
We have not figured out all the details. [But] we would not grant amnesty in lese majeste cases or cases related to corruption and murder.
Everyone agrees that Thaksin’s case is related to the abuse of power and, therefore, is to be considered a corruption case. We do not have any intention to link it to the amnesty … Everyone has agreed on that.
 
WHEN WE TALK ABOUT RECONCILIATION, SOME PEOPLE SUGGEST THAT THE PRIME MINISTER SHOULD MEET WITH THAKSIN.
It is just a misunderstanding. Initially, Wanchai Sornsiri [a member of the National Reform Council] advanced the idea with good intentions but we don’t have plans for the prime minister to talk with anybody [related to the Thaksin case]. It is up to those in power, but we should begin with trust, rather than suggest he do this and that. 
 
WE’VE HAD MANY RECONCILIATION COMMITTEES IN THE PAST, BUT THEY FAILED. WHAT CAN WE EXPECT FROM THIS ONE?
We have to live with hope. We’ll do our best. This one is also different. In the past, the conciliation committee was set up by the government, which was a party in the conflict and was not accepted by the opposing party. 
But this time it is not the conflict party [that launched the process]. It is another new story. Sometimes we had charismatic people on the conciliation committee but they did not have constitutional authority. The new constitution will give them such authority. The new constitution will grant a clear mandate, resources and budget to the reconciliation committee. 
The new constitution will state that “the Cabinet and Parliament along with concerned state agencies should cooperate with the national reform committee, and allocate sufficient budget for remedies as required by the reconciliation committee”.
 
IS THAKSIN A KEY FACTOR IN THE RECONCILIATION? 
It’s rational but who will talk with him? … [But it is] not only Thaksin. Indeed, many figures in the conflict need to talk and they have talked together for some time. 
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