Govt aims to amend charter to facilitate Thaksin's return

FRIDAY, DECEMBER 16, 2011
Govt aims to amend charter to facilitate Thaksin's return

The Yingluck government is planning to start the process of amending the Constitution after the New Year.

According to Dr Weng Toji-rakarn, a party-list MP of the ruling Pheu Thai Party, draft legislation to amend the charter is now ready for Cabinet consideration.

There will also be a national assembly of charter drafters, called Sor Sor Lor 3, similar to two previous assemblies set up to draft the 1997 and 2007 charters.
Sor Sor Lor 3’s task is to nullify articles added to the current charter following the 2006 coup detat.
This attempt will be highly politically divisive, as critics and opponents of the government will likely mount strong opposition to any such alterations. This could lead to another round of political confrontations between the pro- and anti-Thaksin Shinawatra groups.
Ex-premier Thaksin, the older brother of Prime Minister Yingluck, reportedly hopes that a sweeping revamp of the current charter will re-set his political time machine. His wish is that the after-effects of the 2006 coup that overthrew his government will be nullified via the constitutional amendment being prepared by his sister’s administration.
The former premier is currently a fugitive, avoiding a two-year jail term handed down for abuse of powers under the national anti-corruption law while he was in office.
In addition, more than Bt40 billion of his wealth was confiscated by the state during the tenure of the previous Abhisit Vejjajiva government, after the Supreme Court on political offences ruled that he had abused his powers for personal and family benefits.
The Bt40-billion-plus asset confiscation by the state was a big chunk of the funds resulting from the sale of a controlling stake in Thaksin’s Shin Corp to Temasek Group of Singapore.
The Supreme Court ruled that the ex-premier had misused his powers to benefit the stock rating of Shin Corp while he was in office.
Shin Corp’s subsidiaries include AIS, the country’s largest mobile phone operator, and Shin Satellite, which holds a state concession on satellite services.
However, despite the government’s apparent enthusiasm, constitutional amendments to undo all these barriers to Thaksin’s return to Thailand will be a Herculean and time-consuming task. There will be several hurdles to cross, including a national referendum on politically explosive issues concerning the integrity of the country’s judicial system.
At this stage, Dr Weng, a leader of the pro-Thaksin red-shirt movement, says that such a referendum will allow voters to choose between the 1997 charter and the current 2007 charter.
Weng also noted that the role of independent bodies such as the Election Commission, and other crucial issues, would be reviewed during the process of amending the current charter.
This fresh attempt to amend the Constitution follows a botched bid to seek a royal pardon for Thaksin on the occasion of His Majesty the King’s December 5 birthday celebration.
Besides the two-year jail term resulting from violation of the national anti-graft law, Thaksin would also face another three or four criminal lawsuits pending in court if he does eventually return to Thailand.
As a result, the ex-premier may prefer constitutional amendments to other methods, hoping that his grassroots support of 15 million voters in the last general election will help ensure success.