Face-off over charter change could lead to new violence
In a face-off with the Office of the Attorney-General (OAG), the Constitution Court stood by its earlier decision to ask for cooperation from Parliament to delay the charter-amendment process.
The OAG said on Thursday it would not forward six petitions to delay the process to the court, but the court insisted that it is still empowered under Article 68 of the Constitution to accept those petitions directly from complainants. In the latest statement issued yesterday, the court said its power is not affected by the OAG’s Thursday rejection of the six petitions, in which complainants suggested that the charter-amendment process might lead to an unconstitutional change of Thailand’s governance system.
According to the court, the OAG is not the sole authority on this matter because every Thai citizen may file such a petition with the court, which has the power to accept or reject.
The court earlier accepted those petitions and is scheduled to hold a hearing on the issue early next month. Therefore, it sought cooperation from Parliament to postpone the vote on the charter amendment bill.
This, however, has upset the ruling Pheu Thai Party, which wants to fast-track the process.
Whips from both government and opposition camps yesterday agreed that the joint session of the House and Senate would not yet go ahead with the vote on charter changes.
However, the attorney-general disagreed with the court’s position on this issue, saying in the Thursday statement that it found no grounds in the petitions that the charter-amendment process is unconstitutional. In other words, Parliament may go ahead with the vote on charter changes.
In the OAG’s opinion, Article 68 of the Constitution empowers the OAG to screen the petitions before they can be submitted to the Constitution Court for a hearing. The OAG also argued that charter changes are subject to a national referendum before any new constitution can be promulgated, so petitioning that the process is unconstitutional at this stage is groundless.
General Somjet Boonthanom, a senator and one of those who submitted a petition to the court, said it is wrong to rewrite the entire Constitution, Pheu Thai and other government MPs plan to do. He also urged the public to respect the court’s opinion on this issue, as it seeks cooperation from Parliament to conduct a hearing on the pros and cons of the charter-amendment process.
Opposition MPs earlier threatened to walk out if government MPs and senators went ahead with the vote on the charter amendment bill despite the court’s request for cooperation.
Kanit Na Nakorn, chairman of the Truth for Reconciliation Committee of Thailand, expressed concern over the ongoing political situation, saying the confrontation could renew conflict and lead to new violence.
Earlier, red-shirt supporters of the government began camping outside the Parliament compound to demonstrate support for the government-sponsored charter-amendment bill and to protest against the court’s decision to put a brake on the process.
Meanwhile, the People’s Alliance for Democracy (PAD) yellow shirts have urged all sides to respect the court’s decision and wait for the court’s ruling on the case.
The PAD also warned that they might take to the streets again if a new constitution, to be written after the amendment, would result in helping fugitive ex-premier Thaksin Shinawatra avoid his two-year jail term for abuse of power.
Again, this showdown over the charter-amendment bill has exposed the volatility of Thailand’s political landscape.
