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February 2007 : Ten principles for the new charter

  • The Constitution Drafting Committee laid ten principles for the new charter.
  • Surayud’s administration scores 2.57 out of 4 in poll.
  • The Supreme Court overruled the 6,039 million baht compensation of the Expressway Authority.
  • The cabinet allocates 10 billion Bt for community development project.
  • Don Muang to reopen as 2nd international airport.
  • A string of coordinated bombings and arson attacks hit more than 30 targets in the southernmost provinces.
  • The Immigration Office and the Consumer Protection Office would be transformed to the Ministry of Justice.
  • The Ministry of Education decided to suspend the draft bills on university autonomy on reason that it should wait until the common bill becomes enforceable.
  • The Election Commission regulated an election measure with principle to reconcile all parties before filing law suit.
  • Two new ministers were appointed to the Ministry of Commerce and Education.
  • The cabinet approved the draft bill on Southern Border Provinces Administration Center with principle to empower the center to solve the southern violence.
  • iTV licence could be revoked if the company fails to pay fines and fees of 102.21 billion baht by March 6 deadline.


Ten principles for the new charter

Prasong Sonsiri, elected chairman of the Constitution Drafting Committee [ CDC] disclosed 10 basic principles of the new charter namely: 1] Thailand is one and indivisible Kingdom 2] The country shall be ruled under the constitutional monarchy , 3] The King is in a position of revered worship and shall not be violated, 4] The country shall be ruled by law, 5] The state shall be ruled through parliamentary system, 6] The sovereign power belongs to the Thai people and the King shall exercise that power through the parliament, cabinet and the courts, 7] The constitution is the supreme law of the state and any law, rule or regulation, which are contrary to or inconsistent with the constitution, shall be unenforceable, 8] Whenever no provision under the constitution is applicable to any case, it shall be decided in accordance with the constitution practice in the democratic regime of government with the King as Head of the state, 9] The Thai people, irrespective of their origins, sexes or religious, shall be equally protected , and 10] The courts are freely to trial and adjudicate all cases in the name of the King in accordance with the constitution and laws.

The CDC was divided into three subcommittees– 1.] A sub-committee on rights and freedom, public participation and decentralization to consider on human rights and liabilities and decentralization to local authorities 2.] A sub-committee on political institution to consider on the legislative and administrative bodies, political-bureaucracy relation, moral and ethics, and 3.] A sub-committee on constitutional organs and jurisdiction to consider on jurisdiction, monitoring and auditing of state power and ombudsman and each sub-committees submitted their first principle framework of the charter as follow:

The sub-committee on rights and freedom, public participation and decentralization has discussed on directive principles of fundamental state policies, international state contract, press and media and on human rights and liabilities.

The sub-committee on political institution and parliamentary system proposed a dual assembly consist of a House of Reps, consist of 400 constituency MPs, without party-list MPs, whereas each constituency should have maximum of 3 MPs. Punishment of election fraud is applicable to both the “buyer” and “seller”, the prime minister shall come from constituency MP There shall not be party-list MPs and positioning is limited to 2 terms or 8 years.

The sub-committee on constitutional organs and jurisdiction proposed establishment of a election court within the supreme court. All independent organizations and courts shall be retained with improvement on administration and selection process, particularly on the Constitutional Court and National Counter Corruption Commission.

However all those proposals are not final and should be voted by all members of the CDC during their assembly in Petchburi province between March 5-10, 2007.

Poll scores Surayud’s administration 2.57 out of 4l.

The Surayud administration received 2.57 out of 4 in the opinion poll conducted among 6,880 adults in all regions of the country from January 25-28, the National Statistical Office reported to the Cabinet’s weekly meeting on February 13. Highest score is in corruption-busting at 40 per cent while the most needed is domestic security. There were recommendations on efficiency, accountability, poverty eradication, promotion of job and control of consumers goods prices.

Matichon newspaper, at the same time, scoring the government only 2, equivalent to failed, for its performances between November 2006 to February 2007 with reason that out of 935 cabinet’s approval none is excellent.

On November 2006 , a draft bill to legalize the 2/3-digit lottery and five draft bills on autonomy university were strongly opposed by the public while an approval of a draft bill on alcohol ads ban was later withdrew from the parliament. Only a tax incentive measure to support social development policy and a lift of marshal law in some area were good.

On December 2006 a housing project for the less-privilege, an increase of monthly pension for senior citizen from 300 to 500 baht, a draft bill on domestic violence protection, and the amendment of the criminal file suit of the political position act, and an re-establishment of the Southern Border Provinces Administrative Center [ SBPAC] were approved but only the latest could be claimed as a “flag ship”.

On January 2007 only an approval to establish a poverty eradication center in regards with sufficiency economy, a ministerial regulation to mandate every business of employees exceed 200 to employ a minimum of one disabled person and the order of good cooperation of all public agencies to the Asset Examination Committee were significant.

And on February 2007 two draft bills on SBPAC and electronic transaction were interesting.

Expressway compensation overruled

The Supreme Court, on February 15, overruled the Civil Court ruling that order the Expressway Authority to pay a compensation of 6,039 million baht plus 7.5 per cent annual interest to the joint venture group comprising of Bilfinger Berger AG, CH. Karnchang Plc. and Walther Beau AG.

The case was put to Court on December 30, 2002 after the authority failed to comply with the arbitrator’s order, dated September 2000, that the authority should pay the compensation due to late consignment of appropriation land for the construction of the expressway.

The first Civil Court ruled that the authority should pay but the appeal was lodged to the Supreme Court and the verdict was overruled.

Green light on grass root projects

The cabinet meeting on February 20 approved a budget of 10,000 million baht altogether for two community development projects, one on the community level and another on the provincial level. Each shall receive 5,000 million baht to boost the sufficiency economy policy.

The budget was increased from 9,728 million baht previously allocated to the scrapped SML project after it was found out that the project was ineffective in administration and direction. Moreover, there was no agency to monitor the project outcome.

Don Muang to be 2nd international airport

The cabinet on February 6 resolved to reopen Don Muang Airport, starts from March 25, for second Bangkok international airport to serve the growing number of passengers that Suvarnabhumi alone could not serve during the closing of some run ways and taxi ways for repairs.

Meanwhile, three budget airliners, AisAsia, Jet Star Asia and Tiger Air, are expected to move to Don Muang Airport while Thai International along withmore than 60 airlines have confirmed they will stay at Suvarnabhumi.

Blasts, arson rock South

A string of coordinated bombings and arson attacks hit more than 30 targets in the southernmost provinces of Yala, Pattani, Narathiwat and Songkhla, on the night of February 18 and into 19 Chinese new year, causing a widespread blackout, killing 6 people and injured 60. Schools, a power plant, a rubber plant, a car showroom and some entertainment spots were on fire and blasted and it was one of the most destructive attack since the beginning of 207.

Though no group claimed their act it was believed that the responsible was the carried out of the BRN- coordinated.

Ministry of justice gets 2 new agencies

The Ministry of Justice meeting on February 12 agreed to receive two new agencies; the Immigration Office and the Consumer Protection Office. The Immigration Office is currently under the National Police Agency which under the restructure program a few non-policing activities, including the Immigration Office, the Water Police, the Railway Police and the Fprest police, should be transformed to other ministries while the Consumer Protection Office is currently under supervision of the Office of the Prime Minister.

University bills deregulated

The Ministry of Education decided to suspend the draft bills on university autonomy on reason that it should wait until the common bill becomes enforceable. Meanwhile, some regulation on university personals is being revised to ensure the staff professional security and pay list should comply with the civil servant codes.

The cabinet had previously given approval for the university bill, which aims to reduce bureaucracy under the leadership of education ministry. However, the move has sparked opposition from students and officials, especially at Burapha, Khon Kaen, Silpakorn, Chulalongkorn, Kasetsart, Thammasart universities and King Mongkut Institute of Technology. Critics said the move would lead to the privatization of state universities. The government decided to freeze the legislation by allowing universities to conduct public hearing, and the universities deregulation bill is waiting for submission to the National legislative Assembly [NLA] before implementation.

Election reconciliation panel

The Election Commission [ EC] regulated an election measure effected on February 6 with principle to reconcile all parties before filing law suit. The first step is to educate the candidates on election law and regulations, particularly on the EC’s authority and culture. Regards to the new regulation, any election complaint or protest should be submitted to the provincial election commission to decide, within 3 days, whether it should be proceed to the reconciliation panel or not. If the complaint is from misunderstanding, the panel should call both parties for reconciliation and the case should be finished within 3 days, too.

Royal endorsement for 2 new ministers

HM the King on February 1 gave royal endorsement for 2 new ministers, Mrs. Ornut O-stanond as deputy minister of commerce and Warakorn Samkoset as deputy minister of education. The two ministers were selected by Prime Minister Surayud Chulanont to serve the two overloading ministries.

SBPAC enactment

The cabinet on February 13 approved the draft bill on Southern Border Provinces Administration Center with principle to empower the center to solve the southern violence. The bill shall be submitted to the National Legislative Assembly for scrutinize before become enactment. The NLA shall appoint a 24-members panel to deliberate the bill within 7 days.

iTV resolution

The cabinet on February 28 decided to pursue the legal pressure on iTV for the payment of the Bt 2.21 billion in concession fees and the Bt100 billion in fines for violations of its programming requirements. If the company fails to pay on the March 6, 2007 deadline its concession would be revoked and the company is obligated to meet its financial responsibilities. The Office of the Prime Minister is ready to supervise broadcasting during the transition period and all 1,700 employees could re-apply to the job.

If iTV licence is revoked the company shall pay compensation to all its employees in regards to the act.

From : http://www.fpps.or.th