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July 2014 : Interim Constitution 2014 (B.E. 2557)

  • His Majesty endorsed Interim Constitution
  • National Legislative Assembly 200 members appointed
  • NCPO revealed 2 months achievement
  • NACC indicted Yingluck guilty in Rice Pledge scheme
  • Rice stock checking almost done
  • Measures to help rice farmers
  • Yingluck accused of malfeasance in office service
  • Urgent need for dual track rail
  • Veera released upon Khmer King pardoned
  • A roadmap for educational reform
  • 7% VAT to continue another year
  • Study revealed Baht 300 minimum wage useless

    Interim Constitution got royal endorsement

    On 22 July, following His Majesty King Bhumipol endorsement of the interim constitution, at Klai Kangwon Palace in Hua Hin, Prachuab Kirikhan Province the King granted an audience to Gen. Prayuth Chan-ocha and bestowed him an interim charter.

    The interim charter has 48 sections and its significance are on:

    Section 6. On the number of the National Legislation Assembly (NLA) appointed members, not more than two hundred and twenty. They must be of Thai nationality by birth, of not less than forty years of age, etc.

    Section 8. On the disqualifications for NLA members:
    • being or having been a person holding any position in a political party within three years prior to the date of appointment;
    • having been under suspension of the right to vote; having been expelled, dismissed or removed from official service, State agency or State enterprise on the grounds of dishonest performance of duties or deemed as having committed dishonest acts or malfeasance in official service;
    • having been ordered by a judgment or an order of the Court that his assets shall vest in the State on the grounds of unusual wealth or an unusual increase of assets;
    • being under suspension of the right to hold political position or having been removed from office;
    • having been sentenced by a final and conclusive judgment for an offence related to malfeasance in office, an offence related to malfeasance in judicial office, an offence related to narcotics drugs or an offence related to gambling as he was a croupier or host;
    • having been sentenced by a final judgment to imprisonment except for an offence committed through negligence or a petty offence.
    • Etc.

    Section 10. On the National Legislative Assembly President and not Vice-Presidents, one and not more than two.

    Section 16. On the interrogation and debate, the NLA members are entitled to interrogate a Minister on any matter under his authority, but the Minister shall have the right to refuse a reply if that the matter deems not be disclosed on the ground of safety or vital interest of the State or that interrogation is prohibited by the rule of the National Legislative Assembly.

    A general debate would be held upon a motion support by not less than one-third of the total number of the members of the NLA but the vote of confidence or no-confidence shall not be made.

    Section 19. The number of Council Ministers, not more than thirty-five. They shall have the right to attend, and to give statements of fact or opinions to NLA or the National Reform Council, but having no right to vote.

    Section 20. On the disqualifications of the Ministers Council:
    • being of not less than forty years of age;
    • not being or having been a member of a political party within three years prior to the date of appointment, and not being under the prohibitions under section 8;
    • not being a member of the National Legislative Assembly, the National Reform Council, the Constitution Drafting Committee or local assembly or local administrator;
    • not being a judge of the Constitutional Court, a judge of any Court, a State Attorney, a commissioner of the Election Commission, an Ombudsman, a commissioner of the National Counter Corruption Commission, a commissioner of the State Audit Commission, the Auditor-General or a member of the Human Rights Commission.

    Section 27. On the duties of the National Reform Council (NRC) , to study and provide recommendation for reform in 11 fields:
    1. politics;
    2. administration of State affairs;
    3. laws and judicial procedure;
    4. local administration;
    5. education;
    6. economy;
    7. energy;
    8. public health and environment;
    9. mass communication
    10. social;
    11. others,

    Section 28. On the number of the NRC members, not more than two hundred and fifty. They must be of Thai nationality by birth with not less than thirty-five years of age.

    Section 32. On the number of the the Constitution Drafting Committee members, 36.

    Section 42. On the powers and duties of the National Council for Peace and Order (NCPO) , they shall exercise under this Constitution.
    Section 47. On all NCPO’s notifications and orders, shall be in force until it is amended or repealed by law, rule, regulation, resolution of the Council of Ministers or order.

    Section 48. On an amnesty for NCPO and its subordinates, all acts done in relation to the seizure and control of the administration of State affairs on the 22nd Day of May B.E. 2557 (2014) shall be exempted from all liabilities.

    King appointed 200 NLA members

    On 31 July, His Majesty the King issued a royal command appointing 200 members of the National Legislative Assembly (NLA) proposed by the National Council for Peace and Order. They comprises of 105 active and retired senior military officers, 10 high ranking police officers, and 85 academics and businesspersons.
    Regarding to the interim constitution, the NLA shall have not more than 220 members.

    NCPO accomplishment within 2 months

    The Council for Peace and Order (NCPO) summarized its performances within 2 months in 5 major fields:
    1. Security: provide domestic security, instill reconciliation and understanding on current situations and strengthen cooperation with the international community.
    2. Economic affairs: easing people's living costs, financial support for rice production, and approving project applications for tax privileges worth some Bt200 billion in total,
    3. Legislation and justice: enactment of 11 bills, extend the value-added tax (VAT) rate of 7 per cent by one year until September 30, 2015.
    4. Social: dealt with many problems such as crime, narcotics, smuggling, trafficking, management of migrant workers, drafting of education roadmap, setting up reconciliation centers in every province.
    5. Others: facilitating means to receive public opinions and complaints.

    NIDA Poll studied between 24 to 25 July 2014 revealed that 66.48% of the studied group was more content from the decrease of political conflict and societal rift. Satisfactions were also on the lessening of traffic jam, farmers’ debt payment etc.

    While 29.94% was neutral due to no change seen, 4.94% was negative and less content from the increase of living cost.

    On 29 July, the 1st army area command, NCPO officers and the National Police disclosed a record of their operations on the seizure of arm weapons, narcotics, gambling house and illegal logging arrest. Some of weapons seized were presented to the media.

    NACC indicted Yingluck guilty in rice pledging

    On 17 July the National Anti-Corruption Commission (NACC) unanimously voted 7:0 that Yingluck Shinawatra was guilty of dereliction of duty in overseeing the rice-pledging scheme. She would be charge of violated article 157 of the Criminal Code Law and article 123/1 of the Anti-Corruption Law.

    From the investigation, NACC resolved Yingluck, as government leader and chair of the National Rice Policy Committee, had failed to fight alleged corruption pertaining to the government controversial program. Despite knowing about corruption at all stages, including moves to smuggle rice from neighboring countries to reap benefits from the scheme, she did not try to stop the scheme's losses, though she had the authority to stop or end it,

    Yingluck, earlier argued that she had taken measures to fight the alleged misconduct among working-level government officials and rice dealers involved in the purchases and distributions of rice under the government program, could possibly be deposed in retroactive fashion and banned from politics for a five-years period if finally found guilty as charged by the upper house.

    The NACC decision came on the day that the National Council for Peace and Order approved Yingluck's request to travel to Europe with her son.

    Rice stock checking almost done

    The sub-committee on rice stock checking reported that the operation, started since 2 July, facilitated by the army, has checked 1,290 out of a total of 1,787 silos countrywide. The amount was 72% of the total rice stock and only 10% was damaged or inconsistent to the inventory record.

    Measures to help rice farmers

    On 2 July, the NCPO meeting chaired by Gen. Prayuth Chan-ocha approved a Baht 4,804.1 million to help rice farmers of the 2014/2015 crops. The budget will be allocated to the Bank of Agriculture and Agricultural Cooperatives (BAAC) and to be used in 3 actions:
    1. A Bath 2,292 million will be used to refinance the current debtors. Each debtor will get a loan of Baht 50,000 maximum at 3% interest rate for a period of 6 months.
    2. A Baht 700 million will be used for the purchase of new stock.
    3. A Baht 1,100 million will be used to delay the selling of current stock.

    Yingluck accused of malfeasance in office service

    On 28 July, the Election Commission investigation sub-committee resolved former Prime Minister Yingluck Shinawatra and 8 cabinet members had used their authority and state’s resources to facilitate members of the Phue Thai party in their campaign in the 2 February 2014 general election. The deed was against Article 137 of the Election Act.

    After the House dissolved on 9 December 2013, Yingluck and some of the caretaking cabinet members travel around several places in the central, north and northeast regions. The tours were deemed of malfeasance in office service and they would be summoned to defend themselves.

    If the EC resolve the action guilty, the case would be trial in court and penalty could be a 1-10 year jail term, Baht 20,000-200,000 fine and 10 years purging from election right.
    As two cabinet members in the group, Plodprasop Suraswadee and Charupong Ruengsuwan were Phue Thai party executive members, the case could also be trial in the Constitutional Court in which penalty could be a party dissoltion.

    Dual track rail line to be built shortly

    The Transport Ministry disclosed the CMPO approved a transportation strategic plan to be implemented in 2015-2022. Among those, a Baht 127,427 million would be used in the construction of the current 6 single track rail lines into a dual track system. Another Baht 741,460 million will be used to build two new standard dual track electric rail line. These two projects would be commenced shortly in 2014-2015.

    Khmer King pardon Veera

    On 2 July Veera Somkwamkid returned to Thailand after 3 and a half years in Cambodia prison. He received a pardon from King Narodom on 1 July.

    Veera was captured on 21 August 2010 when he accompanied former Democrat MP Panich Vikitseth and his team to inspect the Thai-Cambodia boundary in Ban Nong Chan, Khok Soong District, Sa Kae Province. Residents in the area complained Khmer troops invaded their farms.

    Panich and 4 followers were released shortly but Veera and Ms. Ratree Pipatanapaiboon were trialed in court. Both were alleged of conspiracy and intruding and were sentenced to 8 years jail term.

    While Ratree was pardoned and returned to Thailand on 1 February 2013, Veera remained in jail until Thai acting minister of Foreign Affairs Sihasak Phuangketkeow made an officially visited Cambodia. Eang Sophalleth, an aide to Hun Sen, said Veera was freed in response to a request by General Prayuth Chan-ocha

    An educational reform roadmap

    Permanent secretary of Education Dr. Suthasri Wongsamarn disclosed a resolution from the meeting between the Ministry and NCPO deputy chief Admiral Narong Pipatanasai that both parties resolved on the conclusion and suggestions of educational reform roadmap that will be proposed to the Head of Social Psychology Division of the army-led National Council for Peace and Order (NCPO) at the end of July.


    The roadmap will then be put into action, focusing on teacher quality reform, including raising teaching standards, solving teachers’ debt problems, solving teacher shortages, followed by education management system and instructional practice reforms, with the national budget for the education reform projected at Bt502.245 billion for the 2015 fiscal year.

    A public hearing was organized on 16 July on this matter and opinions could be sent through a website www.edreform.moe.go.th and facebook: www.facebook.com/thailandreform

    7% VAT to continue another year

    On 17 July, the NCPO announced the 7% VAT would be extended for another year or until 30 September 2015. Afterward it would be increased to 10%.

    A study revealed Baht 300 minimum wage worthless

    Thailand Development Research Institute ( TDRI) disclosed its study on the result of the public policy on the increase of minimum wage to Baht 300 daily. Statistics on personals and households income, expenditures and market prices in 2011 and 2013 were collected and compared. It was found that though average income per worker and household increased at 13%, expenditure increased at 16% due to there was no measure to control market prices. The results were living standard was not better, unable to save and in vice versa saving decreased. It was also found that the policy lured people to overspend while actual currency devalued. It was estimated that a Baht 300 in 2015 would equal to a current Baht 274.
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