ศาสตร์เกษตรดินปุ๋ย : ขอบคุณแหล่งข้อมูล : หนังสือพิมพ์ The Nation
The Constitution Drafting Commission (CDC) has rewritten seven major articles in the critical rights and liberties chapter of the draft charter as requested by rights advocates as well as civil and international organisations.
At least seven articles have been revised.
CDC spokesman Chartchai na Chiangmai said yesterday that the drafters had revised the articles to make them more complete, underlining rights guarantees and protections in line with advocates’ appeals.
In the initial draft released in late January, the CDC introduced a new approach to framing a constitution, which principally stated that people would be able to enjoy all the rights and liberties that were not explicitly prohibited by other laws.
Only certain kinds of rights were addressed specifically in the chapter, including the right to equal treatment under the law, the right to one’s own body, the right of freedom of expression and so on.
Also in the initial draft, they transferred most of rights to the chapter on “state’s duties”, meaning that governments would be required to provide for and fulfil those rights for citizens.
However, the idea was not welcomed by rights advocates and civil organisations, who consistently attacked the draft for excluding clear references to rights and liberties, especially in regard to the community individuals’ right to file petition against the state.
To give more assurance on rights and liberties, Chartchai said the CDC added a clause to Article 25, which states that people would be able to enjoy all rights and liberties not
contravened by law, that now
allows people to defend their
rights in the courts.
To ensure that no laws deprive people of their rights and liberties, the CDC has underlined that new legislation should not violate the rule of law although the charter was quiet on existing laws, Chartchai added.
In Article 41, the CDC also underlined the right of people to file petitions against the state and established the penalties that wrongdoers in government would face, he said.
The commission also added specific right to information, right to receive benefits from the state, and right to comment on state projects in line with community interests, according to Chartchai.