SPECIAL REPORT: Parties urged to unite in allowing largest coalition to form govt

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SPECIAL REPORT: Parties urged to unite in allowing largest coalition to form govt

politics November 12, 2018 01:00

By SOMROUTAI SAPSOMBOON
THE NATION

TWO KEY red-shirt leaders are calling for a “social contract” among political parties before they start contesting in the next election, so there are no renewed conflicts, no more loss of lives or damage to the country.

Jatuporn Promphan and Yongyuth Tiyapairat said parties should agree that a coalition with majority support in the 500-MP House of Representatives be allowed to form the next government and must be regarded as having secured the mandate from voters.

The two red-shirt leaders are self-appointed “cheerleaders” of a new political party called Puea Chat or “For the Nation”, and insist they are just supporters, not members of the party, which is dominated by red-shirt figures.

Both politicians were found guilty in court in separate cases, and are technically prohibited by law from joining any political party or contesting an election.

Jatuporn accepts the restrictions, but Yongyuth, a former House speaker and Parliament president, insists he still has political rights, though he has chosen to stay out of politics for the sake of peace and democracy.

Previously the top leader of the red-shirt umbrella group, United Front of Democracy against Dictatorship (UDD), Jatuporn said the junta-appointed Senate had to respect voter mandate and avoid helping a minority coalition to block the formation of a post-election government.

“Without a pre-election agreement, it is possible that a coalition with only 126 MPs could join forces with the 250 senators to gain a majority [in both Houses],” Jatuporn said.

He noted that the current Constitution, which has been in effect since April last year, empowers the Senate to vote with the Lower House in selecting the prime minister, if the 500 MPs are unable to reach an accord.

In the second round of voting, involving both Houses, the winning prime ministerial candidate needs to gain support from more than 375 parliamentarians.

Some observers have warned that a party that wins the largest number of House seats, but not a majority in the Lower House, may fail to form a new coalition government after the next election. They said a pro-junta political party would first need to prevent its rival party from getting support from smaller parties to gain a majority in the Lower House. Then, when the Senate gets involved in the selection of the PM, the pro-junta party will need just 126 MPs to win majority in both Houses, as its candidate – or an outsider it supports – will likely be backed by all 250 senators. The 250 senators will be appointed by the ruling National Council for Peace and Order (NCPO).

Also, since the Constitution does not set a deadline for the formation of a new government, the current junta-led administration headed by General Prayut Chan-o-cha can continue as a caretaker for as long as it takes for the winning parties to agree on the who should be the next premier.

“Without talks between the stakeholders, there could be problems. The parties must reach a social contract based on democratic principles. The people’s mandate must be respected. Also, people in power must take part, otherwise we could end up going back to some point worse than the present,” Jatuporn said.

He pointed out that historically, talks between conflicting parties in Thailand often take place after clashes that lead to many deaths. He said he does not want to see such tragedies take place again.

Instead, Jatuporn suggested, people in power or political parties should “play host” and start talks aimed at preventing renewed political conflict. “If they don’t do it, the public have to pressure them,” he added.

Political players should talk together, at least to help ease people’s worries that the next election could lead to more problems.

“If you don’t begin today, the country will be destined for crisis, whatever the [election] result is,” Jatuporn warned.

Yongyuth, meanwhile, foresees an unstable government following the election, no matter which side wins the national vote. He predicted that anti-military parties will not be able to rule the country despite their House majority, while the pro-military side would become a minority government with the Senate’s help, but no public support.

“If we don’t try to fix this now, history will repeat itself,” he warned.

A reversal of fortune

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File Photo
File Photo

A reversal of fortune

politics November 12, 2018 01:00

By KAS CHANWANPEN
THE NATION

BACK IN THE SPOTLIGHT, SUTHEP THAUGSUBAN IS HEARING FAR FEWER CHEERS THAN HE ONCE DID

FIVE YEARS ago he found himself at the peak of his political career when leading protests outside Parliament by the anti-government People’s Democratic Reform Committee (PDRC). But today, Suthep Thaugsuban sees his popularity in a slump as he returns to the same streets, though for a different purpose.

Everywhere he went in 2013 and 2014, Suthep would meet with a large, cheering crowd calling out his nickname at the time, “Lung Kamnan”, as they fought together to oust a regime they viewed as corrupt. Once the movement achieved its goal of bringing down the government, Suthep, to prove that the fight had not been for his personal gain, pledged to never again return to politics.

But now the former PDRC secretary-general is back in the game. Although he maintains that he will not take up any political position, his fellow PDRC fighters just cannot look at him the same way they did five years ago.

The picture now is almost sad, as everywhere he goes to seek members for his party, Action Coalition for Thailand (ACT), the once popular protest leader has met with cool responses and sometimes heated confrontation.

One former protester, to show his loss of faith in Suthep, even handed him back the whistle he’d blown during the anti-government demonstrations. Whistles, used in shrill protest in the thousands, became the symbol of the now-defunct PDRC movement.

“He should have stopped. Back in 2013, Suthep really had the time of his life,” said political activist Sombat Boonngamanong. “He would have been remembered beautifully if only he hadn’t decided to return to politics.”

Sombat said he was not surprised by the negative feedback Suthep is getting.

“Five years ago they had this common agenda of removing the government. Protesters knew he could do it and they trusted him to,” Sombat said. “But now, it’s another election. Suthep’s just not someone people think can represent them in Parliament. He’s unsaleable.”

But Suthep couldn’t avoid returning to the campaign trail either, the veteran political activist said. If he didn’t, his party would be only a wallflower. After all, negative feedback is still feedback, and it keeps the party relevant in politics and in the media.

The bitterness towards Suthep has at least pressured other former PDRC members to come out and show their support for ACT. Sombat referred to John Nuvo, a rock star popular in the 1990s who was a strong PDRC supporter. He recently announced that he was rooting for ACT, though he stressed that it was not because of Lung Kamnan.

Since the pro-junta wing could be relying on Suthep’s popularity in a bid to return Prayut Chan-o-cha to the premier’s post after the election next year, Sombat said, it should be feeling the repercussions from recent events surrounding Suthep.

Attasit Pankaew, a political scientist at Thammasat University, said the decline in Suthep’s popularity reflected the disappointment PDRC members felt about Suthep and his failure to keep his promise.

However, it’s too soon to predict whether ACT and the pro-junta wing might meet with disaster, Attasit said. They still had time to reverse the game, he said.

Lessons Thailand can learn from Germany

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Lessons Thailand can learn from Germany

big read November 12, 2018 01:00

By JINTANA PANYAARVUDH
THE NATION

2,966 Viewed

UNLIKE its Thai counterpart, Germany’s Constitutional Court has rarely come under criticism and enjoys the implicit trust of the people, thanks to the faith of the citizens that their rights and liberties will be fully protected by the court, according to a German law expert.

In Germany, the Federal Constitutional Court is a respected institution and enjoys an equal status with the three branches of a democracy, said Rupert Scholz, who served as defence minister in the Helmut Kohl government.

Scholz cited a German poll result that said the court was “the most recognised institution”.

“No chancellor can earn as much faith as the court,” said Scholz, a recognised expert on constitutional and European economic and labour laws as well as economic administration. He was speaking at a dinner talk on “Tasks and Missions in accordance with the German Constitution: Judgement, Administration and Budgeting”, co-organised by the Office of the Constitutional Court and Konrad Adenauer Stiftung in Bangkok recently.

He said the court also serves as a balance between law and politics when reviewing cases.

In Germany, the judges do not consider the suitability of a law but only review whether the law is constitutional, he explained. “The role of the court is as the ‘guardian’ of the constitution and as the authority that reviews the constitutionality of the laws,” the professor said.

The court respects the spirit of the legislators and, therefore, does not immediately invalidate unconstitutional laws. However, on several occasions it has annulled some articles of a law instead of the entire law. “The court gives a year to two years’ time to legislators to amend the parts considered unlawful,” he added.

Thailand has adopted the concept of the court from Germany where its main roles are judicial review and to rule on the constitutionality of legislation. However, there are some areas of divergence in the responsibilities of the two courts. One of the German court’s key tasks is to rule on complaints related to the constitution, which is an extraordinary remedy for the protection of constitutional rights.

In Germany, any citizen or person of any nationality living in the country can approach the court if they believe their constitutional rights have been violated by a public power. The complaints, however, can be filed only after a ruling from the Federal Court of Justice, the country’s supreme court.

In other words, the role of the constitutional court is very clear: to consider petitions from the public against a state authority, including the actions of the judicial branch. In Thailand, however, that clarity is missing in defining the court’s role, Banjerd Singkaneti, a law scholar at the National Institute of Development Administration, pointed out.

Banjerd said Thai laws were not explicit about rights and liberty violations over which the public can petition the Constitutional Court.

Moreover, the German Constitutional Court is the highest court, which can review a case as the final court of authority, but in Thailand, the courts of justice, the Administrative Court and the Constitutional Court have a parity in status.

Banjerd noted that only 2 per cent of more than 200,000 complaints filed with the German court are actually successful [a win for the public]. Though the number was small, it could have the effect of making the lower courts of justice exercise their powers with discretion due to the realisation that they can be scrutinised by the Constitutional Court, he said.

However, giving such power to the high [Constitutional] court could be a double-edged sword if the court were not independent, he added.

Banjerd believes there should be some room for the Thai Constitutional Court to review the final ruling by the courts of justice, especially in cases where the verdict fundamentally overlooks facts, the law, and the rule of law.

The Thai Constitutional Court has previously been criticised for making controversial rulings that altered the shape of governments and has been accused of having double standards.

In several cases, the Thai judges’ ruling appeared to stress the principles of political science rather than the legal aspects. The decision to dissolve the Thai Rak Thai of Thaksin Shinawatra and its successor People Power Party, while sparing the Democrat Party over a similar ordeal stand out as examples.

Early this year, the legislators passed an organic law that protects the Constitutional Court from criticism. The law stipulates that those who use rude, sarcastic or threatening words will be punishable by up to one month in jail and a fine of Bt50,000. Scholz said in his view the court can be criticised but without using force.

“The court has to accept criticism. It should not bar freedom of expression, especially relating to academic matters,” he said.

When asked about the constitutionality of a political party’s proposal to amend the charter after winning an election and whether the Constitutional Court should intervene to stop such an action, the professor said the court cannot stop the amendment.

Some anti-junta political parties such as Pheu Thai and Future Forward Party have vowed to scrap the current Constitution, which they called undemocratic, and write a new charter if they win the election.

“Any party that wins a majority has the right to amend a charter if it so chooses, as long as they don’t use force [to achieve that],” the German professor said.

A party’s intention to write a new charter does not contradict the principle of liberal democracy, he said.

To amend a charter, the parties need to adhere to and not be against the intention of the charter under a democratic regime, he added.

The professor shared a similar case in his country dating back to the period after the reunification of Germany in 1990.

Scholz was a member of the joint parliament committee, which considered the question of whether the country should have a new charter. The concerned parties, however, agreed that the existing charter was still usable and decided to just add more provisions to bring it up to date.

Prajin hospitalised with back problem

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Prajin hospitalised with back problem

politics November 11, 2018 20:07

By The Nation

Deputy Premier and Justice Minister Prajin Juntong has been hospitalised for inflammation of the intervertebral disc and is expected to spend up to a week in treatment, according to his spokesman.

Air Chief Marshal Prajin, former commander-in-chief of the Royal Thai Air Force, was admitted to Bhumibol Adulyadej Hospital on Sunday afternoon for treatment, spokesman ACM Monthon Satchukorn said.

His doctor has said Prajin would need five to seven days for treatment, the spokesman revealed, adding the deputy PM’s condition was not serious.

Prajin’s schedules from Monday would need to be cancelled, Monthon said. These include his presence to preside over a seminar on a draft law regarding registration of “life partnership” between same-sex couples and at an exhibition of Berlin Wall parts at the German Embassy.

Prajin was treated at a hospital in Sakon Nakhon on Saturday after suffering from back pain during his work-related trip to the northeastern province. He was later sent to Bhumibol Adulyadej Hospital in Bangkok.

Democrats put their faith in incumbent Abhisit

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Democrats put their faith in incumbent Abhisit

politics November 11, 2018 19:30

By The Nation

Abhisit Vejjajiva was on Sunday elected as leader of the Democrat Party, reflecting the results of last week’s sounding out of party members.

A general assembly of the country’s oldest political party, held at the Miracle Grand Convention Hotel, voted to endorse Abhisit as its new leader. His two competitors in the race – Warong Dechgitvigrom and Alongkorn Ponlaboot – withdrew after being nominated at on Sunday’s party meeting.

In the sounding-out of Democrat members as to who should become the next party leader, Abhisit polled the most votes with 67,505, followed by Warong (57,689) and Alongkorn (2,285).

Warong and Alongkorn told on Sunday’s assembly that they had withdrawn their nominations in keeping with an agreement by all the three contestants to do so if they lost in the sounding-out.

“The winner got a vote of consensus from the party members,” Warong said, withdrawing from the assembly’s voting.

He thanked all those who had backed him and apologised to party seniors and members for the serious race for the Democrat leadership, which had led to a perception that the party was divided.

Warong congratulated Abhisit on becoming the party leader, and maintained that he would still be able to work with him despite their fierce recent fight.

“I believe the new leader will be able to lead the party to an election victory and to achieve changes in the future,” Warong said.

In addition to the party leader, on Sunday’s assembly also voted to elect other members of its executive board. The meeting voted to retain incumbent Democrat secretary-general Chuti Krairiksh in the same position. Thirteen deputy leaders were also elected, for five regions and eight mission areas. Most of them are incumbents.

PM won’t be on campaign trail for anyone, says deputy

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PM won’t be on campaign trail for anyone, says deputy

politics November 11, 2018 17:01

By The Nation

The law prohibits Prime Minister Prayut Chan-o-cha from campaigning for any political party in the run-up to the election, including a party that nominates him to be the next head of government, his deputy, Wissanu Krea-ngam, said on Sunday.

The party that nominates General Prayut as its prime ministerial candidate can seek support from eligible voters, but the premier is unable to campaign for that party, Wissanu said.

Wissanu, who is in charge of the government’s legal affairs, explained that, as a state official, the prime minister needs to remain politically neutral and refrain from acting in favour or against any political party. This prohibition is stated in the MP Election Act, he said.

Also, the premier is unable to take part in any party’s campaigning events, the deputy PM said.

What the prime minister can do is to urge eligible voters to exercise their right to vote and to vote for people they believe are suitable to become members of Parliament, Wissanu said.

Asked whether the election tentatively scheduled for February 24 should be postponed if political parties called for it in unison, the deputy PM said the Election Commission (EC) would have to decide, not the ruling junta, the National Council for Peace and Order.

He said the EC was ready for the election on February 24 but it would have to take into consideration any call for postponement if it came from many parties that felt they were still unprepared.

Red-shirt leader Jatuporn Promphan said on Sunday he was “100-per-cent sure” the election would not come on February 24.

Jatuporn, a former member of the Pheu Thai Party, said that at least 31 parties were still waiting to be endorsed by the EC’s party registrar. He did not think the endorsements would come before the November 26 deadline.

He called on the authorities to “tell people the truth” and give an exact date for the election to be held.

Jatuporn said a prominent Thai recently told the media in Belgium that the next election would be held sometime between February and May.

Wissanu last week announced a calendar for the election, saying it must be held within 150 days of a new law on MP elections taking effect on December 11.

Two Prissananthakul brothers quit Chart Thai Pattana Party

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Two Prissananthakul brothers quit Chart Thai Pattana Party

politics November 10, 2018 14:41

By Agence France-Presse

Two sons of Somsak Prissananthakul, a former leading member of Chart Thai Pattana, have resigned from the party.

Chart Thai Pattana director Nikorn Chamnong said on Saturday that Paradorn and Korawee Prissananthakul submitted their resignation on Friday.

Nikorn said he had no idea which party the two would join.

Their father, who is a veteran politician, resigned from the party earlier this week.

A source from the Bhum Jai Thai Party claimed that the two brothers would submit applications to become Bhum Jai Thai members at 10am on Monday.

The source said Bhum Jai Thai leader Anuthin Charnweerakul would be present to welcome the two brothers and accept their applications himself.

Abhisit wins primary voting for Democrat Party leadership

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Abhisit wins primary voting for Democrat Party leadership

politics November 10, 2018 14:26

By Kas Chanwanpen
The Nation

2,437 Viewed

Abhisit Vejjajiva has won primary voting to retain leadership of the Democrat Party after being challenged by Warong Dechgitvigrom and Alongkorn Ponlaboot.

Abhisit won 67,505 votes from Democrat members from across the country, while Warong and Alongkorn received 57,689 and 2,285 votes respectively.

Read also: Does it matter who leads the Democrat Party?

The official results were announced on Saturday.

The Democrats held a primary vote last week, the first time ever that a Thai party has selected its leader with input from its members.

Abhisit won over Warong by 9,816 votes. A total of 127,479 votes were cast.

The result showed the influence of former party secretary-general Suthep Thaugsuban in the country’s oldest political party.

It is widely known that Warong is the nominee of ex-protest leader Suthep, who led a protest against the Yingluck government and showed strong support for junta leader Prayut Chan-o-cha to become the next prime minister.

Abhisit’s win could also shatter the dream of the pro-regime Palang Pracharat Party to have an alliance with the Democrat Party in forming the next government to support junta leader Prayut becoming the prime minister.

The Democrat Party will hold its first general assembly on Sunday and will vote on a new executive board as well as a leader. Although primary voting is not a final decision, it is traditional that the voting on Sunday would follow the trend.

Warong, who had been considered a strong candidate against Abhisit, wrote on Facebook that he accepted the results and would work alongside Abhisit for the party as well as the country.

New cabinet to be in office by June if polls held in Feb

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New cabinet to be in office by June if polls held in Feb

politics November 09, 2018 01:00

By THE NATION

A NEW CABINET is expected to assume office by June next year, though the junta will retain full powers until the new government is sworn in, Deputy Prime Minister Wissanu Krea-ngam said yesterday.

The Election Commission (EC), meanwhile, is expected to hold the national election on February 24, though it can only make the announcement after the law on MP elections goes into effect next month, Wissanu added.

He explained that the date of the polls could not be brought forward because a lot of preparations needed to be made.

“So far no other dates have been mentioned [by relevant agencies for the national vote],” he added.

He was speaking at a press conference at Government House.

Wissanu, who is in charge of the government’s legal affairs, said that after the organic law on MP elections takes effect on December 11, an election must be held within 150 days or latest by May 9.

If the election is held on February 24, then the EC will have to announce the result within 60 days, or no later than April 24, and the new Parliament will have to be convened within 15 days, or no later than May 8.

After that, the new prime minister will be selected, who will then appoint his or her Cabinet. As soon as the new Cabinet is sworn in before the HM the King, the current Cabinet and the NCPO will cease to exist, according to Wissanu.

“The new Cabinet will have to announce its policies to Parliament within 15 days of being sworn in, which should happen in June 2019,” he said.

As for the incumbent ministers, Wissanu said they would need to retain their political neutrality and avoid using their position to benefit any political parties or politicians. Regarding the four Cabinet members who have become executives of the Palang Pracharat Party, the deputy PM said they must carefully manage their time at work, and state assets and personnel cannot be used for the benefit of their party, he added.

Meanwhile, once the organic law goes into effect, the EC is required to submit a decree calling for the election of MPs, which the Cabinet will have to get royally endorsed, the deputy PM said.

Once the royal approval is given, the EC has to set the dates for election and candidate application, among other things.

Wissanu said after the election decree is issued, the ruling National Council for Peace and Order (NCPO) should lift all restrictions on political activities to pave the way for parties to start campaigning.

As for the status of this junta-led government, the deputy PM said it would remain in full power until a new Cabinet is sworn in.

He explained that unlike its elected |predecessors, this post-coup administration is not a caretaker, because it will not cease to exist.

A government ceases to exist when a prime minister is disqualified, the entire Cabinet resigns, the House of Representatives is dissolved or the administration completes its term. None of these conditions apply to this government.

“A transitional clause [of the Constitution] states that the Cabinet in office before the promulgation of the 2017 Constitution will continue working until a new Cabinet is sworn in before the King,” Wissanu said.

The deputy PM also announced the schedule of events in the run-up to the election and after the national vote. He said the calendar was drafted after consultation with relevant agencies, including the EC and the Constitution Drafting Commission.

Wissanu was earlier told by Prime Minister Prayut Chan-o-cha to explain the relevant laws and the timeline in relation to the upcoming election to the media.

Separately, Prakit Siriwattanaket, vice president of Kasikorn Securities, said investors were disappointed about the unclear election timeline announced by Wissanu yesterday, resulting in smaller gains in the Stock Exchange of Thailand Index.

He said some of the larger gains made in the morning dissipated in afternoon trade and the market closed at 1,681.73 points, up 0.38 per cent.

Earlier yesterday, Deputy Premier Prawit Wongsuwan said foreign organisations who wanted to send observers to the next election can seek permission, adding that the government will consider whether it should invite a foreign agency to observe the polls.

Foreign Minister Don Pramudwinai had previously voiced opposition to the idea of having foreign organisations observe the election.

He maintained that the polls could be observed by locals to ensure a free and fair election. Politicians and critics have called for foreign observers for the sake of credibility.

Former justice minister Sawai Pattano dies at 85

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Sawai Pattano
Sawai Pattano

Former justice minister Sawai Pattano dies at 85

politics November 08, 2018 14:07

By The Nation

Sawai Pattano, former justice minister and several-times Songkhla MP, died early on Thursday. He was 85 years old.

His son, Prai Pattano, mayor of Hat Yai Municipality, posted on his Facebook wall that Sawai died at Sonkhla Hospital of natural causes at 1am.

A bathing rite wil be held at the Khok Nao Temple in Hat Yai at 4pm.

Sawai was born on October 1, 1934. He graduated from Thammasat University’s Faculty of Law. He entered politics as Songkhla MP of the Democrat Party in 1975.

He had been deputy House speaker and deputy interior minister, deputy transport minister and justice minister. He retired from politics in 1995.