The natural resources and environment reform committee, one of 13 appointed under the national reform law to come up with the first five-year reform plans, on Wednesday introduced a draft proposal for a new system design to around 50 invited concerned parties at a closed-door meeting.

Sayumporn Limthai, a former member of the National Reform Council pushed for setting up a court, told the meeting that environmental justice in the country is not yet in line with international principles. The system is still uncoordinated and lacks a unified approach, while necessary tools to help unify the system and curtail impacts, including injunctions, the new court, as well as the legal procedures in the environmental cases bill, are still missing.

Sayumporn added that the current justice court’s procedures are still based too much on an accusational approach, rather than inquisitional approach. This particularly lays a burden on the plaintiffs, who are often locals and the poor affected by development projects, to prove their case in court.

Environmental cases, Sayumporn noted, are complicated and technical and actually need experts to help prove wrongdoings, something that is still much lacking in the procedures.

Besides, Sayumporn said, environmental impacts take time to be proved, and it’s often that the cases are over before a petition is filed against them. Worse, the cases are often repeated because parties causing damage have no fear due to lack of proper compensation demands.

Rehabilitation processes, meanwhile, hit a snag because there are no consistent approaches or agencies directly responsible for the work, Sayumporn said.

“If we talk about the problems that we have in proceeding with legal procedures in environmental cases, there are several, but in conclusion, it’s a splintering and separation of authority to pursue cases, or sometimes the authority is overlapped due to lack of clarity over who is responsible,” said Sayumporn.

Sayumporn said that it’s the right time for the country to integrate the work and promulgate a unified environmental justice system with key bodies including the court, along with necessary tools being put in place to improve environmental justice delivery. As well, now is the time to further develop the system to take care of future environmental issues that arise.

Currently, the justice court’s environmental division would take up criminal cases regarding environmental issues, while the civil court would take up civil lawsuits in connection with the environment.

The Administrative Court, meanwhile, would consider complaints in regard to state misconduct related to the environment.

They have different authority, and as such apply different judgment in cases despite the same facts provided, Sayumporn said. This is not to mention what is needed at the middle and the beginning of the legal processes, he added.

“An environmental justice system needs structural reform, and minor changes here and there would contribute nothing to society. We need a major operation, not just applying bandages to our wounds,” said Sayumporn.

Buntoon Srethasirote, chair of the committee’s sub-panel on environmental management reform said environmental justice reform does not end with creating an environmental court, but has expanded to cover the whole system to ensure environmental justice to people.

However, things would not be fixed immediately but would take time to be developed and put in place, he said. For instance, the environmental court would be seen in the fourth year of reform, after the very first components, including the environmental justice system committee were set up to oversee the whole picture.

The proposal, Buntoon said, is part of the environmental reform proposals that would be submitted to the government by the end of this month, before being synergised with the national strategy, before being implemented by next April.

Some participants suggested the panel consider including early steps toward environmental justice, such as applying the precautionary principle to prevent damage as well as access to information.

The proposal will be presented, along with other proposals, to the last public hearing by the committee tomorrow in Bangkok

General Wallop Rohsanoh, the NSC secretary-general who held talks with US special envoy Joseph Yun yesterday, said Thailand was ready to help bring North Korea to the negotiating table if there is an opportunity.

Yun also met Deputy Foreign Minister Veerasak Futrakul to discuss the issue yesterday. While Yun reiterated that the US wished to lessen tensions through peaceful dialogue, Veerasak emphasised Thailand’s strict obligations under the UN Security Council resolutions.

“Thailand has also cooperated with the international community to push the DPRK to return to the dialogue process to denuclearise and lessen tensions in the Korean peninsula,” read the Foreign Ministry’s press release, referring to the Democratic People’s Republic of Korea, the North’s official name.Yun and Veerasak at the Foreign Ministry yesterday (courtesy of the Foreign Ministry)

Meanwhile, Thailand has drastically reduced trade with North Korea amid mounting international pressure to isolate the pariah state, the government said yesterday.

Thailand is one of several Southeast Asian countries to host a North Korean embassy, and once enjoyed extensive economic ties with the reclusive regime.

But the Commerce Ministry yesterday said trade with Pyongyang had “plunged” and would soon be non-existent as Thailand complied with UN resolutions to cut off North Korea in response to its increasingly powerful missile and nuclear tests.

“It’s expected that by late 2017 there will be no export or import of goods between Thailand and North Korea,” said Pimchanok Vonkorpon, director of the Thai Commerce Ministry’s Trade Policy and Strategy Office.

Yun’s visit is part of his trip from Monday to today to Asia – including a stop in Japan – “to discuss ways to strengthen the pressure campaign following the DPRK’s latest ballistic missile test,” the US State Department said in an earlier statement.

A source at the Thai Commerce Ministry earlier said Thailand had fully complied with a UN Security Council resolution on North Korea and any additional request by the US would require the approval of the Thai government.

But sanctions against North Korea have started to bite.

The UN Security Council has ordered countries to stop providing guest-worker permits to North Koreans after Pyongyang’s sixth nuclear test in September.

Srisuwan, secretary-general of the Association to Protect the Thai Constitution, said he would submit photos to the NACC showing the deputy prime minister wearing the watches, which could then proceed based on its anti-corruption law.

Photos of Prawit wearing several luxurious watches on different occasions have gone viral on social media.

The controversy swamping the deputy prime minister began after he was spotted wearing what appeared to be a silver-and-black Richard Mille watch and a diamond ring during a group photo with the reshuffled Cabinet at Government House on December 4.

Meanwhile, Prawit kept silent on the issue after he was approached by reporters before and after a meeting at the Internal Security Command Operations Command.

The NLA convened yesterday to consider setting up a panel to scrutinise the qualifications of the seven new members of the Election Commission (EC), two of whom were picked by the Supreme Court.

However, some NLA members, including Wallop Tang-kananurak, observed that the selection of the two commissioners by the court was being questioned by the public, while the court would clarify the process.

They suggested contacting the court and asking it to confirm its procedures first. Wallop said if the NLA proceeded with its scrutiny of the qualifications of the five commissioners picked by the selection committee first, it could later complicate the selection process of an EC president.

Wallop proposed the meeting to seek the court’s response before setting up an EC qualification scrutiny panel.

The Supreme Court, as required by the new EC law, was obliged to select two EC commissioners out of seven. It selected one commissioner, Chatchai Chanpraisri, who is Justice Court chief, on November 17, before picking Pakorn Mahannop, also a Justice Court judge.

DESPITE the junta’s renewed political ties with the European Union, political figures have proposed amendments to the political party law that could affect the election timetable.

As a result, political observers are concerned that the proposed amendment could affect the date of the election, which is set to take place in November next year in line with the junta’s “road map to democracy”.

Existing parties are expected to submit their updated membership rosters to an election registrar before January 5. However, several observers have expressed worry that they will not be able to make the deadline as it involves a large number of members, possibly more than a million.

The junta’s ban on political gatherings of five or more people has also prevented parties from holding other activities.

Recently, some political figures had proposed amendments to the law. 

Paiboon Nititawan

Former junta-appointed reformer Paiboon Nititawan proposed on Monday that the NLA should amend the bill to require parties to re-register all of their members to “create a fair field for all old and new parties”.

While new members would have to pay registration fees to parties as required by the bill, existing members that were signed up before the bill’s enactment could maintain their memberships without paying, Paiboon suggested.

Paiboon has been involved in setting up a political party with a clear agenda to support Prime Minister Prayut Chan-o-cha to maintain the premiership after the election.

Suthep Thaugsuban

Suthep Thaugsuban of the now defunct People’s Democratic Reform Committee (PDRC) – who initiated demonstrations in late 2013-2014 before the coup – has submitted a letter to the NLA, also proposing amendments to the bill.

The letter said the bill should be fixed “in accordance with the country’s situation” and “to bring about fairness and equality for all parties, no matter old or new”. The proposal also supported the continuation of the political ban.

Suthep signed the letter as “Secretary-General to the PDRC”.

Political parties, such as Chart Thai Pattana Party and Phalang Chon Party, also voiced concerns that parties could not comply with requirements in time but suggested that registrars or the Election Commission should use their special authority instead of amending the bill.

Meanwhile, Somsak Thepsuthin, a veteran politician from Matchima Thippathai Party, yesterday proposed an amendment to the 2017 Constitution to allow MP candidates to run as independents in the election rather than having to be attached to a political party.

Democrat Party and Chart Thai Pattana Party figures yesterday questioned the agenda behind proposals to amend the bill.

While Democrat deputy leader Sathit Pitudecha urged the junta’s “five rivers of power” to be consistent in legislative and practical actions, Chart Thai Pattana Party adviser Somsak Prissanananthakul called on the junta to be accountable if it fails to follow the promised “road map to democracy”.

Sukhum Nuansakul, Ramkham-haeng University’s former rector, said an amendment would only turn the junta into a political target once again for its apparent tendency to postpone the election. “It will ultimately depend on their integrity to hold the election, after all,” he said.

Siripan Nogsuan Sawasdee, a political lecturer at Chulalongkorn University, said that an amendment would be acceptable if it is not used as a reason to postpone the election further.

“The remaining two organic laws essential for the election are still to be deliberated by the NLA next month. It’s not that they won’t have sufficient time to amend the bill,” Siripan said.

She said the amendment should be open to public participation to look into electoral mechanisms, such as the so-called primary voting system, that might obstruct the political party system.

NLA member Somchai Sawangkarn said the NLA had taken all proposals into consideration but hinted that the bill amendment could be time consuming.

“But it can’t be said that it will affect the timeline of the election. Everything still follows the road map,” he said.

Constitution Drafting Commission (CDC) chairman Meechai Ruchupan voiced opposition to Paiboon’s proposal to amend the Political Party Act to nullify party memberships for all existing parties in order to avoid disadvantaging new parties.

“It is not fair for political party members to have their membership status terminated,” he said, “although I admit that there is an advantage and disadvantage between the old and new parties,” said Meechai whose CDC drafted the law.

But Meechai said if the amendment affected or delayed the road map to the next election, the delay could not be blamed on the original charter writers.

The CDC chief also responded negatively to another proposal proposed by Somsak to amend the 2017 Constitution , saying it was hard to amend the charter because it was passed in the referendum.

General Wallop Rohsanoh, the NSC secretary-general who held talks with US special envoy Joseph Yun yesterday, said Thailand was ready to help bring North Korea to the negotiating table if there is an opportunity.

Yun also met Deputy Foreign Minister Veerasak Futrakul to discuss the issue yesterday. While Yun reiterated that the US wished to lessen tensions through peaceful dialogue, Veerasak emphasised Thailand’s strict obligations under the UN Security Council resolutions.

“Thailand has also cooperated with the international community to push the DPRK to return to the dialogue process to denuclearise and lessen tensions in the Korean peninsula,” read the Foreign Ministry’s press release, referring to the Democratic People’s Republic of Korea, the North’s official name.Yun and Veerasak at the Foreign Ministry yesterday (courtesy of the Foreign Ministry)

Meanwhile, Thailand has drastically reduced trade with North Korea amid mounting international pressure to isolate the pariah state, the government said yesterday.

Thailand is one of several Southeast Asian countries to host a North Korean embassy, and once enjoyed extensive economic ties with the reclusive regime.

But the Commerce Ministry yesterday said trade with Pyongyang had “plunged” and would soon be non-existent as Thailand complied with UN resolutions to cut off North Korea in response to its increasingly powerful missile and nuclear tests.

“It’s expected that by late 2017 there will be no export or import of goods between Thailand and North Korea,” said Pimchanok Vonkorpon, director of the Thai Commerce Ministry’s Trade Policy and Strategy Office.

Yun’s visit is part of his trip from Monday to today to Asia – including a stop in Japan – “to discuss ways to strengthen the pressure campaign following the DPRK’s latest ballistic missile test,” the US State Department said in an earlier statement.

A source at the Thai Commerce Ministry earlier said Thailand had fully complied with a UN Security Council resolution on North Korea and any additional request by the US would require the approval of the Thai government.

But sanctions against North Korea have started to bite.

The UN Security Council has ordered countries to stop providing guest-worker permits to North Koreans after Pyongyang’s sixth nuclear test in September.

Srisuwan, secretary-general of the Association to Protect the Thai Constitution, said he would submit photos to the NACC showing the deputy prime minister wearing the watches, which could then proceed based on its anti-corruption law.

Photos of Prawit wearing several luxurious watches on different occasions have gone viral on social media.

The controversy swamping the deputy prime minister began after he was spotted wearing what appeared to be a silver-and-black Richard Mille watch and a diamond ring during a group photo with the reshuffled Cabinet at Government House on December 4.

Meanwhile, Prawit kept silent on the issue after he was approached by reporters before and after a meeting at the Internal Security Command Operations Command.

Lawyer Chumsai Sriyapai said the DSI needs to thoroughly question all witnesses concerning the charges before moving the case against Panthongtae forward. Panthongtae, son of ex-premier Thaksin Shinawatra is accused of receiving ill-gotten funds from Vichai Krisadathanont, former real estate tycoon, who was convicted over his company getting multi-billion-baht fraudulent loans from state-owned Krung Thai Bank.

According to his lawyer, Panthongtae dismissed the DSI charges as groundless and suggested that the DSI process was not transparent and was unfair. The lawyer therefore requested the agency to summon more witnesses for questioning to prove that he was not guilty.

The DSI said it would hold a meeting of investigators and public prosecutors to discuss Panthongtae’s request to question additional witnesses in the case and will ensure fairness for the accused.

“It is not fair for political party members to have their membership status terminated,” he said, “although I admit that there is an advantage and disadvantage between the old and new parties,” said Meechai whose CDC drafted the law.

Early this week, Paiboon Nititawan, a former member of the now-defunct National Reform Council, proposed an amendment to the Act. He noted that the new act recognises the membership status of all who belong to existing political parties even if they have not paid their membership fees, while demanding members of new parties pay a fee that would then become the seed money for the registration process required under the new organic law.

Paiboon said the requirements reflect unfair treatment of all parties.

But Meechai said if the amendment affected or delayed the road map to the next election, the delay could not be blamed on the original charter writers.

The CDC chief also responded negatively to another proposal proposed by Somsak Thepsuthin, a veteran politician from Matchima Thippathai Party, to amend the 2017 Constitution to allow MP candidates to run as independents in the election rather than having to be attached to a political party.

“It is hard to amend the charter because it was passed in the referendum,” CDC chief Meechai.

Jatuporn, chairman of the United Front of Democracy Against Dictatorship (UDD), has been in jail since July related to another defamation case filed by Abhisit.

Jutaporn made the remarks about Abhisit in 2009 while on a stage. The court ruled that he did not have good intentions in criticising Abhisit but rather defamed him in a way that could instigate hatred for him.

The court therefore ruled that Jatuporn was guilty of defaming Abhisit. It changed the jail term imposed by the first court and Appeal Court from two years to one year as Jatuporn conceded that it was he on the stage.

Jatuporn attended the court, but made no comments other than remarking on his weight loss while in jail.