Major parties slam NLA

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REFERENDUM QUESTION

Democrat and Pheu Thai politicians oppose senate having a role in selecting PM

POLITICIANS from the two major parties have slammed the National Legislative Assembly (NLA) move to approve an additional question in the referendum, which would open the way for the next Senate to help choose a prime minister. They say it implies that elected members of the House of Representatives would not be necessary.

“I think then we should not elect MPs, just let the appointed Senate take care of public administration,” Nipit Intrasombat, the Democrat Party deputy leader, posted on his Facebook page yesterday.

The comment came after the NLA last week approved an additional referendum question asking whether Parliament, which is made up of Upper and the Lower Houses, should jointly approve a prime minister for the five-year transitional period after the election.

The question would be asked in the referendum along with a question on whether or not voters accept the constitution draft written by the Constitution Drafting Commission (CDC).

The controversy arose because under the CDC’s charter draft, all 250 members of the Upper House would be appointed by the junta’s National Council for Peace and Order (NCPO). Many deemed the clause as a means for the junta to retain power. A role for the junta-appointed Senate in choosing a PM is being seen as attempt by the junta to select the person who should take the top post in the next government.

Key Pheu Thai Party figure Chaturon Chaisang wrote on Facebook yesterday that the ambition of the “five rivers of powers” was now clear: They want an outsider prime minister since they have opened the way for the junta-appointed Senate to choose a PM.

“If it comes to this point, criticising the additional referendum question would not be able to change anything. But, it’s nice that they have now shown all the cards. It is easier for the people to decide whether to vote yes or no to the charter draft,” he wrote.

Extra question confusing: EC

Meanwhile, Somchai Srisuthi-yakorn, a member of the Election Commission (EC), said that he acknowledged the commission had no right to make changes to the question proposed by the NLA, but he was concerned that such a long and leading question would not contribute to a fair referendum.

He had addressed the issue about the NLA’s extra question on Friday and was slammed by some legislators.

However, Somchai maintained yesterday that the question was too long, leading, and contained jargon. It would be difficult for many voters to understand, he said.

“But if the EC is not allowed by law to adjust the question to make it easier to understand, I’m still happy to proceed accordingly,” he added.

Jate Siratharanont, the NLA’s whip spokesman, said that the question proposed could not be adjusted because it had already passed the timeframe set under the interim constitution.

“The question must remain as originally proposed by the NLA and we will not revise it anymore. And the reason why it has to be long and contain some difficult words is that we want it to be complete,” he explained.

However, he also said that the NLA would work to explain the essence of the question to voters so that they could understand it.

Regarding the EC’s concern that the question was leading, Jate said it was a mere perspective of the EC, insisting that the NLA was not trying to convince voters to vote in any particular way. Plus, the NLA had already inclusively collected opinions from its members and subpanels as well as the National Reform Steering Assembly and crafted the question after. So it should not be a problem or affect the constitution draft, he said.

Taweesak Sutkawatin, another NLA member, also said that the question resolved by legislators was now final. The NLA had already carefully debated it before making the decision, he said.

Activist group vows to fight charter, unfazed by jail threat

ศาสตร์เกษตรดินปุ๋ย : ขอบคุณแหล่งข้อมูล : หนังสือพิมพ์ The Nation

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ANTI-JUNTA activist group New Democracy Movement (NDM) has vowed to continue to campaign against the charter draft, despite the referendum bill warning of penalties of up to 10 years’ jail for people who break the law.

Rangsiman Rome, a key NDM member, said that he did not want anymore problems or prosecution, but it did not make sense to prohibit people from campaigning to reject the charter draft when they had valid reasons supporting their idea.

The group has been actively pushing against the junta-sponsored constitution draft and calling voters to vote ‘no’ in the upcoming referendum on August 7.

They highlighted at least seven reasons why people should reject the charter. Among the points they raise are the charter draft paves the way for an outsider prime minister and that the new electoral method – the single ballot system – would not reflect voters’ true intention.

However, last week the National Legislative Assembly (NLA) passed a bill for the referendum that contains penalties for those influencing voters to cast a particular vote. Those convicted could face up to 10 years jail and a fine of up to Bt200,000. The NLA reasoned that any campaigns for or against the draft could deepen the national conflict.

Rangsiman said that to regard [the bill] as a law, it has to be fair, sensible, and written following the correct procedure, implying that the NLA’s referendum bill does not qualify as a law.

The NDM would continue to express its views about the draft, using the campaign slogan “Vote No to the Unchosen Future”, the activist said.

Apart from the NDM, a couple of other groups have come out and expressed their stance against the charter draft. A non-governmental organisation network led by Pairoj Polpetch, a former member of the Law Reform Commission, said last week that the network disapproved of the charter draft.

They insisted that the charter not only limited rights and freedom of the people but also empowered government agencies. Additionally, in the provision clauses, the junta were authorised to retain the powerful Article 44 even after the charter was enacted. The NGO network viewed that as unacceptable.

Thammasat University’s activist group Enlightened Jurists, Nitirat, issued a 13-page statement last week, calling the charter undemocratic.

Somchai govt, police ‘failed to warn’ protesters

ศาสตร์เกษตรดินปุ๋ย : ขอบคุณแหล่งข้อมูล : หนังสือพิมพ์ The Nation

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ACTIVIST Veera Somkwamkid told the Supreme Court yesterday that the then-government and police failed to warn demonstrators before using force to disperse their rally in front of Parliament in 2008.

Veera was testifying at the Supreme Court’s Criminal Division for Political Office Holders in the first hearing of the case against former prime minister Somchai Wongsawat and three defendants related to the crackdown on the yellow-shirt protesters.

The three other defendants are then-deputy prime minister General Chavalit Yongchaiyudh, then-national police chief Pol General Patcharawat Wongsuwan and then-Metropolitan Police chief Pol Lt-General Suchart Mueankaew.

In his role as a witness for the National Anti-Corruption Commission (NACC), Veera said the protesters had surrounded the Parliament complex to stop Somchai from delivering his government’s policies to the legislative branch because they saw him as a proxy of fugitive former PM Thaksin Shinawatra.

He said police had failed to use international norms when it came to dealing with protesters, and began firing teargas at the crowd without any warning.

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Veera went on to say that police used force against the protesters even though he had spoken with the officers in charge and had relayed what was agreed upon to the five leaders of the then-People’s Alliance for Democracy.

He also told the court that the protesters had been given no warning that police would use batons and teargas to forcefully break up the rally. He recounted that he himself had been hit by a teargas canister, which knocked him off the truck and injured him badly. He said he still heard sounds of explosion even though he had been administered first aid.

Veera said that he was later told by other protesters that police had used what appeared like shotguns and pistols to fire at protesters, causing several deaths and injuries.

Former Cabinet secretary-general Surachai Phuprasert, testifying as the second NACC witness, told the court that the then-Cabinet had not resolved to have police use force against the protesters. He said the Cabinet had told Chavalit to monitor the protest.

 

Referendum bill ‘no threat |to freedom of expression’

ศาสตร์เกษตรดินปุ๋ย : ขอบคุณแหล่งข้อมูล : หนังสือพิมพ์ The Nation

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THE NATIONAL Council for Peace and Order (NCPO) yesterday called on people to abide by the referendum bill that was passed by the National Legislative Assembly (NLA) late on Thursday, insisting that the bill would not pose threats to their freedom of expression or hurt them.

General Piyapong Klinphan, deputy head of the junta’s public relations centre, yesterday dismissed the notion that the referendum bill would limit freedom of expression ahead of the plebiscite on a new constitution.

“I do not think the bill aims to limit freedom of expression. I want everyone first to study and try to understand the bill. And I want everyone to regard national interest above everything,” he said. “Plus, nobody would want to draft a bill that would lead to disorder in the country.”

Piyapong stressed that everyone should follow the laws. The NCPO and the NLA also respect the laws, he said, adding that the bill passed on Thursday set rules that everyone should obey.

Constitution Drafting Commission (CDC) chairman Meechai Ruchupan said he did not see how the bill would limit people’s freedom of expression. He said that recently there were video clips on the Internet that accused the government of silencing those who held different opinions. However, such an allegation is untrue and the referendum bill did not stipulate anything like that, he said. “The bill only prohibits acts that disturb or hamper the work of authorities. Such acts are not rights and everyone should be careful not to commit them,” he said.

“People can express their opinions, but they should not distort, lie, or disturb others. That is not the democracy they are calling for.”

Meechai also said everyone had the right to campaign and point out what is good and what is not good about the charter draft as long as those remarks were not distortions.

Regarding the CDC’s future work, Meechai said the bill still lacked a clause that could help prevent acts that could cause difficulties in the commission’s dissemination of information. Last week, the CDC chief’s speech on the framework of the constitution at Thammasat University was disrupted by opponents of the draft. Meechai said he would propose that the government amend the bill and add such clauses. In a related development, the Pheu Thai Party issued a new statement calling for full freedom of expression ahead of the referendum. It said that only with this would the result of the referendum be accepted.

Pheu Thai also denounced the NCPO’s latest Order No 13/2016, which allows military officers to exercise their authority across a wide spectrum of activities, which could suppress people’s rights unnecessarily, including in the coming referendum.

The party claimed in the statement that human-rights infringements had become rampant in Thailand since the NCPO took power from an elected civilian government in 2014. It said Order No 13/2016 could further undermine reconciliation efforts.

The party called on the NCPO to revoke the order and create a better atmosphere that would protect human rights and freedom of expression.

EC says additional referendum question is ‘too leading’

ศาสตร์เกษตรดินปุ๋ย : ขอบคุณแหล่งข้อมูล : หนังสือพิมพ์ The Nation

http://www.nationmultimedia.com/politics/EC-says-additional-referendum-question-is-too-lead-30283613.html

Somchai

Somchai

ELECTION Commission (EC) member Somchai Srisuthiyakorn yesterday voiced concerns about an additional question in the charter referendum asking if the Senate should be allowed to select a prime minister, saying this would only confuse voters.

On Thursday, the National Legislative Assembly (NLA) overwhelmingly agreed for this question to be added to the plebiscite on the draft charter scheduled for August 7.

The question read: “In order for the country’s reform plan to have continuity and be in accordance with the national strategic plan, it should state in the provisional clause of the charter that in the first session of Parliament, a joint meeting of Parliament [composed of the House of Representatives and the Senate] should be allowed to approve a prime minister.”

The question is far too long, appears to be written in a leading manner, paving the way to a designated answer, and contains jargon that is difficult to understand and would cause confusion among voters, Somchai said. He said a referendum question should be simple, short and neutral without providing any reasons behind it. The NLA could provide an explanation separate from the question, he added.

Somchai said the question needed to be reviewed, and that the EC would propose this to Deputy Prime Minister Wissanu Krea-ngam when they meet at Government House on Monday.

As per the 2014 interim charter imposed by the junta after it seized power, the NLA must forward this question to the EC as it makes preparations for the referendum. The EC will also show referendum ballots to Wissanu during the meeting.

In a separate interview, Wissanu said adjusting the words of the additional referendum question was only feasible if it was to make it easier to understand, and that adding or removing the essence was not acceptable.

He added that the EC would meet with him on Monday to discuss the issue, though he emphasised that ultimately the final decision lay with the NLA, not the Cabinet or the EC.

Wissanu also said this question and another on whether the draft charter was acceptable would be on the same ballot paper, but in different colours. Should one question be marked wrongly and considered void, while the other remains acceptable, the latter will still be counted, he said.

Meanwhile, chief charter drafter Meechai Ruchupan refused to comment on whether this additional question would lead to another crisis, saying it was not the drafters’ concern. However, shortly after the NLA’s resolution on Thursday, charter drafter Pattara Kampitak, clearly upset about the decision, posted on Facebook that the Constitution Drafting Commission never intended to have the next Senate choose a prime minister because the CDC knew it would lead to conflict.

He also wrote that if the question were accepted for the referendum, the drafters would have no choice but to amend the charter accordingly. However, he stressed that a prime minister whose power came from the backing of a non-elected Senate would not be able to stay in power for too long.

Ripples of concern in EU-Thai relations

ศาสตร์เกษตรดินปุ๋ย : ขอบคุณแหล่งข้อมูล : หนังสือพิมพ์ The Nation

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Envoys summit protest letter to foreign ministry over latest NCPO order, attitude adjustment sessions.

THAILAND and the European Union (EU) have recently had diplomatic spats over democracy, human rights and the rule of law.

The story began when European diplomats based in Bangkok asked to see Foreign Minister Don Pramudwinai so they could submit a “demarche” – to protest over the recently issued National Council of Peace and Order (NCPO)’s order no 13/2559.

As far as the EU is concerned, the junta’s order, granting military officers from the rank of sub-lieutenant the power to do police work, breaches the rule of law, while the NCPO’s “attitude adjustment” |sessions go against democratic |principles.

A demarche is a diplomatic form of protest to express concern or disappointment over certain issues.

The Foreign Ministry’s Department of European Affairs told the minister that this request came at short notice and the issue raised could not be considered an urgent matter. The department advised that the minister, at his convenience, assign an official to meet the EU ambassadors.

Hence, Don reportedly went to Vientiane to celebrate the Songkran festival with his Laotian counterpart, and assigned the ministry’s Deputy Permanent Secretary Panyarak Poolthup to meet the European envoys on Thursday. The European team was led by the EU embassy’s charge d’affaires Luisa Ragher,

After the meeting, the office of the EU in Thailand issued a press statement saying that “in the absence of the Minister of Foreign Affairs, European Union Ambassadors met Mr Panyarak”.

“The meeting was conducted in a cordial atmosphere conducive to frank and open discussions.”

The statement also raised concerns about the NCPO order no 13/2559 and called on the Thai government to uphold the principles of freedom of expression.

“Granting the powers of the police and the judiciary to military personnel increases the risk of arbitrary detentions, breaches the rule of law and deprives citizens of essential legal protection and due judicial process,” the press statement read.

The EU ambassadors reiterated that the junta should allow all voices to be heard.

They said using “attitude adjustment” sessions went against this principle and the fact that this tool continues being used, even for a longer period, against those expressing dissenting views was an alarming development.

Late on Thursday, the Foreign Ministry countered the EU moves by issuing a statement, in which it said that Thailand was committed to democratic values and was making headway in the path towards an election in accordance with its road map.

It said that the purpose behind the NCPO’s order no 13/2559 was to enable military officers to render assistance and support to police and boost the effectiveness of law enforcement, protect innocent people and bring perpetrators to justice.

It also said that the attitude adjustment sessions, which it described as a “training course”, would be conducted politely, without resorting to violence.

“The Thai side believes that the European embassies in Thailand are in the best position to understand the complexity of the situation in Thailand and therefore hopes that they will listen to opinions from all sides in order to have well-informed and accurate understanding which is a solid basis upon which future cooperation and mutual interests will be built,” the Foreign Ministry said.

Panama Papers rock public faith in govt’s Pracha Rath scheme

ศาสตร์เกษตรดินปุ๋ย : ขอบคุณแหล่งข้อมูล : หนังสือพิมพ์ The Nation

http://www.nationmultimedia.com/politics/Panama-Papers-rock-public-faith-in-govts-Pracha-Ra-30283502.html

BURNING ISSUE

The finances of Thais named in the Panama Papers should be thoroughly probed if the ruling junta wants to avoid damaging fallout for its Pracha Rath (people’s state) policy.

The Pracha Rath scheme covers public-private partnerships (PPP) for the construction of national infrastructure and is a pet project of Prime Minister Prayut Chan-o-cha, who is desperate for it to go well.

The idea is for partnerships that lead to benefits for both the public and the private sphere, but for that to happen both sides must commit to “growing together” in good faith.

Concealing vast sums of money overseas could be a breach of that faith. As such, Thais were keen to hear whether any names featured in the massive leak of offshore financial dealings are also involved in the government’s Pracha Rath scheme.

It has since been disclosed that among almost 1,000 Thai names in the leak of 11.5 million documents last week are singers, athletes, politicians and key business figures. More significantly, some of those business figures are working with the government on public projects.

Using foreign legal and accounting firms to do business or store wealth in tax havens is neither unusual nor necessarily illegal.

Yet the secrecy and confidentiality it affords makes it a favoured method for money launderers, tax evaders and others who want to conceal funds.

And that information blackout naturally triggers suspicion regarding Thais who have established companies in tax havens.

So far, very few of those individuals have been brave enough to come forward and explain why their names appear in the Panama Papers.

That mirrors the general practice in Thai business, where big firms remain reluctant to disclose details of their offshore entities in their annual financial reports.

Such financial secrecy in a bid to minimise tax burdens is generally seen as legitimate business practice and can be perfectly legal. But that doesn’t mean all such transactions are legitimate.

The Prayut government is currently making strenuous efforts to bring the underground economy of entrepreneurs and small and medium-sized enterprises into the tax payment system. These people typically have little money to hire law firms to shield them from taxation. Meanwhile efficient taxation of salaried workers ensures that public funds keep flowing. That effort and efficiency seems to slacken markedly when the focus turns to the wealthy.

The Anti-Money Laundering Office (Amlo) has announced it will coordinate with counterparts in other countries to probe the transactions of Thais whose names appear in the Panama Papers. Authorities have promised to give more details at a press conference today.

The question is, can authorities force these individuals and other Thais to disclose details of their opaque overseas dealings, or must the public depend on voluntary declarations?

In particular, should the business figures who are involved with Pracha Rath projects and whose names appear in the Panama Papers be spurred to disclose information?

The judgement will depend upon how much public pressure is brought to bear.

But without such information, how can a doubting public trust that Thai corporations are sincerely committed partners in national growth?

Govt slams US State Dept official

ศาสตร์เกษตรดินปุ๋ย : ขอบคุณแหล่งข้อมูล : หนังสือพิมพ์ The Nation

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GOVERNMENT spokesman Maj-General Sansern Kaewkamnerd yesterday lashed out at Katina Adams, spokeswoman for the US State Department’s East Asian and Pacific Affairs bureau, for not studying “in depth” the junta’s motive behind extending police powers to soldiers.

On Monday, Adams voiced concerns over the National Council for Peace and Order (NCPO)’s order granting all soldiers ranked sub-lieutenant or above the authority to detain suspects for up to a week for a litany of crimes.

Adams told international media that the US was urging the Thai government to limit the military’s role in internal policing and allow civilian authorities to carry out their duties.

Six NGOs, including Human Rights Watch, Amnesty International and the International Commission of Jurists, also condemned the order on Tuesday, saying it abused human rights.

Sansern responded to Adams’ remarks by saying that the order aimed to accelerate the prosecution of “mafia figures”, whom the junta has vowed to crack down upon in order to maintain peace.

The measures in place are far too slow and could be too risky for officers in charge, he said when explaining why the order was necessary.

He also advised Adams to study the order carefully or ask Thai envoys or diplomats for “correct information” before making comments.

Prime Minister Prayut Chan-o-cha and the government are also upset by how the United States has regularly expressed concerns about the human-rights situation in the Kingdom, Sansern said.

“It’s unlikely that the US is unable to see links between fugitive ex-PM Thaksin Shinawatra and the movements that have violated [the junta’s] laws to maintain peace and order,” he said. “They provoked officers to arrest them and then claimed an abuse of their rights. That’s just unacceptable.”

Nitirat rejects charter due to continued junta powers

ศาสตร์เกษตรดินปุ๋ย : ขอบคุณแหล่งข้อมูล : หนังสือพิมพ์ The Nation

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The New Democracy Movement yesterday hosts a seminar titled “Referendum during the recharging period” at Thammasat University’s Tha Prachan campus. Joined by activist Rangsiman Rome and Thammasat University law lecturer Poonthep Sirinupong, the seminar di

The New Democracy Movement yesterday hosts a seminar titled “Referendum during the recharging period” at Thammasat University’s Tha Prachan campus. Joined by activist Rangsiman Rome and Thammasat University law lecturer Poonthep Sirinupong, the seminar di

Thammasat law group objects to multiple aspects of NCPO-driven draft.

NITIRAT, the Thammasat University law scholars group, yesterday issued a statement rejecting the charter draft.

The statement attacked the draft, saying it would allow the National Council for Peace and Order (NCPO) chief to continue to wield absolute power through Article 44.

The group also objected to the move giving ex-officio Senate seats to top military commanders and the national police chief.

It said the Senate, which would be also entirely selected by the NCPO, would have a significant role in the country’s administration. “It is thus inevitable that the Senate would be dominated by the NCPO, which has influence over the selection of all senators,” the statement said.

The law group also said the charter draft gave the Constitution Drafting Commission too much time – 240 days – to write the organic laws on elections.

The group added that the charter also exempted the NCPO from taking responsibility for any of its actions before or after the charter takes effect.

The statement attacked the single-ballot election system, saying it would distort the intentions of voters. It said an election system that reflected the intentions of voters must allow them to cast separate votes for the party-list and constituency MPs.

The statement also disagreed with the indirect election of senators. “This system does not link the Senate with the people and does not meet democratic standards,” the group said in the statement.

A future Cabinet would not have the power and independence to make policy and run the country under this charter, the statement said.

The Constitutional Court and independent agencies were also allocated too much power because they would have the authority to check the Lower House, the Senate and the Cabinet, the group said, giving the example that the court would be able to remove the Cabinet over issues related to the budget.

The court also would have the power to call a meeting of Parliament, the prime minister, the Supreme Court president, the Administrative Court and other relevant bodies to make decisions on issues not covered by the charter.

The draft also makes amendments difficult, requiring the votes of more than half of the Lower House and more than one-third of the Senate, while the Constitution Court would have a supervisory role.

During the first five years, the country would also be under influence of the Senate, which is selected by the NCPO, making it even harder to amend the charter, the law group said.

The statement dismissed claims by charter supporters that the draft’s strength was its strong anti-corruption mechanism, saying that it only targeted politicians but not independent agencies.

Prawit permits Songkran gifts after red bowl conflict

ศาสตร์เกษตรดินปุ๋ย : ขอบคุณแหล่งข้อมูล : หนังสือพิมพ์ The Nation

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DEPUTY Prime Minister Prawit Wongsuwan said yesterday political parties could give water containers as Songkran gifts to their constituents since people needed to store water

When asked if politicians could distribute gifts such as blankets and jars, Prawit said they could. “Go ahead. Carry very big jars as a handout,” he said.

Pheu Thai Party members have refrained from handing out red bowls with Songkran good wishes from former prime minister Thaksin Shinawatra after soldiers seized a number of the bowls from three former Pheu Thai Party MPs in Nan last week.

Dr Chonlanan Srikaew, a former Pheu Thai MP, said he had been summoned for questioning before soldiers confiscated the bowls. He was told that distributing the bowls violated Article 116 of the Criminal Code.

Pheu Thai Party yesterday held a Songkran water ceremony at party headquarters. Party members performed a water ritual with leaders including former prime ministers Somchai Wongsawat andYingluck Shinawatra.

Thaksin called the group via Skype and cited a Harvard University study that concluded that people who are happy are those who have good relationships with family members and friends.

He urged Pheu Thai politicians to love their constituents. “If politicians do not love the people, the country’s democracy will realise its demise,” he said.

He thanked party members who fought for the party even though some of them had been summoned for “attitude adjustment” by the government.

He added that he was still strong at age 67 and could walk many kilometres to visit constituents.

Yingluck said she wanted to see a Songkran full of smiles and for Thais to be allowed to have differing opinions.