Watchdogs come to terms with charter change
As the new charter takes shape, it appears independent organisations will be among the most affected by the proposed changes, according to Siam Rath Weekly.
The Constitution Drafting Committee (CDC) is about half-way through its task. From what has been made available to the public, independent organisations could see their power reduced, said the article entitled “2015 Constitution: A Bitter Pill for Independent Organisations’’.
These include the Election Commission, the Ombudsman, the National Anti-Corruption Commission (NACC), National Human Rights Commission (NHRC), and the National Economic and Social Advisory Council (NESAC).
The two bodies that stand to be hardest hit are the Office of the Ombudsman and the NHRC, which the CDC has proposed be merged.
The CDC argues the two organisations have a similar mission of protecting public rights and monitoring state power. Merging them would help streamline their work, it said.
Another organisation in line for a major overhaul is the NESAC. The advisory unit has been around for more than 10 years but critics say it is a waste.
“Some regard its output as meagre. Some reports also suggest it suffers from serious infighting. The chances are high it will be restructured or dismissed altogether,’’ the article said.
Another organisation likely to come under review is the Political Development Council under King Prajadhipok’s Institute.
The article said the EC is resisting changes in its role.
“It looks like the CDC would rather shift the EC to a supervisory role, with the power to organise an election transferred to a new unit called an election organisation committee,’’ the article said.
The committee would consist of seven members who are civil servants appointed by the permanent secretary of six ministries, plus the national police chief.
“The EC has expressed strong disagreement to changes to its mandate. It looks like this dispute will not be easily solved,’’ the article said.
Quoting a source in the judiciary, the article said the courts are also keeping a close watch on the charter drafting effort as they are concerned some changes would curtail their jurisdiction.
The source said the judiciary is concerned about a handful of issues, namely:
First, the proposed change does not seem to designate the president of the Supreme Court as head of a committee to decide inter-court disputes by position. This raises the question of which position is considered head of the judiciary.
Second, there is a concern about freedom in management of court cases. The draft seems to specify fixed timelines for each step of the court’s process.
Third, the tenure of a judiciary committee is cut short from two consecutive terms to just one.
Fourth, there is a question about the finality of a committee’s decision as the draft allows judges who face disciplinary action to appeal to the highest court.
Fifth, the tenure of the president of the Supreme Court will be fixed for a single term of four years. The 2011 charter did not specify the term.
“The judiciary will give feedback at an appropriate time. We probably will not make any move yet,’’ the source said.
Blast theories
abound
All leads in the Siam Paragon bombings seem to point to the red-shirt movement, according to an article in Matichon Weekly.
Pol Gen Chakthip Chaichinda, the deputy national police chief, gave weight to political conflicts as the motivation in his initial assessment of the situation.
Based on his experience, Pol Gen Chakthip said 90% of explosions in Bangkok are politically motivated.
Police are also linking the downtown blasts to two other explosions, at a Min Buri car park in March last year and the Samarn Metta Mansion in Nonthaburi’s Bang Bua Thong district in October 2010.
The blast at the Min Buri car park killed two men who police believed were carrying a homemade bomb on their motorcycle. The device went off accidentally.
The explosion inside the apartment killed a red-shirt guard and three other victims.
“It is clear the investigation is heading toward the red shirts,’’ the story said.
Several assumptions have been made about the Siam bombing incident. The most widely heard is it could be an attempt to justify the government’s maintenance of martial law and a slap on the face of the United States, which urged its revocation.
Prime Minister Gen Prayut Chan-o-cha quickly dismissed the speculation.
The head of the red-shirt movement, Jatuporn Prompan, jumped ahead when he said that for some, the blasts could serve as justification for replacing martial law with the harsher Section 44 of the provisional charter.
Another theory has it the explosions could be a warning from people within the same power clique who are unhappy with the government’s performance, the story said.
They could be tied to an upcoming military reshuffle, which would pave the way for whoever is to become the next army chief as well.
“Not to be overlooked is whether the blasts are a reaction to a recent mass reshuffle at the Police Commission,’’ the story said.
The most subtle assumption is since the red shirts have declared they will stay put for now rather than agitating against the junta, the blasts could be an attempt to prod them into action.
“Each assumption carries different weight based on different factors and circumstances,’’ the story said.
What is most important is police must handle the case in a straightforward manner, using reliable evidence for their arrests.
“There must be no scapegoating or the case may provoke further disputes which would pull the country back into an endless cycle of conflicts and violence,’’ the article said.