Worrying precedent for Thai democracy

Amnesty for junta wins full support
And new clause enables NLA to act as Senate until upper house picked

Article 299 - the controversial part of the draft charter which grants de-facto amnesty to the military junta for staging the coup - won unanimous backing from the Constitution Drafting Assembly (CDA) yesterday without debate.

The assembly also approved the Transitional Provision Article 288, which terminates the power of both the Council for National Security and the Surayud Chulanont government once a new Cabinet is formed after the election.

The assembly also approved in principle a contentious new clause in the Transitional Provisions.

It agreed to extend the life-span of the junta-appointed National Legislative Assembly (NLA) after the election - to allow it to become part of the ad-hoc Senate until a "real" Senate is selected and appointed under rules set by the new charter.

The decision means members of the ad-hoc Senate, appointed by the junta, will play a crucial role in selecting and approving some members of the so-called independent organisations under the constitution - and possibly even in selecting the future Constitution Court judges.

Details of the wording of the extension and transformation of NLA duties beyond the election will be adopted today.

Reacting to this, Sukhum Nualsakul, former rector of Ramkhamhaeng University, said it was normal to appoint a caretaker Senate during a transition period. The country could not function without legislation due to the lack of a Senate.

"It is only during a transition period. There should be no problem," he said.

But Campaign for Popular Democracy secretary-general Suriyasai Katasila felt the idea was "unacceptable". It could be seen as a power extension for the coup-makers, who appointed the NLA members.

"If we arrange a proper time for the election, we can form both the House of Representatives and the Senate around the same time," he said.

Article 299 was passed in a controversial manner - swiftly and without comment. This was despite the fact some concerned citizens said it would set a bad precedent, that it would make the draft charter undemocratic and spur future coups and the abolition of constitutions.

A few CDA members normally vocal on many issues, such as Chirmsak Pinthong, Karun Sai-ngam and Pichian Amnajvoraprasert, kept silent and gave the article a resounding nod.

Article 299 says: "All that is recognised in the Constitution of the Kingdom of Thailand 2006 (temporary version) is legitimate and constitutional; any associated act and action before or after this Constitution is promulgated shall be deemed constitutional."

Only about 10 articles are left to be approved, although all eyes will be on the issue of whether Buddhism will be recognised by the draft charter as the national religion or not. The reading on the issue is likely to take place today.

Pravit Rojanaphruk,
Kornchanok Raksaseri
The Nation