Govt vows push to revise charter

Govt vows push to revise charter

Chalerm denies Thaksin amnesty is the real goal

The government has vowed to press ahead with its plan to amend the coup-sponsored Constitution, raising concerns about possible renewed political confrontation.

Prime Minister Yingluck Shinawatra delivers her government’s policy statement before parliament yesterday morning. CHANAT KATANYU

The ruling party said it will focus primarily on amending Section 291 of the constitution to remove Section 309 and pave the way for the election of a charter drafting assembly. The move could be expected early next year.
Rewriting the Constitution is one of the government's priorities included in its policy statement being debated in parliament. The two-day debate on the government's policy statement ends today.
Pheu Thai has reiterated its position that the amendments to the 2007 Constitution must be modelled on the 1997 charter, which was abrogated by the military generals who staged the coup on Sept 19, 2006 that toppled the Thaksin Shinawatra government.
Critics have charged that Pheu Thai's plan to amend the charter is intended to clear the way for an amnesty for Thaksin, who has been sentenced to two years in jail and is now in exile overseas.
Deputy Prime Minister Chalerm Yubamrung said during the policy debate yesterday that the charter rewrite is not intended to help Thaksin.
He rejected claims by the Democrat Party that constitutional amendment is aimed primarily at granting amnesty to the former prime minister.
"It is a misunderstanding. The party never said if it won the election, it will amend Section 309," Mr Chalerm said.
Mr Chalerm said Pheu Thai opposes the present Constitution which was sponsored by the coup-makers and was drafted in an undemocratic climate. He said amending the charter was one of Pheu Thai's election campaign pledges that must be honoured.
Mr Chalerm said Pheu Thai will only push for a change to Section 291, which governs the process of amending the constitution, to pave the way for the election of a charter drafting assembly.
Mr Chalerm said the assembly will comprise 77 representatives elected from the 77 provinces nationwide as well as a panel of 22 academics and experts. Democrat and opposition leader Abhisit Vejjajiva responded by saying it was good to hear from the party that it would not pursue an amnesty for Thaksin.
However, Mr Abhisit warned that Pheu Thai should avoid stirring up unnecessary controversy.
Pirapan Palusuk, a Pheu Thai MP for Yasothon and a member of Pheu Thai's legal team, said the changes should be carried out by a charter drafting assembly made up of members of the public to ensure that the people would have a say in its content.
He said the party has agreed that the previous 1997 constitution will serve as a model for changes to the present one.
Initially, it had been proposed that members of the charter drafting assembly would comprise one or two representatives elected from every province depending upon the agreed number of assembly members.
Academics and legal experts must also be chosen from educational institutes to sit on the assembly which would be directly responsible for drawing up the new charter, Mr Pirapan said, adding that further details would be discussed before a final conclusion on the matter is reached.
Mr Pirapan said he personally thought that a charter amendment should do away with Section 309 of the present Constitution.
Section 309 justifies and legitimises actions and policies enacted under the post-coup interim constitution. It guarantees the coup-makers full amnesty and total protection from due process of the law.
The provision endorses the investigation of Thaksin and his government by the Assets Scrutiny Committee set up by the coup-makers. Scrapping the provision would overturn the actions taken, including the work of the now-defunct ASC.
However, Mr Pirapan insisted that the bid to change the Constitution has nothing to do with the granting of an amnesty to Thaksin.
The proposed charter rewrite is only aimed at ensuring that the amended Constitution would become more democratic, Mr Pirapan said.
Pheu Thai list MP Sunai Jullapongsathon said it was agreed at a party meeting that the charter rewrite could begin early next year.
He said the present Constitution is in need of amendment because it allows the judicial branch overwhelming dominance over the country's political system.
A Pheu Thai source said the government would wait for the right time to grant amnesty to Thaksin.
An amnesty would happen only after the political climate improves, the government solves the country's economic problems, national reconciliation takes place and the administration gains wider public support, the source said.