Bangkok Post, December 23, 2011
The decision to go ahead and amend the 2007 Constitution was in line with the resolution of a recent meeting of Pheu Thai MPs, not as a result of pressure from the red-shirt United Front for Democracy against Dictatorship, Deputy Prime Minister Chalerm Yubamrung said on Friday.
But it should not happen just yet, he said.
"I personally am of the view that this is not the right time to rewrite the charter, because the government has been in office for only three months. It would be more appropriate to introduce amendments to the charter nine months after taking office," he said.
Mr Chalerm said again that constitutional amendment was not aimed at trying to please a particular person, as claimed.
Under the planned process, the charter's Article 291 will first be altered to enable the setting up of a 99-member charter drafting panel.
Of the total, 77 members would be directly elected by the people in 77 provinces. The other 22 would be selected academics and other experts. Once the charter amendments were drafted, the changes would be put to a public referendum and the outcome would require approval from parliament, he said.
The deputy premier insisted that no politicians would be involved in charter drafting and that the changes were not intended to benefit any particular person.
Former prime minister Chavalit Yongchaiyuth said he personally has no objection on the move by the Pheu Thai-led coalition government to push ahead with amendments to the charter.
Gen Chavalit, once a Pheu Thai member, said Pheu Thai's plan to alter Article 291 to pave way for the setting up of the charter drafting panel is the right direction.
The retired general said he believed constitutional amendment would not be made for self-interest, but to lay down a foundation for the country's future.
Asked whether the Section 112 of the Criminal Code, the lese majeste law, should also be altered, the former premier declined to comment.
Chartthaipattana Party leader Chumpol Silpa-archa said his party stands firm on its earlier announcement that it supports the plan to amend the constitution.
He said this before chairing the annual meeting of party members at a hotel in Bangkok today.
"Only two points of the charter have been altered. There are more points that need to be rewritten to make the highest law more democratic," he said.
However, constitutional amendment must not be for the benefit of any particular person and Article 309 providing protection for the 2006 coup makers and Section 112 [of the Criminal Code] relating to the high institution must not be touched, said Mr Chumpol.
"To enable the charter change plan to move ahead without conflict, it must be made clear to the public which articles of the charter will be altered. The Pheu Thai MPs must refrain from saying that the constitutional amendment is aimed at bringing former prime minister Thaksin Shinawatra back home," he said.
If these stipulations were met, the Chartthaipattana Party would provide full support for the charter change plan, he added.
Mr Chumpol said the charter amendment process should be started within a year, as set out the government's policy statement.
It could be started during the current parliamentary session, because the amendment process takes a long time.
The government can start by changing Article 291 to pave way for the charter drafting committee to be set up, he added.
Election commissioner Sodsri Satthayatham said the government should ask the people by public referendum whether the constitution should be changed before moving to amend the charter.
Mrs Sodsri said the people's opinion on whether or not the constitution should be altered should be sought prior to any move to legislate for changes.
Only by doing this could the government avoid being accused of having a hidden agenda and political conflict be avoided, she said.
She was not afraid that any rewrite of the charter would dissolve the Election Commission (EC).
EC chairman Apichart Sukhagganont said there should be no severe social conflict if the government could get people to understand why it was necessary to rewrite the charter.
The final decision whether a charter drafting committee should be set up, and if a referendum on charter change should be held, rests with the members of parliament, Mr Apichart said.
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