Abhisit issues draft charter warning
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Abhisit issues draft charter warning

3 sections risk strife, Democrat boss says

Three draft charter sections need to be fixed in order to avoid further political conflict, Democrat Party leader Abhisit Vejjajiva said yesterday.

Mr Abhisit's pointed to Section 181, Section 182 and Section 298 which he fears could be used to pass an amnesty bill for people who do not deserve it.

Under Section 181, the prime minister may propose a motion calling for a House of Representatives confidence vote. A vote must be held within seven days.

If the motion is voted down, the prime minister may seek a House dissolution. If the House is split or votes in favour, a censure debate by the opposition cannot take place.

Section 182 allows the government to propose important legislative bills for the opposition to deliberate in parliament sessions.

The opposition must table a motion to debate the bills within 48 hours or they will be considered as having received House backing. If the debate is held and the government wins the vote, it will also be seen as endorsed by the House.

Section 298 (6) empowers the Independent National Reconciliation Promotion Committee to seek a pardon for people who have committed criminal offences if they help the committee forge national reconciliation in any way.

Mr Abhisit said such power now rests with the cabinet and he sees no point in giving such authority to the committee. 

Mr Abhisit said the three sections in the draft charter were "dangerous" and if they were not revised a political crisis could be on the cards.

Proposals from the Democrats to be submitted to the Constitution Drafting Committee (CDC) would address these concerns, he said.

According to the Democrat leader, a pardon is traditionally granted to those who have undergone due process of law and repented their crimes. However, Section 289 does not follow this principle and gives the power to absolve to the reconciliation committee.

Mr Abhisit said other Democrat proposals to be submitted to the CDC mostly involve details about the rules governing the political system. He would point out how they might not be effective or even hinder efforts to fix the problems.

The Democrat leader also called on the charter drafters to keep an open mind and listen to the recommendations and suggestions.

The Democrat Party expects to hand over its recommendations to the CDC by May 20.

Mr Abhisit also reiterated the need to put the draft charter up for a referendum, saying he sees no other way it could be accepted. 

A referendum would keep anti-coup elements from using it as an excuse to initiate another political conflict, he said.

A delay of three months, the amount of time needed to organise a referendum, would be worth it, he added. 

Meanwhile, National Legislative Assembly (NLA) deputy president Surachai Liangboonlertchai said NLA members will meet to discuss the draft charter in the middle of this month before submitting their recommendations to the CDC.

Mr Surachai, a former senator, said he is confused by a section that allows the Senate to propose bills. Normally, one of the Senate's primary jobs is to screen legislation.

"If it is to make laws, who will screen them?" he said.

Pheu Thai Party member Chusak Sirinil said on Thursday that the National Council for Peace and Order (NCPO) chief cannot use his powers under Section 44 of the interim charter to order a referendum.

"The interim charter clearly outlines the process of charter drafting. It will be against the charter if the NCPO chief orders a referendum using Section 44," he said.

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