People's Alliance For Democracy
Announcement Number 1/2012, Wednesday 22 February 2012
( Last edit 2012-02-22 )
Following Miss Yingluck Shinawatra's cabinet preparation for the Draft Constitution of The Kingdom of Thailand Article 291 Amendment which would lead to the selection and election of the 99 Constitution Drafting Assembly Members, and national referendum as to be submitted to the House of Parliament's assembly on February 23, 2012, core leaders of PAD have convened and agreed to the following stances.
We see that this Constitution amendment is only a deceptive deed to lay down qualifications of Constitution Drafting Assembly Members to first abolish the whole present constitution and later to lead to enactment of a new constitution. This can be considered as a coup d' etat against Thailand which would eventually seize the country through the constitution to subject to the grip of parliamentary dictatorship under party's corrupt capitalists.
The source of the 99 Constitution Drafting Assembly Members which are from one-per-each-province 77 provincial elections and 22 qualified members selected by MPs, is considered a deceptive deed intending to win the majority of the assembly under current influential politicians, because the assembly members who come from region-wise local election, similar to the current elected senators, would be linked to the patronage system and party politicians. Practically, such elected senators mostly are under control of politicians and parties, and obviously cannot perform check and balance over the administration.
Thus, being under Pua Thai government's clear objectives before the general election to amend the constitution for their own self-interests, the election of 77 Constitution Drafting Assembly Members, is a calculated deceptive deed to place pre-determined people under control of the government to eventually satisfy the government's target to amend the constitution.
Similar to the selection of 22 experts or qualified Constitution Drafting Assembly Members, there would be a selection by the assembly of MPs which, under the ratio, is calculably under control and influenced by the government who holds the majority in the house.
The selection and election is actually leading to the party owner's 2 main objectives given to corrupt capitalism politicians as follows.
1.Launder the past crimes of the party owner and his crony
2.Tighten the grip of power for himself and his crony for absolute authority in the future.
Thus, as a matter of fact, the present politics is practically not democratic because the majority of the lawmaker is on the same side of the administration. Practically, there is no real check and balance while the constitutional independent bodies have been weaken, particularly the Election Committee, the National Counter Corruption Committee and Ombudsman. In turn, the judiciary process cannot check on the administration and the lawmaker. Consequently, parliamentary dictatorship by corrupt capitalists monopolized by party owners, has thrived whereas Thailand's politics become catastrophic no matter whoever is the government. They are all corrupt. Thailand has been corrupted over 1-2 million million baht for the past decade.
Therefore, this attempt to amend the constitution is an arrogance and abuse of power by the parliamentary dictatorship in Thaksin's corrupt capitalist regime, which wants to abolish the whole constitution and to absolutely seize the power, in order to achieve the final goal that is laundering of the past crimes and tighten the grip of power to the absolute extent and revocation of the check and balance. This would only to entertain politicians, but not for public interests whatsoever. This divides citizens of the nation whilst they are utmost suffering from highly soaring-price goods, oil, and energy which are results of monopoly and explotation by PTT. The relief of flood victims is patchy and inadequate while the administration is inefficient etc. Still, those politicians are only interested in abolition of the constitution for their own interests. Thus, the national crises are not because of the constitution but because of corrupt behaviours.
The Constitution of The Kingdom of Thailand BE 2550, article 68 states that a person may not exercise his rights and freedom as granted by the constitution, to abolish the Democracy under Constitutional Monarchy as stipulated by the constitution, or to acquire the national administrative authority with unconstitutional course.
Moreover, the government's draft of Constitution of The Kingdom of Thailand article 291/1 to 291/16's text obviously confirms that it is not an amendment of the Constitution of The Kingdom of Thailand BE 2550. But it is the draft law to empower a group of people with special authority to abolish the whole current constitution with a creation of a new constitution through Constitution Drafting Assembly which would be selected by the parliament themselves. Also, it would empower Electoral Committee with extra-constitutional authority to arrange the election for members of Constitution Drafting Assembly and the national referendum for approval of the new constitution etc. Therefore, this amendment can be considered as an obvious abolition of the whole constitution.
Furthermore, since the draft amendment of Constitution of The Kingdom of Thailand article 291 is made by the cabinet without prior public hearing of whether or not to amend such article, the constitution stipulates that the amendment of article 291 is to be a joint assembly of the Houses according to article 136(16) to resolve such issue of whether or not to amend article 291. Neither the cabinet nor the lower house cannot draft the constitution article 291 amendment and submit for approval in the House of Parliament because it is not under the authority of the cabinet or lower house.
Additionally, the draft amendment of constitution article 291 also includes amendment of Constitution of The Kingdom of Thailand BE 2550 article 136 with a clause saying, "(17) Approval of Constitution Drafting Assembly Members article 291/1(2)". This is an amendment of article 136 on top of article 291 without a "Motion" to amend article 136.
The Constitution of The Kingdom of Thailand BE 2550 has passed a national referendum of 14.7-million-votes majority approval. Amendment of article 291 without such national referendum can be considered as an abolition of the constitution without public hearing and forcing a new constitution for people's approval.
Such measures are, therefore, acts of unconstitutional acquisition of national administration as stipulated by the Constitution of The Kingdom of Thailand BE 2550 and acts which indicate abolition of Constitutional Monarchy Democracy according to the current constitution. Such measures are against the constitution articles 68, 122, 136 (16), 291, 270 and its context.
PAD sees following measures are deemed necessary.
1. Filing criminal charges against political post holders, filing revocation of political parties, impeachement of MPs, senators, and the cabinet who are involved in this constitution abolition, would be carried out by Mr.Suwat Apaipakdi, PAD's lawyer.
Therefore, we would like to issue a warning to honourable MPs who are loyal to the country. Please do not fall into this abolition of the constitution's bandwagon. Please join the opposition of the abolition of the constitution in all occasions. Please hold your MP's inauguration oath which was given according to the constitution article 123, "I swear that I shall carry out my duty with honesty and truthfully for national and public interests. I shall defend and precisely abide by the Constitution of the Kingdom of Thailand."
2. Leaders, coordinators, representatives of PAD in all provinces are invited to convene on Saturday, March 10, 2012 at 10:00 to prepare for readiness and to rise up against this constitution abolition aiming for a full and absolute seizure of Thailand, in order to be prepared for immediate mass rally if the Royal authority or Royal institutions would be affected by the constitution amendment OR if there would be laundering of politicians' past crimes, AND to prepare for a campaign to call for a future major change and reform. The convention site is to be announced later.
People's Alliance For Democracy
Wednesday, February 22, 2012