Asean Charter sits precariously in NLA

Some members of the legislative body missed the point during the recent censor motion to grill Prime Minister Surayud Chulanont when they questioned why the government did not submit the Japan-Thailand Economic Partnership Agreement (JTEPA), as required by the constitution.

Article 190 states that prior to the signing of any pact with foreign countries or international organisations, which might significantly affect national security, the economy and civil society, the Cabinet needs a public hearing and approval from Parliament.

Foreign Minister Nitya Pibulsonggram simply replied that the JTEPA was signed in April, months before the current constitution came into force in August.

Although the pact with Japan is effective on November 1, the Foreign Ministry has no legal obligation to bring it to the NLA for consideration.

In fact, the ministry did submit the JTEPA to the assembly before the signing although the previous constitution did not require it.

Ironically, a member who attacked the PM on the issue during the motion was the same person who praised the government's initiative to have the economic pact with Japan.

Consistency seems hard to find among Thai lawmakers, regardless of where they come from - selection or election. Political gain is the sole factor in dictating their direction.

Nonetheless, the Asean Charter this time is the real thing for members of the NLA to test their knowledge and understanding of international relations, as well as the kingdom's obligation and mission to build a real sense of community for the 40-year-old regional grouping.

After four decades, Asean will have a constitution that has a clear legal status, structure and rules of engagement. The charter will give birth to a human rights body - the first ever within the group - to promote and protect the basic rights of people in the 10 member countries, of which many have a poor track record.

The NLA will need to work under the pressure of time constraints as the 10 leaders of Asean will sign the charter when they meet in a summit in Singapore on November 20.

The Cabinet on Monday endorsed the latest draft of the charter, which had been finalised by the High Level Task Force on the Asean Charter on Sunday in Vientiane. The charter is expected to proceed to the NLA's first reading by the first week of November.

Article 190 requires the authorities to do two things: open a public hearing to allow citizens to access the substance of the agreement to be signed with the foreign countries of international organisations, and also to submit a framework of negotiation to the Parliament.

As the negotiation of the terms in the charter began before the Constitution, Article 305 (5) allows a bypassing of the discussion on the negotiation framework but remains an endorsement before the signing.

Another legal technicality is whether the government needs to open a time-consuming "formal public hearing". The Foreign Ministry says it has held many "informal" discussions on the essence of the Asean charter with academics and students in the capital and major provinces including Chiang Mai, Lampang and Chon Buri. But can that be deemed a constitutional public hearing?

The summit hosts in Singapore are worried over Thai constitutional procedure that could delay the signing. Some diplomats even circulated observations to call Thailand's bluff saying the kingdom might intend to delay the signing until the next summit in Bangkok in 2008, so that the Thai capital can gain an elevated position in Asean.

The 1967 declaration to establish Asean was signed in Bangkok.

Some might imagine romantically that the charter to turn the group from an ad hoc body into a European style of rule-based organisation could also be inked in Bangkok again.

The Foreign Ministry has rejected the idea and hopes no NLA member has any plan to rock the charter during the reading.

The deputy director-general of the Department of Information, Piriya Khempon, has emphasised to the press that the government is committed to having the Asean Charter endorsed by "the Asean Summit in November 2007 in Singapore".

By all means possible, the Foreign Ministry needs to convince the NLA members that the reading and endorsement of the charter really means a mission for the nation - and not just another political game.

Published on October 26, 2007

Supalak Ganjanakhundee

The Nation