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Published on March 27, 2008

Opposition mounted yesterday to a move by the ruling People Power Party (PPP) to amend two major clauses in the Constitution, which was viewed by critics as a bid to prevent the party from being dissolved, and to weaken the anti-graft agency set up by the coup-makers.

PPP spokesman Kuthep Saikrajang said yesterday the party would push for a comprehensive rewrite, particularly Article 237 prescribing party dissolution, and Article 309, which gives amnesty to coup-makers and members of the organisations they set up.

Article 309 states all acts recognised in the Interim Constitution of 2006 are lawful and constitutional, as are those performed prior or subsequent to the promulgation of the 2007 Constitution.

Kuthep said it would be improper for the Constitution to also protect the Assets Examination Committee (AEC) for their acts performed after the current charter's promulgation. He said the AEC should be liable for legal action if its action led to damage. That could not be the case with Article 309, he added.

However, many senators were against early changes to the charter, which they viewed as self-serving rather than aimed at the public interest.

"This seems to be the problem for a particular group rather than the country," Senator Tuang Anthachai said, adding that many of his colleagues disagreed with the bid for a charter rewrite.

He said a group of senators plan to propose that an upper house committee be formed to study possible problems from the Constitution's promulgation.

The senator said his group would tomorrow submit its motion for the committee's foundation to determine if promulgation of the charter, including Article 237 and others, would lead to problems as alleged by the PPP.

AEC member Kaewsan Atibodhi said the panel was not concerned about the attempt to amend the charter, adding it would continue its work of bringing graft cases to court. He said the PPP and other coalition parties should rather focus on easing the country's problems.

Udom Fuangfung, another AEC member, warned changes to Article 309 could eventually affect the government's legitimacy, as the current Constitution was also passed by the National Legislative Assembly, which was in turn set up by the coup-makers.

Kuthep said the House debate on constitutional amendments is expected to begin next week. Coalition whips will launch the debate based on a motion filed last month by PPP MP Boonchong Wongtrairat, he said.

Proceeding parallel to the debate is the charter review by a government-appointed panel led by PM's Office Minister Choosak Sirinin, he said. The debate, as well as the government's review would come up with the proposed amendments, which would need the endorsement of 96 MPs for parliamentary deliberation by the joint House-Senate session. Should the draft pass the first reading, Parliament is expected to form a special committee to vet it, which will in turn pave the way for all sides to offer a critique and become involved in the rewrite process.

Meanwhile, Democrat leader Abhisit Vejjajiva said his party would not get involved in amending the charter.

"Although I sympathise with the predicament facing Chart Thai leader Banharn Silpa-archa, I think constitutional amendments should be for society rather than any party," he said in reference to the electoral-fraud case punishable by party dissolution.

The Nation