US embassy cable - 05BANGKOK3635

UNCLAS SECTION 01 OF 03 BANGKOK 003635 
 
SIPDIS 
 
SENSITIVE 
 
DEPARTMENT FOR EAP/BCLTV. HQ USPACOM FOR FPA HUSO. 
 
E.O. 12958: N/A 
TAGS: PGOV, TH, NCCC - National Counter Corruption Commission , Constitutional Changes/Amendments 
SUBJECT: THAILAND:  NCCC RESIGNATIONS SPUR MOVES TO AMEND 
CONSTITUTION 
 
REF: BANGKOK 3521 
 
1.  (SBU)  Summary:  The Thaksin administration and the 
political opposition are both drafting proposals for a 
constitutional amendment on the selection process for the 
National Counter Corruption Commission (NCCC), from which all 
nine National Counter Corruption Commissioners resigned 
following their convictions for fiscal malfeasance (Reftel). 
The opposition, led by the Democrat Party (DP), is expected 
to submit a version that would drop the political parties 
from the process and add participants from other 
organizations.  In addition to the NCCC, the opposition is 
proposing this process for selection of the Election 
Commission and the Constitutional Court.  The government's 
version, which reportedly will limit the political parties 
participants to the Leader of the Opposition and the 
President of Parliament, is expected to be submitted to the 
Parliament over the next several days.  Significantly, a 
powerful, but disaffected faction within the governing Thai 
Rak Thai (TRT) party is saying that amendment of the 
Constitution should not be restricted to the article 
governing selection of the constitutional independent bodies, 
but should also include revision of articles that have 
circumscribed the ability of members of Parliament (MP) to 
change parties.  End summary. 
 
CABINET GO-AHEAD FOR AMENDMENT ON NATIONAL COUNTER CORRUPTION 
COMMISSION 
 
2.  (U)  The Thaksin administration is expected to shortly 
submit to the Parliament an amendment on the selection 
process for the disgraced National Counter Corruption 
Commission (NCCC), from which all nine National Counter 
Corruption Commissioners resigned following their recent 
convictions for fiscal malfeasance.   Following the Cabinet's 
regular Tuesday meeting on May 31, Deputy Prime Minister 
Wissanu Krea-Ngam had announced that that the government 
agreed to initiate an amendment to Article 297 of the 1997 
Constitution that sets forth the composition of the selection 
committee for the National Counter Corruption Commission. 
DPM Wissanu said the Government would confine the scope of 
the amendment to this aspect only.  The Council of State is 
tasked to draft an amendment bill for submission to the 
National Assembly in the next several days. 
 
The government's proposed selection committee would include: 
 
- President of the Supreme Court of Justice 
- President of the Constitutional Court 
- President of the Supreme Administrative Court 
- 7 State Universities Rectors 
- Chairman of the Election Commission of Thailand 
- Chairman of the Human Rights Commission 
- Ombudsman 
- The Auditor-General 
- President of the National Assembly 
- Leader of the Opposition. 
 
OPPOSITION PROPOSAL EXPECTED TO GO FARTHER 
 
3.  (U)  The opposition parties (Democrat and Chart Thai) are 
also expected to submit to Parliament their own proposed 
constitutional amendments concerning the composition of 
selection committees for membership on the key "watchdog 
bodies" -- the Election Commission, the Constitutional Court 
and the National Counter Corruption Commission.  As in the 
case of the government's submission, the opposition proposal 
drops the stipulated 5 representatives of political parties 
from the process, but adds 5 participants selected from among 
the 99 members of the National Economic and Social Advisory 
Council (NESAC). (Note: NESAC was created as an independent 
mechanism by the current 1997 Constitution, Section 89, which 
states: that "For the purpose of the implementation of this 
Chapter, the State shall establish the National Economic and 
Social Council to be charged with the duty to give advice and 
recommendations to the council of Ministers on economic and 
social problems.  End note)   The opposition also proposes 
adding 4 other members of the selection committee to be drawn 
from the 86 members of the Assembly of Supreme Judges. 
 
Under this proposal, the new selection committee will 
comprise the following members: 
 
- 5 members of the National Economic and Social Advisory 
Council 
- 2 Human Rights Commissioners 
- 7 State Universities Rectors 
- President of the Supreme Court of Justice 
- President of the Constitutional Court 
- President of the Supreme Administrative Court 
- 4 Supreme Court Judges. 
 
IF THE AMENDMENT PROCESS GOES FORWARD 
 
4.  (U)  The constitutional amendment process is based on 
Article 313 of the Constitution, and consists of the 
following principal steps: 
 
Submission of the Amendment Motion 
 
The Council of Ministers (or the Cabinet), or 1/5 of the 500 
MPs in the House of Representatives (i.e., a minimum 100 
MPs), or 1/5 of both the  combined House and 200-strong 
Senate (i.e., 140 MPs and Senators altogether) are authorized 
by the Constitution to propose amendments to the National 
Assembly (Joint Session of the House and Senate). 
 
Amendment Process: 
 
The motion or draft constitution amendment will be submitted 
to the National Assembly for three required readings: 
 
First Reading - Voting in the first reading for acceptance in 
principle of the draft shall be by roll call and open voting, 
and has to be approved by votes of not less than half of the 
total number of the exiting members of both Houses (not less 
than 350 votes); 
 
Second Reading - Voting in the second reading for 
consideration section by section shall be decided by a simple 
majority of votes; and 
 
Third Reading - Voting in the third reading shall be made 
after 15-day interval from the second reading and the vote is 
decided by roll call and open voting, and its approval must 
be approved by votes of more than one-half of the total 
number of the existing members of both Houses (or more than 
350 votes). 
 
Royal Endorsement 
 
Following approval by the Parliament, the draft constitution 
will be submitted to the King for Royal endorsement and 
subsequent inclusion in the Government Gazette before it 
becomes effective. 
 
IN OPENING CONSTITUTION FOR AMENDMENT SOME MPS SEE AN 
OPPORTUNITY 
 
5.  (U)  On May 31, Surapol Fongngarm, Constituency MP from 
Ubon Ratchathani and a leading member of the Wang Nam Yen 
Faction of Thai Rak Thai Party (TRT), said that members of 
his faction, including faction leader and TRT Party Chief 
Advisor Sanoh Thiengthong, had decided that amendment of the 
current Constitution should not be restricted to the article 
governing the selection committee for the National Counter 
Corruption Commission (NCCC) and other constitutional 
independent bodies.  Rather Surapol added, all other 
"controversial" articles of the 1997 Constitution should be 
looked at.  He listed for consideration the requirement that 
a candidate must be a member of a political party for at 
least 90 days prior to  election day (Article 107 (4)), and 
the voting requirements for the submission of no-confidence 
debates against the Prime Minister (Article 186) and 
individual ministers (Article 185)).  The Wang Nam Yen 
Faction's move clearly contradicts Prime Minister Thaksin's 
stated intent to sponsor only an essential constitutional 
amendment governing the composition of the NCCC selection 
committee and reflects the faction's chaffing under the 
restrictions the Constitution place on the ability of faction 
leaders to engage in political maneuvering and horse trading. 
 
6.  (SBU)  Comment:  While the conundrum brought about by the 
1997 Constitution's ill-defined rights and selection formulas 
for the independent committees can be remedied through some 
legal fine tuning, the question of amending articles relating 
to the powers of the members of Parliament is more 
significant and potentially troubling.  The 90-day rule has 
brought about its intended purpose of keeping factions from 
switching parties and provided the political stability that 
the drafters envisioned.  This will be the first time that 
this reform constitution has been opened for amendment. 
There have been other proposals over the past several years 
for constitutional amendments, but, with enough general 
chariness about the possibility that Parliament, public 
advocacy groups and business interests might seek to change 
selectively portions to fit their agendas -- precisely the 
situation now -- the issue has always dissipated. 
 
BOYCE