King backs interim charter

NCPO handed special 'crisis' control powers

His Majesty the King has endorsed the provisional constitution, paving the way for the establishment of a national legislative assembly (NLA), an interim government and a national reform council.

The promulgation of the 48-section interim charter was officially declared in the Royal Gazette Tuesrday.

The new interim charter includes a special stipulation which allows for amendments giving the National Council for Peace and Order (NCPO) special powers to deal with “uncontrollable situations”.

Under the charter, an interim cabinet of no more than 35 members will be established.

The final section of the interim charter — Section 48 — grants amnesty to NCPO members and anyone acting on its orders following the May 22 coup that seized power from the Yingluck Shinawatra government.

The provisional constitution also states that a 36-member constitution drafting committee will pen a new permanent charter.

The chairman of the drafting panel will be nominated by the NCPO.

The national reform council will nominate 20 members, while the NLA, the interim cabinet and the NCPO will each nominate five.

His Majesty the King granted an audience to NCPO leader and army chief Prayuth Chan-ocha at Klai Kangwon Palace in Prachuap Khiri Khan’s Hua Hin district at 5pm Tuesday.

The monarch presented the interim charter, which he had signed, to Gen Prayuth.

The military junta chief said last month that a national legislative body would be formed a month or so after the country had an interim charter, while an interim administration will be created by September. The reform council could be established by October, he added.

Gen Prayuth has not said whether he will take up the post of prime minister in the interim government. He is due to retire as army chief at the end of September.

Under the charter, the president of the NLA, which will be formed after the promulgation of the charter, is authorised to nominate the new interim prime minister for royal endorsement. The King would then appoint a premier chosen by the NLA.

The interim charter stipulates that the NLA will be made up of no more than 220 members while the national reform council will comprise no more than 250 members.

The reform council will be tasked with overhauling national administration, the legal and judicial system, local administrations, education, the economy, energy, public health, the environment and the mass media.

Section 44 of the interim charter authorises the NCPO leader to exercise the powers of the executive, legislative and judicial branches of government for the sake of national security, reform and unity, and to prevent threats to national security.

The actions and orders of the NCPO leader are deemed legal and constitutional.

Section 46 of the interim charter allows for amendments to the provisional constitution.

Amendments require joint approval from the NCPO and the interim cabinet before submission to the NLA.

A source from the NCPO’s legal advisory panel said the stipulation is unprecedented.

Such amendments to the interim charter could be necessary in the event the NCPO needs to strengthen its authority to deal with “situations that can not be controlled”, the source said.

This special power is likely to be met with opposition and face calls for it to be revoked, the source added.

The interim charter also gives the NCPO chief the authority to decide whether the new permanent constitution should be put to a referendum.

The NCPO leader is authorised to disband the committee responsible for drafting the charter and appoint a new one to complete a fresh draft of the permanent constitution within one year.

Early Tuesday, the NCPO held a meeting to discuss plans to accommodate the enactment of the new interim charter.

After the meeting, NCPO spokeswoman Pattamaporn Rattanadilok na Phuket said the junta has approved 12 urgent legislative items which will be tabled to the NLA for deliberation.

The 12 legislative items are among more than 400 which the NCPO’s legal affairs division has compiled and will present for NLA consideration.

Ms Pattamaporn said the 12 pieces of legislation include a bill on providing protection to the monarch and members of the royal family, another on the protection of personal information and a bill on land reform for agriculture.

Bills on media development, international air transport, quality control for animal feed, life insurance and accident insurance are also included.

Of the 400 legislative bills, a total of 138 were approved by the cabinet of the previous government, but failed to be submitted for parliamentary consideration when the House of Representatives was dissolved on Dec 9.

The source from the NCPO’s legal affairs and justice division said more legislation is expected to be submitted for approval at junta meetings over the next few weeks.

The source also said legal expert Visanu Krue-ngam, who heads the NCPO’s legal advisory panel, has proposed that the NCPO draft a new set of laws to govern all ministries.

Source: Bangkok Post