THE DRAFT CONSTITUTION OF THAILAND

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THE DRAFT CONSTITUTION
4.9.97/THE NATION

TO MARK THE START OF THE PARLIAMENTARY DEBATE ON THE CHARTER
DRAFT, THE NATION IS PUBLISHING AN UNOFFICIAL TRANSLATION OF THE
CONSTITUTIONAL BLUEPRINT IN SERIALISED FORM. FOLLOWING IS THE
FIRST INSTALMENT.
                                                                
CHAPTER 1: GENERAL

Article 1: Thailand is a single and indivisible kingdom.

Article 2: Thailand is a democracy under the rule of a
constitutional monarch.

Article 3: Sovereign power belongs to the people of Thailand, and
the monarch applies that sovereignty through Parliament, the
Cabinet and the Court under the provisions of the Constitution.

Article 4: Human dignity, rights and the liberty of individuals
shall be protected.  

Article 5: All Thai citizens are entitled to equal constitutional
protection regardless of their origin, gender or religion.

Article 6: The Constitution is the supreme law of the land. All
provisions of laws, rules or regulations which contravene those
of the Constitution are void and without effect.

Article 7: When there is no direct provision to apply to any
particular case, that case shall be treated in accordance with
the conventional principles of democracy under the constitutional
monarch. 


CHAPTER 2: THE MONARCH

Article 8: The King is the country's revered institution. Nobody
can sue, accuse or show contempt for the King.

Article 9: The King is a Buddhist and guardian of all religions.

Article 10: The King is the supreme commander of the kingdom's
military.

Article 11: The King is empowered to confer ranks and royal
decorations.

Article 12: The King appoints the chairman of the Privy Council
and no more than 18 privy councillors. The Privy Council is
tasked with giving advice to the King and engaging in other
duties as prescribed in this Constitution.

Article 13: The appointment and removal of privy councillors
depends on the will of the monarch.

Article I4: Privy councillors must not be members [or employees]
of Parliament, or the election commission, or the Constitution
Court, or the National Human Rights Committee, or the
Administrative Court, or the Counter Corruption Commission, or
government agencies, or state enterprises, or political parties,
or the parliamentary ombudsmen team, or government budget
auditing teams. They must also be politically neutral.

Article 15: Privy councillors take an oath after their
appointment.

Article 16: Privy councillors are relieved of duty when they die,
resign or are removed by the King.

Article 17: Appointment and removal of royal aides depends on the
will of the King.

Article 18: The King appoints his royal representative when he is
out of the Kingdom or is not able to carry out his royal duties
for whatever reason.

Article 19: If the King does not appoint his royal representative
under circumstances stated in Article 18, or if the King is
unable to because he has not come of age or because of other
reasons the Privy Council will nominate a royal representative.
The nomination shall be confirmed by Parliament.

Article 20: Before appointment of a royal representative, or if a
royal representative cannot perform the duty, the chairman of the
Privy Council can function as acting royal representative
temporarily. In this case, the Privy Council will elect an
interim chairman.

Article 21: A royal representative must take an oath after
appointment.

Article 22: The 1924 royal rules on a successor's ascension to
the throne shall be applied when it comes to succession of the
throne.

The King has exclusive power to change or amend royal rules on a
successor's ascension to the throne. The King's will shall be
written as new rules by the Privy Council. After the written
rules receive the King's approval, Parliament shall be informed.
The rules shall become legally binding once the Parliament
president countersigns the royal command and makes an
announcement in the royal gazette.

When the House of Representatives is dissolved or completes its
term, the Senate can perform the duty on Parliament's behalf.

Article 23: When the throne is vacant and an heir has been
appointed by the Kung under the 1924 royal rules on a successor's
ascension to the throne, the Cabinet shall inform Parliament,
which then will convene a session. The Parliament president shall
then usher in the heir to the throne and make a public
announcement.

In the event that no heir has been named, the Privy Council shall
apply the 1924 rules in nominating an heir. The King's daughter
can be nominated. The nomination shall take effect after being
approved by Parliament. The Parliament president shall then usher
in the heir to the throne and make a public announcement.

When the House of Representatives is dissolved or completes its
term, the Senate can perform the duty on Parliament's behalf.

Article 24: When the heir has not yet been ushered to the throne,
the chairman of the Privy Council shall function as the royal
representative. Or if the throne becomes vacant when a royal
representative has already been appointed under Articles 18 and
19, or if the Privy Council chairman is already a royal
representative under Article 20, that royal representative shall
continue royal functions until the heir is ushered  to the
throne.

Article 25: In the event the Privy Council must perform duties
under Article 19 or Article 23, or if the council chairman has to
function under Articles 20 or 24 - during which there is no
council chairman or the chairman cannot perform duties
effectively - the council shall appoint a member to become its
chairman.

CHAPTER 3. ON RIGHTS AND LIBERTIES OF THAI CITIZENS

Article 26: The exercising of state authority must take into
account the human dignity, rights and liberty of individuals as
stated in this Constitution.

Article 27: Rights and liberties endorsed by this Constitution
explicitly n or implicitly, or by the Constitution Court, shall
be protected and legally bind Parliament, the Cabinet, courts,
and other government agencies in making, enforcing and
interpreting laws.

Article 28: Individuals can invoke their rights, liberties and
human dignity as long as they do not breach others' rights and
liberties or do not violate the Constitution and public morality.

Individuals whose rights and liberties as prescribed in this
Constitution are offended can use the constitutional provisions
to bring their cases to the courts.

Article 29: Restriction of rights and liberties as enshrined in
this Constitution cannot be done except through provisional laws
allowed by this Constitution. The provisional restriction must
not exceed the necessary limit and must not affect the essence of
the rights and liberties.

Such restriction must be for the purpose of general law
enforcement and must not be adopted to deal with particular cases
or particular citizens. Such laws must also mention
constitutional provisions allowing the restriction.

Article 30: All persons are equal before the law and are entitled
to equal protection and application of the law. Men and women
have equal rights.

Discrimination against persons by reason of difference in origin
or country of birth, race, language, age, physical or health
status, personal status, economic or social status, religion,
education, or political ideology is unconstitutional.

Measures devised by the government to remove obstacles and
promote the rights and liberties of some people to set them on an
equal footing with others will not be regarded as discrimination.

Article 31: Individuals have rights and liberties in their lives
and in body. Arrest, detention or personal search that violates
this principle is prohibited unless it is done lawfully.

Torture or any kind of cruel or inhumane punishment is
prohibited. Lawfull execution is not considered torture or cruel
or inhuman in this sense.

Article 32: Individuals shall not receive criminal punishment
unless having broken the current criminal law. The punishment
must net be harsher than what is prescribed in the current law.

Article 33: AU criminal suspects must be presumed innocent.

Unless convicted, all suspects must not be treated as guilty.

Article 34: The rights, honour, and privacy of family members are
recognised and must be protected. Public statements and publicity
of a statement or picture, no matter by what means, are not
allowed if they adversely affect the rights, honour, or privacy
of a person with the exception that the publicity is in the
public interest.

Article 35: Unlawful entry or searching of private property is
prohibited.

Article 36: Persons have the right and liberty to travel and
choose their residence. Restricting that right or liberty is
unconstitutional unless it is allowed by law for the purposes of
national security, peace and order, public welfare, town planning
or welfare of young people.

Banishing a Thai citizen or barring a Thai citizen from entering
the country is prohibited.

Article 37: Individuals have the right to lawful communication.

Search, seizure or exposure of lawful communications or any
attempt to eavesdrop on such communications is prohibited unless
through laws on national security or peace and order.

Article 38: People have the right to choose and practice religion
as long as their civic duties and public morality are not
affected and their rights shall be protected, and must not lead
to a reduction of others' rights.

     Article 39: People have the right of liberty of expression,
speech, writing, printing, publicity and communication by other
means.

The restriction of any freedom and liberty guaranteed by
paragraph 1 is unconstitutional except when imposed under
authority of a law specifically enacted for the purpose of
preserving national security, protecting rights, liberties,
honour, family rights, or the privacy of others, for the keeping
of peace and order, for the maintenance of public morals, for
protection or stemming from the deterioration of the moral or
physical well-being of the public.

It is unconstitutional for the government to order a shutdown of
the press, of a radio station, or of a television station with a
view to undermine such freedom.

It is unconstitutional for the government to impose a ban on
printing, newspaper publishing, radio or television station
broadcasts except when it is imposed by a court judge whose
sentence is handed down under the authority of the law.

State censorship is prohibited unless during time of war and
through laws in accordance with Paragraph 2.

Owners of media organisations must be Thai.

The state is not allowed to financially support privately-owned
media organisations.

Article 40: The frequency bands used for radio, television
broadcasts and telecommunications are communication resources in
the public domain.

An independent public organisation must be set up to assign bands
as contemplated by paragraph 1, and regulate and supervise the
bands transmitted by radio, television and telecommunications as
provided by the law.

The operations of paragraph 2 must be in line with the best
interest of the people at both national and local levels and for
educational, cultural and national security purposes, and with
the spirit of free enterprise.

Article 41: Employees of media organisations have rights and
liberties in accordance with the Constitution and must not be
ideologically controlled by the organisations' owners. This also
applies to employees of state-owned media organisations.

(To be continued)


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