วันอังคารที่ 21 เมษายน พ.ศ. 2558

1st Draft of the Constitution of the Kingdom of Thailand - BOOK IV

Unofficial translation


CONSTITUTION OF THE KINGDOM OF THAILAND



BOOK IV

REFORM AND RECONCILLIATION
                       

CHAPTER 1

General Provisions
                       

                        Section 277.       The provisions in this book create duties to the National Assembly, Council of Ministers, Courts of Justice, every government organization and citizen to reform and reconcile in accordance with the principle and time period as provided in this Constitution.

                        Section 278.       The provisions in this Book shall cease to be in force as from the date that this Constitution has been in force for five except if the citizen with the rights to vote for no less than fifty thousand in number, the National Assembly, or the Council of Ministers arranges for referendum to have the provisions in this Book to continue to be in force. However, it shall not exceed five years as from the date that the majority of the citizen with the rights to vote approves the referendum as provided by the Organic Law on Referendum.


CHAPTER 2

Reform to Reduce the Disparity and to Create Fairness
                       

Part 1
National Reform Assembly and the National Reform Strategy Committee
                       

                        Section 279.       For the benefit of the continuous reform of the country, there shall be the National Reform Assembly and the National Reform Strategy Committee which shall consist of the following persons and origins:
(1)     the National Reform Assembly shall consist of members not exceeding one hundred and twenty persons, whom are appointed by the King from the following persons;
(a)        sixty members of the National Reform Assembly under the Constitution of the Kingdom of Thailand (Interim) B.E. 2557;
(b)        thirty members of the National Legislative Assembly under the Constitution of the Kingdom of Thailand (Interim) B.E. 2557;
(c)         expertise who have skills in different kinds of reforms;
(2)     the National Reform Strategy Committee shall consist of full time members of the committees and come from qualified persons who are experts in different types of reforms for not exceeding fifteen persons appointed by the King, upon the resolution of the National Reform Assembly.
                        The Prime Minister shall countersign the appointment of the members of the National Reform Assembly and the National Reform Strategy Committee.
                        Qualifications, prohibitions, rules and obtaining of members under paragraph (1) and committee under (2), other powers and duties, execution of work including other necessary matters shall be in accordance with the Organic Law on National Reform.
                        The National Reform Assembly and the National Reform Strategy Committee shall have the following powers and duties:
(1)     to propel the reform by proposing policies and recommendation for reform to the National Assembly, Council of Ministers or relevant agencies in order to reduce the disparity and create fairness as provided in this Chapter. In respect of other reforms which are not provided in this Chapter shall be executed in accordance with recommendations of the National Reform Strategy Committee, with the approval of the National Reform Assembly of a vote of no less than three-fourth of the total number of the existing members of the Council;
(2)        to present plans and procedure in the enactment of laws and the performance in order to create the reform of the National Reform Assembly and plans and strategic reform of every part to integrate to actually and continuously reduce the disparity and create fairness;
(3)        to promote education, research, and publication of knowledge concerning reform;
(4)        to create and develop potentials of the public to be good citizens including to promote the social movement with the reform assembly procedure;
(5)        to follow up and evaluate the work of related agencies in order to create harmonised reform in accordance with the provisions in this Constitution;
(6)        to perform other acts as provided by the Constitution or laws.
                        When the Council of Ministers receives the proposal under (1), it shall consider carrying out such proposal and supporting with sufficient budget. In the case where the Council of Ministers is unable to carry out the proposal, it shall inform its reasons to the National Assembly and the National Reform Assembly for acknowledgement. In the case where the be the National Reform Assembly passes a resolution with the votes of no less than three-fourths of the total number of the existing members of the National Reform Assembly that the reform, which the Council of Ministers does not carry out, is highly important and that the referendum, on whether or not such execution shall be carried out, shall be held. The result of such referendum shall have the binding effect on the Council of Ministers and the National Reform Assembly.
                         There shall be a secretariat office of the National Reform Assembly which shall be independent in management of personnel, budget, and other matters as provided by the Organic Law on National Reform.
                        There shall be an annual assessment of the performance of work of the National Reform Assembly and the National Reform Strategy Committee by the National Assessment Committee. It shall inform the National Reform Assembly and the National Reform Strategy Committee and publish the result of assessment to the public as provided by the Organic Law on National Reform.

                        Section 280.       In carrying out section 279 paragraph four (1), if it sees that it is necessary to enact an Act, the National Reform Assembly and the National Reform Strategy Committee shall draft a bill concerning such case and submit it to the National Assembly. Such draft shall be submitted to the Senate first. If the Senate considers the proposed draft bill and passes the resolution of disapproval, such draft bill shall lapse. If the Senate considers the draft bill and passes a resolution of approval, the Senate shall submit such draft bill to the House of Parliament. The provisions in part 6 on the enactment of an Act and Organic Law and Part 7 on the control of enactment of an Act which is contradictory or inconsistent to the Constitution shall apply mutatis mutandis. A Senate committee considering such draft bill shall consist, at least, one-half of the members of National Reform Assembly and the National Reform Strategy Committee.
                        The Senate and the House of Representative shall appoint a non-standing committee to consider such bill and such committee shall consist no less than half of its member of the member of National Reform Assembly and the National Reform Strategy Committee
                        When the House of Representatives have completed its consideration of the draft bill in paragraph one:
(1)     if it agrees with the Senate, it shall continue to carry out under section 156;
(2)      if it disagrees with the Senate, such draft bill shall be returned to the Senate. If the Senate passes a resolution to reaffirm the original bill by the votes of more than two-thirds of the total number of the existing members of the Senate, such bill shall be deemed to be approved by the National Assembly and shall be carried out under section 156.
                        In the case where the proposed draft bill under paragraph one is a money bill it can only be submitted to the Senate upon the endorsement of the Prime Minister.  In this regard, the Prime Minister shall consider for endorsement within thirty days as from the date of receiving the bill.  In the case where the Prime Minister fails to notify the result of consideration within the specified period, the Prime Minister shall be deemed to endorse such bill.

  
Part 2

Various Fields of Reforms
                 

                        Section 281.       The plans and procedure in the reforms, enactment of acts and carrying out to result in different fields approved by the National Reform Assembly especially the carrying out of different fields of reforms as provided in this part.

                        Section 282.       There shall be legal reforms and judicial procedure as follows:
(1)     to allow the public to easily access the laws and rules, an Act on the legal Code to gather and amend the laws and rules on different matters shall be enacted in a complete and modern manner to publicize to the public;
(2)     to allow the citizen with low income to receive legal and case assistance, an Act on legal and cases assistance shall be enacted. There shall be an agency to widely provide necessary legal recommendations to the public, to provide lawyers with actual capacities on cases to precede penal, criminal and administrative cases to citizen with low income. A fund providing legal and cases assistance shall be established for such matter by which the public and professional organizations shall jointly carry out such performance;
(3)     the Law Reform Commission shall have duties and powers to submit to the National Reform Assembly to consider a repeal or amendment of laws or rules, as the case may be, which unnecessary restricts freedom of the citizen or creates unnecessary burden or procedure;
(4)     to amend the laws on the license issuance in the monopoly manner, concession, or providing rights to carry out an operation, by publicly tendering as the principle, except otherwise is necessary. The Council of Ministers may pass a resolution to carry out by any other means but it shall be notified to the public. Any license which is not preceded as permitted without a reasonable ground, such license shall be deemed to cease. The government agency with the authority to issue the license shall prove the necessity of having such license to the National Assembly every five year;
(5)     to reform the law on alternative judicial procedure, judicial procedure for the harmony including dispute settlement between the citizens by the community judicial procedure or community dispute conciliation for the integration on mechanism and procedure in such matters;
(6)     there shall be a mechanism for enforcement of civil cases and administrative cases under the Courts of Justice to enforce the Court rulings and orders of the Courts of Justice and Administrative Court as provided by law;
(7)     to arrange the study and training to cultivate the public to obey the laws, honor the persons who strictly and honestly obey the laws and to punish state officials who fail to effectively enforce the laws;
(8)     to reform structure and powers and duties of Office of the Royal Thai Police by transferring the non-core mission of the Royal Thai Police to other relating agencies, prescribe measures to prevent inference with juridical process by political group, prescribe standard criteria for appointment or transfer of polices to be in accordance with the moral standard, decentralized administrative power of polices to Changwat level, establish public participation process in police businesses, improve investigative works in order to be independent from the Office of the Royal Thai Police, allow attorney-general official, Governors, Chief District Officer to have power to join investigation with investigative agency where requested by the public, improve forensic works in the Office of the Royal Thai Police to be independent and efficient and having personal administrative system that adhere to the principle of specialized knowledge, and adequately allocate and decentralize the power to manage budget to area areal units for efficient execution.

                        Section 283.       There shall be reforms on finance, public finance and taxes under the following means:
(1)  to arrange for two levels of taxes which are the national level and the local level and to allow local administrative organizations to have income as necessary for the local expenses. There shall also be the effective system to inspect the use of public budget. In this regard, it shall be as provided by law;
(2)  to establish the law providing the personnel to their organization to the related government agency so that every citizen with income is in the system completely. This is to receive the data which the state can use for consideration when providing assistance to persons with insufficient income and for the persons who pay taxes to receive the benefits as provided by law;
(3)  to adjust the tax system to be efficient, impartial, fair and reduce the economic disparity by considering an abolishment of tax reduction or exemption to the least possible ways;
(4)  to arrange the national pension system in order to cover the citizens which are not in the pension system so that they can live sufficiently and sustainably.
                        There shall be the Committee on Reform of finance and taxes which is independent within the period of one year as from the date that this Constitution is promulgated. It shall consist of representatives from public sector, private sector and academic sector in appropriate proportion and shall have duties and powers to study, analyze and recommend amendments on laws on finance and taxes to create efficiency, impartiality, fairness and economic and social disparity appropriately. This is also to increase the basis of tax in different fields and other powers and duties as provided by law.

                        Section 284.       There shall be a reform in administration of state affairs as follows:
(1)        the administration of state affairs and allocation of budget shall be in accordance with long term national strategies and national economic and social development plans;
(2)        to clearly specify the scope of the duties and powers of state agencies in administration of state affairs in the manner of task force, regional public administration  and other areas and coordinate with integration by holding the principle of participation and happiness of the public;
(3)        to create the system and mechanism in the administration of state affairs by highlighting the providing of services via information technology;
(4)        to revise the work and services to the public provided by state agencies in order to reduce and abolish an overlapping work. Any public service which may be provided by the private sector, civil society or local administrative organizations with quality and standard of no less than the level provided by the government agency. Moreover, the price is not too high. Government agency shall terminate its performance and transfer such duties and services to the private sector,  civil society or local administrative organizations to carry out such tasks;
(5)        to establish regional administration and development agency which supports development of provinces located in the region and supervise government agencies in the area. Such agency is to make plans and administer the area budget in order to develop the regions in accordance with the country development plan and its work shall not overlap with the work of the province and local administrative organizations. It shall coordinate the development administration between the central administration, regional administration and local administration. This is to ensure the integration and sustainability of the develop in provincial areas as provided by law;
(6)        the independent Committee on remuneration of state personnel shall be established to study, analyze, compare remuneration including salary, welfare and other benefits of the state official in every type and level and remuneration in the private sector. This shall be notified to the National Assembly and the Council of Ministers and published to the public every period as provided by law.

                        Section 285.       There shall be reforms in local administration as follows:
(1)        to enact legislation and establish a mechanism which is necessary for the establishment of local administrative organization fully in the provincial areas and shall complete it within one year as from the date that this Constitution is promulgated. The establishment of local administrative organizations shall be promptly carried out in the areas where they are ready and appropriate;
(2)        to establish the national decentralization of powers Committee which shall consist of representatives from the public sector, local administrator, local officials and qualified persons and  one half of the members of the committee shall, at least, consist of the qualified persons and representatives from the citizen assembly. The committee shall specify policies, central standard and propel the decentralization of powers with unity and successfully decentralize the powers. There shall be Office of the National Decentralization of Powers Committee responsible as the secretariat and is responsible for secretariat work and other duties as necessary as provided by law.

                        Section 286.       There shall be educational reform for development of persons to be good citizens with knowledge and potentials by holding the following principles:
(1)        to decentralize the powers in educational management by reducing the roles of the Sate from the education provider to provider of education, promotion, support and supervising policies, plans, standard and following up the assessment of providing of service and promoting the educational institutes to be able to administer education independently, efficiently and responsibly to the result of the educational management. In this regard, the private sector, communities and local administrative organizations shall jointly participate in such matter in an appropriate manner;
(2)        to directly allocate expenses per head to every student sufficiently in accordance with necessity and appropriateness for the education in primary level through the secondary level in both general and vocational education;
(3)        to improve the system of development children in the primary years from the moment a child en vatre sa mere. This shall be done by improving the knowledge to the one who takes care of such child to ensure appropriate capability and relationship in looking after small child in the pre-school age to have complete development and readiness to learn in every aspect including the physical, psychological, intelligence, mood and society;
(4)        to improve the vocational education to the production system and development of personnel in the production line to be skillful and capacity in professional performance in accordance with needs and fields in which expertise is in short supply;
(5)        to improve the higher educational system to be under knowledge management and building of knowledge in an effective manner and to be able to compete with foreign countries and promote academic potentials to serve the society;
(6)        to develop the knowledge management by highlighting the thinking process, use of reasons and learning by doing. This shall include promoting of knowledge environment and public advertisement in education, promotion of education in science and technology together with education in the fields of arts, culture, language, and religion and population study. This is in order to instill conscious of good citizenship with morality, ethics, and good governance of Thai people in every level and this includes knowledge which is penetrative to changes of the world society and able to create the society of intellectual;
(7)        to improve the production system, development and assessment of teachers and educational personnel by using the educational achievement of students. In this regard, the production shall emphasize on the characteristics and capacities as appropriate to different level of education;
(8)        to develop the system of good governance in the educational circle in order to solve corruption and malfeasance and to establish the system of transparency inspection of the administration and educational management of every level;
(9)        to adjust the systems of test and evaluation of the educational result to be the test for learning,  skills and the qualifications of learners to spread in every aspect in order to develop such learners. In respect of the evaluation of educational institutes, it shall be the evaluation for development and quality certification;
(10)   to improve the structure of national, regional and local educational administration in order to enhance the level of quality and efficiency of education and human development and to facilitate the educational reform and develop human to reach successfulness.
(11)   to improve the professional councils to have specific powers to certify the curriculum under their responsibilities without affecting academic freedom of higher educational institutes;
(12)   to establish the educational law code and this shall be by amending the law on national education, the law on official administration of the Ministry of Education, the law on teachers and educational personnel and the law on Teachers’ Council including the law on standard and educational quality certification, allocation of educational resources and on actual participation of the public, communities, private sector and civil society in the educational administration. In this regard, it shall be as provided in the provision in this part.
                        In order to execute the educational reform under this section promptly and continuously, the Committee on national educational policies and human development shall be established under the supervision of the Prime Minister within one year as from the date that this Constitution is promulgated. It shall have the duties to reform the education and develop human in all aspects of life, to prescribe policies, strategic plans, to scrutinize the allocation of budget on education and human development including conducting and improving all laws necessary to resolve any obstacles to educational reform of every agency which administers education.
                        Composition, sources, powers and duties and operation of the Committee on national educational policies and human development shall be as provided by law.

                        Section 287.       There shall be reforms in management and administration of national resources, environment and urban planning. Such reforms shall consider the philosophy of sufficient economy, good governance on environment, fair and sustainable access to natural resources and sustainable development as follows:
(1)        reforms in the system and structure, organization and laws on management and administration of natural resources and environment. This shall be by conducting environmental law Code, natural resources law Code, an enactment of law relating to water management, protected sea area management, hazardous waste and sewage management and law on community right and decentralization. This shall include amendment of laws on promotion and conservation of environmental quality, the law on urban planning and urban development and other related laws;
(2)        to improve the mechanism for management and administration of natural resources and environment by developing the system and structure of the Environmental Impact Assessment Report, Impact Assessment on health, Environment Fund, urban planning, use of land management, the system of the use of sea area management. The environment assessment shall be included in the strategy when specifying policies, plans and area development, establishment of national income account which include the calculation of cost on natural resources and environment, the system of environmental tax, expansion of responsibilities of producers in relation to impacts from products and the use of other economic tools in environment as necessary;
(3)        to develop the judicial procedure on environment, to improve the system of calculation of environmental damage cost, to amend the law on proceeding and rehabilitation of damage, organization and institutes concerning environmental fairness and enforcement of environmental cases;
(4)        to improve the mechanism and procedure in management and administration of natural resources and environment to allow the public and communities to truly participate.

                        Section 288.       There shall be an energy reform as follows:
(1)        to manage and administer the energy with good governance and sustainability. Petrol and other natural fuel which are the national resources and are for the maximum benefit of the country and the public truly. There shall be an enactment or amendment of the law on petroleum and other relevant laws on petroleum in accordance with the earlier principle;
(2)        to improve the exploration, production and the use of petroleum or other energies. It shall consider the impact on natural resources, environmental quality including the way of lives and health of the public and communities;
(3)        to undertake to ensure that the public acknowledges, accesses and understands the data on energy and participate in the prescription of policies and plans on energy in both national and local levels. This shall include the follow-up and inspection of the carrying out of policies and plans.

                        Section 289.       There shall be the labor reform in accordance with the following means:
(1)        to enact a law and to specify the mechanism for the freedom of labor in association,  unification  and negotiation in accordance with the international standard;
(2)        to support the establishment of Labor Bank to be the financial fund for laborer to promote saving and self-development which would lead to better quality of life.
  
                        Section 290.       There shall be a reform in culture under the principle of participation in planning and management and administration by the public and the principle of balances between the government sector, private sector and the public in accordance with the following means:
(1)        to promote the establishment of arts and culture assembly in the local and national levels which shall consist of the civil society in accordance with the readiness in each area. This is to protect, rehabilitate, inherit, promote and develop the arts and culture work in accordance with the diversity in each area. Such assembly shall be independent and coordinate with the National Reform Assembly and the National Reform Strategy Committee;
(2)        to establish the fund on national culture as the fund for civil society to create arts and culture;
(3)        local administrative organizations shall support the budget and undertake whatever is necessary for the promotion of arts and culture.

                        Section 291.       There shall be a reform on science and technology in accordance with the following means:
(1)        there shall be a measure in promotion and development of knowledge on basic science, improvement of teaching and learning of science so that the learners have reasons and are able to think scientifically. This shall include personnel development on science and technology to obtain knowledge and expertise. There shall be attractive measure for Thai scientists who resides in the country and in foreign countries to use their knowledge and expertise to develop science and technology of the country;
(2)         to sufficiently invest in education, research, innovation, and infrastructure in science and technology of the country and there shall be tax incentives and other means to attract the private sector to undertake such acts or join the public sector. This shall include assistance measure in technology transfer and to allow such transfer to truly occur in order to use it as the mechanism in propelling the country to sustainable development and responsive to globalization;
(3)        to establish the data on invention in science and technology and shall widely publicize such data including to promote the use of the research result and invention in the production process and services;
(4)        to establish and develop the mechanism in protecting, sharing and using of the invention, thinking, and creativity in science and technology efficiently;
(5)        to support or invest in local administrative organizations, communities and small entrepreneurs in the sectors of agriculture, production process and services to use the technology and innovation to increase the value of products and services. Local administrative organizations, communities and small entrepreneurs shall participate appropriately to build local and community capacity to be able to stand by themselves
                         In order to execute the reform on science and technology under this section promptly and continuously, the Committee on national reform of science and technology shall be established within one year as from the date that this Constitution is promulgated. It shall have duties to reform the education and develop human in all aspects of life, to prescribe policies, strategic plans, to scrutinize the allocation of budget on education and human development including conducting and improving all laws necessary to resolve any obstacles to the development of science and technology of the country.
                        Composition, sources, powers and duties and operation of the Committee on national educational policies and human development shall be as provided by law.

                        Section 292.       There shall be the reform on macro economy in accordance with the following means:
(1)        to amend the law in order to systematically and effectively prevent, reduce, restrict or destroy monopoly and restriction to competition. The law shall promote free and fair competition between businesses, amongst the private sector, and between the state enterprises and private sector. This shall include a prevention of large business operators to abuse their dominant powers. In the case where it is necessary for the state to monopolize in a business which is beneficial to the majority of the public, the state shall supervise in order to ensure fairness to the consumers;
(2)        to manage and administer the state enterprises systematically, effectively and transparently. This shall include a revise of necessity in maintain each state enterprise and their efficiency. Operational goals of each state enterprise shall be established clearly and good governance of state enterprise shall be improved to the international level.
                                 Roles and duties of the governmental organizations relating to state enterprise shall be prescribed clearly by dividing the difference between the agencies which supervise the businesses in sectorial economy and agencies which are the owner of the state enterprise on behalf of the state. The principle of good governance and prevention of political interference shall be used. There shall be a reform of state enterprise which are making a loss or inefficient by establishing an independent organization to take responsibility in restoring such state enterprises;
(3)        to undertake acts which allow the public and community organization to be equal in opportunity, to have basic knowledge on finance, and to  access basic financial services in the forms of community saving fund, community cooperatives, banking system, capital market or other forms including access to important public utility;
(4)        to continuously allocate additional budgets for extra development in accordance with appropriateness in order to develop poor areas and groups of low income to allow community to be strong and to reduce economic disparity;
(5)        to support the private sector and the public to participate in resolving the problems of economic and social disparity by using appropriate tax legal measure;
(6)        to adjust the structure of supervision and promotion of the cooperatives by improving the standard of performance of the cooperatives to be for saving and to be a secured financial institute with good governance. This is also to improve of other cooperatives in order to promote unification and strength of members under the philosophy of sufficiency economy.
                        For the benefits in resolving the issue of poverty and disparity of income and social opportunity, a central organization shall be established to have powers and duties in prescribing strategies, scope of policy, goal in poverty elimination, and reduction in clear disparity amongst the public. It shall also be responsible for coordination and evaluation of performance of work and other duties and powers as provided by law.

                        Section 293.       The State shall reform micro-economy in accordance with the following means:
(1)     there shall be a strategy plan and execution plan on development of the agricultural sector and agriculturalists, defining the agricultural area including development of standard of agricultural products, the system of product process and agricultural innovation by integrating local knowledge and research study and development. This is to ensure that the agriculturalists have knowledge and income security and to establish Thailand as the base for food security and central future agricultural products and food trading in Asia;
(2)     to dissipate the possession of land fairly, to provide, to reform and to manage the State and private lands which are not economically used so that such lands can facilitate the agriculturists and communities to gain access to the land for making a living. This shall include preserving the land under the conditions as provided by law. The measure used shall be: the establishment of the Land Bank, granting the privilege to the communities to manage the land and resources, land and building tax collection or other appropriate measures. This shall be systematically coordinated and shall lead to the maximum benefit use of land;
(3)     to protect the agriculturalists to receive fairness from agricultural monopoly, contract farming and unfair contract by amending the law on unfair contract terms and enact a law in order to organize contract farming to render it fair for agriculturalists;
(4)     to promote the risk security system for agriculturalists in the case where the risk of production or marketing occurs;
(5)     to promote the development and expansion of area for sustainable agriculture to ensure that it covers, at least, one fourth of the agricultural area. This is to create safety and food security and to increase competitiveness in Thai agricultural sector. There shall also be the law on development and promotion of sustainable agriculture and the agriculturalist organizations and communities shall play an important role in promoting the system of sustainable agriculture together with the public sector. There shall be a control on advertisement on agricultural chemical and promoting its appropriate use in accordance with the academic principle. This is to reduce unnecessary use of agricultural chemicals, to reduce impacts on environment, health of the agriculturalists and consumers;
(6)     to promote tourism sector to be quality tourist places. They shall not be hazardous to the environment and are in accordance with the identity and culture in order to increase income to the country and to distribute such income to the public widely. Participation of such acts shall come from the public sector, private sector and communities and harmonize the work including plans and budgets;
(7)     to reform in order to improve the infrastructure and logistics, to reform the transportation system and to connect every kind of transportation in the domestic and international levels. This is to promote the management of supply chain, to increase the competitiveness and to increase the quality of life including to build a mechanism in cooperation between the public sector and the private sector in such reform;
(8)     to build and develop a society of entrepreneurs by supporting an systematic establishment of small and medium enterprise, supporting the investment, creating the capability to access capital, using innovation to produce commercial products including promoting the creative economy;
(9)     to systematically promote and support investment of Thai private sector in foreign countries in creating opportunities, providing information, establishing the tax measure and other protection measures, investment banks and other related matters.

                        Section 294.     There shall be a reform on public health in accordance with the following means:
(1)     to speed up the development of public health system which highlight the service providing of primary health emphasizing the area as base and the public as the center. This shall include health promotion and protection of threatening diseases and dangers. All these are to result in the communities and local administrative organizations being able to operate such matters together;
(2)     to reform the management and administration of the health security including finance of the health fund to have similar characteristics and standard and to contain equality and fairness, sufficiency and sustainability. This shall emphasis on the participation of all stakeholders in looking after the system. This shall consider wide accessibility, effectiveness and efficiency. These are to oversee the overall picture and sustainability of finance and to establish the execution policies which are fair, reduce disparity, efficient in management and administration and reach the standard and accepted in public health service providing;
(3)     to control expenditure on health by promoting to the public the basic information on looking after their health;
(4)     to establish a mechanism which supervises healthcare system and provision of healthcare service in the fair market economy system, to supervise price of drugs and medical fee to be at the appropriate level and fair to service recipients;
(5)     to reform the production system and decentralize personnel to the countryside by promoting the building of medical personnel via state and private educational institutes;

                        Section 295.     There shall be a social reform in accordance with the following means:
(1)     to reform the laws, rules, and regulations which would help to promote communities to be strong, have the right to take care and manage natural resources and community fund. This is to provide public services and welfare for people in the communities by cooperating with local administrative organizations, private sector and civil society;
(2)     to reform the social welfare system including the social service providing, social security of all groups of citizens, social assistance, and support for social partnership to have wide coverage, sufficient, sustainable, with quality, accessible, and partner with different sectors. This shall highlight the families and communities as the base to establish the strength promotion for civil society and volunteers to execute such work. These are also to improve the assistance system to be continuous to the underprivileged people, disabled people and people near the borders. These shall include the architecture and the housing system which are appropriate to eliminate the disparity and to establish the fairness and good quality of life of the public;
(3)     the state, state organizations, local administrative organizations, and religious places shall arrange for public space to allow people in the communities to jointly use for the activities to create social relationship, entertaining activities and sports;
(4)     to establish a long term plan and execute such plan in order to be ready for the society of old citizen of Thailand especially to establish the saving system for living as the elderly and to be ready for the appropriate elderly age of the public. It shall improve the appropriate retirement system. There shall also be the reform of elderly welfare for those who have insufficient income to survive and to allow them to live appropriately. There shall be a long term care and the use of intelligence capital of the elderly including promoting strong unification and network. A system, mechanism and procedure in management and administration of assets ensuring the long-term care of elderly shall be established;
(5)     the safety security of products and services especially on food safety and a system or mechanism to protect consumers in accordance with advance protection shall be established. These are to prescribe the protection measure to prevent damages or to reduce the impact from cases where they are predictable and a fund for primary compensation and damages for consumers who receive damage from unsafe products or services shall be established.
                         There shall be a Committee on social and community reform within one year as from the date that this Constitution is promulgated. Such Committee shall study and establish plans, recommendations and other laws to push forward the social and community reform. It shall also have duties to follow up, supervise, and promote the social reform to be solid and continuous. In this regard, composition, sources and powers and duties are as provided by law.

                        Section 296.       There shall be a reform in media and information technology for the benefit of receiving information of the public. This shall reach the standard with high quality and receive credibility in the country level and at the international level. The reform shall be in accordance with the following means;
(1)     to establish a mechanism to promote the media professions to have freedom together with responsibility, to push forward the development of mechanism which would secure the freedom from domination and interference by the state powers and capital. This is to ensure that the information gained is correct, complete and covers every aspect. This shall include the promotion of welfare and welfare in the performance of media professions;
(2)     to push forward the development of measures and mechanisms in supervising the media to be more efficient and to be able to supervise themselves on the ethic matter, to supervise the public sector, to establish the measure to promote the public, users and consumers to be aware of the media and to be aware of rights and freedom and responsibilities. These are to avoid hatred between people in the nation, religion and violence between one another;
(3)      to establish a mechanism for distribution and sharing of national communication resources in order to provide opportunities to the public to gain access and to jointly use the benefits. These shall include the promotion of alternative media, community media, peace media and the promotion and support of creativity and production and content which are the public interest and there shall be an agency with legal authority to supervise such matters. 


CHAPTER 3

Reconciliation
                 

                        Section 297.       For the purpose of establishing the harmony, unity and reconciliation among the people of the nation to peacefully live together in the democratic society with differences and measure which will lead the country to sustainable stability and peace, there shall be an independent National Reconciliation Promotion Committee consisting of members of no less than fifteen people appointed by the King from qualified persons who are politically impartial or are not sided with any side of the conflicts or a leader of the conflict.
                        Sources, term of office, powers and duties and operation of the independent National Reconciliation Promotion Committee including the secretariat and other necessary matters shall be in accordance with the Organic Law on the Thailand Reform Committee and promotion of reconciliation.

                        Section 298.       The Independent National Reconciliation Promotion Committee shall have the following duties and powers:
(1)     to study and analyze in order to find grounds for conflicts in the country, damages occurred and recommend means to resolve such matters to the Council of Ministers or National Assembly. In this regard, it shall consider the report or study result produced by other organizations, whether it is domestic or foreign one;
(2)     to establish, execute, and coordinate to create the environment which facilitates the living in harmony and reconciliation of the people in the country. It shall promote the knowledge learning and the use of resolution process to jointly resolve the conflict, to build the network in order to establish the reconciliation in different sectors and to establish the process of reconciliation;
(3)     to be a mediator in coordinating between leaders of the conflict in order to reduce or cease the conflict between one another;
(4)     to gather facts and to conduct reports concerning the conflict, violation of law, violation of human rights and related persons who are offenders. In this regard, the names of related persons or other data which may reveal the identify shall be prohibited except otherwise is a reveal in accordance with the rules, procedure and time as provided by law;
(5)     to rehabilitate people who are victims and their families including to restore human dignity and mind of the affected persons;
(6)     to submit an enactment of a Royal Decree offering Pardon to person who provides facts which are highly useful to the execution of work and to offenders who illustrate their awareness in the offence to the independent National Reconciliation Promotion Committee;
(7)     to study and publicize to the public so that they are aware of the impact of violence, hatred including necessity and benefits of resolving the conflict by peaceful means. This shall include an establishment of reminder for the society to consider the harmful effect and damage occurred to jointly prevent such incidents from reoccurring;
(8)     to promote and recommend the reform to create the fairness in the society especially the judicial proceeding. Such proceeding shall take into consideration the diversity in the society and culture. The Committee shall submit a bill for such act to the Thailand Reform Committee to further submit it to the National Assembly;
(9)     to execute any other matter as provided by Organic Law on the Thailand Reform Committee and promotion of reconciliation.
                         The Council of Ministers, the National Assembly, and state organization shall coordinate with the independent National Reconciliation Promotion Committee including the allocation of sufficient budget for the execution of the independent National Reconciliation Promotion Committee.


FINAL PROVISIONS

Amendment of the Constitution
                       

                        Section 299.       The Motion to amend the Constitution which results in a change of the democratic regime of government with the King as Head of State or a change of the form of the State shall be prohibited.

                        Section 300.       The amendment of the provisions in the Constitution in the General Chapter Book I the King and the citizen and the amendment of the important basic principle as provided in this Constitution shall be executed in accordance with the rules and procedure in section 302.
                        The important basic principle under paragraph one means:
(1)        security to protect rights and freedom and political participation of the citizen;
(2)        the structure of the political institute namely the establishment of the two assemblies, composition of each assembly, checks and balances between the executive branch and the legislative branch;
(3)        the mechanism to maintain the discipline on finance, public finance and budget;
(4)        the substance of the provisions in Book III Rule of Law, Court and Organization Inspecting the Exercise of Powers of the State;
(5)        the substance of the provisions in Book IV on Reform and Reconciliation;
(6)        the rules to amend the Constitution as provided in this final provision.
                        The amendment to extend or to increase the right and freedom or political participation of the citizen or to increase the efficiency of the performance of the Court or Constitutional Organs which have duties to inspect the exercise of State powers shall not be deemed an amendment of the important basic principle under this section.

                        Section 301.       An amendment of the Constitution shall be in accordance with the rules and procedure as follows:
(1)     a motion for amendment must be proposed either by the Council of Ministers, Members of the House of Representatives of no less than one-fourth of the total existing members of the House of Representatives or members of the House of Representatives and the Senate of no less one-fourth of the total existing members of both Houses or persons having the rights to votes of no less than fifty thousand in number under the law on the public submission of a bill;
(2)     a motion for amendment must be proposed in the form of a draft Constitution Amendment and the National Assembly shall consider it in three readings;
(3)     voting in the first reading for adoption in principle shall be by roll call and open voting, and the amendment must be approved by votes of not less than one–half of the total existing members of both Houses;
(4)     section by section deliberations in the second reading shall be made in consultation with citizens having the right to vote who submit a draft Constitution Amendment;
        Voting in the second reading for section by section deliberations shall be decided by a simple majority of votes;
(5)     at the conclusion of the second reading, there shall be an interval of fifteen days after which the National Assembly shall proceed with its third reading;
(6)     voting in the third and final reading shall be by roll call and open voting, and its promulgation as the Constitution shall be approved by votes of no less than two-third of the total existing member of both Houses;
(7)     after a resolution has been passed in accordance with the above rules and procedure, prior to presenting the draft to the King for his Royal Signature, the draft Constitution Amendment, approved by the National Assembly, shall be submitted to the Constitutional Court to consider whether such draft Constitution Amendment has been enacted in accordance with the provisions in the Constitution or whether there is any statement which is contradictory or inconsistent with section 299. Such act shall be complete within thirty days as from the date of receipt. In the case where the Constitutional Court rules that the draft Constitution Amendment has been enacted in contradictory with the provisions of this Constitution or contained any statement which is contradictory or inconsistent with section 299, such draft constitution amendment shall lapse. However, in the case where the Constitutional Court sees that the amendment is the amendment to the important basic principle, the National Assembly shall further proceed under section 302;
(8)     the draft Constitution Amendment ruled by the Constitutional Court that it is not contradictory or inconsistent with this Constitution shall be presented to the King, within twenty days as from the date that the Constitution has its ruling, for His Royal Signature. When it is promulgated in the Government Gazette, it shall come into force. The provisions in section 156 and section 157 shall apply mutatis mutandis but a resolution shall be voted with the majority of no less than two-thirds of the total existing members in both Houses.
  
                        Section 302.       The Constitution Amendment under section 300 shall be executed in accordance with the rules and procedure under section 301 (1) (2) (3) (4) (5) (6) and (7). President of the National Assembly shall submit the draft Constitutional Amendment to the Election Commission to arrange for a referendum by citizens having the right to vote prior to presenting the draft to the King as provided by the Organic Law on Referendum.
                        In the case where the majority of people with the rights to vote disapprove of the promulgation of the draft Constitution, such draft shall lapse. However, in the case where the majority people with the rights to vote approve of the promulgation of the draft Constitution, such draft shall be presented to the King for his Royal Signature and come into force upon its publication in the Government Gazette.

                        Section 303.       Every five year as from the date that this Constitution is promulgated, the Secretariat of the House of Representatives shall notify the House of Representatives, the Senate, the Council of Ministers, the Supreme Court of Justice, the Constitutional Court, the Supreme Administrative Court and Constitutional Organs which have duties to inspect the exercise of the State powers to appoint qualified person from each of the mentioned organization to be an independent group of qualified persons to assess the enforcement of the Constitution.
                        In the case where the group of qualified persons under paragraph one sees that it is appropriate to amend the Constitution, it shall submit a draft Constitution Amendment to the House of Representatives, the Senate, the Council of Ministers in order to consider the execution of their powers and duties and public to the public for information.



TRANSITORY PROVISIONS
                 

                        Section 304.       The Privy Council holding office on the date of the promulgation of this Constitution shall be Privy Council under the provisions of this Constitution.

                        Section 305.       The National Legislative Assembly under the Constitution of the Kingdom of Thailand (Interim) B.E. 2557 shall act as the National Assembly, the House of Representatives, and the Senate under the provisions of this Constitution until the first meeting of the National Assembly under section 136.
                        During the period under paragraph one, if the provisions of this Constitution or other laws prescribes that the President of the National Assembly, the President of the House of Representatives, or the President of the Senate shall countersign a Royal Command, the President of the National Assembly shall countersign the Royal Command in lieu thereof.
                         At the initial period, if there must be a first meeting of the National Assembly under section 136 but a Senate is not yet formed, the National Legislative Assembly shall continue to act as the Senate; except for the consideration for appointment or removal of any person from office under the provisions of this Constitution. This shall continue until there is a Senate under this Constitution and any act performed by the National Legislative Assembly during such period is deemed to be an act of the Senate. In the case where this Constitution or other laws prescribes that the President of the Senate shall countersign the Royal Command, the President of the National Legislative Assembly shall countersign the Royal Command in lieu thereof.
                        The provisions of section 103, section 104, section 105, section 110, section 111, section 112, section 115, section 116, section 119, section 121, section 123, section 124, section 219 paragraph three, section 247 and the provisions of any laws which prohibits persons from holding political positions shall not apply to the holding of positions of members of the National Legislative Assembly.
                        The provisions of section 162 shall apply mutatis mutandis to the lapse of the National Legislative Assembly.

                        Section 306.       For the purpose of the establishment of the Organic Law and other necessary laws, the National Reform Assembly and the Constitution Drafting Commission under the Constitution of the Kingdom of Thailand (Interim) B.E. 2557 shall lapse on the first day of the session of the National Assembly.
                        For the purpose of eliminating conflict of interests, no member of the Constitution Drafting Commission shall apply for candidacy in an election of members of the House of Representatives or hold a position of senator, political position, members of the local council, local administration executives or a local administrator, official or any person holding political position in a political party or a political group within two years as from the date of vacation from office under paragraph one.

                        Section 307.       The Constitution Drafting Commission shall draft the following Organic Laws and Acts and submit them to the National Legislative Assembly for consideration. The National Legislative Assembly shall consider such draft Organic Laws and Acts within the specified time as follows:
(1)     draft Organic Law on Election of Members of the House of Representatives and Obtaining of Members of the Senate, the draft Organic Law on Political Party, and draft Organic Law on Election Commission shall be complete within sixty days as from the date of receiving the draft laws from the Constitution Drafting Commission;
(2)     draft Organic Laws under section 159 (2) (5) (6) (7) (8) (9) (10) (11) and (12) shall be complete within one hundred and twenty day as from the date of receiving the draft laws from the Constitution Drafting Commission;
(3)     draft Organic Law which the Constitution Drafting Commission sees that it is necessary to achieve the purpose of this Constitution and shall be drafted and submitted to the National Legislative Assembly within one hundred and twenty day as from the date of receiving the draft law from the Constitution Drafting Commission;
                        In consideration of the Organic Laws and Acts under paragraph one, the national Legislative Assembly shall appoint no less than two members of the Constitution Drafting Commission to be members of the Committee in consideration of such e Organic Laws and Acts.
                        When the National Legislative Assembly approves the draft Organic Law in (1) or (2), prior to presenting the draft to the King for his Royal Signature, such draft shall be submitted to the Constitutional Court for considering the legitimacy under the Constitution in accordance with section 163.
                        In the case where the time period in paragraph one lapses but the National Legislative Assembly has not yet finished its consideration on the draft Organic Laws or Acts in paragraph one, it shall be deemed that such draft Organic Laws or Acts has been approved by the National Legislative Assembly. The followings shall be executed:
(1)     the President of the National Legislative shall submit the draft Organic Laws, proposed by the Constitution Drafting Commission, to the Constitutional Court within seven days for its consideration and section 163 shall mutatis mutandis apply. The Prime Minister shall subsequently execute section 156 promptly;
(2)     the Prime Minister shall promptly submit the draft Acts, conducted by the Constitution Drafting Commission, to the King for his Royal Signature.
                        During the period where the Organic Law on Election of Members of the House of Representatives and Obtaining of Members of the Senate, the Organic Law on Political Party, and the Organic Law on Election Commission in paragraph one (1) has not yet come into force, the Organic Law on Election of Members of the House of Representatives and Obtaining Members of the Senate B.E. 2550, the Organic Law on Political Party B.E. 2550, and Organic Law on Election Commission B.E. 2550 shall continue to be in force so far as they are not contradictory or inconsistent with this Constitution and until such Organic Laws have come into force.
                        In the case where the National Reform Assembly approves any bill, such bill shall be submitted to the National Assembly for further consideration. In the case of a money bill, it shall be submitted to the Council of Ministers for further proceeding. In considering the bill that is proposed by the National Reform Assembly, the National Assembly shall appoint non-standing committee, consisting at least for one-third of its member of members of the National Reform Assembly, to consider such bill.
  
                        Section 308.       During the initial period from the date of the promulgation of this Constitution:
(1)     election for members of the House of Representatives under this Constitution shall be held within ninety days and the obtaining of senators under this Constitution shall be held within one hundred and fifty days as from the date the Organic Law under section 307 (1) has come into force. The Election Commission shall execute the election of members of the House of Representative under this Constitution instead of the Committee to execute elections under section 268.
         At the first general election of member of the House of Representatives after the date of promulgation of this Constitution, a person who is eligible to be a candidate in an election shall be a member of only one political party or political group for not less than thirty days up to the election day except if he is a member of the political association which is a political group established from the date of the promulgation of this Constitution;
(2)     a group of persons which intent to be a political group under this Constitution shall notify its purpose to the Election Commission. And upon such notification, such group shall be eligible to submit a person who is a member of such political group for election under the Organic Law on election of members of the House of Representatives and obtaining members of the Senate;
(3)     the provisions in section 124 (5) and section 125 paragraph two shall not apply to person who used to be members of the Senate elected or selected under the Constitution of the Kingdom of Thailand B.E. 2550;
(4)     upon a completion of three years as from the beginning day of the membership, one-half of the members of the Senate in section 121, in each type and field, shall vacate office by drawing lots. Section 124 (5) section 125 paragraph two and section 126 paragraph two on the prohibition of position for more than one executive term shall not apply to such person in the obtaining of members of the Senate. The rules, procedure and conditions in obtaining of members of the Senate whereby the positions become available under paragraph one shall be in accordance with the Organic Law on Election of Members of the House of Representatives and Obtaining Members of the Senate and the procedure shall be complete within ninety days as from the day the position becomes available in paragraph one.

                        Section 309.       The Council of Ministers carrying out the administration of State Affairs on the date of promulgation of this Constitution shall be the Council of Ministers under this Constitution and shall vacate the office en masse when the Council of Ministers appointed under this Constitution takes office.
                        The National Council for Peace and Order under the Constitution of the Kingdom of Thailand (Interim) B.E. 2557 shall vacate office en masse at the time when the Council of Ministers carrying out the administration of State affairs on the date of promulgation of this Constitution vacate office.
                         The provisions of section 172, section 175, and section 185 (4) (7) and (8) shall not apply to the holding of office of the Prime Minister and Ministers carrying out the administration of State affairs on the date of promulgation of this Constitution vacate office.
                        During the initial period, the provisions of section 174 shall not apply to the Ministers appointed by the King, for the first time, under this Constitution.

                        Section 310.       Judges of the Constitutional Court holding positions on the date of promulgation of this Constitution shall be judges of the Constitutional Court under this Constitution and shall remain in office until the expiration of the term of office. In such case, the term of office shall commence as from the date the appointment is made by the King and the selection process for the judges of the Constitution Court to the available positions shall be preceded under section 229 and shall be complete within sixty days as from the date of promulgation of this Constitution. In this regard, it shall be in accordance with the rules and procedure as provided by section 230 and section 231.
                        All cases or matters under the consideration of the Constitutional Court under paragraph one shall be considered by the Constitutional Court under this section. During the period where there is no enactment of the Organic Law on Constitutional Court and Procedure, the provisions in Procedure and Rendering of Decision of the Constitutional Court shall apply, pro tempore, until the Organic has is enacted under section 307 (2).
                        Members of the Election Commission holding positions on the date of promulgation of this Constitution shall be members of the Election Commission under this Constitution and shall remain in office until the expiration of the term of office. In such case, the term of office shall commence as from the date the appointment is made by the King.
                        Members of the National Counter Corruption Commission holding positions on the date of promulgation of this Constitution shall be members of National Counter Corruption Commission under this Constitution and shall remain in office until the expiration of the term of office. In such case, the term of office shall commence as from the date the appointment is made by the King. The selection process for the members of National Counter Corruption Commission to the available positions shall be preceded and complete, in accordance with section 271, within sixty days as from the date there are grounds for such selection of the persons in office under this Constitution. In this regard, it shall be in accordance with the rules and procedure as provided by section 271.
                        Audit Commissioners and the Audit-General holding positions on the date of promulgation of this Constitution shall be Audit Commissioners and the Audit–General under this Constitution and shall remain in office until the expiration of the term of office, prior to the date of promulgation of this Constitution. In such case, the term of office shall commence as from the date of appointment. The provision on holding of office for one term under section 270 paragraph four shall not apply to such persons in the new appointment of Audit Commissioners and the Audit–General, for the first time, under this Constitution.
                        Persons under this section shall continue to perform their duties under the Organic Law or related laws which are in force on the date of promulgation of this Constitution until Organic Laws or laws in accordance with this Constitution are enacted, except if the provisions are contradictory or inconsistent with the provisions in this Constitution, the provisions in this Constitution prevails.
                        Persons who hold the positions or used to be members or hold the positions in any Constitutional Organs as provided in the Constitution of the Kingdom of Thailand B.E. 2550 shall be prohibited from the selection of members or persons holding positions in Constitutional Organs which have duties to inspect the exercise of State powers under this Constitution.

                        Section 311.       The Ombudsman and the National Human Rights Commission shall be merged to be Human Rights Ombudsman and shall execute the followings:
(1)     the Ombudsman holding the position prior to the date of promulgation of this Constitution shall be the Human Rights Ombudsman under this Constitution and shall remain in office until the expiration of the term of office. In such case, the term of office shall commence as from the date the appointment is made by the King;
(2)     members of the National Human Rights Commission performing their duties as the National Human Rights Commission on the date of promulgation of this Constitution shall perform their duties as the Human Rights Ombudsmen under this Constitution and shall continue to perform their duties until the Human Rights Ombudsmen under this Constitution are appointed under this Constitution. Such procedure shall be complete within sixty as from the date of promulgation of this Constitution;
(3)     there shall be a selection of the remaining Human Rights Ombudsmen for the number as provided in section 275 which shall be proceeded together with the selection in (2) and shall complete within sixty days as from the date of promulgation of this Constitution;
(4)     Office of the Human Rights Ombudsman shall be established by integrating the Office of Ombudsman and Office of the National Human Rights Commission. The personnel of both agencies shall remain in office and receive benefits, pro tempore, until Organic Law on Human Rights Ombudsman comes into force;
                        Persons who, prior to the date of promulgation of this Constitution, used to hold the positions of ombudsman or National Human Rights Commissioner shall be prohibited from the selection of Human Right Ombudsmen under this Constitution.

                        Section 312.       In the initial period, the following provisions shall not apply to cases under the following conditions:
(1)     the provisions of section 207 shall not apply to the consideration for appointment or reassignment of civil servants or removal of such persons from office until the enactment of the law under section 207 and the establishment of the Commission under such laws. This shall not exceed one year as from the date of promulgation of this Constitution;
(2)     the provisions of section 201 paragraph two on the annual revenue and expenditure shall not apply to annual revenue following the budgetary year from the date of promulgation of this Constitution;

                        Section 313. In the initial period, the following execution shall be complete within the specified period:
(1)     there shall be an enactment of law on the Committees which are the secretariat of the personnel of judges under section 225 including the appeal right of the disciplinary punishment under section 219 paragraph five. Such process shall be complete within one year as from the date of promulgation of this Constitution;
(2)     rules on the Procedure shall be enacted at the plenary session of the Supreme Court of Justice under section 241 (1) and (2) and shall be complete within sixty days as from the day the Organic Law on Election of Members of the House of Representatives and Obtaining of Members of the Senate in section 307 comes into force;
(3)     there shall be an enactment of law on decisive jurisdiction of the Court under section 222 and it shall be complete within one hundred and twenty days as from the date of promulgation of this Constitution.

                        Section 314.       All provisions in the laws which are contradictory or inconsistent with this Constitution, the person having charge and control of such law and the Council of Ministers shall enact or amend such law within two years as from the date of promulgation of this Constitution.

                        Section 315.       Any act, the legality and constitutionality of which has been recognized by the Constitution of the Kingdom of Thailand (Interim) B.E. 2557, including all acts related therewith committed whether before or after the date of promulgation of this Constitution, shall be deemed as constitutional under this Constitution.


Countersigned by:



………………………......

N.B. As of April 17, 2015.

©2015 Pakorn Nilprapunt, Chintapun Dungsubutra, Vareerat Ratanaviboonsom and Natthanicha Aneksomboonphol, Office of the Council of State of Thailand <personal copyright>

Remark: This translation has been made within timely limit so as to portray the draft Constitution to foreigners. Any reference shall be made to Thai version.

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