More power for bureaucrats at the cost of civil rights

General News - Sunday December 23, 2007

NEWS THINK

SHADOW OF GLOOM

More power for bureaucrats at the cost of civil rights

Story by ACHARA ASHAYAGACHAT

The National Legislative Assembly (NLA)'s law-making function literally ended yesterday, but the legacy and controversies left by the coup-appointed body will cast a shadow of gloom on the country's political front in the months to come. Under the transitory clause of the 2007 constitution, the NLA is required to continue playing the role of lower and upper houses until members of the elected lower house convene their first meeting.

It is only then that the NLA will have its role reduced to that of a Senate, which will automatically cease when the new Upper House takes shape, through appointments and an election some time in March next year.

The assembly, made up of active and former bureaucrats, members of the armed forces, business executives, academics and social activists, opted for a role similar to the appointed parliament after the 1992 military coup.

That parliament also had a great capacity and a strong conviction to pass many laws deemed necessary for the socio-political environment of the time.

While many critics refuse to accept the NLA because of its origins, others seem to admire this coup-appointed assembly for passing several good laws past elected governments had never even bothered to consider.

Among these laws include legislation and legal amendments which benefit the disabled, the citizenship and domicile registration laws which provide more rights to hilltribes people, the new printing law, and the community forest law which opens the way for local villagers to manage their own forest resources.

However, some of the legislation has been hastily approved to give more power to the bureaucrats at the cost of civil rights. The controversial internal security law and legislation providing autonomy to three state universities are among the questionable ones.

Some draft bills which held potential benefits for the public were dropped after heavy lobbying and alleged trade-offs for other bills to be passed. They included proposals on controlling alcohol advertisements, foreign holdings in business entities, and bills to protect copyrights and the welfare of beggars.

Evaluating the NLA performance, however, could not be properly done without looking at the Surayud government's performance.

Prime Minister Surayud Chulanont had promised in his early months in office that he would push for a civil rights promotion bill. But sadly, the interim government abruptly lost steam not long after taking office.

But too much can't be expected from them either as the NLA law-makers have little time for legislation that promotes civil rights and scrutnises international treaties.

While representatives of professional groups and non-government organisations in the NLA pushed hard for good laws, the majority of the assembly members and the Surayud government were more concerned with bills to bring improvements in the business sector and hand more power to the bureaucrats, instead of civil society.

The internal security bill and handing autonomy to the three state universities are among the great disappoinments dished out by the NLA. State universities have long been a place where the poor have had equal access to higher education. Giving them independence will only defeat this purpose.

The internal security law could serve as a tool of the government and those in power to eliminate their opponents.

The law is useful for the state in dealing with security threats but clauses which provide immunity to law enforcers from criminal, civil and disciplinary actions are unacceptable. The NLA refused to heed the voice of civic groups protesting against its passage in front of the parliament building. Neither does it care about the concern expressed by some political parties, including the Democrats, that this legislation should be withheld and left to the elected parliament to consider.

Bangkok Post