Clouds of doubt over Worachai's amnesty bill

The government is pushing for the bill sponsored by Pheu Thai MP Worachai Hema and has scheduled debate on it to start on Wednesday. Owing to Pheu Thai’s majority in the House, the bill should be passed quickly unless it meets strong resistance. 

 

But strong resistance is very possible because opposition and anti-government groups believe the bill not only aims to pardon those detained for participating in political riots, but also aims to help Thaksin return home as a free man. Indeed, the Democrat Party has threatened to launch a campaign to oust the government if the bill passes a third reading.

 

Meanwhile, renowned lawyer Ukrit Mongkolnavin has warned Pheu Thai Party that Worachai’s bill faces the risk of being deemed unconstitutional. Ukrit issued the warning through the ruling party’s strategic committee, which is led by former premier Somchai Wongsawat.

 

The bill’s Section 3 seeks to grant amnesty to people of all political affiliations, with the exception of protest leaders and those in authority. Those excluded might petition with the Constitutional Court on grounds that the bill discriminates against them, Ukrit warned. 

 

Law experts agree that the bill’s future does not appear at all rosy. Sukhumpong Ngonkham – a member of Law Reform Commission, founded under then-PM Abhisit Vejjajiva’s administration – said it would take at least four to five months for the amnesty bill to become law. 

 

However, the bill could run into obstacles at every stage. For instance, the Senate might amend the draft passed by the Lower House and then proceed to set up a joint committee to vet the amended bill. This process has no time limit.

 

Sukhumpong said that as Pheu Thai Party does not have majority control in Parliament, the Senate could put the bill on hold until the current House is dissolved. This would result in it becoming void unless the next government reaffirms it within 60 days of the formation of a new parliament. Many draft laws have become void under similar circumstances. 

 

Parliamentarians could also petition the Constitutional Court if they believe some points in the bill contravene the charter. 

 

“This does not mean that convicted protesters will be released immediately after the House votes to pass the bill in the first reading. The bill could run into problems at any time during the process,” he noted.

 

An adviser of coalition whip Udomdet Ratanasathien said Worachai’s bill contained a discriminatory provision that could violate Article 30 of the Constitution. The bill states that only people who joined rallies would be pardoned, but other amnesty bills cover everybody involved in certain events. 

 

“The vetting committee needs to identify those who should be granted amnesty under the law,” Udomdet, a Pheu Thai MP from Nonthaburi, said. He called on MPs to offer their views in a bid to clearly define the “protest leaders” who will not be eligible for amnesty.

 

Udomdet said he was concerned about the opposition’s threat to fight “every word” of the bill, which would slow down the reading. Democrat politicians also threatened to bring the bill to the Constitutional Court’s attention.

 

Pheu Thai MP Apiwan Wiriyachai, a former deputy House speaker, said the vetting committee could alter the bill, adding that Pheu Thai MPs on the panel may agree to include parts of the amnesty bill proposed by Ukrit. The lawyer’ bill seeks an amnesty for everybody involved in political conflicts between September 19, 2006 and May 10, 2010, and Prime Minister Yingluck Shinawatra has advised the Council of State to look into the draft.

 

“I agree with Ukrit’s bill, but we chose not to push it through the House because people think it aims to whitewash Thaksin’s wrongdoings,” he said.

 

Meanwhile, other coalition parties do not agree with altering any part of Worachai’s bill. Chart Thai Pattana Party chief adviser Banharn Silpa-archa said coalition partners supported the bill, but were against changing the original draft. 

 

According to a key coalition leader, Pheu Thai leaders told a closed-door meeting of coalition parties on July 30 they would not alter the bill. “We expect them to keep that promise,” the source said. “If Pheu Thai fails to do so, not only will the bill fail, but the government will also collapse.” 

 

Deputy Prime Minister Phongthep Thepkanjana said if the bill becomes law, the government does not need to come up with an exact list on who will benefit from the legislation. 

 

He said state officials had a set rule of conduct on what should be done regarding this matter. The police would need to drop their inquiries, while public prosecutors would have to drop cases forwarded by police and withdraw those already submitted to court. The court would also order that cases being tried be withdrawn, while the Corrections Department would release detained protesters. But he said he did not know how long this process would take.