The National Council for Peace and Order has
instructed its legal panel to make a change to the proposed interim Charter to
prevent a "power overlap" between the interim government and the
NCPO, a source said yesterday.
The
provision in question gives the NCPO authority over the interim government.
However, legal experts have pointed out that this would lead to implementation
problems, because some NCPO members are also expected to be Cabinet ministers.
"If
the NCPO rules against a Cabinet decision on some issues, the administration
will run into a legal snag,'' the source said.
The
Charter drafters have been assigned to present drawbacks and advantages of the
interim government having absolute control in running the country juxtaposed
against the NCPO being in charge of the government, especially in matters that
affect national security.
If the
NCPO's legal team is able solve legal complications arising from the power
overlap, the interim Cabinet is expected to be made up of three groups -
military top brass who are NCPO members; people handpicked by NCPO chief
General Prayuth Chan-ocha and other NCPO leaders; and specialists such as
technocrats.
It is
likely Prayuth will be the PM in the interim government to ensure the NCPO
accomplishes its missions, analysts have said.
Since
many believe Prayuth, as NCPO chief, should be held accountable for the success
or failure of the national reform process, there has been little opposition to
the speculated move.
However,
there is a knot that the NCPO has to unravel. If Prayuth becomes PM, will he
continue to double as Army chief?
The
interim Cabinet is sure to be formed before September 30, when Prayuth is due
to retire as Army chief.
So, he
has three options: One, is that he extends his term as Army chief to have
absolute power. Under this scenario he would simultaneously hold three posts -
PM, NCPO chief and Army chief.
However,
it is expected that this could create an "undercurrent" in the Army
because four high-ranking officials are vying for the military's top post - and
they would lose that chance.
The
second possibility involves Prayuth retiring and appointing his most trusted
aide to be Army chief while he would continue as NCPO chief and PM to balance
his power.
This
option would also likely ruffle feathers in the military but it is believed
Prayuth could handle the situation.
The
last option would involve Prayuth retiring as Army chief and also stepping down
as NCPO boss to allow the country's 29th prime minister to steer the country
using the NCPO's roadmap to democracy. This is the least likely scenario unless
the NCPO amends the interim charter stipulate that the junta does not command
the government.
All
three possibilities point to Prayuth as the most likely person to take the post
of interim PM. But with the unpredictability of Thai politics, a source close
to the NCPO said General Prawit Wongsuwan, the former defence minister, was
also high on the list to be PM.
Prayuth
has said the interim charter could be promulgated this month. The proposed
document, made up of about 46 articles, identifies the National Legislative
Assembly's roles and acquisition of power.
It is
expected the NCPO would appoint 200 members to the assembly and that it would
have the capacity to write and revamp current laws, draft a new charter and
vote for the PM. The assembly chairman would nominate the PM for royal
endorsement.
The
proposed charter would also identify the process used to select the Cabinet and
the qualifications that Cabinet members must have. It is expected the Cabinet
would have no more than 36 members and could include state officials.
The
reform council is likely to comprise 250 members, including one from each of
the 77 provinces. The rest would be specialists picked from various
professional groups such as the legal fraternity, plus civil administration,
natural resources and the environment. Professional bodies would either select
members or a selection panel would do it.
The
reform council would have to draw up national reforms in accordance with
proposals from the Reconciliation Centre for Reforms, which is gathering
information from villages across the country. The council will also heed
suggestions from a reform panel chaired by Defence secretary General Surasak
Kanjanarat.
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