S44 sparks fears of '2-charter state'

The retention of Section 44 powers and junta announcements gives the impression of a two-constitution state, according to participants at a Chulalongkorn University forum.

The government insists Section 44 powers must be retained and some of the orders could be made into law despite criticism this could lead to a "two-charter state" after the new constitution was promulgated by His Majesty the King last week.

Section 44 -- which was invoked during the interim charter and which gives Gen Prayut absolute power in his capacity as head of the National Council for Peace and Order (NCPO) -- was effectively replaced last week by Section 265 of the new constitution.

Deputy Prime Minister Wissanu Krea-ngam said Prime Minister Prayut Chan-o-cha has promised these powers will only be exercised when necessary and that their application will not undermine the justice system.

It will be reserved for implementing urgent measures quickly and won't be used frivolously, according to the premier.

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Mr Wissanu said various agencies and some politicians have asked the prime minister to revoke the section, and lift a ban on political activities.

This year, Section 44 has been exercised much less frequently than in the aftermath of the 2014 military coup that toppled the previous government.

Meanwhile, the deputy PM stressed Gen Prayut only intends to use these powers for select purposes, such as removing bureaucratic obstacles to trade, or promptly tackling issues like illegal fishing.

The government and NCPO have discussed the possibility of cancelling some of the Section 44-governed orders and passing others into law, Mr Wissanu said, without elaborating.

The NCPO may view Section 44 powers as essential to helping it complete some of the national reforms it promised to put into action after it seized power, according to Pornsan Liangboonlertchai, a political science professor at Chulalongkorn University.

These include preparations for the next general election.

The regime will also want to remain in control during the transition to the next government, he said.

"The question then becomes: Is it OK [to continue exerting control]? The answer is: not quite," he added.

Technically, Section 44 belonged to the previous charter.

As such, invoking it now that a new, referendum-backed constitution is in place could cause confusion, according to some critics.

In effect, some of the key "functions" of the previous charter could come into effect through its invocation, leaving the country as a "two-charter state" with legal ramifications, Mr Pornsan said.

In principle, the NCPO should not seek to hold on to the far-reaching powers that Section 44 allows now the new constitution has taken hold, he said.

Moreover, it should lift the ban on political parties as politicians need time to prepare for the next election, he said.

The international community is also watching closely to see when the country will return to democracy, he warned.