DRAFT CONSTITUTION OF THAILAND -2

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( CONTINUED FROM YESTERDAY )


THE DRAFT CONSTITUTION
5.9.97/THE NATION

Article 42: Thais have the right to academic pursuit, which
includes education and training, research, dissemination of
research findings and the learning and instruction of academic
principles as long as these activities do not contravene rightful
civic duties and good social morality.

Article 43: All Thais are entitled to a minimum of 12 years of
quality education provided indiscriminately and free of charge by
the government.

The provision of education at every level must take into account
the participation of local government and the private sector.

Article 44: People are free to gather peacefully as long as they
are unarmed.

It is unconstitutional to restrict the freedom outlined in
paragraph 1, except when the law restricts it to protect the
rights of the public, in times of war, during a state of
emergency or under martial law.

Article 45: People have the right to form associations, unions,
federations, cooperatives, and other non-governmental
organisations.

It is unconstitutional to restrict this freedom except through
specific laws aimed at protecting public interests, or
maintaining peace and order and good social morality, or
preventing economic monopolies.

Article 46: People have the right to conserve or restore the
traditions, arts an(l culture of their communities and take part
in the balanced maintenance and utilisation of natural resources
and the environment in accordance to the law.

Article 47: People are free to associate and form political
parties in a manner consistent with a democratic system under the
rule of a constitutional monarchy. The organisation, business
conduct and constitution of a  political party must be in line
with the fundamental principles of a constitutional monarchy.

An attempt to form a political party and its registration,
business conduct and dissolution must be in line with legislation
on political parties ,supplementary to the constitution.

MPs who are lawful members of political parties can ask the
Constitution Court to cancel party regulations which they
consider unconstitutional.

Article 48: People's rights to their assets shall be protected.

Inheritance rights shall be protected in accordance with the law.

Article 49: Expropriation of property is not allowed, except:
when carried out under the authority of the law in the interest
of public utility services, national defence, city planning, or
the public; or for the purpose of accessing natural resources,
boosting and preserving the quality of the environment,
developing agriculture and industry, or for land reform; and only
if a fair compensation is to be paid, within a suitable time
frame, to the owner of or the holder of a beneficiary right to
the property in question, as stipulated by the law.

Prices for compensation under paragraph 1 must be determined in a
way that is fair, taking into account ongoing market prices, the
acquisition, condition and location of the property and the
damage suffered by the owner. The expropriation law must require
the government to indicate its objectives in an expropriation and
the duration of the expropriation. If the expropriation fails to
use any part of or the whole property within the time limit
allowed, then the part or whole must be returned to the owner or
his/her heir.

The return of a piece of property to its owner or his/her heir
and the refunding of the compensation paid must be done in
conformity with the law.

Article 50: People are free to conduct business, choose
occupations and participate fairly in free-market competition.

It is unconstitutional to restrict this freedom other than
through special laws intended to protect national or economic
security, public utilities, peace and order, good public
morality, consumers, the public welfare, natural resources, or
the environment; or intended to guard against unfair monopolies.

Article 50: Individuals have freedom to engage in their
businesses or choose professions in an atmosphere of fair
competition.

Restriction of freedom as stated in the first paragraph is
prohibited unless permitted by special laws for the purpose of
maintaining national and economic stability; providing guarantees
to the public on receiving public utility services; maintaining
law and order and morality; organising the order of professions;
consumer protection; charting city plans; conservation of
resources and the environment; public welfare; and prevention of
monopolies or unfair competition.

Article 51: Conscripted labour is prohibited except when imposed
under the authority of a law specifically enacted for the
purposes of dispelling a public calamity greatly affecting
society or under the authority of a law permitting such an
imposition in time of war or when the country warrants a
declaration of emergency or the need of a curfew.

     
Article 52: Individuals have equal rights to receive standard
quality medical services, and the poor are entitled to free
medical services from the government according to related laws.

The government's medical services must be accessible by all and
be efficient. The government must encourage local administrative
organisations and the private sector to take part in providing
medical services.

In the prevention and eradication of a serious contagious
disease, the government must provide services free of charge and
in a timely fashion, as provided by the law.

Article 53: Children, juveniles and family members are entitled
to protection by the government against violence and unfair
treatment.

Children and juveniles with no parents are entitled to care and
education from the government according to details to be imposed
by related laws.

Article 54: People, who are 60 years old and who do not have
income to maintain themselves are entitled to assistance from the
government according to the law.

Article 55: The handicapped are entitled to public conveniences,
facilities and state assistance according to the law.

Article 56: Individuals are guaranteed the right to cooperate
with state and local communities to conserve and benefit from
natural resources and bio-diversities; and to protect, promote
and maintain the quality of the environment so that the
communities may continue to live in an environment which is not
hazardous or threatening, as provided by the law.

Any-activity or project which can seriously affect the quality of
the environment is prohibited unless an environmental study and
evaluation is undertaken. The study must receive endorsement from
independent agencies, which include representatives from
environmental non-governmental organisations and university
academics, as provided by the law.

Individuals are guaranteed the right to file lawsuits against
government agencies, state enterprises, local administrative
organisations and other organisations to require them to not
violate the first and second paragraphs.

Article 57: The people's rights as consumers are protected
according to the law.

The law as required by the first paragraph must require
establishment of an independent agency with representatives of
consumers to draft laws, regulations and directives and to
provide opinions on law enforcement to protect consumers.

Article 58: The people are entitled to access to information
concerning the records of government agencies except when
disclosure of such information will jeopardise national security,
public safety, or interests protected by the law of any
individual.

Article 59: Individuals are entitled to receive information,
explanations and reasons from government agencies, state
enterprises, or local administrative organisations before
approving or carrying out projects or any activity which could
affect the environment health, quality of life or benefits of the
individuals and their communities. The people also have the right
to express opinions on such issues in public hearings, as
provided by the law.

Article 60: Individuals have the right to participate in the
process of deliberation by government agencies whether to make
any administrative decision which could affect the rights and
freedoms of the individuals, as provided by the law.

Article 61: Persons are entitled to the right to file complaints
or grievances and receive a finding within a reasonable period of
time provided by the law.

Article 62: The rights of persons to file a complaint against a
government agency, an agency of the state, a state enterprise, or
other government organisations for wrongdoing, or failure by its
officials or employees to perform their duties are
constitutionally protected.

Article 63: Individuals are prohibited from using their rights
and freedoms to topple the Constitutional Monarchy or to request
administrative power, which are not in agreement
with this Constitution.

When certain individuals or political parties act in a manner
that could be construed as activities as stated in the first
paragraph, those who know about such activities have the right to
ask the attorney general to investigate and may ask the
Constitutional Court to order the cessation of the activities,
provided that criminal procedures will not be obstructed.

When the Constitutional Court orders a political party to cease
activities as stated in the first paragraph, the court can order
the dissolution of the political party.

Article 64: Soldiers, police, civil servants, other government
officials, local administrative organisation officials and
employees of the state have constitutional rights and freedoms as
do ordinary citizens, except when they are restricted by law,
rules or regulation imposed by special laws concerned with
politics, efficiency, discipline and ethics.

Article 65: People have the right to peacefully oppose any
attempt to seek administrative power through means which are not
stipulated by the Constitution.


(End of Chapter 3. To be continued)

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