Legal expert warns Thai-Japan trade pact could be invalid
Bangkok Post
Legal expert warns Thai-Japan trade pact could be invalid
By Penchan Charoensuthipan
2 April 2007
The signing of the Japan-Thailand free trade agreement in Tokyo tomorrow could eventually be proven invalid as the signing process is unconstitutional, a legal expert said yesterday. Thammasat University law lecturer Banjerd Singkhaneti said the interim constitution did not authorise the coup-installed government to sign the bilateral trade pact, also known as the Japan-Thailand Economic Partnership Agreement (JTEPA).
Prime Minister Surayud Chulanont plans to sign the controversial trade pact in Tokyo tomorrow.
Section 38 of the interim charter says that any case where no provision in the constitution is applicable shall be decided in accordance with the customary practice of a democratic government.
’’This means signing of an agreement should be endorsed by the House, or in this case, the National Legislative Assembly,’’ said Mr Banjerd.
The assembly debated the pact on Feb 15, but did not officially endorse it, he said. Members opened the debate without having thoroughly read the text, he said.
’’Considering the fact that the agreement has never been endorsed by the NLA, the signing of the pact could be invalid,’’ said Mr Banjerd, who is also chairman of an Assets Scrutiny Committee sub-panel.
Mr Banjerd yesterday joined 30 anti-FTA activists, led by FTA Watch, to pay homage to the Bangkok City Pillar shrine.
’’We come here to ask the sacred spirits and the guardians of the nation to save Thailand from the adverse impact of the JTEPA,’’ they said. ’’This is our last resort.’’
The activists also asked the sacred spirits to persuade Gen Surayud to reverse his decision to sign the pact. The group held the activity after the Central and Supreme Administrative courts last week rejected their bid to seek a court order suspending the signing. The courts said they were not empowered to decide on the issue as it was not an administrative case.
Cabinet approved the inking of the deal last Tuesday despite opposition from civil groups and academics, who have staged a year-long protest against the pact.
They said once it took effect, the agreement would allow the import of hazardous waste from Japan and allow Tokyo to patent naturally-born micro-organisms. The organisms are widely used among Thai farmers to produce organic fertiliser. They also contain medicinal properties, making them popular with pharmacists.
Santisuk Sophonsiri, president of the Thai Holistic Health Foundation, said the interim government had failed to comply with the principles of good governance and had ignored public participation in the signing of the pact
