On Oct 2, the Thai and Japanese governments exchanged agreement documents in Tokyo as the final step for the Japan-Thai Economic Partnership Agreement (JTEPA) to take effect in early November.
Just two weeks earlier, on Sept 18, the JTEPA issue was put on the table of the Thai Cabinet meeting without prior notice, despite its potential impact on Thailand.
On Sept 17, the Foreign Minister Nitya Pibulsonggram sent an urgent letter to the Cabinet Secretary proposing that the Cabinet approve submission of the JTEPA to the National Legislative Assembly (NLA).
The minister's letter explained that "the JTEPA is likely to fall into the category of an agreement that has significant obligations on trade and investment according to Article 190 Paragraph 2, as it obliges the liberalization of trade, service, and non-service investment, which are to be more liberal than Thailand's obligations under the WTO framework."
However, on the morning of Sept 18, the Foreign Minister sent another urgent letter to the Cabinet Secretary asking to cancel the letter of Sept 17, and proposing that the Cabinet let the Ministry exchange documents with their Japanese counterparts by Nov 2, 2007, without asking the NLA to give prior approval.
The second letter did not explain why the Ministry wanted to cancel the first letter and why it did not need to ask for approval from the NLA before making this commitment.
It was reported in the press that after the Cabinet meeting on Sept 18 Prime Minister Gen Surayud Chulanont said that he was willing to resign from the premiership if the NLA members file a complaint with the Constitutional Court and the Court rules that the governments actions are unconstitutional.
Civil society groups both in Thailand and Japan released statements disagreeing with the proposal that the JTEPA should bypass the NLA. The agreement is considered finalized, but there is an attempt to collect names of one tenth of the NLA members to ask the Constitutional Court to rule whether the Cabinet has violated Article 190 of the Constitution.
Translated by Ponglert Pongwanan
Prachatai English is an independent, non-profit news outlet committed to covering underreported issues in Thailand, especially about democratization and human rights, despite pressure from the authorities. Your support will ensure that we stay a professional media source and be able to meet the challenges and deliver in-depth reporting.
• Simple steps to support Prachatai English
1. Bank donation via the "Foundation for Community Educational Media (FCEM)", Krungthai Bank, account number 091-010-4328, Swift Code: KRTHTHBK
2. Or, Transfer money via Paypal, to e-mail address: [email protected], please leave a comment on the transaction as “For Prachatai English”