Academics call for “Dream Constitution” that truly reflects people’s aspirations

[webfact]

Academics call for “Dream Constitution” that truly reflects people’s aspirations

 

 

Speaking at a panel discussion on Constitution Day today, Mrs. Sunee Chairos, a former member of the National Human Rights Commission, and director of the Centre for the Promotion of Equality and Justice, said that a people’s constitution, which truly reflects the will of the people, would ease conflicts between them and the state because people will have free expression and the right to participate in decision making, from inception, of all state projects.

 

She pointed out that the 1977 so-called People’s Constitution contained several provisions which clearly spelled out the rights and liberties of the people and their right of participation, with the state, in the management of natural resources, the right of access to information and the rights of consumers to be protected by the state.

 

In the current constitution, she said that most of these basic rights have been removed, leaving only two sections about the rights of the people to propose laws to parliament.

 

Full story: https://www.thaipbsworld.com/academics-call-for-dream-constitution-that-truly-reflects-peoples-aspirations/

 

-- © Copyright Thai PBS 2019-12-11

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[Creasy]

Keep dreaming.

[YetAnother]

1 hour ago, webfact said:

She pointed out that the 1977 so-called People’s Constitution contained several provisions which clearly spelled out the rights and liberties of the people

comparing the 1977 constitution to the current horror is an apt example of how far thailand has regressed and continues to do so

[mok199]

The hub of dreams..

[FarFlungFalang]

What a bloody nightmare!

[Lungstib]

It wouldn't matter would it? All it needs is another military takeover and it disappears. First the loophole that allows a military leader to become a legitimate PM who can go on to make 'legal' laws has to be closed. Only then can you start dreaming of other improvements.

[BobbyL]

I always laugh at Constitution Day in a country that has sadly had the most constitutional changes in the world in modern history. 

[madmitch]

41 minutes ago, BobbyL said:

I always laugh at Constitution Day in a country that has sadly had the most constitutional changes in the world in modern history. 

Yes, there should ba=e about twenty public holidays.

[Misterwhisper]

If there were a "Constitution Day" public holiday for each of the 20 charters Thailand has burned through since 1932, people could get an additional 3 WEEKS off work. Think about it.

 

Thailand is, in fact, in a unique position. No other country in the world has had as many constitutions as Thailand; even the most notorious West and Central African dictatorships cannot hold a stick to Thailand.

 

The problem is of course that every constitution drafted in Thailand is not accomplished with the general population in mind, but solely is devised as a tool to bestow the current powers-that-be with as many benefits and advantages as possible to cement and maintain their position.

 

This even goes so far that coup makers routinely include an article in the constitution that automatically absolves them from any wrongdoing and holds them harmless for their illegal action of usurping power. Such a clause is of course illegal from the onset. Not that it matters. It's being done anyway... which only goes to demonstrate the arrogance and utter contempt the succession of coup makers have for the rule of law and, indeed, democracy.

 

Some apologists argue that Thailand has so many constitutions under her belt because she goes through the "typical teething problems" of an emerging democracy that still has to "experiment" and come to grips with the concept of "power belonging to the people".

 

I strongly tend to disagree with that observation, for it is merely an excuse to justify the clinging on to power of a tiny feudal elite - military or civil - who sees it as their god-given right to rule over "the peasantry". To them, "democracy" is just a word that can be exploited at will in order to further their own agendas.

 

Make no mistake. Even the Thaksin government was not nearly as "democratic-minded" as some incorrigible nostalgists just love to claim. It was extremely autocratic, centered only on ONE man, the big honcho himself.

 

Okay, so let's move on to constitution no. 21 now, which of course is going to be "thoroughly democratic and reflect the will of the people"... if you choose to believe that.        

[gk10002000]

Why?  It doesn't matter as Thailand military has routinely and frequently over thrown literally every constitution written.  No supreme judicial court ever objects.  No civilian police force ever resists.

[johng]

7 hours ago, webfact said:

She pointed out that the 1977 so-called People’s Constitution

I thought it was the 1997  so-called People’s Constitution ?????

[ubon farang]

Constitution day another joke for a holday in Thailand What constitution does the army  now in power follow? Snouts in the trough constitution ????

[Orton Rd]

Each time a new bunch of thugs take over it's another constitution, how come the USA only had one since the 18 cent, but this lot has needed 20 in less than 90 years?

[ParkerN]

In reality they'll get a constitution that meets at least 2 people's expectations. Or they'll change it to fit.

 

[Donutz]

I am afraid they will have to keep on dreaming. A proper constitution won't be in the making any time soon. The best they did was in 1997 (the Peoples Constitition), although it had it's flaws (allowing Thaksin too abuse power).  Perhaps a return to the constitution drafted by Pridi & co in 1932 wouldn't be so bad either. Perhaps it's laying around somewhere, just erase the word 'draft' that was written on it. 

[daveAustin]

I guess Thais should thank their lucky stars they are able to muse this topic.

Don't think the people would be able to handle free will in any case. Hypothetical post-military (if indeed change were possible - reckon we're generations out from current tangle), whomever got in charge would need to be a well educated, balanced individual with a solid world view and have honourable Buddhist 'intentions' (and have similar individuals around them) for there to be a dream constitution that would benefit ordinary Thais. It just ain't gonna happen because the MO from top to bottom is always the self. Add power and potential for monetary gain and it's game over.

[gk10002000]

On 12/11/2019 at 1:12 AM, Orton Rd said:

Each time a new bunch of thugs take over it's another constitution, how come the USA only had one since the 18 cent, but this lot has needed 20 in less than 90 years?

The USA really is pretty unique in world history.  Sure we had a nasty civil war, sure there have been riots and protests both large and small, sure we have had corruption, sure we have had some horrible legal court decisions (the internment of japanese american citizens during world war 2 for example), sure we have had some abuses, but the fundamental government structure and constitutional foundation has been maintained.  The USA being so big probably makes a single dictator takeover sort of coup very difficult.  And I think that most of the basic ideas of the USA constitution really are accepted by most Americans.  In Thailand, and parts of Asia, I have heard many times "we need a strong leader that can get things done".  Sure, sometimes, perhaps often a democracy can get frozen by competing factions, but then asking for a dictator is rarely a good idea.  The current Thai "leaders" claim they took over to unblock things, break log jams, etc.  Thailand was a mess politically and the protests and riots were getting pretty bad.  But that's why a proper police force, led and controlled by civilians should have simply started arresting the violent people and things could have worked themselves out if a proper people elected government supported by the people existed.