Tough Year Ahead For Authors Of A New Thai Charter

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BURNING ISSUE

Tough year ahead for authors of a new charter

Avudh Panananda

The Nation

Despite the amendments enacted in March, next year will likely see a fiery debate on a new round of rewriting aimed at overhauling the 2007 Constitution.

The rival camps are claiming - as a pretext to upstage one another - that they are trying to improve the political system. This year the Democrats had their opportunity to amend the electoral system and the framework for negotiating international agreements. Now the Pheu Thai Party wants to have its go at rewriting.

Backed by a controlling majority, the main coalition party is not coy about its ambition to transform the political system.

The success, or failure, to promulgate a new charter will hinge on two factors - whether a Pheu Thai consensus can be formed and whether the coalition can outwit its opponents.

Pheu Thai MPs and their red-shirt allies have yet to find common ground on detailed changes they wish to see in the new charter.

The coalition lawmakers are obliged to quell suspicion they have an ulterior motive to amend the charter in order to rescue fugitive former prime minister Thaksin Shinawatra.

The debate on charter rewrite might fuel the political volatility if the red-shirt movement opts to spearhead a separate motion on a charter rewrite from that of Pheu Thai.

The arguments for and against charter rewrite boil down to four main issues - the revamp of the Senate, the curbing of powers vested in independent organisations, the repeal of provisions - such as the party dissolution clause - seen as a hurdle to the development of political parties, and the negation of coup-sponsored activities.

Of the four issues, the future Senate is the least contentious. The mixed-system of appointed and elected senators was introduced in 2007 in order to rectify the partisanship among elected lawmakers. The upper chamber is supposed to be a non-partisan body.

The charter writers must design the electoral system to ensure non-partisanship before cancelling the appointment process.

The other three issues are complicated to sort out because proponents and opponents of amendments are unwilling to mend fences.

Furthermore, Pheu Thai MPs and the red shirts are on a different wavelength in regard to change they wish to bring about and the bottom line they are willing to settle in forging a compromise with their opponents.

This is the reason the government is unwilling to commit to a deadline to activate the rewrite even though both Pheu Thai and red shirts both want to commence the drafting process by the first half of next year. A hasty decision will antagonise friends and foes alike.

Even before the drafting can begin, the government must decide on the referendum issue. Opponents are pushing for the referendum vote ahead of the drafting process, while proponents want to consult voters only at the completion of the draft.

After resolving when and how the referendum is to be organised, the next hurdle will be formation of the Constitution Drafting Assembly.

Proponents are arguing for an elected CDA model based on the 1997 suspended charter. Opponents are pushing for the appointed CDA model which produced the present charter.

Once the CDA is in place, drafting is expected to take from 12 to 18 months. The country is about to embark on a long journey to enshrine the new charter sponsored by an elected government.

The charter rewrite will be tough and tiring because writers must tackle Article 309 of the Constitution, which condones coup-related activities. To keep it would mean leaving a permanent black mark on democracy. To repeal it means, however, opening the trapdoor for Thaksin to evade his legal wrangling.

-- The Nation 2011-12-27

[VoterPower]

Well, I reckon its fair to say the thai voters have given their opinion on the 2007 constitution, and the landslide election victory for PTP proves it.

The four points need addressing immediately and a democratic constitution putting in place which negates all subsequent aspects of the military junta 2007 law

[ozzieman05]

Well, I reckon its fair to say the thai voters have given their opinion on the 2007 constitution, and the landslide election victory for PTP proves it. The four points need addressing immediately and a democratic constitution putting in place which negates all subsequent aspects of the military junta 2007 law

Or did the present Government win many votes because they lied and lied that all poor Thais will be rich in 6 months

Someone forgot to tell them that there needs to be poor people for rich people to exist

A coup can happen no matter what you do to the constitution

What we need is a constitution best for the Thai people

Not these corrupt idiots that are only about themselves

[localsocalman]

Is is 17 or 18 Constitutions that Thailand has had since 1932? Come on ----- Like this PTP government run by a fugitive puppet master out of Dubai or one of the other countries that sold him passports ----- It is an embarrassment! Everyone is going to earn BT300/day minimum! Every Student is going to get a Tablet Computer! ......... oh, we forgot to tell you that it really wasn't going to happen these were just campaign promises!