Consult public on charter amendments, experts advise

The Nation

People must be consulted before the Constitution of 2007 is amended and an independent panel should be set up to conduct public hearings, a roundtable heard yesterday.

"A referendum must be held to ask the public's opinion on which points should be changed," said Likhit Thirawekhin, a political science academic at the Royal Institute.

Article 291 should be rewritten so a new Constitution Drafting Assembly (CDA) can be elected, she told the seminar on "Constitution drafting options: Election of Constitution Drafting Assembly or appointing an expert committee".

The event was organised by the Thai Journalists Association, ISRA Institute of the Thai Press Development Foundation and Mahidol University's Institute of Human Rights and Peace Study.

The proposal of Ukrit Mongkolnawin, chairman of the National Rule of Law Commission, to set up an expert panel to compose a new charter was inapplicable because there would be only a handful of people taking part, he said.

A section that needs revising is the procedure to appoint the Election Commission and the National Anti-Corruption Commission, as the current methods "are not justified", he added.

Ladawan Tantiwitthaya-phithak, deputy chairwoman of the Political Development Council, said the charter should be redrawn so that it becomes a constitution of the people.

Organisations with networks in communities should hold public hearings on how the charter should be corrected, then academics in the areas should compile reports of their opinions to send to provincial- and national-level discussions, she said.

Wirat Kalayasiri, a Democrat Party MP and member of the party's legal affairs committee, said an independent committee should be set up to consider several versions of the charter. Then the people should be asked which areas should be improved.

People should be educated so that they really understand the charter amendments, Wirat said.

The new edition should also maintain the checks-and-balances mechanisms between the executive and legislative branches, he added.

Wutthisarn Tanchai, deputy secretary-general of King Prachadhipok Institute, said people must be allowed to take part in the charter-framing process.

Before the drafting starts, Article 291 must be reworked to clearly state who will have the power to reject or approve the draft.

The new charter should also promote civil politics and not create more social rifts, he added.

Pongthep Thepkanchana, a former Thai Rak Thai Party executive, said the Constitution of 2007 has problems because the people did not trust it from the beginning.

The current charter gave power to various independent organisations and this caused the government to have difficulty in running the country, Pongthep said.

A CDA should be elected by the people to draft the new constitution in 180 days.

The replacement would surely be much better than what we have now, he added.

Gothom Araya, a lecturer of Mahidol's Institute of Human Rights and Peace Study, said the charter amendments should be based on past lessons and no one should be prevented from taking part in the process.

An expert panel would have less legitimacy than a CDA, the lecturer said.

The election of the CDA members should be based on the number of voters in each province, he said.

-- The Nation 2012-01-23

With too much public endorsement the replacement will be worse than the present one. One way or another, the appointing of a panel, writing of new articles and ultimately a referendum will all be politically interfered with so that various parties can effect self-serving changes. From the comments here;

"Pongthep Thepkanchana, a former Thai Rak Thai Party executive, said the Constitution of 2007 has problems because the people did not trust it from the beginning.

The current charter gave power to various independent organisations and this caused the government to have difficulty in running the country, Pongthep said."

No surprises an ex TRT person has a problem with 'independent agencies' - this will shape up to be the main bone of contention with a PTP led initiative to amend. Clearly they want all these 'independent' agencies to become 'dependent' on the govt, thus removing the checks and balances. The Shinawatra/UDD version of democracy is 'we win big in Isarn, then we get to do as we please'. Get enough people behind that idea (oh, it hampers our ability to cream off a portion for our poor supporters) and you'll have them endorsing your version of a new charter in a referendum.

For this reason, public participation should be limited to experts from various fields, rather than various geographical constituency groups, because a large portion of this country is simply too uneducated and un-independent of thought, to be qualified in choosing what ends up in the next constitution.

Quick question.

Did Abihsit Consult Thai public on charter amendments, last year?

The trouble with experts is that ex is something that has been, and a spurt is what happens when you put a drip under pressure!

I'll get my coat, the taxi is outside.........

What cracks me up is how no one seems to remember that the current 2007 Constitution was endorsed in a referendum.

It was not "imposed."