Thai talk: What does a constitution for reform and reconciliation look like?

[webfact]

THAI TALK
What does a constitution for reform and reconciliation look like?
Suthichai Yoon
The Nation

BANGKOK: -- If the chairman of the Constitution Drafting Committee had his way, the new charter would be brief, devoted to national reconciliation, a deterrent to "populist policy" and would first be subject to a national referendum.

But Dr Borwornsak Uwanno realises that it will be hard to convince the whole country that the new constitution will genuinely represent all the nation's diverse interest groups.

"We know that our social capital is relatively small because the National Reform Council wasn't a popularly elected body. The members were handpicked by the National Council for Peace and Order (NCPO). But we will do our best," the legal expert admits.

The charter drafting committee will have to submit its work to the National Reform Council, which has the final say on the matter before it is put to a public referendum. The National Legislative Assembly, another appointed body, is also being tested over whether "reconciliation" is part of the agenda or not.

The proposed impeachment of former House speaker Somsak Kiatsuranont and ex-Senate speaker Nikom Wairatpanij, has split the NLA, with one side arguing that wrongs must be put right while the other side insists that if the move persists, national reconciliation would be undermined yet again.

The 87-75 vote, with 15 abstentions, was a narrow victory for those who want to proceed with the impeachment move. The absence of 30 NLA members from the session, on grounds that they had to attend a Royal Thai Army Kathin ceremony, was conspicuous. The uniformed officers were obviously trying to keep a distance from the political fallout.

The Somsak-Nikom case was in fact just a prelude to the more crucial impeachment motion against former premier Yingluck Shinawatra. If found guilty, she could be disqualified for political office for five years - and that could seriously undermine Pheu Thai Party activities once elections are held after the new constitution comes into force.

But the impeachment is unlikely to materialise. At least two-thirds of the 220 NLA members must vote in favour in order for impeachment to be effective. To achieve that number under the current scheme of things is almost impossible - unless the military makes the unlikely open gesture of backing that motion.

But even if impeachment is ruled out, the political undercurrents pitting the pro-Thaksin and anti-Thaksin elements against one another have surfaced yet again, putting the reform process in a precarious position.

Dr Borwornsak's outline of his personal blueprint for the new constitution puts strong emphasis on "national reconciliation and reform". Deputy Premier Wissanu Krea-ngam, one of Premier Prayut Chan-o-cha's trusted legal gurus, has publicly stated that the new charter will be "colour blind" - suggesting that the provisions won't benefit one group of the recurring conflict over another.

The chief charter drafter said the new constitution will have to embrace clauses that will ensure social and economic equality, well-being and social as well as economic freedom.

"It will definitely not be old wine in a new bottle. Let's forget that description because none of the country's past 19 constitutions had incorporated national reconciliation and justice in the economic and social systems," said Borwornsak.

How those aims are to be achieved in concrete terms remains a huge challenge. Almost all constitutional formulae have already been tried in this country. All the world's well-known clauses have been included in the past 19 constitutions but none has been able to prevent a coup.

After all is said and done, however, it's not the legal fine points that determine whether a constitution works or not. It's the practical adaptation to real-life situations and the political ethical standards, which cannot be written down, that decide whether "democracy" is really practised or not.

Unless broad-based "participatory democracy" is adopted that allows the people at all levels to exercise their rights as proper checks and balances against politicians, the new constitution, no matter how impressive the wording, will be just another draft waiting to be torn up by one of the groups of vested interests with the power of intervention, legal or otherwise.

Source: http://www.nationmultimedia.com/opinion/What-does-a-constitution-for-reform-and-reconcilia-30247606.html


-- The Nation 2014-11-13

[Thai at Heart]

a deterrent to "populist policy"

How on earth can a constitution define this type of thing?

[h90]

just if someone forgot....the government wanted to do something against corruption....

[ChrisY1]

It will be a complicated, unfathonable document that will constantly require courts to make judgements.....!

[Somtamnication]

Looks like a dog chasing its leg. Looks like a person on meth walking down a soi.........and so on.

[chainarong]

It will look very similar to what is in vogue now, the ruling elite and the top end of town are not about to let go of what they have, so we will see a little bit done here and there , mainly shoring up positions so that it will be harder to define an issue for a court case.

[Commerce]

"All the world's well-known clauses have been included in the past 19 constitutions but none has been able to prevent a coup."

One wonders why, when basic law is not upheld, and is corrupt at all levels, the more so the higher one's position is. It's not rocket science!

[stickyrice2000]

Reform as much as you like. There are no perfect constitutions. You please ones, but not the others.

[visionchaser45]

What does a constitution for reform and reconciliation look like?

Well, we are getting a sense of what those two terms, reform and reconciliation, mean to the current shot-callers. I expect they'll probably attempt to craft wording to support the "correct" definition of these terms.

[noitom]

For an editor, this guy appears to be really full of hot air. As another poster noted, he perceives that a constitution "written properly" would oppose populist programs. What a laugher this statement is. Coming from a major national newspaper. Appalling level of bottom feeding journalism.

[Chris Lawrence]

"devoted to national reconciliation, a deterrent to "populist policy" and would first be subject to a national referendum."

What does that really mean? You have some of the current crop of politicians refering to the farmers as 'water buffalo'; and no populist policy. So if you don't earn the money you can't patricpate in its fair distribution? So any taxes stay with the populist earners in Bangkok distributing over 70% of GDP to this one location?

Like most countries with a farmer or land heritage, they are seen as the poor or undeserving.

It will be interesting to see how the next constitution turns out and the next coup?

[Strangebrew]

Ok it is official now I'm totally confused.

[MaxLee]

What does a constitution for reform and reconciliation look like?

Well, simply put, it means:

1. The rich and influential stay rich and are off the charge for any crime

2. The poor are kept poorer and uneducated

3. Opinions and critical thinking are like A***holes and treated as those by the people in power and shut down to extremes....

4. continue to save face like an animal possessed

Edited November 13, 2014 by MaxLee

[Ozziepat]

Coups are an accepted regular occurrence because the most powerful elements of Thai society/culture continue to exist *outside* the framework of constitutions/laws/governments imposed upon the remainder of the populace. No previous constitution has altered this, nor will the one currently being developed.

[yellow1red1]

aked this hundreds of times, still not 1 answer// reconcile to when? reform to what point? When, in the past 8 decades is there time and a regime that was not in turmoil and Corrupt? Reform, only a word you say, but it is a NON starter; Transformation is required.

We need something that is better than all of the Failed experiments, including democaZy. There ARE Documents from the 1920's which could form the basis for civilized human governing. Are there, really, any brain washed who believe the brit or ameriKan Kleptocracies are the models to emulate?

Reform to WHEN?

[yellow1red1]

aked this hundreds of times, still not 1 answer// reconcile to when? reform to what point? When, in the past 8 decades is there time and a regime that was not in turmoil and Corrupt? Reform, only a word you say, but it is a NON starter; Transformation is required.

We need something that is better than all of the Failed experiments, including democaZy. There ARE Documents from the 1920's which could form the basis for civilized human governing. Are there, really, any brain washed who believe the brit or ameriKan Kleptocracies are the models to emulate?

Reform to WHEN?

John Locke, in his 2nd Teatise, OF THE FORMS OF A COMMON-WEALTH.

Sect. 132. ;;; came very, very close to describing political architecture that would WORK. Two great Siamese Scholars, opposed by 4 strong forces, in the Early 20th Century, also, wrote Documents detailing a design which only needed minor adjustments, engineering, to set an Example.

2 things, > we out number Them 7 billion to 1000, so it shouldn't be that hard, if we came up with a Solution.

> As 3 million children will starve to death in 2015, because we won't give them FOOD, we should begin on the premise that we areN"T a civilized species.

[candide]

We've known already about "creative accounting" in the US. I am eager to discover "creative charter-drafting"!