The NCPO has a charter writer - and one chance to please the public

[webfact]

BURNING ISSUE
The junta has a charter writer - and one chance to please the public
JINTANA PANYAARVUDH

BANGKOK: -- WHEN any military regime seizes power, people generally expect the junta to have a desire to hold on to power for as long as it can.

But it does not mean they are always happy with this assumption about power.

The shooting down of the charter draft by the now-defunct National Reform Council last month resulted in Prime Minister General Prayut Chan-o-cha and other National Council for Peace and Order (NCPO) members having more time to stay in power, in this case until at least mid-2017.

While they might be satisfied at being able to retain power, there is always the risk that things will not turn out so rosy in these scenarios.

As the premier told the international community, before a general election is held, the country needs a constitution.

But the premier faced difficulty finding a new chairman to draw up a new charter. Only a few names of veteran legal experts popped up, as they do every time the country needs one to lead the writing of a constitution.

Prayut had to wait until the last minute of the deadline - yesterday - to have a complete list of 21 members of the new Constitution Drafting Committee (CDC) after Meechai Ruchupan, a leading candidate, finally officially accepted the offer to chair the committee.

The list was finalised in an NCPO meeting yesterday.

Judging from the 77-year old veteran legal expert's profile, the former Senate speaker was obviously the one and only choice for Prayut after Borwornsak Uwanno lost his job as chairman of the initial (and now defunct) drafting committee.

As chairman of the Law Reform Commission of the Council of State, Meechai has been a legal adviser to several coup-makers. He chaired the charter drafting committee after the coup in 1991 and headed another team that drafted the interim charter in 2006. He also played a vital role in drafting the 2014 interim charter and the amendments it underwent.

If the new charter draft passes as the 20th Constitution, it will be added to a long list of items on his extraordinary CV.

Despite being supported for the post in a recent poll, Meechai faced much criticism over his previous tasks and record of serving post-coup regimes.

To be optimistic, one good thing about having Meechai in charge is that the drafting process could be relatively swift. He was earlier appointed by the NCPO to monitor the drafting of the defunct CDC and to give suggestions to the regime on the rejected draft.

So, he will be well aware of controversial points that should not be added to the draft and may be able to avoid chances of the draft being shot down again.

Moreover, as he is now an NCPO member, it's unlikely there will be any conflict between the military and the CDC about the charter's content. He said yesterday he had been given a guideline from the NCPO to write the new charter.

But the key test is for Meechai to write a democratic charter good enough for the public to accept - as the amended 2014 Interim Charter requires the draft to pass a national referendum.

If the public, and notably the two major political parties - Democrats and Pheu Thai - oppose its content, the new draft will face an uphill task passing a referendum, because half of all eligible voters make up the two parties' political support.

Thus, the fate of the next draft relies both on its content from the CDC, plus whether the public will vote to pass it or not.

And if the new draft is rejected again, the pressure would certainly mount on Prayut from both the domestic and international community.

So, the stakes are high for the junta as well, and their ability to move the country forward and head to an election as stated in their road map.

Otherwise, the road map may need to be delayed again - a prospect that carries that many are unlikely to relish.

Source: http://www.nationmultimedia.com/politics/The-junta-has-a-charter-writer--and-one-chance-to--30270280.html

-- The Nation 2015-10-06

[Bob12345]

Only a few names of veteran legal experts popped up, as they do every time the country needs one to lead the writing of a constitution.

Maybe some of the legal experts can specialize in drafting constitutions. They will have a job every couple of years when a new constitution is needed again and as compensation for the lack of work in between constitutions (it takes time to push an elected government away and organize a coup) they should be allowed to hire as many relatives and friends as they like to maximize their profit. I don't think the army would oppose that as they seem to do it themselves also.

[WhizBang]

And in other news today, it is reported that the new charter will contain some version of a 'crisis panel'. So it seems the new draft will be 'same same, but different'.

Apparantly no one learned anything from the previous fiasco.

[waldroj]

"...one good thing about having Meechai in charge is that the drafting process could be relatively swift"!

While it’s appropriate to have an elder legal-eagle involved, the choice of one who has “experience” writing Constitutions gives one cause for some doubt about that person’s ability to produce a successful and lasting document for the future. But then again, the same could be said of all of Thailand’s past 19 Constitutions!

Having Prayut's man at the helm should make the other 20 CDC Mark II members aware of who's running this show (but one hopes they can maintain their independence, and not meekly acquiesce to NCPO demands).

Also having the Mark I document to guide them will make things a lot easier this time around. This, and other recent versions of the Constitution should mean that only cosmetic work is needed now to clarify contentious points in previous documents. Because of Meechi’s involvement in past Constitutions (in 1991, 2006, 2014), I see an important role for him now, not as leader, but as someone who must accept responsibility for his involvement in past failures. It is hoped that the other members of Mark II challenge him intensely about the logic behind the previous documents and why they failed so quickly.

The real concern for Thailand is that Mark II's draft (when completed) will be put to the people as is, and left for them to decide at referendum.

If they accept it, the way should be open for democratic elections. However, rejection of the draft at referendum will virtually guarantee the junta will continue to control the country for the foreseeable future.

Even if the draft is accepted, and a democratic government is elected in mid-2017, the clause (about the National Strategic Reform and Reconciliation Committee), that the Constitution must contain, will still provide an opening for the military to again step in and regain control.

So, as Mark II begins its task, as history has shown, there is no guarantee that their efforts will provide a long-term result. At 77, Meechi may still be around to get another chance at drafting the 21^st attempt!