Challenge for charter drafters: Global norms versus Thai traditions

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THAI TALK
Challenge for charter drafters: Global norms versus Thai traditions
Suthichai Yoon
The Nation

BANGKOK: -- It's not an easy task. But it has to be done. How? The new charter will have to meet international norms while suiting Thai social conditions, traditions and ways of life. And the draft must also be approved by the majority of Thais.

Mission impossible? The answer will be clear before the 180-day drafting deadline expires.

That's what Meechai Ruchupan said upon being named chairman of the new, 21-member Constitution Drafting Committee (CDC) on October 5.

You have to read between the lines to predict how the new draft will differ from the one thrown out last month by the National Reform Council.

Some clues can be gleaned from Meechai's responses to reporters' questions on the day he publicly declared he would accept the challenge.

Why did he decide to undertake this task in the first place? Did he lay down conditions with Premier Prayut Chan-o-cha? If so, what were they?

Naturally, Meechai didn't give direct answers to those questions. But his responses provided a clearer sense of the charter-drafting process's direction.

"The prime minister insisted that I should take up this job he asked me to undertake," the veteran legal expert said. "And I didn't see why I should ask any further questions. I trust his judgement and, as a Thai, I should help as much as I can. I'm not in a position to decline, which would be perceived as being ungrateful to the country."

Was he worried about how much independence he would be afforded in his task? In other words, would the clause for a "crisis panel" with wide-ranging powers over the new elected government be reintroduced in the new draft?

Meechai said: "Some people might speculate that I won't have individual power and will have to draw up the charter according to what I'm told. Let me say this. No one can draft the charter the way they want, because the charter isn't for private use at home. It's for the whole country."

The words of the CDC chief also helped clear up doubts over the shape and methods of the new drafting committee.

Meechai made it clear that the charter drafters would work under the framework of Article 35 of the interim constitution and the five-point rule in line with National Council for Peace and Order objectives.

And what does Article 35 say must be contained in the new constitution? The 10 issues include the principle of Thailand being a single, indivisible Kingdom, it being a democratic regime with the King as head of state, and efficient mechanisms to tackle corruption, to ensure accountable spending of state funds, and to block a populist administration that could lead to long-term damage.

The framework will provide the outline of the new draft, but the real challenge will be how to translate the "issues" into specific clauses, particularly those controversial provisions that more or less brought about the rejection of the first draft.

The drafters' main task will be to determine how to answer the following contentious questions:

1. Can a non-elected MP become prime minister?

2. Will there be a "super panel" with all-embracing power to handle "crises" once an elected government is installed? If so, how much power will this committee be granted? If not, will the NCPO switch on the green light?

3. How many appointed senators will there be? And what sort of power will they be given?

4. Will existing political parties be required to register anew, to pave the way for a "fairer" contest in the upcoming election?

And perhaps uppermost in the minds of the drafters will be: After all is said and done, what must the new charter say in order to be approved by the majority of voters in a national referendum?

There is no such thing as a "perfect" constitution, of course. But then, if the charter is to meet both international norms and Thai traditions, the only way is to raise Thai traditions to the level of international norms.

And, unfortunately, that's not in the "terms of reference" assigned to this new Constitution Drafting Committee. Nor, it seems, is the panel ready, equipped or qualified to undertake this unenviable Herculean task.

Source: http://www.nationmultimedia.com/opinion/Challenge-for-charter-drafters-Global-norms-versus-30270900.html


-- The Nation 2015-10-15

[noitom]

Block a "populist" administration. In other words, make sure the Thai ordinary folks don't get out the vote.

[yellowboat]

"2. Will there be a "super panel" with all-embracing power to handle "crises" once an elected government is installed? If so, how much power will this committee be granted? If not, will the NCPO switch on the green light?"

This is glaring. Courts cannot be trusted to adjudicate properly, so you need "super panel". Any Thai farmers, street hawkers, motor bike taxi drivers on the "super panel" or they the usual Thai inbred elites ?

[Emster23]

Thai traditions? Maybe could add in "Coup every 4 years, needed or not"? Number of votes based on income, with cut off at 100,000 baht per month?

1. Can a non-elected MP become prime minister? Look at current head. He wasn't an MP of any stripe, was he?

"There can be no such thing as a perfect constitution". I don't think we need worry about that being the goal of new constitution....

[arthurboy]

The new constitution must accommodate Thai social conditions, traditions, and way of life.

Does that mean we will see a raft of clauses and articles that actively promote feudalism, cronyism, nepotism and - above all - corruption?

[Tatsujin]

The new constitution must accommodate Thai social conditions, traditions, and way of life.

Does that mean we will see a raft of clauses and articles that actively promote feudalism, cronyism, nepotism and - above all - corruption?

Don't need to promote any of those things, it's in their genes already, they don't know any other way of doing things.

[zaphod reborn]

1. Can a non-elected MP become prime minister?

2. Will there be a "super panel" with all-embracing power to handle "crises" once an elected government is installed? If so, how much power will this committee be granted? If not, will the NCPO switch on the green light?

3. How many appointed senators will there be? And what sort of power will they be given?

4. Will existing political parties be required to register anew, to pave the way for a "fairer" contest in the upcoming election?

How are any of these things affected by Thai exceptionalism? What kind of cultural accommodations need to be made, save for corruption, graft, cronyism, nepotism, racism, elitism, social stratification, and loss of face?

[Srikcir]

The new constitution must NOT accommodate Thai social conditions, traditions, and way of life.

Such accomodation has been the basis for every failed Thai Constitution. And the next Meechai draft will be no different as it will reflect the traditional feudal approach to governance.

Thailand needs a new social order, traditions and way of life that promotes and sustains democracy in practice. The attempt to bind the Thai people's loyalty to elitists in contravention to the people's constitutional rights and liberties will result once again in a failed State.

The CDC should recognize that there are sustaining democratic monarchies such as Japan and Canada that can provide a practical template for the next Thai constitution. But I suspect the sacrifice of power by the Thai elite would be too great.

[Oziex1]

Feudalism will rule, and you up there will know your place or else !

[Oziex1]

The new constitution must NOT accommodate Thai social conditions, traditions, and way of life.

Such accomodation has been the basis for every failed Thai Constitution. And the next Meechai draft will be no different as it will reflect the traditional feudal approach to governance.

Thailand needs a new social order, traditions and way of life that promotes and sustains democracy in practice. The attempt to bind the Thai people's loyalty to elitists in contravention to the people's constitutional rights and liberties will result once again in a failed State.

The CDC should recognize that there are sustaining democratic monarchies such as Japan and Canada that can provide a practical template for the next Thai constitution. But I suspect the sacrifice of power by the Thai elite would be too great.

Monarchy of Canada? did I miss something or you refer to Queen Elizabeth 2.

[davehowden]

"the only way is to raise Thai traditions to the level of international norms."

Well good luck with that bit pal.

[NCC1701A]

i say leave everything the way it is now. lots of drama.

[trogers]

Head scratching...

How does the mentality of people who rush to worship newly borne deformed buffaloes fit with global standards?

[oneday]

The new charter will have to meet international norms while suiting Thai social conditions, traditions and ways of life.

You see, that's just the problem. No it doesn't. There is nothing special about Thai society and traditions that forces a Thai charter to be non-Democratic and this is exactly what they are trying to justify.

[Oziex1]

The new charter will have to meet international norms while suiting Thai social conditions, traditions and ways of life.

You see, that's just the problem. No it doesn't. There is nothing special about Thai society and traditions that forces a Thai charter to be non-Democratic and this is exactly what they are trying to justify.

I think we can safely assume that the phrase "Suiting Thai social conditions and ways of life" refers to keeping the country feudal and backward.

Everybody in the world wants a better way of life, everybody wants to raise the standard and everyone is entitled to move out of their impoverished existence. over to you General/PM.

[elgordo38]

Block a "populist" administration. In other words, make sure the Thai ordinary folks don't get out the vote.

Like your comment and also the phrase draw it up taking into consideration Thai traditions. Talk about a loaded comment WOW coup-election-coup-election and so on.

[elgordo38]

Head scratching...

How does the mentality of people who rush to worship newly borne deformed buffaloes fit with global standards?

Global standards well it looks like a deformed buffalo but its really a crocodile. Is there really global standards which define what this was? Jury is out on this one. See you later alligator in a while crocodile.

[Thai at Heart]

As though there isn't a constituion elsewhere in the world that matches a Royal Head of State and a dual parliament.

[noitom]

The new constitution must accommodate Thai social conditions, traditions, and way of life.

Does that mean we will see a raft of clauses and articles that actively promote feudalism, cronyism, nepotism and - above all - corruption?

Don't need to promote any of those things, it's in their genes already, they don't know any other way of doing things.

It means tons of Thai what ifs, buts, beacuses, ands, and buts

[TPI]

The new constitution must NOT accommodate Thai social conditions, traditions, and way of life.

Such accomodation has been the basis for every failed Thai Constitution. And the next Meechai draft will be no different as it will reflect the traditional feudal approach to governance.

Thailand needs a new social order, traditions and way of life that promotes and sustains democracy in practice. The attempt to bind the Thai people's loyalty to elitists in contravention to the people's constitutional rights and liberties will result once again in a failed State.

The CDC should recognize that there are sustaining democratic monarchies such as Japan and Canada that can provide a practical template for the next Thai constitution. But I suspect the sacrifice of power by the Thai elite would be too great.

Monarchy of Canada? did I miss something or you refer to Queen Elizabeth 2.

Along with Australia and New Zealand and a host of other countries, why don't they do like Vietnam and borrow parts of other countries constitutions?