
The Yingluck government’s plan to amend or overhaul the Constitution needs to overcome its first obstacle, the highly
contentious question of whether and/or when a public referendum on the issue should take place.
Prime Minister Yingluck Shinawatra on Saturday expressed ambiguous support for a referendum, without spelling out when it should be held. The Election Commission and the red-shirt movement have adopted clearer, opposing stands on the timing of the referendum. The opposition Democrats, meanwhile, are keeping their options open.
Pheu Thai MP Natthawut Saikua yesterday ruled out a referendum before amending the charter, saying the people should be consulted only after draft amendments are
completed.
“Pheu Thai is very clear about charter amendment, therefore it has the mandate to rewrite the charter based on the July 3 voting outcome,” he said.
Natthawut said the main coalition party and red-shirt movement would push to amend Article 291 of the Constitution, paving the way for
formation of the Constitution Drafting Assembly to take charge of the rewriting process.
“The CDA will be responsible for the rewriting and the referendum vote on the draft,” he said in reference to a non-partisan approach.
He said voters installed Pheu Thai in power with an understanding that the party would bring about charter change, hence he deemed it inappropriate to hold the referendum before activating the rewriting process.
He said the charter rewrite would not fuel political conflict because the CDA was free to get the job done without involvement of the government.
Opponents were trying to fault the drafting process because they had an ulterior motive to try to bring down the government, he said.
He voiced optimism that the charter amendment process would be activated early next year.
He dismissed speculation that the charter would be amended to
“rescue” fugitive former prime minister Thaksin Shinawatra, saying past charters had never been written to serve any individuals.
Regarding the proposal to amend the lese-majeste law, he said there was no link between the charter rewrite and the criminal provision on royal insults.
“Pheu Thai has no policy to amend Article 112 of the Criminal Code related to offending the monarchy,” he said.
Election Commission member Sodsri Satayathum said the referendum on charter amendment could be done if the Cabinet, in consultation with the speakers of the House and the Senate, deemed it necessary to do so.
A referendum vote could be done from 90 to 120 days, Sodsri said.
The EC would be tasked with organising the referendum, including holding a series of public hearings allowing proponents and opponents of the issue to air their views to enable voters to form a decision, she said.
She said in her personal opinion, the referendum should be held before the CDA formation to clarify whether or not the charter should be amended.
She said the voting outcome for the July 3 general election should not be construed as a mandate to amend the charter. Although 15 million voters chose the Pheu Thai, their numbers might increase or decrease if asked a specific question about charter amendment.
Democrat leader Abhisit Vejjajiva pointed out that the government’s stand on constitutional reform remained vague, so his party would not jump to form conclusions about what to do.
“We wouldn’t mind supporting changes that could improve the system, but we won’t back any move that could lead to greater national conflict or benefit only certain groups of people,” Abhisit said.
Regarding the referendum, Abhisit said that since the current Constitution virtually was “approved” by the Thai public, changes to this charter should also be put before Thai voters. Abhisit, however, was not specific about when a referendum should take place.