After 18 charters in 80 years, we should think carefully about another one, law
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If the Kingdom is to draft yet another new constitution, it should only be done after adequate deliberation on what the country needs from a charter - as none from other democratic countries were really suited for Thailand's political and social context,
Assoc Prof Banjerd Sinkhanethi, dean of the Faculty of Law at the National Institute of Development Administration (NIDA), said society must know what they need from a constitution otherwise it would be a wasted opportunity as Thailand has already had 18 charters over the past 80 years of its parliamentary democracy.
Banjerd said over the past 80 years, political power had remained in the hands of the elite – be they military or civilians – and the majority was still unable to wrest power into their hands. This was a challenge the new charter must address. So far, most occupational groups, like farmers or labourers, had no real representation in Thai electoral politics, he said.
To make the next charter more permanent, a referendum requiring two thirds or three quarters of the vote for endorsement may be needed in order to ensure society-wide consensus.
“There is no ready-made solution for making democracy,” Banjerd warned. In the United Kingdom, he said, it came from historical political development over the past seven centuries.
“Democracy is not an instant noodle that you can just tear the pack [open] and consume.”
Nakarin Maektrairat, a former dean of Thammasat University’s Faculty of Political Science and a member of the junta-appointed 2007 Constitution Drafting Assembly, said another challenge was how to keep the Army at bay, and from tearing up any future constitution. He said he was a reluctant member of the drafting assembly of the current charter.
More important, Nakarin said, was that society must recognise that drafting a new charter is like building a new house and one must know what kind of house one wants first, with how many rooms.
He supported wide deliberation that would address key issues like the political system Thailand truly wants, the issue of separation of powers, citizens’ rights, local administration and more. Nakarin warned that no new charter should be drafted in a political and social vacuum and lessons should be reaped from the strengths and weaknesses of all past charters including the current one.
Adequate time was needed in order to ensure the widest possible participation by people in the process, said Nakarin, who conceded the current junta-backed charter was drafted in a hurry as time constraints were imposed on charter writers.
Bowornsak Uwanno, secretary general of King Prajadhipok’s Institute, which set up the panel yesterday, said the fact Thailand had had 18 charters so far and may need to draft a new charter showed the under-developed nature of Thai politics.
Former House Speaker Uthai Pimchaichon, also chairman of the 1997 charter drafting assembly, said suggested having less articles in the new charter and putting laws to regulate the power of politicians and deter generals from staging coups in separate legislation.
