Not long after the Constitution Drafting Committee (CDC) was appointed, the drafters showed no hesitation in welcoming ideas and participation from political parties and colour-coded political groups on the composition of the new charter.
Today is the first day for the CDC to open a forum to gather suggestions from political parties and political groups. The committee has set aside about a week to discuss thoughts with the parties and the groups on the new Constitution and open up for debate in closed-door meetings.
The invitation from the CDC was sent to elected parties in the previous House of Representatives, including the Pheu Thai, Democrat and other small parties, the People’s Democratic Reform Committee (PDRC), and the United Front for Democracy Against Dictatorship (UDD).
Surely, every side has been preparing to have a say in this constitutional drafting process.
Democrat leader Abhisit Vejjajiva will lead his team to meet the CDC. The anti-Thaksin PDRC was enthusiastic about taking part in the forum. Its spokesman even said the PDRC already had its drafts prepared on what to propose to the committee.
Only one important colour-coded group – the UDD – has shown uncertainty and hesitation about participating in this forum.
There is a strong feeling that the anti-coup red-shirts will not join the event or propose any suggestions on the charter. Last week, many of its members voiced strong opposition to the idea.
One UDD leader, Weng Tojirakarn, said that the junta and the CDC already had their blueprints, including 10 frameworks in Article 35 of the 2014 Provisional Constitution. He said that after every coup, the military always has its own set of laws ready.
However, Thida Thawornseth, another UDD leader, refused to reveal whether the UDD would cooperate with the CDC. Inside the red-shirt community, there is still some hesitation on whether it is worth offering their objections.
Even though the UDD claimed it was opposed to the charter in principle, it appears the reds are resisting the CDC’s ideas and a new charter. Some might ask whether there was anything to be gained from what the reds were trying to do. And it might be a waste of effort for the reds to even refuse to join the CDC forum.
Need for an inclusive constitution
The reds have been crying foul that the new Constitution would be drafted in an undemocratic way. But is it even democratic to judge the charter before it has even been written? And even if the eventual charter turns out as they expected, it would be a pity if they let slip the opportunity to have a say in reshaping or reforming the country.
Many in the public want to see conflicting sides join in this forum, hoping it could lead to a community more enthusiastic about this new Constitution which, once it comes into force, should represent every side and every citizen.
Other interesting questions concern to what level or to what extent will this charter include the ideas of all sides, and what will the CDC do to resolve conflicting issues?
Without doubt, this will be the biggest challenge for the CDC as it will not be easy for them to put these different and various proposals together. Moreover, how to make the charter efficient and be acceptable to the people is another of CDC’s primary challenges.
Such a challenge could be traced back to the controversial provision, or Article 35, in the interim charter that stipulates that the CDC must include 10 frameworks in any new charter. The pro- and anti-Thaksin camps are still divided on this Article as it would seem to have been written intentionally to eradicate the old power clique, the Thaksin regime.
Obviously, the reds are opposed to this idea but others, such as the Democrats and the PDRC, want it as a foundation of a new charter. Perhaps that was the reason the PDRC and the Democrats were satisfied with the article because their goals were similar and their intentions were to draft a law that would prevent the Thaksin regime from rising again.
However, the CDC forum to gather suggestions on the new charter from political parties and various political groups could be seen as the junta and the CDC opening their minds to any differences of opinion.
Some may argue the forum is intended to just make the charter appear to represent democracy by brainstorming the ideas of every side.
Yet the most important matter is that it should be the people’s power to have the final say and judge the final draft of any new charter – not some political parties, individuals or conflicting sides.