Proposal for Senate condemned

The charter drafters’ highly publicised proposal to grant “super power” to a fully appointed Senate, which also gives senators the power to scrutinise ministerial candidates, will be a wrong step in Thailand’s move toward democracy, former MPs Nipit Intarasombat and Udomdet Rattanasatien said. 

Earlier this week, the Constitution Drafting Committee (CDC) proposed that the unelected Senate be given the power to propose laws and scrutinise the qualifications of ministerial candidates. This is in addition to their existing authority under the 2007 Constitution to impeach the prime minister, ministers and top officials. 

“This power allocation is not correct and it will not solve problems,” Democrat Nipit said. 

He said the proposal showed the CDC deep mistrust of politicians and their move to control them through bureaucrats, but feared it would only result in a stalemate between the two Houses and between executives and high-ranking ministry officials. 

“This will also give rise to serious administrative problems, and if this happens, the country will go nowhere. The proposal to increase the power of the appointed Senate will be a step backward in Thailand’s democratic progress,” the former Democrat MP said. 

Pheu Thai’s Udomdet said the proposal was anti-democratic and expressed concern that it would make conflicts worse and deepen the social division. 

“This shows that the charter drafters don’t have confidence in the public’s decision and also reflects the notion that appointing government officials is better than electing them,” he said, adding that this was a clear example of social injustice and double-standards that make certain groups more privileged than others.

“People have feelings, and they may not be able to express themselves at the moment,” he said, adding that this would only contribute to the class struggle and not allow equal political participation. 

“Everybody in the country is equal, so why should certain groups be given special, strange ways of getting into power?” he asked, adding that there is just one social group – the citizens of Thailand. 

Udomdet said: “Democracy is the best system because it doesn’t exclude anybody and anyone who wants to run in an election can do so. I believe that’s the best way forward.”

 

Scope of power questioned

Satithorn Thananithichote, a researcher from King Prajadhipok's Institute, also disagreed with the scope of power that will be granted to appointed senators. He said senators lacked the democratic legitimacy to have the kind of power that allows them to scrutinise ministerial candidates or propose bills. 

“How can people’s representatives have less power than appointed members of parliament?” he asked, saying it was a “radical proposal” that would only lead to future conflict between members of the two Houses. 

Satithorn said charter drafters seemed to accept the fact that social inequality still exists and that there is a class struggle, in which a small group holds most of the power in society. 

As a result, he said, it is understandable that the CDC is trying to give different social groups official standing in the country’s political arena so they can compromise and negotiate for their interests. 

“When it comes to the origin of senators, I have no objections because it solves the problem of duplication in both Houses. This proposal will provide more variety in terms of the background of parliament representatives,” he said. 

On Thursday, CDC came to a consensus on Senate membership and decided that there would be a maximum of 200 senators appointed from five social groups. 

The first would be former chiefs of executive, legislative and judicial branches; the second group former senior government officials such as permanent secretaries of ministries and military commanders; while the third would be chiefs of professional organisations. The fourth group would include representatives of registered civil groups such as labour unions and agriculture cooperatives; while the final group would comprise members selected from professional groups that have had public endorsement. 

CDC spokesman Kamnoon Sitthisamarn said charter drafters want two parliaments that are distinct from one another, hence the House of Representatives would consist of people’s representatives while the Senate would be appointed from different social groups. He said this would allow for more “variety” and a “more inclusive” representation in Parliament. 

Charter drafters want “power groups” in society to have official standings in our political system, Kamnoon explained.

Acknowledging that the proposal had been criticised for being anti-democratic, he said “it depends on different viewpoints, but direct elections may not always be a step forward in democracy, but inclusive participation from all social groups definitely is”. 

He said appointed senators would help resolve parliamentary problems that the country experienced before. 

“In the past, the direct election of members of both Houses showed that they came from the same group. So what’s the point in having two Houses?”