Referendum would allow 'needed public debate on charter'
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A REFERENDUM ON the new constitution is necessary because it would allow the public the chance to study and debate its provisions so they become familiarised with its content, Election Commission member Somchai Srisutthiyakorn says.
He said that by law, a charter referendum must take place 90 days after the plebiscite is announced.
He added that he was worried about the time frame allowed for the public to study the proposed charter, noting that some countries allowed their citizens up to a year to examine a constitution fully before voting on it.
It is crucial that the public get the chance to examine and fully debate the charter before heading to the ballot box, otherwise the referendum could merely be a political game played by certain interest groups in which people were gathered to vote in order to legitimise their agenda, he said.
“When one group of people draft a charter, they might think it could solve all future problems – some other groups of people, however, may believe the drafted charter will cause even more problems in the future,” he said.
“Nevertheless, no one can predict the future, hence people should be given the opportunity to participate in the drafting process.”
He said the referendum should be the last process in the drafting of the charter.
It would be a good opportunity for people to study a constitution that had been drafted by a small group of people.
Meanwhile, National Legislative Assembly president Pornpetch Wichitcholchai dismissed a suggestion that Prime Minister General Prayut Chan-o-cha should use his power derived from Article 44 of the provisional charter to order a referendum. Pornpetch said it could not be done that way.
He said a referendum could only take place after there was an amendment of Article 46 of the 2014 interim constitution to legitimise such a poll. He said only the military’s ruling National Council for Peace and Order (NCPO) and the Cabinet could propose such an amendment to the NLA.
However, they must have clear information in regards to when and how the referendum would be held.
“I feel sorry for the prime minister when he is asked about using Article 44 to authorise a referendum. He needs more rounded information before making a decision,” Pornpetch said.
He said the so-called five rivers of power – the NCPO, Cabinet, the NLA, the National Reform Council, and the Constitution Drafting Committee – would deliberate on whether to hold a referendum when the final version of the charter draft was completed.
NLA vice president Surachai Liengboonlertchai said members of the assembly were scheduled to have a closed-door meeting in the middle of this month to discuss the proposals they would make to charter drafters on amendments to the document.
