New charter could completely alter power structure

WEDNESDAY, SEPTEMBER 02, 2015
New charter could completely alter power structure

THERE have been attempts to have members of the National Reform Council (NRC) vote down the draft constitution. Such moves have been made openly by some NRC members and political parties such as the Democrats and Pheu Thai, from opposite camps.

Also, a rumour has been spread that some men in uniform want to see this draft charter being voted down. According to the rumour mill, they simply want this current government, led by Prime Minister General Prayut Chan-o-cha, to stay on in power. And they want the draft to be rewritten in a way that makes life even more difficult for their political enemies.
However, judging from the latest developments, the likelihood of the NRC voting against the draft is almost zero. It is because the National Council for Peace and Order has made it clear that it is pleased with the final draft made by the Constitution Drafting Committee (CDC).
The NCPO seems to agree with a new political structure set by the new constitution, which makes it more difficult for political parties to become strong. The electoral system is designed to facilitate formation of a coalition government. A parliamentary system in which one political party is dominant will be a thing of the past. And with multiple-party partnerships and bargaining, coalition governments will be weak.
Moreover, a coalition government under the new constitution will face strict and tough scrutiny by groups who are not directly elected by voters. That will make it difficult for governing politicians to run the country in a constructive way. Running the country will be just a routine job for them.
An unprecedented organisation will be formed under the new charter. It is called the National Strategic Reform and Reconciliation Commission (NSRRC), whose members also include commanders-in-chief of the armed forces. The panel will have power greater than that of a government. For example, the NSRRC is empowered to propose plans for reform and reconciliation.
Despite disagreement by a ruling government, the panel could confirm its plans with support from at least two-thirds of its members, which makes it compulsory for that government to comply. This is really power greater than that of a government.
Also, the panel has the power to take control of the country in times of crisis. According to the new constitution’s final draft, the NSRRC’s acts are considered legal. For critics, this provision is termed “staging a coup under the constitution”.
With those provisions, many observers agree that the constitution drafters could already have “solved the problems” given by the NCPO. If this draft comes into force, it will result in completely changing the country’s power structure. It should be noted that none of the powers-that-be have spoken against this final draft by the CDC.
Deputy Prime Minister Wissanu Krea-ngam, who is in charge of the government’s legal affairs, warned recently that by voting down the draft charter and allowing the constitution-drafting process to start anew, the NRC would plunge the country into uncertainty. “We don’t know if people like it that way. We don’t know about new drafters of the constitution and their thoughts. We don’t know what a new draft will look like - or if it will be even worse [than the current one]. The solution exists, when the NRC votes on September 6,” he said.
A key NCPO supporter, Suthep Thaugsuban from the People’s Democratic Reform Committee, threw his weight behind the draft charter. He said the final version was good enough for a national referendum. For the veteran politician, different provisions in the new charter could help ensure that national reforms would be implemented.
Judging from the latest developments by the parties involved, the draft constitution is likely to sail easily through the NRC this coming Sunday and is destined for a national referendum.