Pheu Thai asks for draft that respects global norms

The open letter was signed by Pheu Thai leader Pol Lt-General Viroj Pao-in who planned to submit it to the Constitution Drafting Commission (CDC). The letter proposes that the CDC write a constitution which specified that sovereignty belonged to the people, adding that voters should have the right to decide on all forms of elections and other participatory democracy such as referendums, the initiation of draft constitutions and bills.

Organisations exercising power under the constitution – such as the Legislative Branch, the Executive Branch, the Judiciary Branch or independent bodies – must come from, and be associated and linked to the people, it said.

The letter went on to say that the constitution should be in line with “Thainess” and should amalgamate and integrate all lessons learned from drafting constitutions during the past 83-years. Any contradictions with international democratic principles must be avoided. It added that the prime minister must be elected, the president of the House of Representatives should be the president of the National Assembly, and that members of Parliament must belong to political parties.

The letter said the relationships between the constitutional organisations must be managed methodically with balance, responsibility and accountability.

“Do not allow any organisations to be more powerful than others or become the constitution themselves, or weaken the executive branch’s ability to perform its duties and thereby make it ineffective,” it said.

The party also urged the CDC to write a draft that prohibited any amnesty for those who subvert the constitution or the monarchy, as was enshrined in the charter of 1974.

Moreover, it asked that the draft constitution stipulate that when an election is held within 180 days or one year, members of the Constitution Drafting Assembly must be directly elected to draft the new constitution within a reasonable period. Then the process must go through a referendum. If the draft is accepted, the constitution should be enforced and implemented, said the letter.

Penalising politicians or anyone else sentenced for misconduct or electoral fraud was reasonable, but it must be clear that each case occurred in the normal system and was not caused by actions related to the coup, the letter added. Persons deprived of their rights in this way must be lawfully prosecuted and must not be retrospectively punished, which would be contrary to the rule of law, it said.