Proponents and opponents of charter changes clash on first day of debate

They also pointed out that the bills seeking to establish a constitution drafting assembly to write an entire charter would be tantamount to overthrowing the current post-coup Constitution, which they said was a violation of the highest law.

Thursday was the first day of parliamentary debate on three bills – proposed separately by the Cabinet and coalition parties – seeking amendment to Article 291 of the Constitution to allow establishment of a constitution drafting assembly.

Deputy Prime Minister Chalerm Yoobamrung said that a clause in one amendment draft prohibits writing constitution in a way that would result in change of the political system from the current constitutional monarchy. Pheu Thai MP Vicharn Meechainan insisted that he would not allow any changes that would affect the monarchy.

However, some senators and opposition MPs called on the government to state clearly in its bill that the clauses in the Charter 2 of the current charter about the monarchy would remain intact. Some parliamentarians urged Prime Minister Yingluck Shinawatra to make assurance herself.

Senator Somchai Sawangkarn said that such concern was warranted following recent calls for changes in the clauses about the monarchy by groups linked to politicians in power.

Opposition Democrat MPs said that giving a “blank cheque” to a yet-to-be-established constitution drafting assembly – allowing it to write a new charter from scratches – was no guarantee that a new charter would be better than the current one. They also doubted the problems of the current charter mentioned by the government as the reasons for a major rewrite would be addressed.

Coalition MPs, particularly those from the ruling Pheu Thai Party, pointed out that the current Constitution was a “fruit” of the “evil” 2006 coup that overthrew the government of Thaksin Shinawatra. They said many provisions in the charter led to conflicts in society and obstructed the government work.

Pheu Thai MP Apiwan Wiriyachai said the charter set a nine-year term for members of the Constitutional Court and the National Anti-Corruption Commission, with the hidden goal of “trying to make some political parties extinct”. 

He also said that the provision about dissolution of a political party in case a party executive is involved in wrongdoing was “undemocratic and against the principle of justice”.

Apiwan, formerly a deputy House speaker, supported the idea of setting up a CDA to write a new charter. He said it was likely the CDA would include the good parts of the current and past charters in a new constitution.

Democrat MP Chamni Sakdiseth questioned the validity of the government MPs’ argument that constitutional amendment would lead to reconciliation. He said reconciliation would be achieved when the charter was enforced in a fair and justified manner.

Chamni said the current charter has clauses that make it difficult for ruling politicians to abuse their power. He suspected that changes of the charter also were aimed at helping “a particular person” to return to Thailand a free man, after efforts to seek amnesty and royal pardon for him failed. He obviously referred to Thaksin, who is in self-exile overseas escaping a two years’ imprisonment at home for abuse of power.

Many senators spoke in support of the amendment move while a number of other members of the Upper House voiced their opposition.

Senator Prajit Rojanaphruk said that he believed it was against the constitution to allow rewrite of the entire charter. “This is tantamount to cancelling the current Constitution and parliamentarians who support the change will break their vow to protect the Constitution,” he said.

Democrat MP Boonlert Pairin said he wondered if Parliament has the power to appoint a new constitution drafting assembly to write a new constitution. He said the act risked being regarded as a violation of the current Constitution. 

“The political party that proposes such change could face criminal case and end up being dissolved,” he said.

Opposition MPs said they did not oppose changes to certain problematic clauses in the current charter, but that allowing a CDA a free hand to write a new one was too costly and unnecessary. They said Article 291 already allows amendment by Parliament.

MP Sanongthep Aksornnarong from the opposition Pheu Thai Party voiced support to amendment of problematic clauses. He added that the amendment should benefit the people as a whole, and not certain groups.

Democrat MP Winai Sompong said he disagreed to changing the entire charter. He called on the government to identify the problematic clauses and that Parliament should do the job of amendment.

Winai, a retired Army colonel, said the problem with the current charter involved humans rather than the law itself. He noted that Japan has only one constitution after World War II. “The Japanese adapt themselves to the constitution and they do not try to change the constitution to suit them,” he said.

He also said that in the Thai political history, a crisis often led to constitutional amendment and a new constitution in turn led to a new crisis. “Writing a new constitution may lead to yet another crisis,” he warned.

Democrat MP Ratchada Thanadirek agreed that failure to abide by the constitution – and not the law itself – led to the political problems and unrest. “We should improve people rather than the constitution,” she said.

Rival groups of supporters and detractors of constitutional amendment gathered separately outside Parliament on Thursday.

After more than 16 hours of meeting, Senate Speaker Thiradej Meepien, who acted as the chair, adjourned the debate at about 2 am and scheduled the meeting to be resumed at 9 am on Friday.

A total of 620 parliamentarians attended Thursday’s meeting – 480 MPs and 140 senators.