Borwornsak explains need for 20th constitution

Borwornsak was speaking at the 4th KPI International Club Activity event held under the topic “The Path to New Constitution of Thailand” on Thursday night at the Nai Lert Park Hotel.

Diplomats from over 30 countries attended the forum. 

However two-thirds of the embassies in Thailand did not send their most senior diplomats. The US embassy didn’t send any representative. “We thought in 1997 that we needed to empower strong government and political parties [but] we got governments that were too strong, who dictated [terms] to the Parliament and attempted to control watchdogs and independent agencies,” he said.

“As a result, the situation has changed, and there are reasons for change and we need to rethink.”

Individual politicians are seen by Borwornsak as key troublemakers. He told foreign diplomats that “politicians have been notoriously untrustworthy, non-transparent, and seemingly lacking morality and ethics, and honesty”.

To illustrate his point he pointed to the rice-pledging scheme and the attempt to pass the Amnesty Bill during the Pheu Thai administration. 

This is not the first time Borwornsak has been involved in a charter drafting process. The CDC president was secretary of the 1997 Charter drafting committee, and he was a member of National Legislative Assembly following the 2007 military coup that abolished the 1997 Charter. 

“Thailand has had 19 constitutions. The one in progress will be the 20th. But we are not the country which has broken the Guinness Book record on the total amount of charters,” he said, claiming that the Dominican Republic, Venezuela and Haiti had drafted more constitutions. 

“We are going to have the same amount as Ecuador next year. This is nothing to be proud of but there are reasons behind that.” 

Borwornsak was making light of Thailand’s high charter count drew laughter from the diplomats. 

CDC spokesman Lt-General Nawin Damrikan said the public could play an important role in ensuring this charter would hopefully be the last.

He said he wanted the public to “protect this constitution as if their life depended on it” because it emphasised promoting citizen rights. 

There were no critical questions from diplomats during a question and answer session. 

UK Ambassador Mark Kent asked about the checks and balances role between the judiciary and the legislature and what was the legislative scope of amending the constitution before the judiciary could intervene. 

Borwornsak said the organic law would specify some areas of the constitution could not be amended such as operating a democracy under a monarchy.

He said there would be other areas where lawmakers could make amendments, but details on that would come later.