Charter revision calls raise doubts if drafters can meet public hopes

The CDC has received a lot of proposals and recommendations from public members and political stakeholders. The inputs are so great in number and diverse that some constitution drafters complained many people who had made suggestions did not actually understand the problem areas the country’s new constitution had to address.

Judging from the large number of suggestions for revisions to the original draft, it could be interpreted that those recommendations are from people who do not understand the CDC’s mission. And it may also mean that the drafters were unable to meet the expectations of the people, particularly regarding what they want included in the new constitution. Many people want the charter to help restructure social order, ensure equality, and get rid of legal loopholes that allow corruption.

CDC chief Meechai Ruchupan has advertised the charter as an “anti-corruption constitution”. He explained there are mechanisms and measures aimed at keeping corrupt people out of politics. This is said to be boost good governance and the chance to get representatives and rulers with high ethical values.

Provisions in the chapter on “government duties” require the administration, the bureaucracy and state agencies to implement stated measures unavoidably. Certain state policies are designed to cover a long timeframe. Moreover, independent organisations are given more power in scrutinising and balancing their power with government.

However, civil society is still calling for revisions to the original draft in order to retain the rights of communities to have a say in local natural resources and environment. These rights appeared in the pre-coup 2007 constitution. The government was required to hear from local residents in case any project that might affect them – in terms of the environment, natural resources or health.

Many civic groups and environmental activists described the CDC’s draft constitution as promoting “government hegemony” while restricting the roles and rights of local residents. They warned that unless people were allowed to “stand at the forefront” of national development, this new constitution would create more problems than solving them.

The drafters, particularly Meechai, explained that the rights and liberties guaranteed in the previous constitution would remain intact, although they are mentioned in different chapters.

It is likely the drafters will make some revisions to this issue following much pressure from civic groups. However, with the time constraints, it is unlikely they will make all the revisions as suggested. Also, it remains unclear if the revisions will be what the people involved asked for.

The CDC’s work is restricted by requirements in Article 35 of the post-coup interim charter. There are 10 issues that the draft constitution has to cover, including mechanisms for reform and suppression of corruption.

Those stated requirements seem to aim at tackling political problems, and not actually solving the country’s problems.