NLA, CDC to jointly prepare public for charter referendum

The Constitution Drafting Commission (CDC) will work to explain and disseminate the charter draft’s key points while the National Legislative Assembly will clarify details about its additional question, which in essence would empower the next Senate to participate in the selection of a prime minister, NLA Vice President Surachai Liengboonlertchai said yesterday. 

Both bodies’ public relations plans regarding the referendum have been an issue because the CDC earlier expressed concerns about the controversial additional referendum question, saying it might confuse voters if the NLA shared the stage at forums, which consequently could affect acceptance of the constitution. 

Besides joint public events, the NLA will also rely on programmes such as “NLA Meeting with the Public”, parliamentary broadcasting stations and its media network to publicise the referendum question. 

Addressing a concern about a scenario in which the constitution does not pass the referendum but the additional question does, Surachai said the new constitution should include clauses that allow the Senate to choose a prime minister jointly along with the MPs, reflecting public consensus on the matter. 

He added that the Election Commission (EC) would stipulate what actions are banned under the new referendum law. The NLA has already adjusted several points in the bill for the sake of clarity, Surachai said, adding that he thought it could be easily understood. 

“The two main principles of the referendum law [about public opinion] are that it gives full rights and freedom to the public [to express their opinion about the charter draft] and that people have the right to express their position for or against the charter, but they cannot persuade others to vote as they do. That could lead to another round of conflict,” Surachai said. 

He added that the EC was responsible for determining whether the United Front for Democracy against Dictatorship (UDD) and the Great Mass of People’s Foundation for Thailand’s Reform’s recent announcements respectively opposing and favouring the charter violated the referendum law.

Meanwhile, Deputy Prime Minister Wissanu Krea-ngam reiterated that the EC had the authority to decide what activities are illegal under the new act. 

Wissanu said the EC had issued three sets of guidelines related to campaigns on the referendum, adding that the commission should clarify what is permissible and what is prohibited regarding public expressions of opinion in the media, on signboards and via social media.

“We want the EC to say clearly what is black, white or grey. The EC does not need to seek the government’s approval for its regulations because it has the right to issue such regulations,’’ said Wissanu, who is a prominent lawyer. 

He said both EC regulations and the government’s orders would be enforced although Prime Minister Prayut Chan-o-cha has said the priority will be to enforce the referendum act. 

The deputy prime minister said both were equally authoritative and depended on the legal context of the situation.

For instance, if there is incitement in public, it will be a violation of Article 61, but the EC must be able to explain what constitutes such an act, he said. 

Asked if the UDD or the Great Mass of People’s Foundation for Thailand’s Reform announcements broke the law, Wissanu responded that police, prosecutors and the courts would decide. 

He added that there would be consequences if the issue is not clarified.