Organic law for 20-year master plan would be serious misstep
Though the core content of the country’s new constitution is known to the public, mystery still surrounds its so-called organic laws, which are still being written. With the uncertainty has come growing concern over how the finished charter will alter the national DNA.
Unlike the previous constitutions of 1997 and 2007, the new charter has no clear provisions for requirements and penalties concerning various different matters. Constitution Drafting Commission (CDC) chairman Meechai Ruchupan has explained that the constitution contains the essential principles while the organic laws will cover the details.
All eyes are now on the ongoing drafting of the 10 organic laws being undertaken by Meechai and his team.
According to the post-coup interim charter, once the new constitution is promulgated the CDC has another 240 days to complete the organic laws. Meechai and his team are drafting four laws to cover the next general election – legislation on political parties, the Election Commission, the election of MPs, and the appointment of senators. The drafters are focusing on the first two laws so as to lay a foundation for the other two.
However, politicians oppose what they deem “inappropriate” moves by the drafters, including the idea to “reset” the membership of political parties. And the drafters are yet to decide what scope of duties and power should be handed to the Election Commission. The CDC is expected to disclose details of the two laws later this week.
Another important organic law required under the new constitution involves plans and measures for national reform. Meechai has underlined the importance of this legislation, nicknamed “the law on national strategies”.
“If [future] governments do not comply with the strategies, it means they will be intentionally violating the constitution,” the chief drafter said. He added that those failing to comply would risk serious punishment.
This is significant since the post-coup government has unveiled a 20-year strategy for national development and is now seeking means to ensure its successors stick to those plans. In reality, the work of setting strategies for national development legitimately belongs to elected governments with a popular mandate, and not to those that seized power through a coup. Also, to be effective, such plans must respond to the present national and global situation and thus cannot be forged years in advance.
It is reasonable for the current administration to desire that reform efforts be maintained once it steps down. But it should be aware that 20 years is a huge stretch of time, and there is more harm than good in setting inflexible plans for a distant future.
Forging a monolithic 20-year master plan for national development is simply not sensible. It will be too rigid to accommodate inevitable changes and will prove useless in the long run. Instead of spurring Thailand’s progress, it will act as an obstacle on our road to prosperity.
We deserve something different from the organic law on national strategy. We just hope that the drafters are sensitive to the nation’s needs and find the right way to meet them.