Charter approval is being dictated

 

The only way Thailand is going to have a constitution worthy of the name is for the ruling military junta to allow citizens to criticise the draft as they see fit. The draft charter would be rendered useless to our noblest democratic ambitions if the government were to make any effort to approve it without a full hearing and heeding of the people’s will.

Meechai Ruchupan, chairman of the Constitution Drafting Commission (CDC), has said his panel is prepared to listen to any and all criticism of its proposals – and yet at the same time he warns us that, should the current draft be rejected, it will only be replaced by a “tougher” version.

Meechai has not reacted well to objections voiced thus far. Rather than accepting contrary opinions humbly and with dignity, he has accused critics of distorting the committee’s intentions, lashing out at them on an almost daily basis.

Prime Minister Prayut Chan-o-cha, the junta chief, becomes furious if questioned about the constitution, blasting critics for harbouring ill intentions towards the junta and the charter and vowing to have them summoned to military camps for “attitude adjustment”. Meanwhile we have the appalling spectacle of the Election Commission preparing a regulation carrying possible jail terms for anyone who campaigns for rejection of the constitution in the expected referendum.

Prayut’s junta turns out to have a much narrower mind about revamping the charter compared to the generals who toppled Thaksin Shinawatra in 2006. They allowed free criticism of the draft ahead of a referendum – open debate between the pro and con camps – with an eye to fine-tuning the document before it was placed before the public in a vote.

In contrast, the National Council for Peace and Order has made clear that it wants citizens to approve this constitution whether they like it or not. The military is prepared to mobilise troops to ensure the referendum campaign has the desired result. One regional commander has even suggested placing “security volunteers” outside polling stations to make sure people vote yes.    

As it stands, the draft is seriously marred, not least for its retrograde notions. It is plainly an attempt to perpetuate military and bureaucratic power in politics, rather than moving Thailand toward the full democracy to which its citizens aspire. If passed, instead of mighty timbers of democracy, several of our essential political institutions would become bonsai. Smaller parties would similarly have no chance to grow. Independent bodies would have less accountability. The Senate would not be popularly elected, but representative of select professions instead of the voting public. Anyone could become prime minister, nominated by his or her party, and as such would not remain accountable even to that party, let alone the people. 

Allowing non-MPs to become prime minister would enable any retired military officer or junta member to seize the post through parliamentary manipulation. Prayut has said he doesn’t wish to remain in power after the next general election, but his credibility is in doubt. 

All of these fears and objections could easily be allayed if the junta demonstrated adherence to its own stated objective of restoring democracy – by allowing citizens from all walks of life to express their opinion on the draft charter. Regardless of what is said, those opinions would for the most part be honest reflections of public hopes and expectations, and must be taken into account in the final constitution.

It is ridiculous and illogical for government and military officials to disregard the public will on the basis that a few are criticising the draft out of personal interest. It is the right of individuals to raise objections and suggest improvements for the benefit of the whole. This is the foundation of constitutional democracy – to serve the people, not the interests of the military or the bureaucracy that labours in its name.