2 legal experts commit to panel being set up to prepare for new Thai charter

Deputy Prime Minister Phumtham Wechayachai, who also holds the Commerce portfolio, said a number of political veterans have already agreed to join the panel.

Veterans joining the Phumtham-chaired panel include legal expert Choosak Sirinin, who hails from the ruling Pheu Thai Party, and Nikorn Chamnong from the coalition Chart Thai Pattana Party.

“They both have a good understanding of the law and their previous work has been related to constitutions,” Phumtham said.

He added that other potential contenders have been approached, though they should add up to no more than 30.

The panel members will come from various occupations and include representatives from the government and opposition parties.

He said a new charter would be drafted and its organic laws would be issued within the Pheu Thai-led government’s tenure, setting new rules in time for the next general election.

“This [new] constitution will be democratic and acceptable to all sides. We need a consensus and must ensure the final draft is passed in Parliament,” Phumtham said.

He also insisted that the first two chapters in the current charter involving the state and the monarchy would be left untouched.

“We won’t touch Chapters 1 and 2 about royal powers to avoid creating conflicts,” he said.

Officially, his committee is tasked with “studying methods to hold a national referendum”, and its name does not mention amending the constitution or preparing for the drafting of a new one.

Phumtham expects the final list of committee members to be available by next Friday and submitted for Cabinet endorsement at its meeting on October 3.

“When we get all the committee members, I will call the first meeting to set a clear timeframe of work and how a referendum can be organised. Also, how many referendums will be held and what questions will be asked,” said Phumtham, who is also Pheu Thai’s caretaker deputy leader.

“I can confirm that we will be formulating a democratic constitution. We will adhere to the Constitutional Court’s ruling on how it can be done,” he said.

The Constitutional Court ruled in March 2021 that as the current Constitution, in force since April 2017, was backed by a majority of voters in a national referendum, any major changes can only be done after eligible voters are consulted in a plebiscite.

Phumtham also said on Saturday that for the sake of speed, his committee would base its work on the now-defunct 1997 Constitution, with some revisions to reflect the current political situation.

The 1997 Constitution was described as a “people’s charter” as it was written with inputs from members of the public at the behest of an elected government.

Critics, however, accused then-prime minister Thaksin Shinawatra of abusing provisions in the charter for the benefit of his family and political cohorts while his Thai Rak Thai Party was in power. The charter was abolished after the September 2006 military coup, which deposed Thaksin’s government, during his second term in power.