First takes on the junta’s draft constitution

PPT hasn’t had a chance to look at the draft 270-article, 95-page constitution in any detail, but there are commentators who have (a PDF of the draft can be downloaded, in Thai). While most of the provisions have been flagged in recent weeks – at last the most controversial, we thought we’d combines some of that commentary here.

In the Bangkok Post, the anti-democrat agenda of the drafters and junta is made clear by the aged military flunkey Meechai Ruchupan: “”Given the limited time, we have drafted the best constitution within the 2014 interim charter’s framework. We want it to be the charter that can efficiently suppress corruption and does not whitewash wrongdoers…”. He referred to the draft as a “reform constitution.” In the Khaosod report linked below, Amorn Wanichwiwatana, spokesman of the junta-appointed Constitution Drafting Committee, said the redesigned election system, will “prevent parliamentary dictatorship…”. He added: “It won’t be majority rule…”.

The CDC and junta are pandering to the anti-democrats and the fearful middle class. The anti-democrats will probably be happy (but see below), although the Democrat Party may be less so. However that party is able to lie in any bed.

One of the provisional clauses gives the military an extra three months in power, which The Dictator will have asked for. However, if the referendum dumps the charter, then military rule will be around for as long as the junta wants. In another interesting transition arrangement, if the charter gets up in the referendum, Article 44 remains in place through to a new government being formed. In essence, the draconian Article 44, which empowers the military junta to do anything it wants, stays in place. This allows considerable interference in referendum, election and the formation of any new government.

Pravit Rojanaphruk has an article at Khaosod that has a listing on some of the main (and, by now, well known) aspects of the military junta’s charter, in his sub-headings: Unelected Prime Minister and New Electoral System; Rise of Constitutional Court and Unelected Agencies Over Elected Government; Unelected Senate, Lack of Public Participation and a Less-Than-Democratic Charter. He also has some commentary.

Nipit Intarasombat of the Democrat Party doesn’t quite say it, but the charter tries to take Thailand back to a period of small parties, coalition building and busting, unelected premiers and vote-buying. The old political schemer and chief Privy Council meddler General Prem Tinsulanonda must be as pleased as Punch to have his political system essentially resurrected in this draft charter.

Nipit declares that the outside prime minister a threat: “This is unprecedented, and nowhere in this world can we find [such rules]. It allows for an outsider to become prime minister without being elected,” adding that the voting system “was designed in such as way as to ensure that no single party will ever gain outright majority in election…”.

The Puea Thai Party’s Chaturon Chaisaeng, saw the remarkable political power allocated to the Constitutional Court in legal terms:

“Having the power to define what constitutes a crisis and to use that power [over an elected government] is a serious dismantling of the check-and-balance system of the three branches under a democracy,” Chaturon said. “In getting it to try to solve [political] crises, the court will be increasingly dragged into politics. This is outside the democratic system, and will itself more easily induce crises.”

In fact, the new powers for the Court and for other independent bodies are to create a substitute for the monarchy’s political role, no longer considered reliable. Royalists and the elite figure they can maintain conservative control of the Constitutional Court.

Interestingly, a senior adviser for the People’s Democratic Reform Committee and regularly on their stage in 2014, Sombat Thamrongthanyawong, also a former member of the now defunct National Reform Council, told the Bangkok Post that “the structure of parliament set out under the draft charter is flawed and outdated and goes against the principles of democracy.”

We are sure there’s plenty more commentary to come.