Challenge for charter drafters: Global norms versus Thai traditions
Suthichai Yoon
The Nation October 15, 2015 1:00 am
It's not an easy task. But it has to be done. How? The new charter will have to meet international norms while suiting Thai social conditions, traditions and ways of life. And the draft must also be approved by the majority of Thais.
Mission impossible? The answer will be clear before the 180-day drafting deadline expires.
That's what Meechai Ruchupan said upon being named chairman of the new, 21-member Constitution Drafting Committee (CDC) on October 5.
You have to read between the lines to predict how the new draft will differ from the one thrown out last month by the National Reform Council.
Some clues can be gleaned from Meechai's responses to reporters' questions on the day he publicly declared he would accept the challenge.
Why did he decide to undertake this task in the first place? Did he lay down conditions with Premier Prayut Chan-o-cha? If so, what were they?
Naturally, Meechai didn't give direct answers to those questions. But his responses provided a clearer sense of the charter-drafting process's direction.
"The prime minister insisted that I should take up this job he asked me to undertake," the veteran legal expert said. "And I didn't see why I should ask any further questions. I trust his judgement and, as a Thai, I should help as much as I can. I'm not in a position to decline, which would be perceived as being ungrateful to the country."
Was he worried about how much independence he would be afforded in his task? In other words, would the clause for a "crisis panel" with wide-ranging powers over the new elected government be reintroduced in the new draft?
Meechai said: "Some people might speculate that I won't have individual power and will have to draw up the charter according to what I'm told. Let me say this. No one can draft the charter the way they want, because the charter isn't for private use at home. It's for the whole country."
The words of the CDC chief also helped clear up doubts over the shape and methods of the new drafting committee.
Meechai made it clear that the charter drafters would work under the framework of Article 35 of the interim constitution and the five-point rule in line with National Council for Peace and Order objectives.
And what does Article 35 say must be contained in the new constitution? The 10 issues include the principle of Thailand being a single, indivisible Kingdom, it being a democratic regime with the King as head of state, and efficient mechanisms to tackle corruption, to ensure accountable spending of state funds, and to block a populist administration that could lead to long-term damage.
The framework will provide the outline of the new draft, but the real challenge will be how to translate the "issues" into specific clauses, particularly those controversial provisions that more or less brought about the rejection of the first draft.
The drafters' main task will be to determine how to answer the following contentious questions:
1. Can a non-elected MP become prime minister?
2. Will there be a "super panel" with all-embracing power to handle "crises" once an elected government is installed? If so, how much power will this committee be granted? If not, will the NCPO switch on the green light?
3. How many appointed senators will there be? And what sort of power will they be given?
4. Will existing political parties be required to register anew, to pave the way for a "fairer" contest in the upcoming election?
And perhaps uppermost in the minds of the drafters will be: After all is said and done, what must the new charter say in order to be approved by the majority of voters in a national referendum?
There is no such thing as a "perfect" constitution, of course. But then, if the charter is to meet both international norms and Thai traditions, the only way is to raise Thai traditions to the level of international norms.
And, unfortunately, that's not in the "terms of reference" assigned to this new Constitution Drafting Committee. Nor, it seems, is the panel ready, equipped or qualified to undertake this unenviable Herculean task.
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