A charter in public interest, alright, but what about the people?

ศาสตร์เกษตรดินปุ๋ย : ขอบคุณแหล่งข้อมูล : หนังสือพิมพ์ The Nation

http://www.nationmultimedia.com/politics/A-charter-in-public-interest-alright-but-what-abou-30282925.html

BURNING ISSUE

Meechai

Meechai

THE DRAFTING of the country’s new constitution is complete. We are now heading for a national referendum on the draft charter. Voters will decide whether to approve the draft that Meechai Ruchupan and his team in the Constitution Drafting Commission spent the last six months writing and revising.

Meechai said recently that for him “democracy” did not mean the people were superior; it is rather “public interest” that is the most important. That statement seems to reflect what is written in his draft constitution.

Under Meechai’s charter, people do not need to choose by themselves what they want – or whether to get involved in political participation. They can just wait for the authorities to make the choice.

Throughout the draft constitution, there are clauses here and there allowing the powers-that-be to pull the strings from above by citing public interest. Many people who benefit may be left wondering if what they receive is really for their benefit.

A clear example involves the transitory provisions about senators, regarding how they will be selected and the scope of their power. Meechai admitted boldly that this section was written in response to a request from the National Council for Peace and Order (NCPO).

That is why almost all the 250 senators will be chosen by the NCPO. Of the first 200, a selection committee appointed by the junta will nominate 400 people for the NCPO to pick 194 and appoint them as senators.

The last six in this group are not picked by the NCPO, but they undoubted links with the junta, as they are the top military and police commanders. The Armed Forces supreme commander, the commanders-in-chief of the Army, Navy and Air Force, the national police chief, and the Defence Ministry permanent secretary will become ex-officio senators.

The last 50 senators come from indirect election among representatives from 20 occupational groups. Again, the NCPO will have the final say, as they are empowered to pick 50 from a list of 200 nominees.

In short, all the 250 members of the next Upper House will come from the same source. And there is only a slim chance they will see things differently. So, there will be no more divided Senate.

More importantly, these selected senators will have wide powers. For instance, the government has to report to the Senate every three months on what has been done about national reform. Also, the Upper House is empowered to appoint and impeach members of independent organisations.

Most importantly, senators will have the power to vote in Parliament, and can reaffirm draft laws disapproved by any of the two houses.

Normally, the House of Representatives holds superior power for the enactment of new laws. Any bill that fails to be approved by the House of Representatives is considered doomed. In the case of a bill approved by the Lower House but disapproved by the Upper House, a joint committee is set up to deliberate on the contentious points. If the Senate still resolves to reject the bill, it is sent back to the House of Representatives. If the Lower House votes to reaffirm the bill, it is deemed to be approved by the National Assembly.

Under the draft charter, any bill disapproved by the House of Representatives must be deliberated upon by a joint meeting of Parliament to decide whether to reaffirm the draft law. That means MPs will need to rely on votes from senators to approve or disapprove any bill.

Selected senators will have powers equal to that of elected MPs in this regard. The next government may end up failing to push some laws through Parliament despite their utmost efforts. And they may fail to block some laws that go against their policies.

Regarding this provision, the constitution drafters explained that they were convinced the selected senators would base their decisions in the public interest when carefully considering whether to approve or disapprove any bills.

This is an example of public interest being acknowledged, whereas the public has no right to choose.

In writing the new constitution, Meechai and his team seemed to ignore the international principle of democracy that refers to the “rule of the people, by the people, for the people”. What we get is a Thai-style democracy envisioned by the junta since the day of the coup.

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