NITIRAT, the Thammasat University law scholars group, yesterday issued a statement rejecting the charter draft.

The statement attacked the draft, saying it would allow the National Council for Peace and Order (NCPO) chief to continue to wield absolute power through Article 44.

The group also objected to the move giving ex-officio Senate seats to top military commanders and the national police chief.

It said the Senate, which would be also entirely selected by the NCPO, would have a significant role in the country’s administration. “It is thus inevitable that the Senate would be dominated by the NCPO, which has influence over the selection of all senators,” the statement said.

The law group also said the charter draft gave the Constitution Drafting Commission too much time – 240 days – to write the organic laws on elections.

The group added that the charter also exempted the NCPO from taking responsibility for any of its actions before or after the charter takes effect.

The statement attacked the single-ballot election system, saying it would distort the intentions of voters. It said an election system that reflected the intentions of voters must allow them to cast separate votes for the party-list and constituency MPs.

The statement also disagreed with the indirect election of senators. “This system does not link the Senate with the people and does not meet democratic standards,” the group said in the statement.

A future Cabinet would not have the power and independence to make policy and run the country under this charter, the statement said.

The Constitutional Court and independent agencies were also allocated too much power because they would have the authority to check the Lower House, the Senate and the Cabinet, the group said, giving the example that the court would be able to remove the Cabinet over issues related to the budget.

The court also would have the power to call a meeting of Parliament, the prime minister, the Supreme Court president, the Administrative Court and other relevant bodies to make decisions on issues not covered by the charter.

The draft also makes amendments difficult, requiring the votes of more than half of the Lower House and more than one-third of the Senate, while the Constitution Court would have a supervisory role.

During the first five years, the country would also be under influence of the Senate, which is selected by the NCPO, making it even harder to amend the charter, the law group said.

The statement dismissed claims by charter supporters that the draft’s strength was its strong anti-corruption mechanism, saying that it only targeted politicians but not independent agencies.