There are fears this would lead to vote blocking and fail the system already addressed in the permanent chapter.

Reformers of the National Reform Steering Assembly (NRSA), meanwhile, expressed concern about the single-ballot system, deeming it more prone to vote-buying.

The Constitution Drafting Commission (CDC) met with the National Legislative Assembly (NLA), the NRSA, and the heads of governmental agencies yesterday to brief them on the completed constitution draft, which was submitted to the Cabinet on Tuesday.

CDC chief Meechai Ruchupan briefed them on the spirit of the charter draft, the content summary, as well as reasons for key controversial points including some exceptional rules applied during the five-year transitional period, including the mixed indirectly elected and selected Senate.

During the inquiry session, representatives of the NLA and the NRSA took turns to make further inquiries from the CDC although overall they appeared content with the charter draft.

The legislators were especially critical of the CDC’s decision to reserve 50 seats in the Senate during the transition period for indirectly elected senators, instead of all 250 selected senators as requested by the four rivers of power.

NLA members Somchai Sawangkarn and Tuang Annatachai expressed concern that cross-election at the local levels may not be very immaculate as such a method left a loophole for vote-blocking. In contrast, if selected by a selection committee, there would be better transparency.

“A wire-pulling game will be harder, if the entire Senate is selected by one selection committee,” Tuang said. “Also, what should we do [when we enter the permanent period after five years] if the cross-election method is proved to be ineffective?”

Another NLA member Jate Siratharanont questioned the impeachment power of the senators, which had not been addressed in the draft, saying the draft should have empowered the Senate with impeachment authority.

“The process is important. We do not necessarily have to successfully impeach them [corrupt politicians]. The point is to have them stand there, defend themselves, and have the media broadcast their responses,” he said.

The legislators also questioned how confident the CDC was that the same crisis would not repeat itself.

The drafters clarified that vote blocking among indirectly elected senators was not easy, provided the cross-election would take place at three levels – district to provincial and national.

Other than that, the constitution also set out rules to ban those committing electoral frauds for life, from running in any elections or holding any political office positions.

The CDC expressed confidence that all these measures could prevent foul play, which were at the root of the crisis facing the country. The CDC confirmed that in case the cross-election was really problematic, the charter could still be amended.

The drafters further explained that the senators could not impeach politicians because the Senate was not directly elected by the people.

However, they insisted that mechanisms to drive corrupt figures out of politics would not be short. They were in the hands of the courts and independent organisations, the CDC explained.

NRSA representatives, including NRSA’s political reform committee chair Seri Suwanpanont, voiced concern that the single-ballot system would result in rampant vote-buying.

They pointed out that the electoral system should have been a two-ballot system with larger constituencies. Bigger geographical areas for the election would make vote-buying difficult, Seri said.

However, the CDC insisted on its original intention that the single-ballot system would be good, as it ensured no votes would go in vain. In addition, they reiterated a lifetime ban would be imposed on those guilty of electoral fraud.

Parties whose members were involved with such a crime would lose points, they added. So, electoral candidates would not want to take a risk and buy votes.

The NRSA also complained that the CDC had shortened their terms in office from 12 months as originally promised to only four months. Meechai offered them apologies for not giving notice, citing they were short of time.

 

The National Council for Peace and Order (NCPO) junta should immediately end its abusive use of the sedition law against peaceful critics and dissenters, it said.

On Tuesday, authorities arrested 57-year-old Theerawan Charoensuk for posting her photo holding a red plastic bowl inscribed with Thai New Year greetings from former prime ministers ThaksinShinawatra and Yingluck Shinawatra.

The Chiang Mai military court released Theerawan on Bt100,000 bail pending a military trial. If found guilty, she could face up to seven years in prison. Prime Minister Prayut Chan-o-cha on Tuesday insisted that it is legally wrong to distribute red plastic bowls, as Thaksin is a fugitive and Yingluckis still under the prosecution process.

“The Thai junta’s fears of a red plastic bowl shows its intolerance of dissent has reached the point of absolute absurdity,” said Brad Adams, Asia director at Human Rights Watch. “When military courts try people for sedition for posting photos with holiday gifts from deposed leaders, it’s clear that the end of repression is nowhere in sight.”

“Thailand’s friends and neighbours should make clear that with each ludicrous new arrest, the junta’s global standing drops lower and lower,” Adams said. “They should press the junta to end its persecution of peaceful dissent and fulfil its frequent promises to restore democratic rule.”

THE NEW charter draft released yesterday meets the intentions of the National Council for Peace and Order (NCPO), Prime Minister General Prayut Chan-o-cha said yesterday.

“I’m content that the draft has paved the way to solve democracy that used to be disorganised, with graft, law violations and the entrance to politics without good governance,” Prayut said. “The drafters wrote [the charter] and I’m okay with that, although it’s not exactly what I want.”

The premier, however, refused to elaborate about his personal views on the final draft, adding that he could overturn the process but would not do so as people were looking forward to an election.

His only concerns about the draft were whether it could bring peace to the country and benefit the people, he said.

“You can vote down the draft if you don’t want peace in this country,” he said. “If I am to be responsible [if the draft is not passed], I can terminate everything. I have power to do that if I want to.”

With regard to the upcoming referendum, Prayut said the government had not yet made advance preparations but said parties would have to abide by the law, with measures being specifically designed to handle “the country’s abnormal situation”.

Suriyasai Katasila, a former political activist and deputy dean of Rangsit University’s College of Social Innovation, said the new charter draft demonstrated that the powers-that-be and charter drafters viewed “the situation” principally from a security aspect, which explained their “special political and security mechanisms” to ensure the country’s stability.

There was nothing wrong with that perspective, Suriyasai said, but he added that it was apparently narrow, which explained why the charter overlooked “citizen-based politics” that could help to ensure social and political stability with needed long-term reforms that are supported by the public. To the contrary, he said, the “special mechanisms” raise further questions whether “the situation” will be brought to a conclusion and if the NCPO will hold on to power.

Suriyasai said the new charter draft delivers democracy that does not conform to international standards, although it was understandable given the country’s political context.

He added that the powers-that-be must ensure that the proposed special mechanisms were temporary and it would be better if the five-year transitional term was reduced. In the long run, he said “citizen-based politics” must be empowered to help to secure long-term reforms and the country’s stability.

“In the end, it’s about reforming the country, and the people will be the most critical force,” Suriyasai said. “To sustain democracy, the powers-that-be must reduce their distrust of people and instead support their increasing role in politics.”

Independent academic Sirote Klampaiboon, on the other hand, viewed the charter draft as “almost unacceptable” because it established undemocratic powers that would dominate national politics and governance. During the five-year interim period, Sirote said, the charter’s transitional clauses will lead to “power friction” – meaning the next government will not be able to work independently because it will be overseen by the NCPO.

“With this move [imposing the five-year transitional period], it seems the NCPO will retain its power as they will still have a role in politics during the transitional period,” Sirote said.

He added that Meechai’s draft would block the next government’s administrative actions because of the NCPO-selected Senate and empowered independent organisations.

He also disagreed with the draft’s provision to allow an outsider prime minister given two-thirds votes of both houses of Parliament.

Key Pheu Thai Party member Chaturon Chaisang rebuked the draft, saying it was designed to favour the NCPO and was full of undemocratic principles.

He also anticipated that the next government operating under Meechai’s charter would not be able to maintain stability, leading eventually to political turmoil. “When the country sinks into a circle of turmoil, an outsider will become a prime minister. At that time … the powerful people … will be satisfied,” the Pheu Thai executive said.

Democrat Party deputy leader Ongart Klampaiboon yesterday urged the government to clarify what replacement charter would be used if the draft does not pass the public referendum. He said voters had the right to know the alternative charter prior to the referendum.

“The constitution is the most important law,” he said. “The public has the right to know about the future charter and they should be given choices, not be punched while their hands are tied.”

He added that the Democrat Party would scrutinise the final revised version of the charter draft and call a press conference to explain the drawbacks and advantages of each chapter to the public.

Meanwhile, the “red shirt” United Front for Democracy against Dictatorship chairman Jatuporn Prompan reiterated his stance opposing the draft. He said the charter would damage the country as did the 1991 and 2007 constitutions.

PRIME MINISTER Prayut Chan-o-cha yesterday said that he himself would design the outline of a training course for politicians who failed to change their behaviour despite being repeatedly summoned for “attitude adjustment”.

The course will cover a range of subjects including national administration, morality and good governance, Prayut revealed at his weekly news briefing.

The course could take 3-30 days, he said, and one person could be called several times to take it.

Prayut also plans to design another outline for journalists, he said.

The premier, however, admitted that he does not expect the obvious outcome from the course. He only wishes to call in people so that military officers can point out directly about their actions.

Meanwhile, the leader of the United Front for Democracy against Dictatorship, Nuttawut Saikuar, yesterday rejected the idea of a training course for politicians to be obedient, saying he did not believe any training course could make people think alike.

“No course can teach people to have the same thinking. Thai Society moves forward with a diversity of opinion like any other society in the world. All sectors should be given the liberty to express opinion as a public referendum on the charter is being held,” he said.

Nuttawut said taking people into a military camp is not good for the country’s image and human rights groups are monitoring such incidents.

Army chief General Teerachai Nakwanich said that a training course to educate “stubborn” politicians should be first used on those who had been summoned by the junta for “attitude adjustment”.

Teerachai, who also serves as secretary-general of the National Council for Peace and Order, was reflecting on a proposal by Prime Minister Prayut Chan-o-cha about a training course for politicians.

“Anybody who does not understand [after the attitude adjustment session] should undergo the training. The country needs peace,” he said.Army chief General Teerachai Nakwanich said a decision would be made in time about when to start the training course and Pheu Thai politicians like Wattana Muangsuk and Worachai Hema would be attending the preliminary training session.

He said these politicians keep talking because they are afraid that people will forget them when they seek election.

“We will keep them with us for a long time. Our soldiers understand things much better than them. The country is going well and people live in peace. If they do not know how to think, they will be trained,” he said.

Wattana has been fighting charges of committing computer crimes, which carry a punishment of five years in prison. He is currently free on bail.

The politician was charged after posting on Facebook early this month that Deputy Prime Minister Prawit Wongsuwan was “sexist”.

He was taken from his home on March 3 by Army officials and detained at a military base for an “attitude adjustment” session before being interrogated by police.

The National Council for Peace and Order (NCPO) on Saturday ordered military officers to take Worachai from his residence.

Worachai was quoted by the media as saying that if the current Constitution draft failed to pass the referendum, General Prayut Chan-o-cha should resign as prime minister to take responsibility.

Worachai was yesterday released and allowed to return to his residence.

Meanwhile, Prayut insisted that it is legally wrongful to distribute red plastic bowls, printed with names of ex-PM Thaksin and Yingluck Shinawatra, as Thaksin is fugitive and Yingluck is still going under prosecution process.

Prayut‘s comment came after a report of a Chiang Mai resident called to report to military court for sedition after posting a photo of himself with a red plastic bowl online.

The red plastic bowls were reported to be given to Chiang Mai residents, together with photos of the former premiers, to extend the former premiers’ advance wishes for Songkran day, blessing people to go through “heating situations”.