Draft Thai constitution draws criticism

The first draft of Thailand's proposed constitution, which the Constitution Drafting Committee formally submitted to government agencies on Thursday, offers a route back to civilian rule in Thailand after the military seized power last September in a bloodless coup. If adopted, it would be Thailand's 18th constitution since the end of absolute monarchy in 1932.

But the document has drawn flak from politicians who say the new arrangement would hand too much power to civil servants and other unelected officials. The draft, which the public and government agencies have until May 26 to amend, would end the election of senators, offer amnesty to the military for the coup, weaken political party discipline, and cut the number of members of parliament.

To some observers, the proposed constitution – drawn up by a handpicked body chaired by one of the coup plotters – is designed to stop ousted Prime Minister Thaksin Shinawatra or any future politician from using a popular mandate to challenge the status quo. Instead, the framers appear to favor a partial democracy that reins in the powers of elected representatives and keeps their ambitions in check.

With so many points of contention, analysts warn that the draft may fail a national referendum promised for September. A rejection would delay efforts to restore stability in Thailand after more than a year of turmoil and political paralysis that has put the brakes on economic growth and turned away foreign investors.

Much of the disagreement has focused on the fate of former Mr. Thaksin, a brash billionaire who became the first elected Thai leader to complete a full term in office. Since his overthrow last year, Thaksin has been living in exile while the military-appointed government investigates alleged corruption during his five-year rule. He was also accused of using his parliamentary majority and immense wealth to trample constitutional checks on his power and curb media freedom.

"They don't trust politicians, so they try to diminish the power of the political parties. They don't trust the people, either," says Nidhi Eoseewong, a prominent historian and cofounder of an academic network whose popular website was shut down by the ruling junta.

Leaders of Thailand's main political parties, which are still banned from holding public meetings, say this suspicion has driven the framers too far in the opposite direction.

"The problem wasn't strong government per se. The problem was allowing that government to manipulate independent agencies. That's where the target should have been," says Abhisit Vejjajiva, leader of the Democrat Party, the largest opposition party in the last parliament.

The framers have defended the draft document, which has been published in Thai newspapers, as a compromise between opposing views. One of the most controversial proposals to allow an unelected prime minister – seen as a sop to ambitious generals – was eventually dropped, as was a call to enshrine Buddhism, the most practiced faith, as the national religion.

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