Draft Thai constitution draws criticism

The first draft of Thailand's proposed constitution, which was formally submitted Thursday to the government, could weaken elected politicans.

from the April 27, 2007 edition

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"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.

To protest the exclusion of a religion clause, more than 3,000 Buddhist monks and other devotees staged a sit-in protest in front of Parliament. Prime Minister Surayud Chulanont said he was concerned that the Buddhist protests could lead to political chaos and bloodshed.

The draft will be opened up for debate at public forums across the country before final revisions by a 100-member constitutional assembly in July. Under the government's timetable, it would then be put to a national referendum in September, paving the way for proposed elections in December.

A referendum defeat wouldn't necessarily derail that process, as the military has reserved the right to promulgate any past constitution to take its place, though analysts say a rejection could prove problematic.

Another potential stumbling block is a court ruling due May 30 on alleged electoral fraud by the Democrat Party and Thai Rak Thai, the party founded by Thaksin. The allegations stem from an April 2006 election that was later annulled by the courts. Prosecutors have called for the dissolution of the parties, a move that would anger their supporters.

Among the provisions in the draft constitution that has drawn most flak is a clause on the appointment of the Senate, which became an elected body in 2000. The reformed body would be selected by a committee of top bureaucrats and judges and would, in turn, appoint the heads of powerful independent agencies. Critics say this would entrench the power of Bangkok elites who believe that ordinary voters are too easily fooled by unscrupulous politicians like Thaksin, who won landslides in Thailand's rural north.

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