#Thailand: EU warned to be sceptical of Thai generals’ democratic posturing

Fresh fears have been voiced that the re-drafted Thai constitution will siphon powers away from elected officials and handed to officials appointed by the military junta.

The concerns were triggered after the chairman heading the redrafting appeared to soften his stance towards the junta's suggestion that the draft charter be revised to allow selected senators to serve a five-year term after the next general election.

Critics have slammed the idea, saying it will pave the way for the military regime to cling to power and keep an elected government under military control.

Observers believe appointed senators would consist of the junta-led National Council for Peace and Order (NCPO). The rest would come from members of the National Legislative Assembly, which already consists of more than 100 soldiers.

Speaking at the weekend, Meechai Ruchupan, chairman of the 21-member Constitution Drafting Commission (CDC), said that he and his colleagues would consider the proposal even though the  CDC had initially proposed the indirect election of 200 senators from 20 professional groups.

Thai Prime Minister Gen Prayut Chan-o-cha, the general who led the May 2014 coup which removed a democratically-elected government, said: "If Meechai refuses to follow our suggestions he has to explain why."

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The possibility of un-elected senators is just one of several areas of concern, which also include the recent announcement that campaigning against the draft will not be permitted outside of debates held by the Election Commission.

Draft proposals about unelected nominees being able to run as prime minister and the banning of leading opposition political candidates from holding office have been condemned.

Other issues of concern relate to suppression of freedom of speech and censorship of journalists and political activists and a ban on meetings of more than five people.

There is also disquiet about the National Legislative Assembly passing an amendment last week that will see the draft charter passed in a referendum by a simple majority.

The draft, officially released on 29 January and currently the subject of a stakeholder consultation,must be submitted to the government by 29 March and will then go to a referendum, provisionally set for 31 July. It will be the country's 20th constitution since 1932.

However, some of the mooted CDC amendments have even managed to unite former bitter political enemies such as former PMs Abhisit Vejjajiva  and Thaksin Shinawatra, both of whom are particularly scathing of the draft.

Abhisit, who was in power from 2008-2011, said: "It's clear we're not going to get the kind of constitution many of us want, whether in terms of democratic standards or of a  document that will lead to true reforms."

His comments echo recent criticism by Thaksin who has accused the junta of clinging to power.

The Dutch, who currently hold the EU presidency, have also waded into the debate on the constitution with its ambassador to Thailand, Karel Hartogh, recently reaffirming the need for free and fair elections during a meeting with Prayut.

Hartough also reaffirmed the need for an inclusive constitutional process and the full restoration of the freedom of expression, assembly and other basic human rights and international values Thailand has subscribed to.

Fraser Cameron, director of the Brussels-based EU/Asia Centre, cautioned that it would be wrong for the EU to think that by setting a referendum date and supposed elections for 2017 Thailand was now on the right track.

He said: "The draft falls short of what is required to ensure true democracy.There is no doubt that democracy in Thailand is under attack. The international community, foremost the EU, US and other ASEAN countries, must press the junta to reverse course. The prospects for elections in 2017 look like slipping which would be very regrettable. The junta must realize that the country’s economic development will depend on restoration of constitutional rights for all Thais."

Further concern was expressed by Willy Fautre, director Human Rights Without Frontiers (HRWF), who, referring to the revision of the constitution, said: "A democratic regime would be in a better position than a military regime to make it a success corresponding to the expectations of the majority of the people."

Elsewhere, Scottish Socialist MEP David Martin told this website: "The new constitution requires careful study but ultimately it will be up to the Thai people to decide through the referendum if it serves their purpose.The setting of a date for the referendum on a new constitution is welcome. We have to hope that a yes vote in July will pave the way for elections in early 2017. The international community must make it clear that it will not accept unjustifiable delays in the restoration of democracy."

Sarah  Bishop, of the College of Law at the Australian National University, said that even if the constitution passes and elections are held next year "this should not be confused with a return to full democracy".

She added: "The powers of the people will still be very limited. It should also not be confused with a return to normalacy - conflict is likely to remain high."

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