#Thailand: EU urged to increase sanctions against Thai junta in protest at 'undemocratic' constitution and referendum

The newly unveiled draft constitution in Thailand has been condemned as a “parody of democracy” by a leading international human rights group. The damning comments  by Human Rights Without Frontiers (HRWF) come as the final constitutional draft was submitted to the Thai government, paving the way for a national referendum provisionally set for 7 August, writes Martin Banks.

The 279-article draft has been drawn up by the junta-appointed Constitution Drafting Committee, chaired by Meechai Ruchupan (pictured) and without input from civil society. Politicians from both sides of Thailand’s political divide and human rights groups have opposed the draft, which includes clauses for a 250-member, fully appointed Senate that would be hand-picked by the junta.

The Senate could veto government legislation, will remain in place for a ‘transitional period’ of five years after elections and any amendment to a new constitution needs approval of one third of Senators.

The draft would also mean that individuals outside of parliament (such as Thai junta leader Prayut Chan-o-cha) would be eligible to be appointed prime minister.

Under the draft, any new cabinet would be obliged to ‘cooperate’ with the National Reform Steering Assembly (NRSA), a regime-appointed body, which can initiate bills and recommendations.

The draft also recommends that the junta-run National Council for Peace and Order (NCPO) will maintain absolute power until a new cabinet is formed and can intervene at any time to re-assume total power.       Additionally, a new electoral system would be based on greater proportionality, giving smaller parties more seats, triggering  predictions that this will lead to weak coalition governments.

The Constitutional Court would also enjoy greater powers and be nominated by the unelected House of Senators while military personnel and state officials would be granted immunity to last until after the formation of a new cabinet.

Focus will now switch to the upcoming referendum which,like the draft charter, has been heavily criticised with accusations that it will not be conducted according to international standards of freedom of expression, freedom of information to citizens and freedom of assembly.

With the clock ticking before this summer’s vote the regime has said that no political activities will be allowed and gatherings of more than five people will be prohibited.     There is also concern that the referendum can be approved by a simple majority of those voting, rather than a majority of all registered voters.

The military government banned criticism of the 105-page constitution prior to its release last week. Prayuth has restricted free speech in Thailand since leading a May 2014 coup that overthrew a democratically elected government and barred public protests amid other crackdowns on civil liberties. Public opposition and criticism of military rule can lead to spells of ‘attitude adjustment’ and, in the latest development, enforced training courses for “repeat offender” politicians and various groups who refuse to toe the junta’s line.  Government figures have said that people who “have failed to behave” after being repeatedly summoned for “attitude adjustment” will have to undergo an intensive “training course.”  These are likely to include journalists, university professors, politicians, opposition political supporters and students.

Chaturon Chaisang, a key figure in the opposition Pheu Thai Party, branded the initiative as “unbelievable,” adding that it reminded him of methods used by communist countries to gag their dissidents. The Pheu Thai Party has rejected the charter, saying it violates democratic principles and was a product of a coup-installed government. The party has called on voters to vote against the draft in the public referendum.

The draft did not say what would be happen next if it was rejected by the referendum, sparking fears that the Thai military is once again bent on tinkering with the rules of the game to produce a political outcome favorable to its interests. The latest indications from the junta are that the election, first promised for late 2015, will be held around mid-2017. But independent observers including Willy Fautre, director of Brussels-based HRWF, say that elections under a new charter that “effectively siphons away all powers from elected officials” is not a return to to democracy, a fatal flaw that should be acknowledged by the EU.

Critics have reacted strongly against both the constitution draft and upcoming referendum. Fautre said: “The announced referendum is a parody of democracy as all the restrictions imposed by the military junta on fundamental freedom will remain in place. No public debate about the latest draft will be permitted without the authorization of the government. The EU should denounce the manipulations being put in place by the regime to stay in power and should upgrade its sanctions

Further comment came from Fraser Cameron, director the EU-Asia Centre, a respected Brussels-based think tank, who said, “The draft constitution makes a mockery of democracy. The military need to return to barracks and stop interfering in the politics of Thailand.” Elsewhere, Sunai Phasuk of Human Rights Watch, said, “We are trying to hold the junta accountable to its own pledge to return civilian democratic to Thailand, but this draft charter is showing the opposite.It doesn’t give any promise of a democratic transition, but rather a prolonged control of the military.”

The Dutch ambassador to Thailand, Karel Hartough, reaffirmed the need for free and fair elections during his meeting with Prayut on 25 February. He also underlined the need for an inclusive constitutional process and the full restoration of the freedom of expression, assembly and other basic human rights and international standards. The Netherlands is the current holder of the EU Presidency.

The European External Action Service (EEAS) declined to comment on "an internal matter" but stressed the importance of “fair and free elections” being held in Thailand.

The United States, meanwhile, has reiterated its call for Thailand’s ruling junta to restore democracy and respect freedoms and rights. Sarah Sewell, the US undersecretary for civilian security, democracy and human rights, made the demand in a meeting last week withPrayut Chan-o-cha during a four-day visit to Thailand.

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