MEPs highlight serious flaws in new Thai constitution and referendum campaign

A high-profile parliamentary delegation to Thailand has stressed that the future of EU and Thailand relations depends on the country's commitment to return to democratic structures and to conduct free and fair elections, writes Martin Banks.

The MEP delegation to Bangkok also demanded an open debate ahead of a referendum on 7 August on the country’s new constitution.

The charter is supposed to pave the way for elections in 2017 although the regime has now indicated this may be scrapped if the draft is rejected.

PM Prayut Chan-o-cha, the general in charge of the junta, said this week he will use his power to set up a new committee to draw up another charter if the draft is voted down.

During their visit to Thailand, the deputies also met Yingluck Shinawatra (pictured), the former prime minister, who was refused permission by the country’s military junta to leave Thailand last year.

She had been invited by MEPs to visit the parliament in Brussels.

German deputy Werner Langen, who led the three-strong group in Thailand this week, said, “I don’t believe that the right way forward is to have a military regime in place on a long term basis.

Langen, chairman of the parliament’s delegation for relations with the Southeast Asian and the Association of Southeast ASEAN Nations (DASE), also warned that negotiations on the Partnership and Cooperation Agreement (PCA) and the Free Trade Agreement (FTA) with Thailand would only begin after a "free and fair" elections are held.

They also said the European Parliament will continue to pay attention to working conditions in the Thai fishery and food processing industries as well as to the situation of migrant workers, with a particular focus on the fight against human trafficking.

Langen said the parliament has the final say on the FTA and PCA, so necessary elements including minimum democratic standards and proper care of migrant workers, especially in fisheries, must be upheld.

The eight-strong delegation also included  Marc Tarabella,a Belgian MEP and deputy chair of DASE, and Italian member Pier Antonio Panzeri, a member of the subcommittee on human rights.

Tarabella said Thais “must clearly understand the draft charter before going to the polls.”

His comments come prior to the start of a massive campaign by the military regime involving thousands of officials who will conduct door-to-door, village-to-village “explanations” of the charter.

This has been branded as a system of disseminating propaganda.

The Election Committee in Thailand also plans to organise TV debates on public and private channels.

Asked whether the EU would impose sanctions if the junta failed to return democracy next year as promised, Panzeri, said, “As things stand it is not possible to make remarks about possible sanctions. We don’t know what the outcome of the referendum will be.”

Much of the discussions focused on the draft constitution which has been widely condemned as undemocratic and a violation of international norms.

After the meetings, Langen said, “I believe that the current draft constitution that will be put to a referendum contains many opportunities to keep political democratic parties from power for quite some time, and I don’t believe that that is the right way to overcome the political differences between the two main parties.

“There needs to be more willingness to work on compromise. And I don’t believe that the right way forward is to have a military regime in place on a long-term basis, and that is why it would be very difficult to answer the question as to what would happen if the military regime were to remain in place,” said Langen, a centre right deputy.

Turning to the referendum this summer, Langen believes this should “offer an opportunity to consider possible amendments to the text.”

He added: “Usually when there is a change of this kind, then democratic transition would involve either fresh elections or some form of coalition. I

The parliamentarians visited Thailand after the Thai Supreme Court refused to allow Shinawatra to travel to Brussels last year.

She said the meeting in Bangkok was an opportunity to exchange viewpoints on current situation, including the critical issue of human rights.

She said: “They would like to see free and fair process of referendum as well as equal opportunities for all to freely debate on the draft constitution. Overall, they would like to see our country gearing toward democracy and election as soon as possible.”

The MEPs also asked to be able to observe the referendum later this year and, on this, Shinawatra said: “The request to observe the referendum process is the matter between the EU MEPs and the government to discuss.

“We are well aware of their concerns and we would be happy to cooperate with the European countries as they are friends to Thailand. Our country has long been trading partners with the Europeans.

“This is probably why they wish for us to return to normalcy through free, fair, and internationally acceptable referendum and election processes as soon as possible. The international community focuses on the same issues. The most important issue is how to go forward in a way that is acceptable by both the Thai people and the international community.”

Shinawatra was also asked about the second anniversary this month of the May 2014 military coup, which overthrew a democratically elected government.

Shinawatra, who is under effective house arrest, said: "People have been waiting for our country to return to democracy for two years. Thai people want there to be a general election as soon as possible, which would restore people’s rights, freedom and democracy. I wish to see this progress, otherwise the two years past would be been lost in vain.”

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