Thailand military-backed constitution faces growing protest

Opposition is mounting against the new military-backed constitution in Thailand which critics have condemned as “undemocratic” and a way to help the coup-leaders to remain in power. 

According to a new legal analysis by Thai lawyers, the draft constitution not only contains provisions that infringe democracy but also flagrantly turns direct democracy into an additional safeguard of its undemocratic provisions. The assessment concludes, “Despite explicitly referring to a ‘democratic regime’ from the outset, this draft constitution paradoxically contains several provisions that substantially infringe democracy."

There is particular concern over a provisional clause to establish a 23-member National Strategic Committee, widely known as the crisis panel, which will include the army, navy, air force and police chiefs.

Section 280 of the draft gives the panel special powers (after the new charter has been enacted) to intervene in a political crisis by seizing both executive and legislative powers from the government and parliament if they believe the government cannot function and national administration is seriously compromised.

In the latest move, an in-depth assessment by two practicing Thai lawyers, both members of the Lawyers Council of Thailand, casts fresh doubt of what they brand an “undemocratic” constitution. The lawyers cannot be named for fear of reprisals.

In their assessment the lawyers highlight specific concerns about unelected members of the House of Senators; the dominant role of the National Strategic Reform and Reconciliation Committee (NSRRC) and the immunity of the military junta from the rule of law.

The provision for unelected senators forms one of the most important “undemocratic elements” of the constitution,it is argued.  The power of the senators, two-thirds of whom would be appointed rather than elected, is a particularly contentious as such a move is contrary to democracy in Thailand because the power of the senators authorized by the constitution could allow them to directly and indirectly intervene in the  legislative branch, administrative branch and judiciary branch.

There is also serious concern over the constitution granting legal powers to the NSRRC to take power in the event of an economic or political crisis, an exceptional approach to crisis management in which a committee could take the power of the government in times of emergency.  On the proposal to grant immunity for the military junta, the legal analysis states, “Normally, under a democratic regime, the powers of the legislative, executive and judicial must be separated in accordance the principles of check and balance."

Another controversial provision allows for an unelected prime minister, namely General Prayuth Chan-ocha (pictured), who as army chief led the 2014 coup.  The draft charter is now with the National Reform Council (NRC), a junta-appointed council, which will vote on it on September 6. If the NRC rejects it, a new team of charter drafters will be appointed to write a new constitution within 180 days which could be seen as a tactic designed to delay postponed elections, which the junta has promised for next year, even further.

The constitution must be endorsed by Thailand's King if a general election promised for early 2016 is to take place.  The draft has faced fierce criticism from key politicians, including former prime minister Yingluck Shinawatra who insists that it is rejected, saying that it is out of touch with the people and that an undemocratic constitution would put the brakes on the country’s progress.

Thailand has been divided for a decade between supporters of ousted former prime minister Thaksin Shinawatra and the Bangkok-based royalist-military establishment.

The military seized power on May 22 2014 after ousting Thaksin's sister, then-prime minister Yingluck Shinawatra.

Prayuth has ruled largely unchallenged since and is the instigator of the Thai constitution review. Prayuth has, however, had to contend with criticism levelled at his administration's handling of Thailand's flagging economy and, more recently, slow progress in an investigation into a Bangkok bomb attack that killed 20 people, more than half of them foreigners.

The draft constitution, Thailand's 20th since 1932, was written by a 36 member Constitution Drafting Committee appointed by the junta. The  opposition Pheu Thai Party immediately denounced it, saying it "totally disregards” the sovereignty of the Thai people.  It said: "The true power belongs to agencies and mechanism which are designed to maintain the junta's power without checks and balances."

Since the coup, the National Council for Peace and Order (NCPO), which the junta calls itself, has kept a tight lid on dissent and political activity, including party meetings.

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