Whether or not Thailand needs a new constitution was debated at a forum held by the Post. Vicha Mahakun, deputy president of the Constitution Drafting Committee, Seri Suwanpanont, deputy chairman of the Constitution Drafting Assembly, and Sutin Klangsang, deputy spokesman of the People Power party, were among the speakers.
''Our push for the charter amendments did not begin just recently,'' Sutin Klangsang, deputy spokesman of th
e ruling People Power party, said. In fact, it was the party's main election policy platform, suggesting that the outcome of the general election would decide whether the constitution should be revised, he said.
''We also made a public commitment that we would use the 1997 charter as a model for the charter changes. And in our policy statement to parliament, we pledged a charter review.
''We are doing just what we promised to undertake.''
Mr Sutin said his party had full faith in the 1997 charter ''as it has a soul'' and would connect better with the people.
''Even though it was seen as good, 10 years after it was promulgated the parties involved perceived the need to amend the 1997 charter.
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| Sutin: Just doing what we promised |
''They first thought about amending it through ordinary channels, but the plan was interrupted by a coup.
''Back then we suggested that the 1997 charter be revised, but we never got the chance to see it through.''
The coup led to the formation of the Constitution Drafting Assembly and the writing of the the 2007 charter.
A constitution's acceptance depends on its legitimacy, content and the atmosphere in which it was drafted.
The 2007 charter was ''not so legitimate'' since much of its content was disputed, he said.
Moreover, the country was under the control of the military when the charter was drafted and put to a national referendum. A public referendum should be held in an atmosphere in which people are free to make decisions.
''Why so early? The 2007 constitution has posed a number of problems.
''Firstly, MPs are troubled by an article which they see as obstructing their work.
''The article in question (Article 266) prohibits MPs and senators from using their positions to interfere in the operations of government agencies.
''The charter writers may not have intentionally restricted MPs, but the article somehow intimidates MPs, putting them in a position where they feel as if their hands are tied.
''Right now, when people are unfairly treated by police, we dare not interfere.
''Secondly, we admit that our bid for wholesale charter changes is partly inspired by the party dissolution rules.
''What is happening these days is that the Thai public and the international community are questioning the country's political stability.
''At the end of the day, the PPP may not be dissolved, but what we currently see is shrinking confidence in the country's political stability.
''They have even started asking how long the government will stay in power and with whom they should discuss the kingdom's economic problems.
''Concern is also growing about whether the public will shy away from engaging in political activities and developing political parties.
''If the ruling party is disbanded, we believe it will lead to political turmoil.''
Thirdly, he said, there is no guarantee the PPP-led government will be in power long enough to push through the changes.
Amid this sense of insecurity, the government could collapse in its first, second or third year in office.
Mr Sutin said this sense of insecurity would be passed on to the next government or the next parliament.
''There is a high risk involved, but it will never be free of risks, whether we do it now or later.
''Are the amendments self-serving? It is hard to say since the amendments could bring a premature end for us as well,'' he said.
''We might be able to survive longer by not pushing for the changes and allow the party dissolution trial to proceed. We can't say for sure if the charter changes will benefit us.
''We are pushing for the amendments because we cannot afford to let this sense of insecurity haunt the next government as well.
''We are not saying the amendments have nothing to do with the party's possible dissolution.
''But it is not the only reason why the changes are being demanded.''
As a matter of fact, he said, the 2007 charter is not that bad. But it has a weak point.
''It is derived from a dictatorship. This is why we plan to draft a new one. If initiated by the people, it would be more sacred and acceptable,'' he said.
On the argument that the 2007 constitution is legitimate because it was approved by a national referendum, considered as participatory democracy, he said the party was trying to combine participatory democracy with representative democracy.
''We would like to propose that the charter amendment process be started by MPs,'' he said.
After the draft amendment is debated in parliament and clears its first and second readings, it will be put to another national referendum.
''If it is rejected by the people, the parliament will not accept it in the third reading.
''This is better than the proposed establishment of a constitution drafting assembly. I will propose this.
''A referendum is a good thing and it is needed to ensure the amendments are truly acceptable,'' he said.
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