2007 Constitution Referendum: Cycles of Abolition and Re-drafting of the Constitution?

A press conference on the campaign to reject the constitution and a seminar entitled, "Will the campaign to reject the constitution delay the election?" was held on 1st July 2007 at Thammasat University Tha Prachan Campus by the 19 September Network against the Coup, together with the Students Federation Thailand (SFT), Peoples Coalition Party, Red Dome Group - Thammasat University, and Students Activities Information Resource (SAIR).

 

Election Date Depends on the Truthfulness of the CNS and the Government

 

Assistant Professor Prasit Piwawattanapanich of the Law Faculty, Thammasat University said that the 2006 interim Constitution mentioned of the scheduled referendum to decide the faith of the 2007 constitution. Therefore, if we wish the 2007 constitution to be dropped, the majority of the people have to vote in opposition of this constitution.

 

Therefore, if the people successfully reject the constitution, the 2006 interim constitution cites that the role of the Constitution Drafting Assembly (CDA) will be terminated. The cabinet and the Council for National Security (CNS) will consult on which previous constitution will be amend and put in used. There is also a threatening trend which provides inaccurate information - that if the 2007 constitution will be voted down, the replacement one would be the CNS-written constitution. Therefore many that believe in this information will be force to support the referendum, believing wrongfully that it is the only way for election to be held. 

 

Assistant Professor Prasit stated that there are many reasons to object the constitution, and the most important point that should be highlighted, but has been overlooked is the issue on the background of the CDA. If this issue is picked up, the political debate will be upgraded to cover the democratic ideological debate also, not only the debate on the content of the constitution, since it will highlighted that the CDA is an illegitimate body as it is appointed by the coup plotters.

 

In terms of the content of the constitution, Prasit reflected that the people will reject the semi-system of the senators where half of the senator would be elected while the other half appointed. The authority of the appointed-senators will be as much as the one under the 1997 constitution which gave them the power to remove officials in the independent agencies.

 

On the issue whether or not the denial of the constitution will delay the election, Assistant Professor Prasit responded that it is the truthfulness of the CNS and the government's promises of holding a timely election will be the key factors. However there are also other political components in the future such as the concerns of the people for election which will determine whether or not the election will be held near the expected time. 

 

More Abolition and Re-drafting of the Constitutions - if 2007 Constitution is approved?

 

Mr. Pravit Rojanapruk, a Journalist from The Nation, stated that whether the campaign to turn down the constitution referendum will delay the election or not should not be the main concern as to what would be the effect to the Thai society in the political cycle if it is approved. He felt that it would lead to another cycles of abolishing and re-drafting of constitutions endlessly.

 

Even though this military constitution is called the constitution where the views and opinions of the people are represented, Pravit felt that it is not in anyway a participatory constitution. He highlighted that the people suggested for the government to provide 15 years of free education, however the some of the Sub-committee members of the CDA argued that only 9 years of education should be provided. Moreover, 2 unconstructive articles were passed. They are Article 76 which highlights that the role of the government will be to provide up to dated military weaponries and Article 299 which states that amnesty will be granted to the CNS. What was odd for Pravit was the two articles have not been argued much, thus making it sounds like the actions of the CNS are lawful.

 

In conclusion, Pravit asserted that we should not only focus whether to accept this constitution or not only on the contents or views on the constitution alone, however consequential implications if the constitution is to be approved should be the main concern.

 

Pro-constitution Campaign Launch - Despite Unfinished Draft

Mr. Pitch Pongsawat of Faculty of Political Science, Chulalongkorn University raised the question on the absurdity on how the campaign to support the constitution by the government could be made while the draft constitution is not yet finalized. Pitch said that this is the aggressive public relations stunt to legitimize the coup d'etat. Therefore it is understandable why the anti-coup groups need to reject the draft constitution.

 

As of the government post-19 September era, we are usually made to believe that the current administration is full of reasons and dharma, which to the middle-class is an ideal government, since the Prime Minister is the member of the Privy Council. However, Pitch felt that under this regime, the people are being reigned under fears. Currently, the people are not empowered but fears are being imposed on the people. Impressions that if the people would not obey the government, the societal division and bloodshed will occur, leading the people to have to frightfully accept the power of the military.

 

The country has gone backward. The election components consisted of two things. Firstly the peoples need to be educated, and have to refuse bribes and vote-buying. Secondly, those organizing the election have to be impartial. Punishments to vote-buyers need to be enforced.

 

In the past those in power tried to intervene with the Election Commission (EC), however currently the EC, which is responsible to hold this referendum, is working as the CDA and the Sub-committees in drafting the Constitution. The government has tried to make the people become reasonable, yet the process of drafting the constitution and calling for the referendum seems very unreasonable.

 

Apart from that, election is always used as the hostage. In the previous time, election will be held when there were political pressures; in this case the only reason that is delaying the election is the coup d'etat process.

 

Pitch also observed that the anti-referendum campaign would give lesson to the "amputated" however, it was not meant to discriminate the disabled. But Pitch referred to Professor Surachai Wankaew who kept mentioning not to "trip one's another leg" after the coup d'etat. Surichai, who claimed that he was represented in the National Legislative Assembly as the representative of the civil society, but not knowingly that he was amputated and was selected by the military government.

 

He questioned for what reason do people believe that we cannot amend the constitution by "our own legs", but have to rely on the military to pick us up and put us on the chair to amend the constitution. Pitch questioned why do we need to use tanks and to sacrifice the extensive economic figures to revise the constitution, could the people not revise the constitution by our own legs on the street? 

 

Exit Plan for CNS not necessary

Mr. Uchane Chiangsaen, Political Science Graduate Student - Thammasat University, as the representative of the 19 September Network against the Coup stressed that if we examine the 2006 constitution, denial of the draft constitution will not have any effect on the election. The delayed election date would be coming from the CNS since the central power is held in CNS' hands.

 

Therefore, if we do not utilise our rights by rejecting the constitution, the CNS would manipulate the situation and convey the message that they have the peoples' support and those opposing the coup is the minority. Even though the referendum process is reflected by unfairness since we do not know what we will face after the rejection of this constitution; however it is the first referendum in the country to be determined by the voices represented by the country's voters. There are many reasons for the people to reject the constitution; still it is our role to make the refusal of the people as the pressure to the CNS that the people are rejecting the coup d'etat.

 

Currently, there is an argument that if the constitution is not passed, there will not be an exit plan for the CNS, therefore bloodshed and violence would likely happen. Uchane wondered, why do we as the citizens, need to bring the issue of the CNS into our mind?

 

The result will show to the CNS that the people disapprove of the coup d'etat. At the same time, there is the clear extension of power coming from the CNS as we can clearly see from the current draft Internal Security Act and the mentioning of three political parties joining as the post-election government.  

 

Boycotting of the Election Proposed

Dr. Somsak Jeamteerasakul, of the History Department, Faculty of Liberal Arts, Thammasat University expressed that the aggressiveness of the current campaign against the referendum is much softer than that of the No Vote Campaign against Thaksin government during the last year election. During the campaign against Thaksin government, the slogan was to "No Vote" (crossing in the ballot in the box of abstention), but for the case of the referendum, the "No vote" box will not be provided in the ballot, only approve and disapprove of the constitution boxes. Somsak also observed that he felt it is very irony that we had been more vocal against elected government (Thaksin Shinnawatra) than the military government.

 

On the campaign, Somsak thought it would not be easily achieved; therefore he suggested boycotting the election to show symbolically the disapproval of the people on the referendum process. There could be a press conference that a group of activists will go to the voting booth but refused to join the referendum process. A strategy should be highlighted to persuade the people not to accept the process and the coup.

 

Somsak also added that if we campaigned to vote against the constitution and at the end the constitution is passed. This will mean that we have to accept the result as well, as it means that we are accepting the rules and the procedures arranged up by the military government. 

 

Future Activities on the Campaign to Reject the Constitution

For the future activities of the 19 September Network against the Coup, a weekly seminar will be held on Sunday at Thammasat University to raise up issues and debate with groups persuading people to approve the draft constitution.

 

On the issue of the sudden change of the room, Mr. Uchane Chiangsaen, the representative of the 19 September Network said that the network had reserved the Jitti Tingsapat Room at the Faculty of Law, Thammasat University. However, in the afternoon of Friday 29 June 2007, he was informed by the administrative department of the Faculty of Law that the network will not be allowed to use the room and was not provided with any reason. When the Vice-rector on Students Affairs, Dr. Parinya Thewarnoramitrkul contacted the faculty, he also did not receive any reply.

 

However, Mr. Uchane added that the conference rooms of the Faculty of Law is under the supervision of the Dean of the Faculty of Law (Dr. Somkit Lertpaitoon, who is currently serving in the Constitution Drafting Assembly)

 

Translated by Pokpong Lawansiri

Source: 
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