Press Statement

NGO Coordinating Committee on Development (NGO-COD)

Rejection of the Draft 2007 Constitution

15 July 2007

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A meeting of member and allied organizations of the NGO Coordinating Committee on Development (NGO-COD) was called today to deliberate our collective stand concerning the forthcoming referendum on the draft 2007 constitution. NGO-COD has previously presented major submissions to the drafting process led by the Constitution Drafting Council. However, the conclusion reached in today's meeting is that despite the fact that the current draft contains provisions that are more progressive than the 1997 constitution, which had been the subject of pressure from allied organizations, including clauses concerning the signing of international trade agreements, protection of the rights of children, the disabled, consumers and women, and the immediate application of constitutional rights without the need for the prior promulgation of organic laws, NGO-COD holds that the overall spirit of the draft constitution shall not bring about genuine political and social reform. The draft charter fails to uphold the right and proper political powers of the people. Instead, powers are simply transferred to government officials, particularly those concerned with the administration of justice. The failures of the draft constitution in this respect include:

1. Failure to endorse the people's right to participate in the drafting of economic, social and cultural development plans, or in other words, a rejection of people's right to self-determination.

2. Failure to endorse social welfare system reform, including initiatives towards health for all, and health for the elderly.

3. Failure to endorse tax reform aimed at tackling problems of income distribution and at engendering social justice by such means as the enforcement of property and inheritance taxes or progressive land taxes.

4. Failure to embrace media reform, with particular reference to the clauses in the draft constitution which pave the way for a single independent organization which will monopolize the power to manage frequencies and supervise broadcast media and telecommunications in the country.

5. Failure to uphold the rights of small scale farmers as essential contributors to maintaining national food sovereignty and food security.

6. Failure to endorse the right to housing and human security for all people.

7. Failure to endorse ethnic diversity and rights.

8. Failure to endorse the people's right directly to choose members of the Senate, in favour of selection by only seven persons including three representatives of the Courts of Justice and four representatives from independent constitutional organizations;

9. Failure to allow the participation of civil society in the selection process for members of independent constitutional organizations which are mandated to monitor the exercise of power by politicians and government officials, in favour of selection committee by five representatives of the Courts of Justice, and two from political parties. As a result, the Courts of Justice will hold supreme power and will be able to dominate the selection process for members of independent constitutional organizations, engendering fears that the independent constitutional organizations are likely to serve exclusively the powers of the day and the civil service.

NGO-COD is opposed to the referendum process which gives no opportunity for dissenting voices to be heard and simply encourages the people to endorse the draft constitution. This lack of impartiality should be avoided. However, all state mechanisms are now prepared toward convincing people to endorse the draft constitution and penalizing and intimidating those who try to convince to people to reject the draft charter. The government has effectively narrowed the options to simple acceptance or rejection of the draft constitution.

Moreover, attempts by the interim government and the Council of National Security (CNS) to enact an Internal Security Act make clear their intention to maintain their powers. The draft Act is tantamount to a "silent coup" in order to establish a new military state to prop up the newly elected government. The powers authorized to the state by the Act effectively override the people's rights upheld by the draft constitution.

Therefore, the NGO-COD is resolute in its rejection of the draft constitution and wishes to make the following proposals:

1. The draft Referendum Act must be amended and democratized to provide equal opportunities for both supporters of and dissenters to the draft constitution to air their views independently before the referendum takes place.

2. In the referendum ballot, the people should be allowed to mark in a box for "abstention".

3. The government must immediately halt their efforts to enact the draft Internal Security Act to the National Legislative Assembly since many of its provisions gravely undermine the people's rights and liberties and thereby constitute a de facto repeal of the rights upheld by the draft constitution.