Vicha Mahakun, deputy president of the Constitution Drafting Committee and member of the National Counter Corruption Commission, brushed aside doubts about the legitimacy of the 2007 charter. ''Prime Minister Samak Sundaravej's charge that the charter is written to get rid of his [People Power] party is not true,'' he said.
Modern political science gives emphasis to participatory democracy in addition to representative democracy.
''His Majesty the King states in the charter that he has endorsed the constitution in accordance with the outcome of the public referendum. So the 2007 charter is the first under participatory democracy.
''The People Power party's attempt to change the constitution is meeting with strong opposition because it runs against the public's wishes.''
 |
| Vicha: The people approved the charter |
Mr Vicha said it is not difficult to seek a revision of the constitution, which stipulates 50,000 people can sign and file a petition for constitutional amendment.
''But does the PPP ask the public or academics? Even though voters were required to vote 'yes' or 'no' in the referendum, each of the articles was widely debated during public hearings.
''Public hearings were organised in each of the regions on the flaws in the 1997 constitution.
Independent public agencies were also asked to provide input.
''We did not force them or coerce them to accept what we drafted. We talked to them and asked for their reasons, why they disagreed with our proposals.
''We disagree with Mr Sutin's remark that this charter originates from the coup. In fact, this very charter was passed in a referendum.''
Mr Vicha warned that the PPP's rush to amend the constitution threatens to divide society and may throw the country back into the political situation which existed before the Sept 19, 2006, coup.
''That is, it is driving people to street protests. [The PPP] seeks to amend the constitution because it faces a party dissolution hearing.
''Before the Sept 19 coup, the People's Alliance For Democracy and anti-Thaksin groups organised rallies. Now people are starting to ask if there will be another coup.''
He said the government's stability is not threatened by a party dissolution trial. The PPP was elected to run the country under this constitution.
''Right after assuming power, the PPP has decided to go ahead with a revision of the constitution. This has affected the government's operations.
''It goes to show the government is not so sure how to go about running the country. The PPP has created the condition that it cannot function if the charter is not revised.''
In fact, he said, no one is opposed to the government's plan to use the 1997 charter as a model.
''But when it concedes that it will amend Article 237 and Article 309, critics doubt their intentions and consider that the amendment is a plan to avoid the disbanding of the party.
''Mr Samak's tongue-in-cheek admission that the changes are to escape the dissolution has dissolved the hopes of MPs who intend to resurrect the good articles in the abrogated 1997 charter.''
The attempt to use most of the 1997 charter, which is said to contain some flaws, especially interference in public independent agencies, has raised questions, he stressed.
''There is also criticism that the current independent agencies have been appointed by the coup-makers and are rendered evil. I would like to say these independent agencies are ratified in the provisionary clauses in the charter and the charter was passed by referendum.
''Like the public agencies, the current parliament and government have originated from the same cradle.
''I do not argue that the PPP has a public commitment to revise the constitution. But as a representative, does it have the legitimacy to change what has undergone a direct democratic process like a referendum?
''Can the PPP show proof that those who voted for the constitution simply wanted elections so that their MPs would amend the charter later?'' he said.
As a charter writer, he has come to realise that democracy is not restricted only to representative democracy.
''There is also participatory democracy.'' he said.
Prev
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Next
