LET IT BE
SURANAND VEJJAJIVA
Thailand's 2007 Constitution is being put to the test.
As with any new political document, especially one that sets the boundaries of power in governing a nation, the various branches will test how much power it actually wields, and what are the limitations.
Although it is a little confusing and a little messy, it is democracy in action and it is good for the advancement of modern Thai democracy coming after the 2006 coup.
Most important is that - at least for now - the rules of engagement are parliamentary rules. And the issue is the controlling of the executive power.
Ironically, it began in the streets. Political rallies organised by the People's Alliance for Democracy (PAD) heavily attacked the government for economic mismanagement and conflicts of interest. Thousands marched and camped out in central Bangkok, demanding the resignation of PM Samak Sundaravej and the prosecution of ousted premier Thaksin Shinawatra.
It is a dissatisfaction that has dragged on from before the Sept 19, 2006 coup and the Dec 23, 2007 general election. The PAD's distrust of ex-PM Thaksin remains high, with the perception that the new government is nothing but Mr Thaksin's "puppet" government.
In Parliament, as the 2007 Constitution clearly sets out the rules of parliamentary oversight, the two houses are moving into action, sensing the discontent.
Apart from the weekly Q&A, the standard drill for Members of Parliament to check up on the government, there are two other channels in controlling government actions.
The Senate has taken one route by submitting a motion for a debate on the government's performance, using Article 161 of the Constitution. It is non-binding and the government does not have to face a vote of confidence. But the debate could be intense. It is now being argued whether the concerned cabinet ministers have to be "present" at the deliberations. The government may "duck" this one.
The other route is the motion of censure under Articles 158 and 159 through the House of Representatives.
The opposition Democrats took the long way before reaching that decision. They actually began by calling for the joint house to debate under Article 179. But that is clearly an executive power, initiated by the government if it feels the need to consult the National Assembly.
Thus, PM Samak quickly denied the option last Sunday, prompting the opposition to declare that the government, as usual, has refused their good intentions, forcing them to submit the censure motion against the prime minister and seven other ministers.
However, timing is also a factor. This special parliamentary session was opened specifically to deliberate the annual budget and will be closed by the end of the month. The government whip has signalled that there might not be enough time for the censure.
The game will continue, with legal technicalities being contended for many more weeks to come. The problem is, will that be enough to satisfy those protesting in the streets?
Watching ASTV, the official airwaves of the PAD, you would think it is still early 2006, long before the September coup. The same speakers, the same rhetoric, even the same "square face" cartoon of ex-PM Thaksin appears on stage. Deja vu, one might say.
Last time around it ended up with then-PM Thaksin shutting out the debate requested by the opposition and dissolving the House of Representatives, setting off a chain of events which included the opposition's election boycott in April and the coup in September.
Both the government and the opposition must be made to realise that we have travelled full circle. Parliamentary games must stop. The government should allow for the opposition and the Senate debates, and the government should participate in answering the questions, as that would let off the steam of discontent.
At the same time, the Democrats must present their case without the customary political rhetoric they are famous for. The opposition is equally responsible for keeping faith in parliamentary democracy.
Or else the rules of engagement will again become street rules. The PAD is set to surround Government House this weekend. But this time it could be deja vu with a different ending - as street rule could lead to anarchy and bloodshed.
Suranand Vejjajiva served in the Thaksin Shinawatra cabinet and is now a political analyst.
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