Draft charter halts 'dictatorship of majority'

Draft charter halts 'dictatorship of majority'

The draft charter is designed to give the public more power which is vital to stopping a dictatorship of the majority in parliament, Constitution Drafting Committee (CDC) chairman Borwornsak Uwanno said yesterday.

Borwornsak Uwanno, chairman of the Constitution Drafting Committee (CDC), addresses the National Reform Council (NRC) which started its seven-day debate on the draft charter yesterday. Apichart Jinakul

Addressing the CDC's first day of its seven-day debate of the draft charter before the National Reform Council (NRC), Mr Borwornsak said the draft seeks to introduce measures and mechanisms to enable the people to have a greater voice and role in politics.

Under the draft charter, the state is required to educate the people so they know their rights and roles and the people are encouraged to participate in administration at all levels through a citizens' assembly, national ethics assembly and civic scrutiny council.

The public can propose legislation to the House of Representatives if they can secure the support of at least 10,000 people. Under the proposed mixed member proportional representation (MMP) system, an "open list" will be introduced that allows voters to pick anyone from the line-up of candidates in the party-list system which a party proposes.

The proposed system has been attacked by some critics for turning candidates of the same party against each other to compete for votes. 

"Our past election systems were from foreign countries and what happened here was a dictatorship in parliament, because of the deep-rooted patronage system. And there is a thinking that if you have a majority in the House you can do anything.

"So that's why the MMP has been adopted, to make sure a political party doesn't get more seats than it deserves. In the past a political party with 44% of the popularity eventually walked away with 53% of the House seats.

"And the CDC also has to bring about a balance of strengthening the people's powers," he said.

Admitting that MMP could result in coalition governments with several small- and medium-sized parties and unstable politics, he said a number of measures will be in place to make sure a coalition government has enough political stability to do its job.

According to Mr Borwornsak, the draft constitution prohibits the merger of political parties, requires MPs to resign if they are to serve in cabinet and allows the prime minister to file a motion in parliament to weigh the support of coalition party members for the government in the event of a House dissolution. 

"These measures are unique to Thailand. German politicians don't behave the way Thai politicians do," he said.

Mr Borwornsak said the CDC has examined past problems and tried to build a foundation for the future through reforms and the reconciliation process.

He said solving the problems of economic disparity through reforms will help reduce and prevent abuse of populism while true democracy will be achieved through empowering the people.

He said this draft is not final and is subject to review and further changes. The 315-section draft charter is expected to be unveiled to the public after Sunday when the cabinet receives the draft.

According to the CDC chairman, the charter drafters throughout the constitution-writing process never received instructions, guidelines or a blueprint of any kind from anyone. Members of the press are allowed to observe the CDC meetings.

He also said the CDC, in drafting the constitution, has adhered to the principles of the sufficiency economy and accountability. 

Following Mr Borwornsak's speech, CDC members took it in turns to explain key elements of the draft. The CDC took a little over two hours to explain the draft charter and then the NRC members took the floor.

The first day covered the general chapter, the institution of monarchy and the people. Most NRC members voiced support for these areas.

NRC member Alongkorn Ponlaboot, who is also secretary of the NRC whip, was the first to take the floor.

He expressed confidence that the CDC did not receive instructions or directives from the government or the National Council for Peace and Order in the drafting of the new charter.

He also praised the draft, saying strong points are its emphasis on people's power as the foundation of democracy and working towards reconciliation. 

"Laying such foundations, it is not easy to make politicians and political parties understand," said Mr Alongkorn, a former Democrat MP. However, he called on the CDC to push for a referendum on the draft charter.

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