Borwornsak defends charter draft

Borwornsak defends charter draft

The head of the constitution writers has defended the new charter, saying it is a first to give citizens unprecedented rights under almost 200 sections.

"Whoever tries to take these rights away from the citizens will have to do so over our dead bodies," Borwornsak Uwanno, chairman of the Constitution Drafting Committee (CDC), declared on Saturday at a forum in Khon Kaen.

The charter is also the first to make a distinction between "subjects" and "citizens". One of its stated goals is to transform ordinary people into "active citizens" who are aware not only of their rights but also their duties to the country.

Mr Borwornsak said citizens' assemblies would be set up to help look after citizens at local levels. A citizens' council will make sure there is no corruption at the provincial levels.

The National Ethics Assembly will also be set up. As well, various rights are given to citizens and there are provisions to help the underprivileged such as a labour bank and a national pension fund, he explained.

"If we do a search in this constitution, we'll find the words 'rights' and 'citizens' get the most hits," he said.

"But these 200 sections are not mentioned by anyone. [Critics] only point to the 15 or 20 sections that involve politics. The Election Commission printed a big ballot and put every name in it in a bid to oppose us. Nowhere in the world is a ballot printed like that."

Mr Borwornsak was referring to a mock election the EC staged last week to demonstrate the open-list method. Modelled on the German system, it has been criticised as too complicated and intimidating for voters to deal with.

"We wrote this constitution for 64.5 million citizens, not for a few thousand politicians. Anyone who wants to take away these citizens' rights will have to do so over our dead bodies.

"Whoever tries to take these rights away from the citizens will have to do so over our dead bodies," says Mr Borwornsak. (Bangkok Post file photo)

"Whether this charter will see the light of the day does not depend on the National Reform Council (NRC). They can't make the decision for 65 million people. It's you who make the final decisions," Mr Borwornsak continued.

"You will be the judge in the next few months so you need to read it carefully. Don't believe what they want you to. Don't trust what's on Line [chat app] which accused me of drafting it for the Democrat Party.

"In fact all of the Democrats are slamming us now. But in the end it's the people's judgement that is final."

But Mr Borwornsak did not explain the bone of contention raised by critics of the charter draft. Foremost among them are why the prime minister should not always come from among elected MPs; why elected senate candidates had to be screened first by non-elected committees before voters can choose them; and why the open-list election method which is seen as undermining the unity and strengths of political parties is used.

The National Council for Peace and Order (NCPO) said this week that it would amend the 2014 interim charter to allow for a national referendum to be held on the new constitution draft should the need arise.

The constitution draft has been completed and is being reviewed by the NRC, the government and the NCPO. Their proposed amendments will be sent back to the CDC, who will consider revising it.

The CDC will send the final draft to the NRC to vote whether to accept it on Sept 9. It will be a yes-no vote with no chance of more changes.

If the NRC does not accept it, the CDC, as well as the NRC from which it originated, will be dissolved and new members appointed to restart the drafting process.

If the NRC accepts the charter draft, the issue of a national referendum will be deliberated.

It is unclear at this stage whether the NRC will endorse the draft, considering heavy criticism about it. 

But the fact that the junta and lawmakers are amending the charter has given rise to speculation that more might be amended than adding an option for a national referendum.

Some NRC members have floated the idea the interim charter should be amended to let the CDC leave if the charter is turned down and allow the existing NRC to stay to find a new drafting team.

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