Crisis panel key to securing regime power

Crisis panel key to securing regime power

The Democracy Monument seen from the pavement through the ropes. According to the political roadmap, the new election will be held between March and June 2017. Thiti
Wannamontha
The Democracy Monument seen from the pavement through the ropes. According to the political roadmap, the new election will be held between March and June 2017. Thiti Wannamontha

Although Prime Minister Gen Prayut Chan-o-cha strongly denied he had any role in the voting down of the draft charter on Sunday, one thing is clear. The defunct National Reform Council (NRC) rejection of the draft charter has certainly brought him much relief.

When the NRC dumped the draft charter by 135 votes to 105 with seven abstentions, Gen Prayut was presiding over an anti-corruption conference at a Bangkok Hotel. Many observed a look of relief from the prime minister when he learned of the results.

The 135 NRC members who overturned the draft charter mainly come from the military, the police force and the bureaucracy.  

The prime minister's relief is not surprising. Many veteran politicians had earlier expressed concerns the controversial draft charter might cause political unrest if it was put up for a referendum.

The main controversy is the National Strategic Reform and Reconciliation Committee or the so-called crisis panel which has the authority to override the government and the parliament when a crisis strikes.

The 23-strong panel would comprise 15 former prime ministers and ex-leaders of the armed forces plus eight more members who include the incumbent prime minister and military top brass.

The crisis panel clause was added to the draft charter at the last minute. Viewed as a politburo to prolong the junta's power, it stirred fierce opposition from different sectors, especially politicians, so much so it was feared violent political division might erupt again during the referendum.

Such overwhelming criticism probably made the military regime realise that political violence could strike any time and its current power might not be sufficient to ensure a safe transition to an elected government.

Meanwhile, political parties were prepared to oppose the draft charter in full force. They realised the crisis panel would only make elected politicians meaningless in future political landscapes as ultimate power would remain in the coup-makers' hands.

The National Council for Peace and Order was bombarded with criticism after the demise of the draft charter. Gen Prayut shrugged off the criticisms, especially when they came from anti-coup camps. He said politicians' remarks over the charter had triggered a fear of political violence among many NRC members, leading them to vote against the draft charter.

He has also shown no feelings for the Charter Drafting Committee (CDC). Obviously, CDC chairman Borwornsak Uwanno is upset with the NRC vote to reject his work.

Gen Prayut insisted he had nothing to gain from the decision to overturn the draft charter. But it is undeniable his government now has more time on its hands to finish the job.

"I don't want to prolong my power," he insisted. "That I can be where I am now is because people have confidence in me and pin their hopes on me."

According to the new 6-4-6-4 political roadmap, revealed by Deputy Prime Minister Wissanu Krea-ngam earlier this week, the new charter draft should be completed within six months. It takes another four months to inform the public about the draft ahead of a referendum. Then it will take six more months to create the necessary organic laws, followed by four months to prepare for a general election.

The new draft will ensure constitutional mechanisms to effect reform, reconciliation, and an administration that can contain political conflicts, the prime minister said.

The NRC's proposal on the National Reform Steering Assembly will also start functioning with the prime minister having sole power to select its 200 members to replace the now-dissolved NRC.

Gen Prayut has not yet appointed anyone. But he seems to have confidence in the reform steering assembly and -- given the power he enjoys under Section 44  of the interim charter -- that the reform measures will be effective.

Political pundits believe the prime minister is not looking for legal gurus to draft the new charter this time around.

Instead, he is looking for those who understand Thai politics and, more importantly, the necessity of the NCPO to have a special mechanism to maintain authority once an elected government is in power.

It is most likely this special mechanism will no longer be called the National Strategic Reform and Reconciliation Committee or crisis panel, to avoid resistance.

But it is clear its objective will remain the same -- to make NCPO power more secure. The regime believes it can only bring about reform, reconciliation, and efficient governance when it has a firm grip of power.

It is possible the new draft charter will contain the positive elements in the Borwornsak draft to avoid public criticism that the regime has allowed the charter drafting committee's 11-month effort to draft the charter go to waste.

These elements include provisions to protect freedoms, human rights and the environment. The previous draft also demands independent environmental impact assessment, and grants citizens the right to reclaim public properties from wrongful owners.

It also stipulates that one-third of all parliamentary committees must come from the peoples' sector. Women will also have more opportunities to participate in national politics as one-third of the candidates in a primary vote must be women. 

But the previous draft also has a major weakness -- in the crisis panel's special powers. However controversial, it will be certainly retained in the new draft, albeit under a new name.

It is also certain the new draft, like the previous one, will be made difficult to amend. The memory of the Pheu Thai Party and its MPs' push to amend the constitution to serve the party interest is still too fresh in the junta's mind. 

After the 2006 coup, Thai politics became divisive and violent under elected governments, which finally led to Gen Prayut's decision to intervene with the May 22 coup last year. It is certain Gen Prayut will do everything in his power to ensure that history will not repeat itself once he decides to step down.


Nattaya Chetchotiros is Assistant News Editor, Bangkok Post.

Nattaya Chetchotiros

Assistant News Editor

Nattaya Chetchotiros is Assistant News Editor, Bangkok Post.

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