Less than a week after the unveiling of the revised draft charter, written by the Constitution Drafting Committee (CDC) under Meechai Ruchupan, it has drawn a chorus of criticism. There are explicit and justified reasons for several groups of people not to agree with the new version.
The draft, known as "20/2" for it being the second draft of the nation's 20th supreme law since the abolition of absolute monarchy over eight decades ago, merits some praise given that it is designed as a key tool to curb corruption. But that comes at a high political cost. In order to control cunning and corrupt politicians, preventing them from abusing state money, the Meechai draft seeks to compromise the checks-and-balances mechanism.
We are to see the return of better-equipped bureaucrats, in particular court judges, in charting the nation's future while the National Council for Peace and Order (NCPO), with Section 257, will hold on to its power longer, overstaying the original roadmap schedule.
This has prompted some to dub the Meechai version, which some say hints at a mistrust in the people's power, as the "Gollum" draft, likening it to a character in the Lord of the Rings who couldn't let go of a ring of power.
Let's take a close look at some contentious sections.
Section 257 states the military regime will continue its role until a newly elected government takes office while Section 261 enables Constitutional Court judges and members of independent organisations as well as the auditor-general to maintain their tenure until organic laws are put in place. The process may take another year or more, given the timeline cited by CDC chairman Meechai that the election may take place in early 2018.
The CDC, according to Section 259, is to continue its mission until all relevant organic laws including the electoral legislature concerning the elections of MPs and senators; on the Election Commission (EC); on political parties; and on the Constitutional Court, are promulgated.
Another main flaw in the draft charter is the attempt of those technocrats to weaken decentralisation through the empowerment of local administrative organisations, a key matter in previous charters. The people's sector is upset with the fact the draft does not recognise community rights in making decisions on natural resource management and their livelihoods. Instead, locals can only participate in projects initiated by the state.
Besides the draft charter being crafted with the aim of enabling the country to cope better with corruption, it seems the current administration has had a free hand in using the state budget, up to 6 trillion baht in the past two years, as independent agencies have hardly even questioned the spending spree.
With the provision that requires political parties to submit the names of prospective prime ministers, there is a chance that Thai politics will have to accommodate a non-elected premier, instead of one chosen by the people.
With regard to the roles and duties of the National Human Rights Commission, the 20/2 version indicates the drafters do not understand the role of the NHRC as an independent organisation which has to examine rights situations by all violators including state agencies. Under the draft, the NHRC is to lose its power to file lawsuits on behalf of damaged parties or individuals. Its role is reduced to that of a PR agency and does not comply with international norms and obligations as enshrined in previous constitutions.
As mentioned earlier, the draft allows the regime, with the draconian Section 44 under the interim charter, to control us. We cannot help but feel suffocated.
What is not acceptable, however, is the anger of the NCPO and the Prayut government toward people who criticise the draft who only have good intentions in mind.
No less irritating is the requirement by the current Election Commission, which failed in its role to organise the election two years ago, for people who want to voice their opinions about the Meechai draft to register for permission. Under this instruction, people can only give their opinions until Feb 15 without being guaranteed that their concerns will be heeded.
We need some fresh air.
Achara Ashayagachat is a senior news reporter, Bangkok Post.