CDC under pressure as cabinet argues for big change

CDC under pressure as cabinet argues for big change

Deputy Prime Minister Wissanu Krea-ngam once cited an old Thai saying to describe his role under the military regime: "Once in a boat, you have to obey the boat owner."

He added: "You go where he wants you to, but you don't need to follow his wishes in minute detail."

He repeated this credo once again last Monday when the cabinet sent over 100 proposals to amend the draft charter to the Constitution Drafting Committee (CDC).

A pragmatist, Mr Wissanu's clear signal that extensive amendments are needed to the draft charter has put pressure on the CDC.

Its challenge now is how to compromise but still produce a draft charter good enough to be approved by the National Reform Council (NRC), and passed by a national referendum.

On June 6, the CDC will meet cabinet representatives to discuss the amendment proposals and strike a compromise. Mr Wissanu tried to play down the tension by saying that of the 100 points which need change, half concern mere changes to wording. Still, several proposals involve key points in the draft charter.

For example, the proposal to strike out Sections 181-2 could have a big impact on the drafters' intentions. Section 181 allows the prime minister to ask the House to initiate a no-confidence motion. If a prime minister survives the motion, they need not resign and can dissolve parliament.

Section 182, meanwhile, authorises a premier to sponsor a bill alone. If the House fails to launch a no-confidence motion within 48 hours, that bill is considered valid by default.

Both sections are opposed by the cabinet, NRC, and political parties. It looks likely they will have to go.

The government has also asked the CDC to take out many new organisations from the draft charter to reduce costs. They include the Ethics Council and the Reform Mechanisms Council. The CDC must work hard if it wants to defend them. 

The charter writers believe these organisations are true to the objectives of the temporary charter, to prevent corrupt politicians returning to power, and prevent the country from being trapped in protracted political violence.

The government's demands for extensive change are not unexpected. Prime Minister Prayut Chan-o-cha has said previously he does not want the draft charter to be too long or detailed.

As he sees it, the details should be in the supporting organic laws instead. But if that is the case, the new charter will end up being weak, argues the CDC.   

Interestingly, many proposals from the government are similar to those from the NRC. The government has raised concerns about the open-list system at elections in which voters get to rank candidates.

Critics of the open list also include political parties and election organisers. They say it is too complicated, and risks weakening parties. With such concerted opposition, CDC will find it impossible not to concede.

The government also wants to remove the part that allows political groups to field political candidates. Although many civic groups support this part, it is unlikely they can withstand the demands from the government, the NRC and political parties, which are strangely of one voice in saying it should go.

Despite the pressure, many CDC members still believe the draft charter will not be changed too much. The so-called "five rivers" of power know full well why they are here. Despite having certain differences, they all share Gen Prayut's concerns that the new constitution must not end up returning the country to its problems of old.  

The NRC earlier voiced opposition to the draft charter. But if the CDC agrees to listen to the NRC's proposals, many of which coincide with the cabinet's demands, there is a good chance the draft charter will sail through the NRC.  

The challenge facing the CDC now is how to compromise, or "follow the boat owner's wishes", without losing too many of its principles.


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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