Summary of comments and suggestions by Pheuthai members and supporters regarding the Constitution drafted by CDC

1.   Pheuthai members strongly believe in the Constitutional Monarchy government which is of the people, by the people and for the people, but not for an individual or a certain group of people only.
 
2.   People Referendum must be required. Moreover, Thai people should be able to participate in drafting and voting on our country’s constitution, the supreme law which will be used to govern all Thais. Thai people as the owners of Thailand should be the ones who decide on the fundamental principles to live together in this country. If the people do not agree on this drafted constitution, we propose Thailand should use 1997 constitution and be opened any ratification needed to suit current situation.

3.   The new constitution must uphold the democratic principles which truly empower Thai people. The fundamental principles must be just and sustainable. The constitution must allow the executive, legislative and judicial branches, independent organization under constitution, and local government to function effectively and productively under the rule of law and good governance. It must allow check and balance system for all with power. The check and balance systems must stay connected to the people. The constitution must protect people’s basic human rights and freedom. It must contribute justice and tangible path to reconciliation. The constitution must allow a practical reformation and resolve the country’s problem by creating peace. The new constitution must allow the country to develop to stand among other nations. Moreover, the constitution must not pave the way for any undemocratic means.

4.   Pheuthai members believe that the polarization is not a result of democracy and constitution. However, the polarization was caused by certain individuals in many organizations who do not respect democratic rules and principles.

5.   Not only the current constitution has no trust, no respect and no faith in people’s right but also has seized the civil rights from the people.

6.   The new charter is designed to a weak mixed-partied government. The charter will also lead to a weak country management system and will only result in failure and chaos in the future. The future government will not be able to solve its people’s problem and has no credibility to negotiate internationally.

7.   Good constitution must allow a tangible path to national reconciliation to happen and must create opportunities for better living conditions without leading to new conflicts.

8.   Good constitution must have no hidden agenda of promoting certain individuals or groups of people. Nevertheless the current drafted charter is designed to extend and expand the power of certain groups of people by creating new organizations especially for these people to continue their work of undemocratic means after the constitution is established.

9.   Based on democratic principles, the constitution must allow people to choose their representatives to govern the country. However, the change in familiar election system, which has been well understood and shown no problem, will only lead to complications. People’s representatives will not be able to work for the people effectively.

10.   To allow political groups simultaneously as political parties will tend to weaken political parties and democracy.

11.   The constitution should encourage people to volunteer to work for the country not discourage them by writing particular requirements to limit political opponents.  

12.   The appointed senate and their authority in the new draft charter reviews future problem. Appointed senates who are not elected by the people will have more power over people’s representatives, especially the power to impeach the elected Members of Parliament, Ministers and Prime Minister. The appointed senates can also intervene on appointing candidates for Ministers.  

13.   In the new constitution, the Prime Minister does not have to be a Member of Parliament. If PM is not elected by the people, PM does not have to share people’s interests. This is a regress in democracy. The constitution seriously ignores what people have fought for.

14.   The new constitution must define the authority of the constitutional court and independent organizations properly and fairly to prevent their abuses of power as “super organizations”.

15.   Thai people must be able to amend the constitution accordingly to change and globalization. The constitution must not make amendment impossible without using undemocratic means.

Pheuthai members propose that we should state in the new charter that no amnesty is allowed for anyone tearing the constitution as written in the 1974 constitution.

In conclusion, the new drafted charter does not serve our expectations well, rather it is written with political propaganda which can never happen. The drafted charter is a waste of national budget. The new independent organization creates an overlapped and redundant authorities. The government is weakened and will not be able to respond to people’s needs. The path to reconciliation seems vague. Nevertheless, this constitution will lead to more conflicts and chaos. Therefore, we propose that CDC should let the people decides by voting for this constitution via people referendum.   

15 May 2015