(Unofficial Translation)
Pheu Thai Party Statement

Pheu Thai Party’s Standpoint on the Draft Constitution as of 15th August 2015

The draft constitution does not recognize sovereignty of the Thai people. The charter is designed to maintain the power of the junta and its allies and affiliated agencies. This charade could lead Thailand to become a “failed state” where people will lack basic rights and opportunities. Future governments will be weak, democracy will be further set back and the economy will continue to suffer as aresult.   

Monitoring the drafting of the constitution, Pheu Thai Party has repeatedly insisted that a proper constitution must uphold the principle that “sovereignty belongs to the people.” The constitution therefore must have trust in and respect for the people. Pheu Thai Party has also expressed opposition to the draft charter which the Constitution Drafting Committee proposed, because many provisions were not in line with the democratic principles.

The current draft constitution, if passed, will be subject to a process of referendum. In Pheu Thai’s viewpoint, the draft charter, despite being revised on the basis of various comments from various parties, nevertheless contradicts core democratic principles. The Thai People’s wish for a good constitution and a democratic state with due process and rule of law will not be fulfilled with this constitution in its current form. Moreover, fair checks and balances and a path to reformation and reconciliation will not be possible under this charter for following reasons;

1) The draft constitution is designed to maintain the power of the junta and its allies and affiliated agencies. This is a sham democracy in which people’s voices are meaningless.

1.1 The draft charter allows the Prime Minister to be an unelected person from outside the framework of the House of Representatives. Even though the drafting committee claims that the Prime Minister will only be chosen from outside the House “if necessary”, the new constitution, which is designed to create a weak multi-party government, will inevitably lead the country to that state. Other provisions of the constitution will also lead to the promotion of an unelected head of government and maintenance of the junta’s power. This is in direct contradiction to the evolution of Thai politics over the course of the past 20 years in which the majority of the Thai people have come to expect and in fact demand an elected Prime Minister from the ranks of the House of Representatives.   

1.2 The new draft charter provides for 200 senators; 77 elected senators or one elected senator per one province and as many as 123 unelected senators. The number of unelected senators are twice as many as the elected ones. The unelected senators will also wield the power to appoint and impeach elected politicians. Therefore, the draft constitution creates a system that is a proxy for the junta, setting a structure in which the junta can prolong its power. Moreover, the appointment process for these unelected senators contradicts the will of the people, as many of these selected in the past have openly expressed disdain for democracy. One need look no further than the appointment of notoriously anti-democracy personalities to the National Human Rights Commission and of a senator who failed to meet the basic qualifications of office to understand fundamental flaws of this approach.

According to the official announcement of the CDC on August 11,  2015, in the beginning, the unelected senators will be selected by current cabinet, the junta themselves. Their term in office will be as long as three years. This clearly shows that unelected senators are key persons who will represent the junta’s interests. In addition, the unelected senators will have the power to appoint a separate independent body called “the Strategic Reformation and Reconciliation Committee” which will have substantial power over the future government including the ability to seize power at will. This demonstrates that the CDC does not respect the legitimate rights of the people.

1.3 In creating this “Strategic Reformation and Reconciliation Committee” and allowing it to seize legislative and executive power from the elected government, the CDC shows it is not concerned with the people’s interest and that it does not respect the people’s rights. This proposed committee will act as a “super board” that is able to undermine the true will of the people as expressed through an election and in so doing destroying the key principle of democracy.   

1.4 The Constitutional Court and other independent bodies are also explicitly being designed to control the future executive and legislative branches. These mechanisms also weaken any future government and parliament to act in accordance with the people’s interests. This unelected but all powerful “super body” will inevitably force political parties to support the selection of an unelected head of government who is not a member of the House.  

2) The draft constitution leaves open the possibility that anyone previously impeached or sanctioned with a suspension of political rights might be permanently banned from running for or holding any political office. Such retroactive application of a lifetime ban without any trial or ability to defend oneself in court, would be a fundamental violation of the civil rights of politicians
Even though the CDC announced that they did not mean to cover the people previously sanctioned with a suspension of voting rights, the Constitutional Court has already set an example in extending the interpretation of the constitution. Revoking politicians’ civil rights is violating their legitimate right to participate in politics which is unfair elimination of competition.   

In conclusion, Pheu Thai Party opposes the draft charter, as it does not respect the legitimate rights of the Thai people. The charter will only lead to a weak multi-party government and could bring Thailand to the brink of becoming a “failed state” with even deeper political polarization. The charter has been explicitly designed to enable the junta to maintain power into the indefinite future, thereby paralyzing both our democratic and economic development. The international community will lose faith in Thailand and we will be condemned to fall behind the rest of the region and indeed the world.

Pheu Thai Party
August 2015