EDITORIAL: Back to the charter games

The country is set for another round of power games now the opposition and pro-democracy groups have rolled up their sleeves and started campaigning for a rewrite of the 2016 regime-sponsored constitution.

The charter change campaign is a top election agenda item for seven opposition parties, including Pheu Thai and Future Forward, while the Democrats insisted on charter change as a condition for joining the Prayut Chan-o-cha coalition.

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Heading the move on the part of the people’s sector is the Campaign for Popular Democracy (CPD), which played a crucial role in drafting the 1997 Constitution, widely seen as the best charter the country has ever had.

The charter change campaign is regarded by many as an uphill battle, given that the coup-installed charter drafting panel under Meechai Ruchupan wrote it in such a way that amending it was nearly impossible to serve the military in its endeavours to stay on in politics.

Under the charter, either the cabinet, one fifth of the lawmakers in both houses, one fifth of MPs, or 50,000 eligible voters can propose a constitutional amendment motion for deliberation by parliament.

 

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If a constitutional amendment is to be passed, approval must be given by one third of the Senate in the first and third readings along with other bloc votes, prior to going to the final stage of holding a referendum.

While the key to the charter change lies with the Senate, it’s unlikely the upper house would join the political band wagon given the fact that the 250 senators were handpicked by the military and there is a strong chance the Senate will choose to stay loyal to Gen Prayut and maintain the voting pattern it set on Aug 5 with the premier’s appointment.

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Another major reason for the Senate to oppose the change is the fact it is aimed at curbing its power in what is known as a “switching off” bid.

Fully aware of this, the opposition bloc is aiming to gather 50,000 signatures for their campaign to ratchet up pressure for change. It said it would begin conducting public forums next month to “educate people” about the importance of redrafting the charter; the CPD would also kick off the move.

The Pheu Thai Party has gone as far as aiming to form a new charter drafting panel, representing the people at large.

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Initially, Prime Minister Prayut gave a lukewarm reaction to calls for change, saying there is no rush to alter the constitution, while also cautioning the process is “lengthy,” but he as well as Deputy Prime Minister Wissanu Krea-ngam, the government’s legal guru, now appear more open to the move probably because they have to ease escalating political pressures.

Those in power should not resort to dirty tricks in opposing the amendment campaign.

Claims that the 2016 constitution must be upheld because it was approved in a referendum are laughable as it is known that pro-democracy elements that campaigned for “no” votes were suppressed with threats and intimidation.

This time the state should allow the process to continue without interference.

Democracy is about returning power to the people, not giving the regime the false legitimacy to prolong its power as reflected in the 2016 charter.