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Constructive Thoughts for the Day

 

The drafting process of the new Constitution

 

8 December 2006

Dear friends,  

            Thailand will soon have a new Constitution. Here’s the process: the National Assembly’s 2,000 members, who are from various professions, will elect 200 representatives from among themselves. And from these 200 representatives, the National Security Council will select a hundred of them to be members of the Constitutional Drafting Council.

            But the process of preparing to draft the new Constitution will be accomplished by the Constitutional Preparation Commission. This Commission is composed of 35 appointed experts: 25 elected from within the Constitutional Drafting Council and the other 10 nominated by the National Security Council.

            It can be said that the structure and Acts of the new Constitution will depend on how these 35 commissioners shape them during the next 6 to 8 months.

            However, I see that Thai society should not allow this job to rest solely in the hands of these 35 commissioners alone. But we should pay close attention and give importance to this process. After all, the rules and regulations encoded in this Constitution are very important and will determine the future shape of Thai society. The new Constitution will determine the rights and freedoms of the people, the structure of Thai politics, the provision of powers for different organizations, the creation of mechanisms to monitor government authority, and different facets of economic and social justice.

            Therefore, every part of Thai society should participate in drafting our new Constitution. I would like to offer a few suggestions for this process, as follows:

            First, the 1,900 members of the National Assembly not elected to the Constitutional Drafting Council should not simply be dismissed and sent home. Instead, they should take part in inviting Thai society into the drafting process.

            In other words, they should be incorporated into a specific organization that creates campaigns which disperse knowledge and information to the people in each province. This will dramatically boost the people’s understanding of the laws in the Constitution. At the same time, public hearings should be held at each stage of the preparation process to elicit the opinions and needs of people in each province. This feedback would, in turn, be passed to the Constitutional Drafting Council and the Constitutional Preparation Commission, enabling the substance of the new Constitution to reflect the will of Thai citizens from every part of the country.

            Second, newspapers, radios, television and even websites – all public media – should provide space to showcase information on this campaign. This will help people from all parts of our nation to become alert to the fact (understand) that the Constitution is not a far-away, fairy tale issue or something useless, but of vital importance to their immediate life.

            Moreover, space in all mass media should welcome the opinions and suggestions of people from every province and deliver the ideas they have garnered to the Constitutional Preparation Commission. This would create a new Constitution that would truly belong to the people.

            Third, the academic sector, educational institutes, private development organizations, and people well known in society should concurrently create a shadow constitution. This shadow constitution would be based on published academic research and studies in progress. These parties would evaluate weaknesses and strengths in the 1997 Constitution. They would collect data from former MPs, former Senators, academics, and NGO organizations about how the previous Constitution functioned over the past 9 years. They could collect a wish list of Constitutional features that people from all parts of Thailand would like to see enacted. And such organizations would submit their shadow constitution to the Constitutional Preparation Commission for its consideration during the drafting process.

            Fourth, before a referendum to approve or reject the drafted Constitution, public hearings would examine the drafted Constitution Article by Article and in full detail. These hearings would give people a forum to raise questions and discuss their concerns about the new Constitution. This will engage a full spectrum of Thai society in this process. All people will receive information and can participate in asking questions and expressing opinions about the new Constitution before the referendum itself.

            During the next 6 to 8 months, Thailand will be engaged in the process of drafting a new Constitution that will determine (shape) our future. Therefore, Thai society should not ignore this process but actively participate in expressing their opinions, criticisms, and suggestions. We want this new Constitution to really come from the people. Or at least, we should help to make this process as people-oriented as possible.
 

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