Constitution draft due on Jan 29

 

Constitution writers say they will release the draft of the document

 on Jan 29 now that they have sorted out most key elements except

 national reform, reconciliation and provisional clauses.

The Constitution Drafting Committee (CDC) has not yet decided

 whether the three potentially contentious issues should be

 covered in the charter, spokesman Udom Rat-amarit said

 on Saturday.

Provisional clauses are being closely watched as they would

indicate how power will change hands and how broad a mandate

 the current military regime intends to retain during and after

 the transition to an elected government, expected around the

middle of 2017. Mr Udom said that apart from these three issues,

the draft charter was ready and decisions had been reached on

 all key elements.

The text and other details will be reviewed from Jan 11-17, during

 which the CDC plans a series of meetings to hear opinions on

 which elements are being closely watched and which ones

 are opposed.

After the draft is introduced on Jan 29, more opinions will be

 sought, from the National Reform Steering Assembly among

 others, to determine if further revisions should be made.

 Details were not available on other individuals or groups that

 might be consulted.

The biggest test for the charter will come later this year when it

is put to a public referendum, expected no later than August.

Mr Udom said the CDC had not discussed the referendum and

declined to comment further.

The issue of a referendum remains controversial even though

 the 2014 interim charter stipulates one and Prime Minister

Prayut Chan-o-cha has stressed that it will be held.

This is because Section 37 of the interim charter says after

the draft is finished, it will be put to a referendum and must be

 endorsed by "the majority of voters", instead of "the majority of

 voters who cast ballots in the referendum" as written in

previous charters.

Lawyers have pointed out that based on the current wording,

 the draft would never pass . There are 49 million voters in

Thailand and if 70% or 34.3 million of them turn out, the draft

will pass only if a staggering 24.5 million — 72% of those

 casting ballots — vote yes, which is unlikely.

In the 2007 charter referendum, voter turnout was just under 60%,

and 58.3% of those voting approved the draft. Concern about

 the existing definition of "majority" approval was one of the

reasons that the former National Reform Council voted down

the previous draft written by the Borwornsak Uwanno team in

 September 2015.

 Deputy Prime Minister Wissanu Krea-ngam has dismissed

the concern, saying the clause should be interpreted as

 "half of the voters who come to cast the ballot", even though

 the wording gives no room for such an interpretation.

He said it could easily be fixed in an amendment if necessary

but to date that has not happened. The interim charter also

 does not say what will happen if the new draft charter is

voted down in the referendum.

Some speculate that the junta might pick one of the old

constitutions revise it slightly and use it, but this has never

 been confirmed.

News,Politics,Bangkok Post,3 January 2016.

 

In my opinion,the new draft charter should be referendum.

 

I believe the CDC intend to write it for the people and that

 

there  may be conflict of interest for politicians.

 

So it depend on how the CDC and the government communicate

with the people to understand the new charter and accept it.

 

If people reject it ,I believe Gen Prayut and the government  have

a solution for the situation or should stay long in the power…J

 

Sincerely Yours.