2006 Interim Constitution of Thailand - Criticism

Criticism

The draft interim charter met with harsh criticism. Key concerns included:

• The overwhelming power of the executive branch, particularly the Cabinet (appointed by a Premier who is in turn appointed by the junta) and the CNS. The CNS would also be allowed to take part in Cabinet meetings.
• The lack of democratic elections for seats in the legislature. Under charter article 5, a 250-member National Legislative Assembly would be directly selected by the junta. This effectively meant that there would be no checks and balances to the junta's legislative and executive powers.
• The lack of controls for the drafting of a permanent constitution. Under charter articles 19 and 21, the CNS would appoint a 2000-member National Assembly which would in 7 days have to select 200 of its members to be candidates for the Constitution Drafting Assembly. Under charter articles 22 and 24, the CNS would select 100 of those candidates for royal appointment to the Assembly; it would also select the Assembly head. The Assembly would then appoint 25 of its members as constitution writers, with the CNS directly appointing 10 writers. This process effectively gave the junta complete control over the permanent constitution.
• The lack of controls to prevent members of the CNS, its panels, or its committees from running in elections. Under charter article 30, only the head of the CNS is banned.
• The use of an old charter if the permanent constitution not completed by a CNS-set deadline. The specific charter to revert to was not specified - the CNS and the Cabinet would choose which of Thailand's 16 previous charters to use. Many critics called for the use of the 1997 Constitution.
• The inability of the public to file written comments on the bills.
• The inclusion of King Bhumibol's theory of a self-sufficient economy in the preamble.
• The granting of legal authority for the junta's post-coup announcements and orders, including bans against demonstrations and political activities (Article 36).
• The granting of amnesty to the junta for executing the coup (Article 37).
• Junta bans against political activities, political gatherings of more than five people, and limits on press freedom remained in place.

Banjerd Singkhaneti, of Thammasat University, noted of the process for drafting a permanent constitution, "I think it will be a mess and the next constitution will be just that." Charoen Khumpeeraparp, of Silpakorn University, criticized the charter for protecting human rights according to commitments made under international treaties, claiming that it would not allow persecution of figures in the deposed government. Charoen claimed that no other countries let international commitments influence their local laws.

However, the draft interim charter did call for one democratic innovation: it required that a permanent constitution would have to be ratified by public referendum. This innovation was suggested in the draft 1974 Constitution, but was rejected by the royally-appointed Constitutional Convention. Nonetheless, the referendum proposal too has been condemned, as if the draft is rejected then under section 32 of the interim charter it is returned to the junta, which will write a constitution of its own in consultation with the Council of Ministers.

The interim charter was also criticized for being drafted without considering the views of the public. Meechai Ruchuphan, chief legal advisor for the junta, had earlier promised to heed opposing legal opinions. Komsan Phokong (Sukhothai Thammathirat Open University), Charoen Kampheeraphap (Silapakorn University), and Sasatra Toon (Rangsit University) had then sought and received the permission from the junta to present an alternative draft charter comprising 72 articles. "Meechai had promised to heed opposing legal opinions but failed to honour his word," Komsan said. Sasatra said Meechai acted like he was trying to perpetuate the power of the junta.

On 28 September, 6 scholars from Chiang Mai University and Midnight University protested the draft interim charter by dressing in black and tearing a mock-up of the draft in a press conference. The 6 included historian Nidhi Eawseewong, Worawit Charoenlert, Somchai Preecha-silpakul, Chatchawan Boonpan, Kriengsak Chetwattanawanich and Somkiat Tangnamo. The website of Midnight University was later shut down in response.

Thitinan Pongsudhirak of Chulalongkorn University noted that the charter was "alarming" and that "The problem for the military is that they are in deep now. They haven't done what they set out to do, which was to get rid of Thaksin, hand over power to a civilian government and step aside. They have not stepped aside."

Suriyasai Katasila, a key member of the anti-Thaksin People's Alliance for Democracy, criticized the charter for not containing restrictions which would bar seats in the National Legislative Assembly from former members and affiliates of Thaksin's Thai Rak Thai party.

Khomsan Phokhong, of Sukhothai Thammathirat Open University, demanded greater public participation in the charter-drafting process as well as restrictions against participation by members and affiliates of the Thai Rak Thai party. Somkhid Lertphaithoon, Deputy Rector of Thammasat University, demanded that the junta directly appoint 100 members to the Constitution Drafting Assembly rather than rely on a 2000-member National Assembly. He also called the interim constitution the best of its kind although he was disappointed it did not include a mission statement.

Somchai Siripreechakul, Dean of Law at Chiang Mai University, urged Prime Minister Surayud Chulanont to call a general election as soon as possible and hand the task of drafting a charter to the elected parliament.

The International Herald Tribune noted that the interim charter "appears to buttress the military's role in Thai politics."

Among human rights groups, the Hong Kong-based regional body the Asian Human Rights Commission has issued a series of statements condemning the interim charter as a work of "constitutional fiction".