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| Thailand's controversial draft constitution explained | |
| (about 2 hours later) | |
| Thailand's National Reform Council has voted on a constitution drafted by the military government. The BBC's Jonathan Head explains the controversy surrounding the charter. | |
| By some counts Thailand has had on average a new constitution every four years since the end of the absolute monarchy in 1932. | By some counts Thailand has had on average a new constitution every four years since the end of the absolute monarchy in 1932. |
| No other country has changed its fundamental legal charter with such frequency. With such an apparently casual disregard for the sanctity of constitutions, it is perhaps surprising that any Thais are taking the latest incarnation seriously. | No other country has changed its fundamental legal charter with such frequency. With such an apparently casual disregard for the sanctity of constitutions, it is perhaps surprising that any Thais are taking the latest incarnation seriously. |
| But they are. "This charter totally disregards the sovereignty of the Thai people," said the Pheu Thai party, whose government was deposed by last year's military coup. "Many provisions are contrary to international democratic principles and the rule of law." | But they are. "This charter totally disregards the sovereignty of the Thai people," said the Pheu Thai party, whose government was deposed by last year's military coup. "Many provisions are contrary to international democratic principles and the rule of law." |
| Pheu Thai's rivals, the Democrat Party, are no more enamoured of the new charter. Party leader and former Prime Minister Abhisit Vejjajiva urged the National Reform Council, tasked with final approval of the charter, to reject it, pending further revision. | Pheu Thai's rivals, the Democrat Party, are no more enamoured of the new charter. Party leader and former Prime Minister Abhisit Vejjajiva urged the National Reform Council, tasked with final approval of the charter, to reject it, pending further revision. |
| What ordinary Thais think about the constitution is harder to gauge. | What ordinary Thais think about the constitution is harder to gauge. |
| For one thing, the military government will not allow it to be debated. Parties can hold press conferences, but not campaign for or against the charter. | For one thing, the military government will not allow it to be debated. Parties can hold press conferences, but not campaign for or against the charter. |
| Every household is supposed to receive a copy of the 130-page document, but they may struggle to make sense of some of the legal terminology. | Every household is supposed to receive a copy of the 130-page document, but they may struggle to make sense of some of the legal terminology. |
| However, given the politicisation of Thai society in recent years, people are likely to line up for and against it according to their political allegiances, with supporters of the ousted government most likely to reject it. | However, given the politicisation of Thai society in recent years, people are likely to line up for and against it according to their political allegiances, with supporters of the ousted government most likely to reject it. |
| That raises the possibility of the constitution being voted down in the referendum due to be held in January 2016. | That raises the possibility of the constitution being voted down in the referendum due to be held in January 2016. |
| But opponents of the constitution will have to consider that rejection means the drafting process will start all over again with a new committee, extending military rule for at least another year. | But opponents of the constitution will have to consider that rejection means the drafting process will start all over again with a new committee, extending military rule for at least another year. |
| Key features | Key features |
| So what are the most important changes in this 20th constitution? | So what are the most important changes in this 20th constitution? |
| The most controversial of the 285 articles is the creation of what they euphemistically call the National Strategic Reform and Reconciliation Committee (NSRRC). | The most controversial of the 285 articles is the creation of what they euphemistically call the National Strategic Reform and Reconciliation Committee (NSRRC). |
| Ostensibly this 23-member committee, which includes the commanders of all the military services and the police, is supposed to guide the still vaguely defined reform process, which has been the leitmotif of the military government, through a transitional phase after the return of electoral democracy. | Ostensibly this 23-member committee, which includes the commanders of all the military services and the police, is supposed to guide the still vaguely defined reform process, which has been the leitmotif of the military government, through a transitional phase after the return of electoral democracy. |
| But the committee will also have the authority to take over executive and legislative power in times of crisis - in effect a legal coup. One opponent has likened it to an all-powerful politburo. | But the committee will also have the authority to take over executive and legislative power in times of crisis - in effect a legal coup. One opponent has likened it to an all-powerful politburo. |
| This authority lasts for five years, but could be extended by approval through a referendum. Almost all of Thailand's existing political parties have condemned this. | This authority lasts for five years, but could be extended by approval through a referendum. Almost all of Thailand's existing political parties have condemned this. |
| The chairman of the drafting committee Borwornsak Uwanno defended it as a "special tool" essential to ensure a smooth transition. It is a way to prevent future coups, he said. | The chairman of the drafting committee Borwornsak Uwanno defended it as a "special tool" essential to ensure a smooth transition. It is a way to prevent future coups, he said. |
| The new charter also significantly weakens political parties - no surprise then that all the parties are strong critics. | The new charter also significantly weakens political parties - no surprise then that all the parties are strong critics. |
| A new electoral system, loosely modelled on Germany's, using a mixed member proportional allocation of seats, will be used to elect the 450 to 470 seat lower house of parliament. Under this system people cast votes for a constituency candidate and for a party. | A new electoral system, loosely modelled on Germany's, using a mixed member proportional allocation of seats, will be used to elect the 450 to 470 seat lower house of parliament. Under this system people cast votes for a constituency candidate and for a party. |
| Three hundred of the seats will be chosen on a first-past-the-post basis. The remainder will be chosen from party lists - but the total number of seats a party can win is capped to a percentage equal to its share of the overall share of the vote. | Three hundred of the seats will be chosen on a first-past-the-post basis. The remainder will be chosen from party lists - but the total number of seats a party can win is capped to a percentage equal to its share of the overall share of the vote. |
| This may make it harder for one party to win an overall majority, and force the formation of multi-party coalitions. | This may make it harder for one party to win an overall majority, and force the formation of multi-party coalitions. |
| The charter also allows a non-MP to become prime minister, giving scope for bargaining coalition partners to choose a non-politician, perhaps even a military officer, as their compromise candidate. | The charter also allows a non-MP to become prime minister, giving scope for bargaining coalition partners to choose a non-politician, perhaps even a military officer, as their compromise candidate. |
| Some believe this may allow Prayuth Chan-ocha, the current military-backed prime minister, to extend his term. | Some believe this may allow Prayuth Chan-ocha, the current military-backed prime minister, to extend his term. |
| Punishments for politicians have been toughened too. Those who have been impeached, or found guilty of electoral fraud, will be banned from political office for life, not just five years as at present. A simple majority of votes in parliament will be enough to impeach someone. | Punishments for politicians have been toughened too. Those who have been impeached, or found guilty of electoral fraud, will be banned from political office for life, not just five years as at present. A simple majority of votes in parliament will be enough to impeach someone. |
| The upper house, or Senate, will now be largely appointed; of the 200 senators - up from 150 - 123 are appointed, 77 elected, and those 77 must be chosen from a pre-assigned list. The Senate will have greater powers to block legislation and scrutinise the cabinet. | The upper house, or Senate, will now be largely appointed; of the 200 senators - up from 150 - 123 are appointed, 77 elected, and those 77 must be chosen from a pre-assigned list. The Senate will have greater powers to block legislation and scrutinise the cabinet. |
| Mistrust | Mistrust |
| Indeed, if there is an underlying sentiment behind this constitution, it is a deep mistrust of politicians, and of parliamentary democracy. | Indeed, if there is an underlying sentiment behind this constitution, it is a deep mistrust of politicians, and of parliamentary democracy. |
| "Politicians have been notoriously untrustworthy, non-transparent, and seem lacking in morality, ethics and honesty," says Bowornsak Uwanno. | "Politicians have been notoriously untrustworthy, non-transparent, and seem lacking in morality, ethics and honesty," says Bowornsak Uwanno. |
| It is "a quest for a system in which benevolent and morally upstanding elites are able to exercise very substantive control and jurisdiction over what's going on in the society", renowned Thai scholar Duncan McCargo recently told the US Brookings Institute. | It is "a quest for a system in which benevolent and morally upstanding elites are able to exercise very substantive control and jurisdiction over what's going on in the society", renowned Thai scholar Duncan McCargo recently told the US Brookings Institute. |
| "As though it was always clear who the good guys were and the bad guys were, and as though people who were not elected politicians, people who were bureaucrats, people who were military officials, people who were close to the monarchy, people who were judges, would in some way be inherently morally superior to anybody who had been elected." | "As though it was always clear who the good guys were and the bad guys were, and as though people who were not elected politicians, people who were bureaucrats, people who were military officials, people who were close to the monarchy, people who were judges, would in some way be inherently morally superior to anybody who had been elected." |
| In some ways the new constitution harks back to a past many conservative royalists and military officers believe was a golden age of stability and growth: the decade of the 1980s when former army commander and favourite of King Bhumibol, Prem Tinsulanonda, was a powerful, unelected prime minister. | In some ways the new constitution harks back to a past many conservative royalists and military officers believe was a golden age of stability and growth: the decade of the 1980s when former army commander and favourite of King Bhumibol, Prem Tinsulanonda, was a powerful, unelected prime minister. |
| As if to echo that idea, Mr Prem, who is 93 years old but still an influential member of the King's Privy Council, urged Thais not to show any respect to corrupt or wasteful politicians. | As if to echo that idea, Mr Prem, who is 93 years old but still an influential member of the King's Privy Council, urged Thais not to show any respect to corrupt or wasteful politicians. |
| For those who believe in the primacy of an elected parliament and strong political parties, this constitution will be seen a huge step backwards. | For those who believe in the primacy of an elected parliament and strong political parties, this constitution will be seen a huge step backwards. |
| But for those Thais who dislike what they see as the venality and moral flexibility of elected politicians, and who fear the dominance of a successful prime minister like Thaksin Shinawatra, whose parties have won every election for the past 15 years, the constitution will be seen as a necessary correction to the excesses of democracy. | But for those Thais who dislike what they see as the venality and moral flexibility of elected politicians, and who fear the dominance of a successful prime minister like Thaksin Shinawatra, whose parties have won every election for the past 15 years, the constitution will be seen as a necessary correction to the excesses of democracy. |
| In fact, despite the military's assertion that its coup was a neutral intervention in an intractable conflict between two political factions, with this constitution it has reshaped Thailand's political machinery almost exactly as the "yellow shirt" protesters who helped bring down the last government wanted. | In fact, despite the military's assertion that its coup was a neutral intervention in an intractable conflict between two political factions, with this constitution it has reshaped Thailand's political machinery almost exactly as the "yellow shirt" protesters who helped bring down the last government wanted. |
| No wonder Suthep Thaugsuban, the leader of that protest movement, is one of the few who is happy with the new charter. | No wonder Suthep Thaugsuban, the leader of that protest movement, is one of the few who is happy with the new charter. |