Charter talk spooks NCPO

The top two leaders of the military regime this week seemed unwilling to let go of their desire to control Thailand’s future after the general election, tentatively planned for next year. Both Prime Minister Prayut Chan-o-cha and his deputy, Gen Prawit Wongsuwon, have been hostile to the newly registered Future Forward Party’s plans to amend the 2017 constitution and to grant an amnesty to political victims if it is elected.

In fact, the party has a legitimate and legal right to propose such ideas as part of its election campaigns. It will be voters who decide whether they back them.

At its first general assembly on Sunday, Future Forward’s leaders pledged to amend the charter to pave the way for processes to hold a referendum on a new charter and appoint a constitution drafting committee. If they are elected to the lower house, their MPs will call for support from other parties to back this proposal.

And they don’t have to wait until the post-election period. Key figures of two parties, Pheu Thai and Chartthaipattana, expressed their support for the idea.

But the proposal has upset the National Council for Peace and Order’s (NCPO) leaders. Gen Prayut himself delivered an outright threatening message. He warned the party’s leaders to be careful with what they say and do. Gen Prawit said he ordered the Election Commission to probe the party, insisting tearing up the constitution cannot be done. Other opponents include former Democrat Party deputy leader Issara Somchai who insisted the charter is the will of the majority which must not be overturned.

True, the 2017 constitution was passed in the August 2016 referendum. But the referendum was arranged amid a highly repressive environment. While the process of drafting the charter obviously lacked meaningful and thorough public participation, the state did not try its best to ensure people gained a thorough understanding of the draft charter. At the same time, the NCPO then imposed tight restrictions on “Vote No” campaigning, slapping lawsuits against those who opposed the charter and arresting many. It, however, did not apply the same hostile acts toward supporters of the draft charter.

The constitution is not in the best form to cater to modern-day democracy. In addition to its many provisions that weaken future governments and political party systems, its other provisions obviously prolong the NCPO’s power.

For instance, Section 269 enables the NCPO’s appointment of 250 senators, including six military leaders, to serve for the first five years after a first general election.

Section 279 also maintains the legality of all of the orders, announcements and actions of the NCPO. While some NCPO orders may be worthwhile if they become regular law, many are unconstitutional and threaten the liberty of the people. There, Future Forward’s call for the abolition of this Section deserves support in parliament.

The party also wants to grant an amnesty to people who have been arrested, detained and faced lawsuits merely because they either criticised the NCPO or expressed their opinions. This is the right call since these people should not have been made political victims in the first place.

In the lead-up to the election next year, parties must be allowed to come up with these and any other election campaign pledges. If they win the poll, it means their agendas have the backing of the majority and so they should have a legitimate right to go ahead with implementing them.

After the poll, it will be the turn of the NCPO, or any political pressure groups, to take a back seat and let an elected government and MPs run the country. For now, there is no need for the regime to attack Future Forward’s plans because there could be many more proposals from other parties that may not serve the interests of the NCPO, but rather the needs of the people.