Law expert warns of recurring cycle of coups, charter rewrites

Pravit Rojanaphruk talks to Prinya Thaewanarumitkul, a constitutional law expert and vice rector of Thammasat University, about the coup, the constitution and the future.
What kind of qualities should the interim prime minister possess? He or she must be socially acceptable and have no record of service to any past dictators. The person should not only be independent but able, as well. The Council for Democratic Reform (CDR) should come up with a list of two or three people and float it to the public to see their reactions before deciding on the choice.
How can the constitution and law be sacred when coup leaders simply discard whatever they dislike? My response comes in three parts: First, we must heal the act of tearing apart the 1997 constitution by . . . using the 1997 charter as a basis for the improved version, ensuring continuity. Secondly, a referendum must be held to approve the new constitution, making it harder to tear up in the future. Many European countries practise this. Thirdly, all constitutional loopholes must be fixed. This is like repairing an old house, using anti-termite spray so we can prevent people like Thaksin [Shinawatra] from exploiting [the charter].
Article 65 of the 1997 constitution clearly stated that citizens have the duty to non-violently oppose any unlawful overthrow of the government and the constitution. Do Thais still need article 65 in the future given the current situation? The constitution allowed people to resist, for example by making barricades or blocking roads, without breaking the law. This article protects people [who oppose coups] in case the opposition to the coup became successful. But if the coup succeeds, the constitution [along with article 65] is nullified. We should still have such a law in the future.
Many top lawyers and academics came out to urge anti-coup protesters to respect the orders passed into law by the coup leaders over the past week, while the coup leaders themselves violated the law by overthrowing the Thaksin Shinawatra regime and the constitution. What credibility is left in such contradictory logic? The issue of principle has been a problem for Thai society for a long time with eight coups that ended up nullifying constitutions. I think this should be the last coup otherwise we will always be caught in this dilemma. The Supreme Court always considers orders by [successful] coup-makers as equivalent to a royal act. Surely people reacting to this unlawful force and the logic [in accepting coup orders] is self-contradictory.
You have expressed concern about the local print and broadcast media featuring pictures of parents bringing children to take photos with tanks and armed soldiers. Can you tell us more about this? I think people who admire the coup-makers must remember that coups are undemocratic. The media must exercise caution, otherwise generations of Thais in the next 50 or 60 years will grow up believing that might is right. If this happens democracy will not be realised. This is more important than the talk about the new constitution. Adults are instilling such an ethos in their children. We must say this will be the last coup. Thais are not used to sticking to any principle and they tend to resort to any method to solve problems.
|