EXCLUSIVE INTERVIEW
The voice of the people must be heard

Constitution drafter Angkhana Neelaphaijit denies her selection was linked to case of her missing lawyer husband
Human-rights campaigner and newly selected constitution drafter Angkhana Neelaphaijit talks to The Nation's Pravit Rojanaphruk about the junta's controversial drafting process.
Some say your selection was linked to the government's failure to resolve your husband's disappearance? I have always said I did not want to be part of the drafting process but the people's sector wanted me in there in order to get its opinions heard. The selection had nothing to do [with the case of husband, missing rights lawyer Somchai Neelaphaijit]. No matter how the constitution turns out, I will not stop pursuing Somchai's case.
You are a nurse and have no legal training. How will you contribute to the drafting process? I will listen to the people's voice. I want their voices heard and included in the process. People who have been affected by the exercise of law [need to be heard, too].
What kind of constitution do you want to see? I am sorry the 1997 Constitution was scrapped. I will use that as a basis [for a new charter] and I believe a prime minister must be elected, too.
Coup critics say those helping the junta - members of the National Legislative Assembly and constitution drafters - are legitimising it. They denounce the drafting process as illegitimate. I must answer that by saying I'm independent and will not allow any person to dominate me, ever. Because I'm joining the drafting committee, I must face the reality that we're all in the same boat and, no matter who staged the coup, I will do my best. If the constitution doesn't get approved through a referendum, the Council for National Security [CNS] may impose an old constitution on us. Will it have any impact? Sure it will. I'll do my best, and people must participate so we can all have a say and some hope.
What do you bring to the process that is different? I bring the view of marginalised people like the homeless who have no opportunity to learn about the process. I act as their representative and will propose things for them. These people don't know how a new charter will affect them.
What do you think were the strengths and weaknesses of the 1997 People's Constitution? The good points were that it created many independent organisations but the setbacks were the checks and balances did not work in reality. The organisations created were not really independent.
Do you expect a new constitution to be better than the 1997 charter? Whether it will be better or worse will be up to the people to decide through a referendum. Personally, I'm worried about the referendum. If a group were organised to oppose the charter, problems will arise as I mentioned earlier. I want people to be optimistic first and believe the CNS claims it is here to eradicate injustice. If it acts otherwise, the people won't accept it. But, no matter how the new constitution looks, it can't be called a people's charter because of the restrictions imposed by the junta. Some experts predict the new constitution will be a temporary one and soon replaced. How the charter will look depends on the drafting climate. The 1997 Constitution was good because the drafting environment was good. As for the new charter, I will personally do my best. If the public sees any deficiencies then there must be ways of amending them. But there should be no more coups that tear up constitutions. Things won't change otherwise. If there's an election and the new constitution is amended in a democracy, then I can accept that.
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