HARD TALK
All eyes on the charter-drafting process

For the next few months, all eyes will be on the Constitution Drafting Committee that is entrusted with charting Thailand's political future. Its job has been made more difficult by a perception that it may be working under the influence of the September 19 coup makers.
The recent appointment of former national security chief Prasong Soonsiri amidst heavy lobbying by people close to the Council for National Security (CNS) has added to apprehensions that the charter-drafting process may not be free from interference. Critics see fingerprints of those wanting to bend what should otherwise be a process crucial to the country's political future to suit their political agenda. In short, they fear that the generals who squashed democracy in order "to save democracy" with their bloodless coup are using their proxies in the commission to have their hold on power constitutionally legitimised.Such fears may not be totally unfounded. Until the coup that ousted the corruption-tainted administration of former prime minister Thaksin Shinawatra, the military had been watching politics largely from the sidelines. The bloody pro-democracy uprising in May 1992 was a strong reminder of the public's aversion to political interference by the military. But the five years under Thaksin's autocratic rule, during which no establishment was safe from his self-serving interference, did have an effect in changing public perception of the role of the military. For the first time, there was a yearning for the military to step in. For the generals, the euphoria that greeted the coup apparently reinforced their belief that in times of crisis they are the rightful protectors of democracy and the country's top institutions. The September coup, therefore, is being seen by many critics less as the beginning of a new democratic era than a return of military influence in politics. They are not convinced that the generals would step in to "save the day" and then simply go back to their barracks. So the constitution-drafting process is the "payback time" for these "saviours of democracy", according to those who believe the military is far from being benign in their current political role. But the question is, how much can the generals influence the way the new constitution would be drafted? Apparently, nothing can stop them from trying, but there are certainly high costs to be paid. First of all, the drafting of a new charter is an open process. We can be sure that every move by every one of the 35 charter drafters will be under the spotlight. With clouds of doubt already hanging over some of them, even a slight indication that they are catering to any particular agenda is guaranteed to be on the front pages the next morning. And don't forget that not everyone in the Constitution Drafting Committee is sympathetic to the coup makers. Judging from their credentials, there are enough whistle-blowers to cry foul at the first sign of unwanted interference. Then there is the Constitution Drafting Assembly that will be looking over their shoulders. Even though its powers to amend or revise the final product of the committee are rather restricted, that doesn't mean members of the assembly can't make things difficult for whoever tries to pursue a personal political agenda through the charter. Many of the assembly members are known for their strong stand on democracy and are the least keen to see a return of military dominance in politics. And don't discount the various groups of political activists and non-governmental organisations out there keeping a close watch on how political reform is being charted. They are the ones that even the all-powerful generals cannot control. They are the same groups of people who took to the streets and played a crucial role in paving the way for Thaksin's downfall. They definitely are not going to stand by and watch their democratic aspirations betrayed. It has been seen that the attempts at media censorship by the CNS have effectively failed. While most TV stations have chosen to toe the line, the print media have not shied away from criticising the Surayud government for its lacklustre performance, and the CNS for its perceived political agenda. And the CNS can be sure that its role and that of the Charter Drafting Committee will be under the magnifying glass of the media. But the biggest challenge awaiting the CNS is the referendum on the new constitution. This will be a historical moment for Thais, to have their first ever referendum on any subject - and even more so because they will be voting on their political future. It should not be too difficult to imagine what the outcome of the referendum would be if the constitution is perceived as being a stepping-stone for the military to cling to power, as is feared today. And there are more than enough legislators, democracy groups and media waiting to give it a thumbs-down even before it goes to a referendum. Don't forget that there are already large sections of people out there who still feel sympathetic to the old regime and will reject the new constitution at any cost, regardless of its content. And if politicians can buy votes to win elections, there is no reason why they should not try dumping a constitution that they believe is a product of a coup that ousted them and their mentor from power. The CNS is fond of often recalling the good old days when people came out on the streets to greet soldiers and tanks with smiles and flowers. But they have to learn to live with the fact that those days are gone. Thepchai Yong
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