Members of the 19 September Network Against the Coup group protest against the Constitution Drafting Assembly in front of Parliament yesterday. The group called for people to vote against the draft charter.

The article was first set at 100,000 minimum voters but lengthy bargaining between some CDA members and the Constitution Drafting Committee (CDC) took place before the two parties settled on a compromised figure.

The caveat that citizens who started the process of constitutional amendment could have no further role to play and could not become charter drafters for the purpose led some CDA members to express scepticism as to how effective the article would be in enabling citizens to spearhead the charter amendment process in the future.

Some CDA members like Karun Sai-ngam, a former senator who has extensive experience in gathering signatures for the impeachment of politicians, said it was unrealistic to expect to collect 50,000 signatures. He wanted the threshold lowered to 30,000 or less.

"One would be fortunate to collect 5,000 signatures if some 50,000 people gathered to demonstrate. If a million people protested [in the future], then by that time there would be no need to amend the constitution as they would likely be calling for the nullification of the charter. Do you like it that way?"

CDC secretary Somkid Lertpaitoon insisted however that if the number was pushed lower, the process may be abused by some politicians. In addition,foreign investors may be unsure of the law of the country. He said investors may fear that the market economy might be replaced by something else if an amendment could be made so easily.

CDA member Chirmsak Pinthong said there should be no cause for concern if the figure was lower than 50,000 because the only right that people have is the right to initiate the process and the process is eventually hijacked and abused by legislatures, anyhow.

The CDC refused to allow signatories to play any further role in the process beyond furnishing the legislature with their views.

The same article allows a motion for amendment to be proposed by not less than one-fifth of the total number of existing members of the Council of Ministers or the House of Representatives, or by not less than one-fifth of the total number of existing members of the House of Representatives and the Senate.

The assembly also rejected female CDA members' plea to introduce a gender quota system for local assemblies under Article 275.

Some male CDC members said it would be against the electoral rights of voters if they were forced to elect their representatives with gender parity being enforced. However, none said anything about the fact that the whole assembly had no mandate from the electorate to draft the new charter.

Groups of CDA members from local administrative groups also failed to have the CDA grant local leaders the right to greater participation in the administration of local communities through the introduction of a committee to oversee local administration under Article 273. They complained that policies and projects are still being introduced and carried out in a top-down fashion by provincial governors and district chiefs.

Pravit Rojanaphruk

The Nation