Blame the players – not the rules
 The Nation
November 29 , 2005 - Whenever the political temperature soars, politicians and legal pundits try to find a quick fix by debating whether to rewrite the country’s charter.
Since embracing democracy in 1932, Thailand has promulgated a total of 16 charters. The 1997 Constitution is the latest version of the supreme law of the land. It was touted as being the best yet to enshrine the people’s aspirations as well as containing the most rigid checks and balances.
If events in recent weeks are any indication, the most comprehensive supreme law of the Kingdom appears to be on the verge of being discarded into the bin of history.
The number of charters written and torn up will keep piling up so long as relevant parties continue to search for a cure-all for political maladies.
A pause is needed to sort out the problems instead of blaming every twist and turn on the rules of the game when the players are really at fault.
The ongoing tension has evolved around the bickering between Prime Minister Thaksin Shinawatra and his critic Sondhi Limthongkul.
Sondhi has projected himself as a whistle-blower to expose the flaws of Thaksin’s leadership. The powerful prime minister has retaliated by trying to muzzle him.
This has backfired, prompting more fiery attacks and public sympathy for Sondhi.
As the anti-Thaksin crowds at Lumpini Park have grown larger and larger over the past eight weeks, tension has inevitably ensued.
Ideas start to circulate on the flaws and loopholes of the Constitution even though Thaksin is at the heart of the political storm.
Legal expert Amorn Chandarasomboon argues for a complete rewrite of the Constitution in order to advance democracy.
In Amorn’s view, the charter provisions are out of sync with the political reality, and have allowed Thaksin to dispense his patronage to gain control over the so-called independent organisations.
Wang Nam Yen faction leader Snoh Thienthong has joined the debate on the charter rewrite by reiterating that a key provision against party-hopping should be rescinded.
Snoh is an ardent opponent of the party-hopping ban even though he concedes that it has ushered in a stability that has never been seen in Thai political history.
Many are calling for the intervention of the monarchy to form a blue-ribbon panel to draft the new charter.
The debate rumbles on while relevant parties appear to overlook the fact that the supreme law is supposed to lay down ground rules for the governing of the country and not to apply for an individual politician like Thaksin.
Existing mechanisms for checks and balances are already in place to curb runaway power. If Thaksin could gain control over the watchdog agencies, then a simple solution is needed to amend relevant provisions to root out patronage instead of tearing up the charter.
Democrat leader Abhisit Vejjajiva has proposed that partisan representatives should be removed from the selection process for office holders of independent organisations. This is a sensible first step to fight patronage-influenced appointments.
When 99 charter writers spent 233 days working on the draft of the People’s Constitution in 1996, some 843,556 people participated in the drafting process to ensure a successful political reform.
Confronted with a leader like Thaksin who openly displays his disregard for civil liberties and democratic principles, political disillusionment naturally grows. But it might be hasty to throw away the rule book just because one game happens to be a disappointment.
Your comments are welcome. Contact the Political Desk at poldesk@nationgroup.com.
Avudh Panananda |
