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    Southeast Asia
     Aug 18, 2007
Showdown over Thai constitution
By Ron Corben

BANGKOK - Thailand's government and the junta that established it face a crucial credibility test when as many as 40 million voters go to the polls on Sunday to decide on a draft constitution that, if approved, will pave the way for general elections in December.

The stakes are high for the military government. Colorful rallies led by the government and those by supporters of deposed prime minister Thaksin Shinawatra have been held amid allegations of



vote-buying and political skullduggery.

Tens of thousands of people have turned out at rallies, with the government accusing opponents of buying votes and paying voters not to cast their ballots on Sunday. At the same time, the opponents have accused the military junta of resorting to intimidation in the hope of ensuring it gets the simple majority needed to see the draft passed.

In large part, the draft is based on the progressive 1997 constitution, which was abrogated after last September's coup. Government spokesman Yongyuth Mayalarp said the new constitution has been presented to the general public as a step toward restoring political normalcy in Thailand.

"This referendum is a chance for the people to come and give their vote on whether they feel that this new constitution answers all those problems or not, [also] whether the new constitution can fill in those loopholes [from the previous constitution] as intended," Yongyuth said.

Thaksin, living in exile in Britain since his ouster last year, has been accused of abuse of power, undermining the independence of institutions originally set up under the 1997 constitution, and corruption.

The main changes in the draft constitution have been directed toward reducing the power of the executive branch while increasing that of the bureaucracy, military and judiciary. These broad measures have been the target of criticism by pro-democracy groups.

Pro-democracy activists and Thaksin supporters have said the draft constitution is aimed at reducing people's power while empowering the state. They also allege that they have not been allowed to campaign against the charter in the rural areas, where the exiled Thaksin still commands popular support.

If the draft gains popular approval, the number of elected representatives to the lower house of Parliament will be reduced, with fewer representatives selected through the previous party list system, which helped tighten Thaksin's Thai Rak Thai [TRT] party's grip on Parliament. Half of the Senate, which will be reduced from 200 to 150 members, will no longer be elected but rather appointed by a committee of bureaucrats and senior judges.

Opinion polls in recent weeks indicate that the draft constitution will be narrowly passed, though there is uncertainty over voter turnout. "From the [opinion] polls done two weeks ago it was something like 68% of eligible voters are likely to turn up. However, I just heard from the Election Commission that they anticipate a figure of around 50%," Yongyuth said.

The Election Commission has 45 million eligible voters on its rolls, with 87,000 polling units around the country that will stay open from 8am to 4pm. Recent cabinet estimates, however, put a target turnout of only about 23 million voters.

Bangkok Post columnist Veera Prateepchaikul agrees that the chief concern is voter turnout. "What seems to matter most is a low voter turnout - or less than 50% in favor of the draft. That would be seen as a success [for the pro-Thaksin coalition] because their real intention is to shame or embarrass the CNS [Council on National Security]," Veera said.

Yongyuth admitted that the main aim of the opposition is to embarrass the government, as elections would go ahead anyway under an earlier constitution proposed by the junta. "If the draft constitution is not accepted, then the National Security Council has to consult with the cabinet to look at the previous constitutions."

The most popular of past charters is arguably the 1997 constitution, which included various democratic protections and guarantees. If the draft charter fails, the junta could make modifications to the 1997 charter, a process that could delay new polls from mid-December until early next year.

This week, interim Prime Minister Surayud Chulanont led a rally of about 50,000 charter supporters in the northern city of Chiang Mai - formerly a Thaksin stronghold - while 10,000 supporters of Thaksin's now-disbanded TRT party, along with groups opposing the draft constitution, rallied in central Bangkok.

Chaturon Chaisaeng, former interim leader of TRT, told a gathering prior to a rally on Wednesday that the constitution was illegitimate and undemocratic and warned that it had "poisoned" the country's political-party system. A former parliamentary president, Uthai Pimchiachon, was reported in the local media as saying he believed another coup would be inevitable if the current constitution draft is passed.

At that rally, a 35-year-old information-technology worker, who identified himself only by his nickname Gun, said he feared a showdown between pro-Thaksin groups and any new government. "I think the situation is similar to May 1992 if the military cannot respond in the right way for these kinds of people [Thaksin supporters]. So I think they may have some kind of problem."

Then, the Thai government was led by a non-elected military leader, General Suchinda Krayprayoon, despite parliamentary elections earlier in 1992. But Suchinda's appointment, after leading a coup in February 1991 that unseated a democratically elected government, infuriated the middle class, which then wanted to see an end to the military's role in politics.

This time the middle class is more supportive of the military government. Desai Mywong, a trader from the seaside town of Pattaya, said he is happy with the new constitution. "I think this constitution is better than the last constitution. There is more freedom, especially for Thai people. I want all of my friends to say 'yes' on the 19th of this month," he said.

But the trader at the same time fears that Thaksin is looking for a return to politics, leveraging his still-strong support among the rural poor, where TRT-initiated populist policies won the party a huge following. "I'm not sure, but I think that Thaksin is trying make a comeback. He is not finished. He has a lot of money," he said.

A large military presence is being maintained in rural areas in the run-up to the referendum, and the junta has since the outset of its coup maintained tight control over radio stations and state-run television. Thitinan Pongsudirak, a political scientist at Chulaongkorn University, said in a commentary that if the referendum is voted down, the CNS and the appointed interim government of Surayud will face a "crisis of legitimacy".

"A failed referendum would be tantamount to a public rebuff of the coup and its attempted reconstruction of a political landscape that prevailed during the 1980s and 1990s," Thitinan said. "With the balance of forces overwhelmingly in favor of charter passage, an unexpected disapproval of the referendum is likely to lead to heightened political turmoil."

(Inter Press Service)


Politics by proxy in Thailand (Aug 10, '07)

Toward a less democratic Thailand (Jul 27, '07)


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