thailand’s democracy in transition charas suwanmala

Thailand’s Thailand’s Democracy Democracy in Transition in Transition

Charas SuwanmalaCharas Suwanmala

Our lessons learntOur lessons learnt A quick glance on the new A quick glance on the new

constitutionconstitution

Our lessons learntOur lessons learnt

During our 75 years of During our 75 years of democratization, we democratization, we had…had…

35 years of bureaucratic politics35 years of bureaucratic politics 55 years of unstable government, weak political institutions, 55 years of unstable government, weak political institutions,

occasionally intervened by militant coups, which last year came occasionally intervened by militant coups, which last year came the last one. the last one.

5 latest years of extremely strong and stable government, but 5 latest years of extremely strong and stable government, but with…with… Insufficient check-and-balance mechanism,Insufficient check-and-balance mechanism, High rent seeking, high political and fiscal illusion, and high corruption, High rent seeking, high political and fiscal illusion, and high corruption, High degree of civil right violationHigh degree of civil right violation high irresolvable conflicts among groups and territories, then lead to the high irresolvable conflicts among groups and territories, then lead to the

military coups,military coups, 10 years growing up of direct democracy and decentralization, 10 years growing up of direct democracy and decentralization,

still not sustainable and had been weakened by national still not sustainable and had been weakened by national patronage politics.patronage politics.

Is democracy still viable in Thailand? Is democracy still viable in Thailand?

A quick glance on A quick glance on our new our new constitutionconstitutionCharas SuwanmalaCharas Suwanmala

We want to achieve We want to achieve four fundamental four fundamental areas on areas on Democratization Democratization

Strengthen the check-and-balance Strengthen the check-and-balance mechanismsmechanisms

Enhance direct democracyEnhance direct democracy Reinforce and enhance civil rightsReinforce and enhance civil rights Prevent political illusions and corruptionsPrevent political illusions and corruptions

i. Strengthen the check-i. Strengthen the check-and-balance mechanismsand-balance mechanisms

Activate the Activate the parliamentary parliamentary control control measures.measures.

Our new constitutionOur new constitution Free MPs from party control Free MPs from party control

over their debates, votes, over their debates, votes, and etc. (162).and etc. (162).

1/5 of MPs can propose to 1/5 of MPs can propose to have inconfidential debate have inconfidential debate against the Premier and against the Premier and

1/6 MPs can do against 1/6 MPs can do against ministers (155).ministers (155).


Prevent the Prevent the overwhelming overwhelming majority majority government.government.

Our new constitution…Our new constitution… prevent party merging prevent party merging

in the parliament (104)in the parliament (104)


Activate the Activate the control power of control power of judicial branchjudicial branch

Our new constitutionOur new constitution Have the supreme court Have the supreme court

in charged of cases in charged of cases against political posts against political posts (263), election frauds (263), election frauds (139), and civil rights (139), and civil rights enforcement (212)enforcement (212)

Have the constitution Have the constitution court review the court review the administrative law- administrative law- making (184).making (184).


Strengthen Strengthen independent independent institutions institutions

Independent institutions can Independent institutions can propose budgets directly to propose budgets directly to the parliament (168), to free the parliament (168), to free this institutions from fiscal this institutions from fiscal burdens.burdens.

ii. Enhance direct ii. Enhance direct democracydemocracy

Strengthen Strengthen the mediathe media

Our new constitutionOur new constitution Not only address the Not only address the

principle of free media, no principle of free media, no public censer allowed, and public censer allowed, and no state subsidies (45,46), no state subsidies (45,46), but also…but also…

Mandate that political posts Mandate that political posts are not allowed to own, are not allowed to own, directly or indirectly, the directly or indirectly, the media agenciesmedia agencies (48)(48)


Open political Open political spaces for spaces for citizenscitizens

Our new constitutionOur new constitution 10,000 peoples can propose to 10,000 peoples can propose to

initiate laws (163)initiate laws (163)

20,000 peoples can propose to 20,000 peoples can propose to recall and impeach political recall and impeach political posts at all levels, including posts at all levels, including leaders of independent leaders of independent institutions (164)institutions (164)

50,000 peoples can propose for 50,000 peoples can propose for constitutional amendment.constitutional amendment.


Open political Open political spaces for spaces for citizenscitizens

Our new constitutionOur new constitution Referendums are required for Referendums are required for

state actions that have serious state actions that have serious impacts on citizens’ way of life, impacts on citizens’ way of life, including FTA engagement including FTA engagement (165) and constitutional (165) and constitutional amendment (291)amendment (291)

Establish “the civic political Establish “the civic political development fund” to provide development fund” to provide resources in supporting the civic resources in supporting the civic movement. movement.


Strengthen Strengthen community community and local self-and local self-government government

Our new constitutionOur new constitution Streamlining Streamlining

intergovernmental relations, intergovernmental relations, with respect to fiscal and with respect to fiscal and functional devolution, functional devolution, personnel management, and personnel management, and others (281, 283, 288).others (281, 283, 288).

Acknowledge community Acknowledge community rights to protect their rights to protect their environment (67) environment (67)

iii. Reinforce & enhance iii. Reinforce & enhance civil rightscivil rights (26-62)(26-62)

Remove legal preconditions to Remove legal preconditions to automatically activate civil rights once the automatically activate civil rights once the constitution is promulgated.constitution is promulgated.

Reinforce right to access to free primary Reinforce right to access to free primary education, basic health facilities, and the education, basic health facilities, and the right of civil disobedience. right of civil disobedience.

iii. Reinforce & enhance iii. Reinforce & enhance civil rightscivil rights (26-62)(26-62) The Human Right Commission can bring The Human Right Commission can bring

cases directly to the court (257). cases directly to the court (257).

Enhance basic rights, such as…Enhance basic rights, such as… the right of disadvantages (the elderly, the the right of disadvantages (the elderly, the

homeless poor, and the disabilities) to access homeless poor, and the disabilities) to access to basic living facilities.to basic living facilities.

The right of public employees to form labor The right of public employees to form labor unions.unions.

iv. Prevent political iv. Prevent political illusion and corruptionsillusion and corruptions

Strengthen Strengthen fiscal fiscal democracydemocracy

Our new constitution Our new constitution Mandate to have… Mandate to have… Tax reform to attain a fair-Tax reform to attain a fair-

taxation principle.taxation principle. introduce introduce the public the public

finance administration finance administration actact that founds the that founds the principle of fiscal principle of fiscal democracy. democracy.

iv. Prevent political iv. Prevent political illusions and corruptionsillusions and corruptions

Prevent Prevent conflict of conflict of interests in interests in politicspolitics

Our new constitution Our new constitution mandate thatmandate that…… Political posts are not allowed Political posts are not allowed

to involve, directly or indirectly to involve, directly or indirectly (via nominee agents), public (via nominee agents), public concession and purchasing, or concession and purchasing, or receive benefits from public receive benefits from public organizations (265).organizations (265).

iv. Prevent illusions and iv. Prevent illusions and corruptionscorruptions

Activate Activate political political ethicsethics

Our new constitutionOur new constitution Put political ethics in Put political ethics in

place, enforced by the place, enforced by the Ombudsmen, the Ombudsmen, the parliament, and citizen, parliament, and citizen, through the impeachment through the impeachment process (280).process (280).

The progress and next The progress and next stepssteps

The drafted constitution passed the The drafted constitution passed the national referendum on August 19, 2007, national referendum on August 19, 2007, with 58.18% accepted.with 58.18% accepted.

The general election is coming up in the The general election is coming up in the next three months, December 2007.next three months, December 2007.

The new democratic government is The new democratic government is expected to assume power in the next four-expected to assume power in the next four-five months, January-February 2008. five months, January-February 2008.

That’s all, and thank you.That’s all, and thank you. More discussion is preferable in More discussion is preferable in

the question-answer session. the question-answer session.

thailand’s democracy in transition charas suwanmala

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