2007 constitution of Thailand
On 19 September 2006, the Royal Thai Armed Forces staged a coup d'état against then prime minister Thaksin Shinawatra, abrogated the 1997 constitution and formed a junta called Council for Democratic Reform (CDR).
The 2006 interim constitution was then promulgated by King Bhumibol Adulyadej upon advice of the CDR leader, General Sonthi Boonyaratglin.
[8] On 22 May 2014, the National Council for Peace and Order, a military junta which staged a coup d'état against the caretaker government, repealed the constitution, save the second chapter which concerns the king.
Wan Muhamad Noor Matha (PCC) Pichet Chuamuangphan (PTP) Paradorn Prissanananthakul (BTP) Natthaphong Ruengpanyawut (PP)
Charoen Khumpeeraparp, of Silpakorn University, criticized the charter for protecting human rights according to commitments made under international treaties, claiming that it would not allow persecution of figures in the deposed government.
[11] However, the draft interim charter did call for one democratic innovation: it required that a permanent constitution would have to be ratified by public referendum.
Nonetheless, the referendum proposal too has been condemned, as if the draft is rejected then under section 32 of the interim charter it is returned to the junta, which will write a constitution of its own in consultation with the Council of Ministers.
Somkhid Lertphaithoon, Deputy Rector of Thammasat University, demanded that the junta directly appoint 100 members to the CC rather than rely on a 2000-member NLA.
The candidate with most votes was Okas Tepalakul from Chachoengsao Province, a virtually unknown car dealership owner who was a former classmate of junta-head Sonthi Boonyaratglin.
The controversial selection also saw Suwit Pipatwilaikul, a little-known Nong Bua Lamphu construction contractor who received the third highest number of votes.
[27] Among those approved were several who had received the lowest number of votes from the CC (7), including Phisit Lee-Atham, Wichai Roobkhamdee, Wicha Mahakhun, and Apichart Damdee.
These selectees included anti-Thaksin activist and former CC president Prasong Soonsiri, Judge Advocate-General Attaporn Charoenpanit, Montri Sri-iamsa-ard, Atchaporn Charuchinda, Supot Kaimuk, legal expert Thongtong Chandrangsu, Detudom Krairit, Thanaboon Chiranuwat, Vichit Wichaisarn and Kanchanarat Leewirot.
[35] The CC announced that future prime ministers and cabinet members should be barred from running the country in a caretaker capacity after the dissolution of the House of Representatives.
In justifying the move, Vicha Mahakun, one CC drafter, noted that politicians were like "hungry tigers, so are we really going to allow them to stay on [after House dissolution]?
Several notable figures attacked the clause as being undemocratic, including CC member Noranit Sethabutr, political scientist Somchai Srisuthiyakorn, Campaign for Popular Democracy Deputy Secretary-General Somkuan Promthong, Democrat Party Secretary-General Suthep Thaugsuban, and Thai Rak Thai party caretaker leader Chaturon Chaisang.
In a public hearing, former judge Wicha Mahakhun claimed that, We all know elections are evil, but [why do] many people still want to see history repeated?
[42] Village headmen and kamnan requested that the CC amend the law to permit them to remain in their post, once elected, until they reached 60 years of age.
The association claimed that the current five year term allowed "troublemakers" like drug dealers to interfere with matters of local administration.
A court later terminated the party and banned its entire executive team of over a hundred from politics for five years due to election fraud.
[48] The Committee on Information and Public Dissemination of the CC led an advertising campaign to persuade voters to favour the draft constitution.
"Broadcasting media under the control of the army and certain television stations have been misused by the state to convey false messages to persuade people to endorse the draft 2007 constitution," a statement issued by Midnight University said.
However, none of the copies contained a translation into Malay, preventing people in the Malay-speaking southern provinces of Thailand from understanding the contents of the draft constitution.
[54] Gen Sonthi has ordered the Internal Security Operations Command (ISOC) to use its nationwide staff to "promote proper understanding of the constitution" among rural people.
EC member Sumet Upanisakorn denied that the government acted illegally by summoning villagers to take part in a parades to accept the draft charter.
"Even if amended to allow for 'factual' campaigning on the referendum, it is clear that the main purpose of the law is to intimidate and silence persons who don’t share the official view," the Asian Human Rights Commission (AHRC) said.
In July, 20 soldiers and 10 policemen raided the house of a politician and seized anti-charter t-shirts, banners, documents, and recorded speeches.
Prateep filed a complaint with the police, claiming that they had committed an "unlawful" act, citing her human rights under the abrogated 1997 constitution.
Defense Minister Boonrawd Somtas told reporters that an election "can take place only if the new constitution passes the referendum," implying that a "No" would result in indefinite military rule.
[53] Interior minister Aree Wong-Arya warned those campaigning against the draft by distributing leaflets to voters that they will be severely punished if there is proof against them.
Giles Ji Ungpakorn of Chulalongkorn University noted that, It is now obvious that the military junta have no intention of conducting a clean and democratic referendum on their new constitution.
