Thailand constitutional referendum: all your questions answered

First published with the Guardian 3 August, 2016

What’s happening?

On Sunday, 7 August 40.4 million eligible voters in Thailand will head to the polls in a referendum for a new constitution. More than 200,000 police officers will be deployed at 94,000 polling stations on the day.

What is the voting for?

Voters will be asked two questions requiring simple yes-no answers:

Do you accept the draft constitution?

Should the Upper House of Parliament be permitted to join the Lower House in selecting a Prime Minister?

Why has the draft constitution proven so controversial?

Having taken power after a 2014 coup, Thailand’s interim, military-backed National Council for Peace and Order (NCPO) has presented a constitutional referendum as a major step on their roadmap to “fully-functioning democracy”.

It claims the new constitution will enhance the ability of the next Government to fight against corruption while ensuring the NCPO’s current program of reforms will not be cut short. However, rights groups say the constitution extends too much power to the unelected NCPO, meaning their influence would remain well past their interim tenure.

Among the most controversial provisions is the NCPO appointment of the 250 seats of the Upper House in the next government. Within a bicameral parliament, an NCPO appointed upper house would mean a military-backed delegation are guaranteed a critical role in the next term. Critics say this could open the door for an unelected, military-backed Prime Minister.

What’s the context?

Since Thailand’s absolute monarchy ended in 1932, the country of 67 million has swept through nineteen different constitutions.

When ex-premier Thaksin Shinawatra was ousted in a 2006 coup, Thailand entered a tumultuous political period of coups d’etat and elections, shaped along colour-coded lines of allegiance and protest. On one side are the so-called ‘red-shirt’ supporters, who are typically rural, working class groups and mostly back the Shinawatras. On the other side are the ‘yellow-shirts’, typically more urban, middle-class and firmly against the Shinawatras and their proxies.

In 2014 when demonstrations against Thaksin’s sister, then-premier Yingluck, led to her ouster in another military coup, the NCPO has been in charge of guiding the country back to the next democratic elections.

Who are the major players?

Thailand’s military-installed prime minister Prayuth , the man who spearheaded the military coup against Yingluck in 2014, the NCPO, the National Legislative Assembly and, to a lesser extent, former ‘yellow-shirt’ groups have all been pushing for a ‘Yes’ vote.

Two former prime ministers, Abhisit Vejjajiva and Yingluck Shinawatra, have publicly rejected the charter. ‘Red-shirt’ associated groups have also rejected the draft, while a number of student activist groups have been publicly campaigning for a ‘No’ vote.

How has campaigning been going?

Officially, campaigning for the referendum has been banned. The reality, however, has been a targeted suppression of ‘No’ campaigners.

On 21 July, a Red-shirt TV station was closed for 30 days, while over the past month, scores of activists and at least one journalist has been arrested under Article 61 of the controversial Referendum Act. The Act forbids any media from spreading “false information” which might influence voters, but also bans the spreading of “violent, aggressive, vulgar or coercive” information by any individual. Critics claim the imprecise, broad wording of the Act permits the targeting of ‘No’ campaigners.

The UN and multiple ambassadors have expressed concern of the clamp-down.

What is the likely outcome?

Thailand’s polls have proven to be as fickle as most, with the majority having the results looking tight with a small majority for the ‘Yes’ camp. However, the same polls also claim a large majority remain undecided.

With exit polling by media effectively banned, the exact results of the elections will have to wait until official announcements are made, up to three days after the event. However, it is expected a general idea of the result should be clear within hours of the polls closing.

What happens next?

A ‘Yes’ vote would allow the military-backed NCPO to claim legitimacy and prepare for elections slated irrespective of outcome for mid-2017. However, in the event of a rejected charter the NCPO would be obliged to offer another option, which could take months. When questioned about the possibility of a ‘No’ vote in the referendum, Prime Minister Prayuth quipped that he would simply write another one himself.

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