Thailand to vote on new constitution that critics say weakens democracy

BANGKOK — Thailand holds a referendum Sunday on a controversial new constitution that critics say would weaken democracy and prolong the ruling military junta that seized power two years ago.

The proposed constitution would give the military some of its broadest powers in decades, including the direct appointment of a 250-member Senate.

Supporters of the new constitution say it would clean up political corruption and heal divisions that have ravaged Thailand's fractious political landscape for more than a decade.

The junta, led by Prime Minister Prayuth Chan-ocha, a former general, has already exerted broad powers since it took over in a May 2014 coup after months of protests and violence on the streets of Bangkok. It controls areas from policymaking to law enforcement, while also suspending civil liberties and suppressing dissent.

For many Thais, the vote may be less about the merits of the proposed constitution than an opportunity to express their opinions of the un-elected military rulers.

Security will be tight election day, with more than 200,000 police officers deployed. The U.S. Embassy in Thailand warned Americans here to avoid crowds and demonstrations.

Posters and billboards across the country urge citizens to go to the polls Sunday, but almost all public debate about the proposed constitution have been muzzled. At least 86 people and one journalist have been investigated or charged as part of a government clampdown on criticism about the new charter.

The United Nations condemned the crackdown on debate in a statement issued last week.

"The idea of a referendum is to allow for full debate followed by public vote," said David Kaye, the U.N. special envoy on freedom of opinion and expression.

Human rights groups also spoke out.

"This is not a democratic process," said Charles Santiago, a member of the Malaysian Parliament and chairman of ASEAN Parliamentarians for Human Rights. "It’s a forced vote at the barrel of a gun following a campaign in which the authorities have sought to actively thwart informed debate.”

Constitutional scholars say the draft charter would hobble Thailand's already weak democratic institutions while preserving power in appointed institutions that the military control, such as the judiciary, independent government agencies and the Senate.

"All elements of the parliamentary system are weakened," said Henning Glaser, director of the German-Southeast Asian Center of Excellence for Public Policy and Good Governance. "Every politician is weakened. Political parties are weakened. The parliament is weakened. Every member of the cabinet is weakened."

The results may have little impact on the military's power in Thai politics.

The military has "made it so that they'll be in charge either way,” said Thitinan Pongsudhirak, associate professor of political science at Chulalongkorn University in Bangkok.

He said a yes vote would keep the military as interim leaders through the next election, to be held in late 2017 or 2018, while maintaining their long-term grip on the Senate and independent agencies. A no vote would extend the entire process by the need to draft another constitution or revise one from the past.

Either way, the military would maintain power through the foreseeable future, perhaps to steer the country through what could be a wrenching period of royal succession. Thailand’s revered 88-year-old King Bhumibol Adulyadej, the world’s longest reigning monarch, is in poor health.

"The game plan is to maintain control and to supervise outcomes,” said Pongsudhirak. “Either way, yes or no, the military can achieve that end."