Thai parties unite to amend Referendum Act for easier constitution change

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Thailand’s leading political parties, Pheu Thai and Move Forward, are joining forces to amend the country’s Referendum Act. The act’s existing flaws are viewed as hurdles to modifying the constitution, a critical move supported by many parties who see the current charter as a legacy of the National Council for Peace and Order, the orchestrator of the last coup.

Both Pheu Thai, the governing party, and the main opposition faction, the Move Forward Party (MFP), have put forth two separate draft bills proposing modifications to the Referendum Act. These were presented to House Speaker Wan Muhamad Noor Matha yesterday. The drafts are now up for parliamentary debate and are expected to be consolidated into a single bill during the review process.

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Wan Muhamad Noor Matha anticipates a speedy resolution to the revamp of the Referendum Act, given that the current ordinary House term is due to break in two months.

Chusak Sirinil, a list MP from Pheu Thai and legal authority, indicated that 129 members of his party have endorsed the bill initiated by the coalition government. He pointed out three main issues within the act making constitutional changes nearly unachievable.

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The first problem, according to Chusak, is the double majority requirement. Secondly, there is an inflexibility in allowing a referendum to coincide with a general election. Lastly, the existing law prohibits online voting in a referendum. The MFP has also highlighted these issues.

Cost reduction

Under the current rules, up to three rounds of referendums will likely be needed before the constitution can be rewritten. Each round needs to comply with the double majority rule, which mandates that over 50% of eligible voters must participate, and the majority of these voters must approve, reported Bangkok Post.

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Chusak warned that the rule could potentially lead to a referendum breakdown in the event of a low turnout.

“Pheu Thai has agreed on changes that would see a referendum approved with the votes in favour exceeding the votes of abstention.”

Furthermore, to reduce expenses, the ruling party supports the idea of conducting the referendum on the same day as a general election. Holding three separate referendums would cost an estimated 10.5 billion baht, according to Senator Somchai Sawangkarn.

Chusak also advocates for the allowance of online voting in the referendum, as opposed to the current mandate of in-person voting. He further added that the law should obligate the Election Commission to ensure equal access and opportunities for individuals in favour or against the referendum question to express their opinions.

Parit Wacharasindhu, a list MP from MFP, echoed Pheu Thai’s proposed revisions to the referendum law.

“We might be standing on opposite sides in parliament, but that doesn’t stop us from joining hands-on issues we agree on.”

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Mitch Connor

Mitch is a Bangkok resident, having relocated from Southern California, via Florida in 2022. He studied journalism before dropping out of college to teach English in South America. After returning to the US, he spent 4 years working for various online publishers before moving to Thailand.

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