On August 7, 2016, a constitutional referendum was held in Thailand and about 40.4 million Thai people showed up to vote. At the referendum, voters were asked, “do you accept the draft constitution?” This required just a simple yes or no answer.

However, the new constitution has been criticized for being undemocratic and for further strengthening the military power, especially section 44 which gives the NCPO (National Council for Peace and Order) decisive powers and sections 47 and 48 which enshrine amnesty for all the past and the future actions of the military. This is basically the only difference between the 2016 constitution and the 2014 constitution.

Provisions similar to section 44 has existed in some of Thailand’s previous laws. One of the most notable cases was section 17 of the 1959 charter which had been used by Field Marshal Sarit Thanarat to execute people who are accused
of crimes. However, even though several people disagree with the new constitution, 61.45% of the people voted in favor, meaning that this constitution has been approved.

Even though the results are official, there are still some people who do not agree with this constitution. French Wongananchai (10) states that “as a citizen of Thailand, I cannot say much but I disagree with this constitution. I do not think it is right for the power to only be in the government’s hand and to let the military government decide on everything, since it is undemocratic. What the government is doing right now is basically just taking away rights of the citizens.”

However, the positive aspect of this constitution is that it stops the violence in Thailand. This new constitution actually keeps Thailand peaceful most of the time and it stops the “yellow shirts” and the “red shirts” from fighting, unlike the old constitution which promoted democracy but ironically at the same time caused violence in the country. 

I believe that the new constitution has its advantages and disadvantages, but personally I lean slightly towards the positive side. It is true that many Thai people, including me, want democracy, which is very important as everyone in the country will have a voice and everyone will be equal. However, preventing and avoiding violence in the country is more important. If the government gave democracy to its people, as in the old constitution, there might still be violence and fighting between two sides everyday, which could cause many problems. As a result, our country might go bankrupt.

I believe that this new constitution will keep our country peaceful and will make it a great place to live in. I choose to live in peace without democracy rather than having democracy without peace. With that said, I believe that most people should, and will, choose this option too.

Jeff Manthananon