In anticipation of Thailand’s referendum on its draft Constitution, I had a conversation with two constitutional experts, Prof Tom Ginsburg and Mr Khemthong Tonsakulrungruang, about its process and content, as well as the possible political consequences of the referendum. The referendum is set to take place on 7 August 2016. 

Given that a modern constitution is expected to be not just a fundamental law but also a social contract amongst citizens, how successful is the draft Constitution in addressing the underlying divisions in Thai society? 

The main problems here are not the text of the draft Constitution itself but the process of its production.  The drafting process was not open and there was active intimidation of opponents to the draft.  There has been several high profile arrests of those who advocate against the draft.  Criticism of the draft has been deemed distribution of false information, an offence according to Section 61 of the Referendum Act B.E. 2559 (2016). Draft copies of the text have not been effectively distributed so there has been no chance for a full deliberation.  While constitution-building processes can sometimes bring about reconciliation of opposing factions, this one has not done so because of a lack of meaningful dialogue.

Read more at International Institute for Democracy and Electoral Assistance