This impartial 2016 Constitution referendum voting guide, specifically designed for ultranationalists and ethnic minorities or friends or relatives of ethnic minorities, is brought to you by Special Circumstances.

Ethnic Minority-Related Issues in the Constitution

Ultranationalists will be happy that there is only one mention of ethnic minorities in the proposed 2016 Constitution. For ultranationalists, because everyone in Thailand is a Thai citizen, ethnic minorities are protected in the 2016 draft Constitution by Section 27, via a standard non-discrimination clause similar to that in many other constitutions:

Section 27 All persons are equal before the law and shall enjoy equal protection under the law. Men and women shall enjoy equal rights. Unjust discrimination against a person on the grounds of the difference in origin, race, language, sex, age, disability, physical or health condition, personal status, economic or social standing, religious belief, education or political view that does not violate the provisions of this constitution, or any other ground shall be prohibited.

As this clause covers origin, race, and language, this should be good enough. However, ethnic minorities should note that the 2016 Constitution does not actually list or define any of its 65+ minorities or refer to any organic legislation or legislation that does. This is because the vast majority of ethnic minorities are not actually recognized in Thailand except in the form of cabinet resolutions, and even then only some of the mountain peoples.

For ultranationalists, the 2016 Constitution mainly adopts the status quo for referring to ethnic groups, i.e., references to them as ‘local people’. Section 43 actually allows people and communities to promote ‘local’ traditions:

Section 43 A person and a community shall enjoy the right; (1) to conserve, restore, or promote wisdom, art, culture, tradition and custom of good value in the locality and the nation…

Moreover, Section 57 mandates that the State should do likewise:

Section 57 The State shall; (1) conserve, restore and promote local wisdom, art, culture, tradition and custom of good value in the locality and the nation, and provide public space for the activities related thereto, and promote and support people, communities and local administration organizations to exercise their rights and participate in the implementation described herein,

For ultranationalists, these two sections are already progressive enough. However, people from ethnic minorities might be alarmed by the omission of ‘language’ from Section 43, as it is one of the main vectors for transmitting culture, and by the fact that Section 57 is very broad and does not involve specific measures or avenues for promoting local traditions, such as the formal education system. For ultranationalists, on the other hand, the 2016 Constitution may even be too ‘progressive’, as there is even a section promoting the ‘ethnic’ rights of groups (the only mention of ‘ethnic’) according to their “culture, custom and traditional ways of life”:

Section 70 The State shall promote and protect the rights of Thai people of different ethnic groups to live voluntarily and peacefully without disturbances in the society according to their culture, custom and traditional ways of life, in so far as such livelihood is not contrary to public order or good morals of people, or does not harm the security of the State or health.

Ultranationalists should, however, be very happy with the rider in this last section, as it allows the State to suppress any ethnic practices, which it can itself define in an arbitrary manner, which are seen as ‘Un-Thai’ in the form of being contrary to public order or good health. Ethnic minorities, on the other hand, may be somewhat alarmed by this lack of specificity, for example insofar as it applies to the one million+ Thai Malay.

This brief analysis allows us to introduce a voting matrix to help guide ultranationalists and ethnic minorities or friends/relatives of ethnic minorities in how to vote. One further crucial issue is that in 2011 Thailand actually recognised over 60 of its ethnic minorities to the international community in a Country Report to the UN Committee responsible for the International Convention on the Elimination of all Forms of Racial Discrimination (CERD). However, Thailand did not tell these minorities at the time that they were being recognised, nor has it subsequently passed any legislation recognising them. In addition, it promised in 2012 in its meeting with the UN to pass domestic legislation against racial discrimination, but it has not done so. This is despite increased racism in Thailand. Ultranationalists may be happy with this lack of progress, while members of ethnic minorities may feel urgent action, enshrined in the constitution, is required due to Thailand’s publicly stated commitments on this issue.

The guide also therefore includes additional issues arising from other sections (or lack of sections) of the draft Constitution of interest to ultranationalists and members of ethnic communities, namely appointed governors, the appointed senate, the issue of a national language policy, Thailand’s promise to introduce anti-racial discrimination legislation, recognition of ethnic communities, specifically combating educational differences along ethnic lines, specifically combating health differences along ethnic lines, and specifically combating socio-psychological issues along ethnic lines. The result is the following 12-point guide. Admittedly, the thinking involved is somewhat categorical, but unfortunately a referendum is, by nature, categorical.

Table: Impartial Voting Guide on Ethnic Minority-Related Issues