WE COULD BE THE WORLD LEADERS

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                    ADDRESS/CONSTITUTIONALISM IN ASIA


WE COULD BE THE WORLD LEADERS
2.9.97/BANGKOK POST

FORMER PRIME MINISTER ANAND PANYARACHUN WAS THE RECIPIENT
YESTERDAY IN MANILA OF THE RAMOS MAGSAYSAY AWARD FOR HIS PRO-
DEMOCRACY EFFORTS. THE FOLLOWING IS HIS EDITED ADDRESS.           
       

The link between constitutionalism and democracy in Asia is
reminiscent of the interaction between law and order. Law and
order comprise a neatly matched term commonly associated with
authoritarianism, or autocracy.

Much of Asia today treads a thin line between authoritarianism
and populism. The former represents the subjugation of the people
to political masters who, only in the most fortunate and rare of
circumstances, provide enlightened leadership. The latter spells
political chaos, and typically results in metamorphosis into the
most vicious sorts of authoritarianism.

If we are to avoid straying from the thin line between
authoritarianism and populism that is, if we are to have law and
order without its accompanying evil of a home-grown, indigenous
colonialism consisting of a master class ruling a subject
population- we must pursue constitutionalism.

What do I mean by "constitutionalism"? I am not too humble to
admit that my views on that subject derive from the political
theories initially advanced by the ancient Greeks. It was
Aristotle who referred to constitutionalism as "the arrangement
of the offices of a state". Based on that definition, every
state, no matter how badly governed, has a constitution, written
or not.

But the mere existence of a constitution does not represent
constitutionalism. That is because a constitution to be respected
as viable and democratic, must fulfil certain necessary
conditions.

? A constitutional government must, first and foremost, be
"representative". The people must decide who is to lead them, and
those in office must conduct themselves as representatives of the
people.

? Second, enhancement of "individual nights or liberties" should
be a cornerstone

? Third, a system of "checks and balances" is required of any
constitutional government to deter against abuse of power.
Constitutional governments, therefore, typically divide power
between the legislature, executive and judiciary as well as
between the centre and the state provincial or local levels of
authority.

? Fourth, "simplicity" of form and of mod us operandi is required
so that the system can be understood by the people and not only
by the professional politicians, and in order that it avoid the
pitfalls and loopholes that are the bedfellows of verbosity.

? A fifth requirement is "procedural stability", meaning that
certain fundamental procedures of government must not be subject
to frequent or arbitrary intervention. Citizens must know the
basic rules according to which politics are conducted. Stable
procedures of government provide citizens with adequate knowledge
of the probable consequences of their actions.

? Sixth is "accountability". Measures must be in place to ensure
that those who govern consistently account for, and can be held
accountable for their actions on behalf of the governed.

? The final essential element of a constitutional government is
"transparency", as only through full openness and disclosure
about the affairs of government will the people be able to make
informed judgments and decisions on the future course of
governance.

Written constitutions provide a firm standard by which the
legitimacy of government action may be judged. In constitutional
democracies, accountability can be enforced through a great
variety of regular procedures, including elections, systems of
promotion and discipline, fiscal accounting, recall, and
referendum.

The accountability of government officials to the citizenry makes
possible the citizens' responsibility for the acts of government.
The most obvious example of this process of responsibility and
accountability is the electoral process.

In constitutional systems, as we have noted, powers of
legislation and enforcement are divided among executive,
legislative and judicial components, and the ability of any one
person to continue to hold power is subject to periodic recourse
through the electorate.

Constitutional democracy is, as its name indicates, based on (1)
a constitution, or basic law, and (2) the people's active
participation.

The essence of a constitution is that it formalises a set of
fundamental norms governing the political community and
determining the relations between the ruler and the people and
the interaction among the centres of power.

The "political party" is the other chief instrument of
constitutional democracy. It is the agency through which the
electorate is involved in both the exercise and transfer of
power. The party in a constitutional democracy is at once a means
of representing a mass electorate in the exercise of power and
also a device for the peaceful replacement of one set of power
holders with another.

In short, a constitution provides the starting point for the
pursuit of democracy and the building of good governance.
     
Those of you who have been following developments in Thailand can
see that our current economic crisis is a result of the weakness
in Thailand's political structure. We face an erosion of faith
and confidence in our political institutions that needs to be
addressed urgently for the continued advancement of Thai society.

The political reform process that has been initiated provides
Thailand with an opportunity to-take the first step in laying the
foundation for true democracy and good governance.

For the last eight months, I have been engaged intensively in the
process of drafting a new constitution for Thailand, a process
that-I am happy to report has been marked by its openness to
public participation and debate.

As some of you may know, Thailand has the dubious distinction of
having had 15 constitutions since the inception of its
constitutional monarchy 65 years ago. Some of these constitutions
have been discarded as a result of coups d'etat, some have been
distorted through ill-advised amendments. The common feature of
al 1 these 15 constitutions is that they have all been drafted by
those in power, and not through any process of consultation with
the people.

As a result, these constitutions have not been respected, nor
have they ensured good governance. We aim to change that. Taking
into account the guiding principle that T have referred to
earlier, the Constitution Drafting Assembly of Thailand. during
the course of-the past eight months was engaged in an intensive
process of dialogue with the people in the preparation of the
draft constitution to ensure that it addresses the concerns of
our citizenry.

People's participation in the process of decision-making has been
an important Concept in the political reform process. We feel
that it is necessary to instill a sense of ownership among the
people of this important social contract between the state and
the people.

There is no political system in the world that can claim
legitimacy that was not in some sense based on "the will of the
people". This is the first time in Thai history that the people
have the right to contribute to this important process. We hope
to have a government "of the people, by the people and for the
people".

But I must emphasise here that the adoption of an enlightened
constitution represents only an initial step to the goal of
stabilising democracy in Asia. For democracy to function
effectively in Asia, we must also address the fundamental
socio-economic problems prevalent in Asia.

The first is to eradicate absolute poverty. Every one of
Thailand's citizens deserves the opportunity to achieve an
acceptable standard of living. Any obstacle in the way of such
opportunities, whether constitutional or extra-constitutional,
must be removed. This is axiomatic in any political system that
claims to call itself a democracy.

It is also a precondition for sustainable democracy. As has been
most evident in modern Thai history, poverty is an invitation to
one of the easiest steps to authoritarianism: vote-buying. We
must reduce the demand for vote-buying through reducing the level
of poverty in our countries. Otherwise, vote-buying will continue
to compromise the integrity of our electoral process. Asian
governments thus need to pursue "growth with equity" and bridge
the gap between rich and poor.

Secondly, we must provide our people with the education, skills
and opportunities to enable them to function effectively in
society and secure a livelihood. Experience has shown that as a
peoples' income rise and their horizons broaden, they will more
likely demand the right to participate in government and to enjoy
full protection under the rule of law An informed electorate that
is politically aware, knowledgeable and committed to democratic
principle is the key to good governance.

Thirdly, we must develop civil society. The Philippines has led
the region in this respect and provides a valuable role model for
the rest of Asia. The contribution of non-governmental
organisations to national development has been commendable. The
Philippines's respect for freedom of speech and the press should
be the norm for the region.

The road to democracy is long and arduous, especially for
countries which have long suffered economic disadvantage. It is
claimed by some in Asia that democracy is economically
inefficient and that "enlightened authoritarianism" is a more
effective means of generating economic growth. Some go so far as
to say that this is a basic Asian value, to be cherished and
nurtured. This to some degree may be true. I would, however, like
to express a word of caution here. While a strong hand may guide
a nation out of hardship, even the most compassionate
authoritarian leader is likely to be vulnerable to the corrupting
influence of Power.

Asia today faces a moral dilemma. Constitutionalism is being
questioned by powerful voices, often acting in what they believe
are the best collective interests of the people. It has been
implied that constitutionalism is antithetical to Asian values,
that is an alien intrusion carrying the seeds of chaos.

Yet it is my contention that constitutionalism is the key to law
and order in the best sense of that term. Strong and effective
leadership in this region must be based on the will of the people
and must respect individual freedom. Only through
constitutionalism can this region hope to sustain its moral
integrity, and thus its vigorous progress, into the coming
millennium.

I should like to conclude this address with a modest proposal. I
propose that each Asian state establish an independent body,
representative of the people, to review its national
constitution. That review would assess the extent to which the
constitution fulfils the seven requirements of constitutionalism
that I have outlined here. I would propose means whereby
constitutional reforms might be pursued to ensure the full and
free participation of all the people in the life of the nation.
By that means Asia would come to lead the world in our continuing
struggle for law, and for order.

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