Bangkok, Thailand – The almost month-long Senate selection process in Thailand began last week, amid claims that the system is biased towards the conservative establishment, with legal threats against the opposition threatening fragile steps towards democracy.

After the 2014 coup, the Thai military appointed 250 senators to the upper house to curb significant political reform as the nation transitioned back to democracy. Following last year's election, these senators blocked the Move Forward Party (MFP), despite it securing the most seats in parliament and the largest share of votes.

The Senate’s involvement in selecting the prime minister is temporary, as is the military's direct appointment of senators. This month, 200 new senators are being chosen among industry leaders through a complex weeks-long process where only registered candidates can vote.

Candidates must be over 40 years old, possess 10 years of experience in their field, not belong to any political party, and pay a 2,500 baht ($68) registration fee. Ten candidates will be chosen from 20 occupational groups including government, law, education, arts, and women's affairs. Final voting happens on June 26, with results on July 2.

“The new senators will have two crucial roles,” said Thitinan Pongsudhirak, professor and senior fellow at Chulalongkorn University. Constitutional changes require one-third of the 200 senators, and they will oversee appointments to the Election Commission and Constitutional Court.

The current constitution, enacted under military rule in 2017, faces increasing calls for amendments or replacement. The Election Commission and Constitutional Court have historically dissolved pro-democracy candidates and parties.

Recently, they targeted MFP. The Election Commission suggested the Constitutional Court dissolve MFP due to its push to reform the controversial lese-majeste law, which criminalizes criticism of the monarchy. The Constitutional Court's decision is expected on Tuesday. Previously, it ruled MFP’s reform attempts were akin to attempting to overthrow the monarchy.

According to Thitinan, the Senate remains "fiercely contested." “Conservatives, including the Election Commission, will likely act to ensure the Senate remains resistant to progressive voices altering the constitution,” he said.

The legitimacy of the Senate selection itself is being questioned, with the Constitutional Court set to rule on its legality on Tuesday morning.

Ruchapong Chamjirachaikul from legal advocacy group iLaw believes the process is "neither fair nor democratic" by design. His team has reported irregularities like former generals registering under the agriculture sector and candidates being offered money for votes.

‘Tainted’

June, a 26-year-old helping progressive candidate Nongyao Nawarat, criticized the "unfair selection system" that excludes young people. This, she argued, reveals the establishment's fear of youth movements and their reform demands.

Progressive activists have rallied grassroots support, urging sympathetic individuals to register as candidates to counter conservative maneuvers. “Conservatives spend more money, but I believe in our side's power,” June noted. However, countering conservative strategies requires encouraging contacts to vote for others, yet the progressive approach remains “open and transparent”.

Chamjirachaikul highlighted the need for transparency at public events where candidates lay out their democratic principles and vision. Despite no expectations of winning, candidates must register to vote for someone sharing democratic values.

He stressed the Senate’s lack of representation and accountability, which already “taints” its reputation from years of acting as a military proxy. “With no clear representation or accountability, unlike MPs faced by their constituencies, new senators answer to no one,” he pointed out.

Nonetheless, Thitinan believes the next Senate, despite these issues, will be more representative than the previous military-appointed one. This aligns with modest reforms since last year's election, which saw a coalition between pro-democracy Pheu Thai Party and conservative factions.

Chamjirachaikul questioned the necessity of a Senate, advocating for an open debate on its relevance. “We've seen enough of the Senate,” he asserted.

June affirmed that youth activists would persist in advocating for change, regardless of establishment efforts. “We are the new generation. We will strive to improve this country, even if gradual,” she concluded.