Thammasat University law lecturer Prinya Thaewanarumitkul said the constitution was very similar to charters imposed by previous military regimes except in clauses prescribing human dignity. But he claimed these clauses contradicted many CDR announcements that remain enforceable. According to these announcements, people are barred from attending any political gathering with more than five participants, and the CNS is empowered to give advice on all matters relating to the country's affairs. The CNS also has a mandate to choose members of the Constitution Drafting Assembly and to issue more orders whenever it deems appropriate. Prinya said these announcements meant people did not really enjoy freedom and that the CNS would continue to hold power.

Prinya voiced concern about some of the interim charter's 39 articles, as follows:

Article 3 states: With the provisions of this Constitution, the human dignity, rights, liberty and equality of Thais, which have been protected in accordance with Thailand's ruling practice in the democratic regime of government with the King as Head of State, shall be protected by this Constitution.

Prinya said this article clearly contradicted many CDR announcements. "Coup orders are equivalent to Acts," he explained. He said legislation by Parliament was needed to annul the orders. The CDR had issued several announcements or orders that affected people's freedom, such as imposing martial law and banning political gatherings, he added. "Such announcements must be annulled," the lecturer said.

Article 32 states: In the event that the Constitution Drafting Assembly fails to complete drafting by the deadline as mentioned in Clause 1 of the Article 29, or that the Constitution Drafting Assembly does not approve the constitution draft as in Clause 2 of the Article 28, or that a majority vote by people at a referendum disapproves of the constitution draft, the Constitution Drafting Assembly shall expire.

Upon such expiration of the Constitution Drafting Assembly, the National Assembly and the Council of Ministers shall convene meetings to select any previous constitution of the Kingdom of Thailand and revise it for use within 30 days since the referendum votes against the constitution draft by the Constitution Drafting Assembly. When the revised constitution is ready, it shall be presented to His Majesty the King for endorsement, after which it shall take effect as the Constitution.

When the National Assembly and the Council of Ministers meet for the aforementioned purpose, the Chairman of the Council for National Security shall be the chair of the meetings.

If the Constitution is endorsed through such article, the Prime Minister shall countersign the royal endorsement.

Prinya said this article should be more specific about which constitution relevant authorities should select for amendments.

"The Constitution of BE2540 is the best one we have. So it should be clearly stated that relevant authorities shall amend the Constitution of BE2540 for use, if necessary circumstances - as stated in Article 32 - arise," he said. He said the Constitution of BE2540 (1997) contained the fewest flaws compared with other charters.

Article 34 states: For the purpose of maintaining public order and national security, there shall be the Council for National Security consisting of members as stipulated by the 24th announcement of the Council for Democratic Reform dated September 29, BE2549.

The Chairman of the Council for National Security appoints no more than 15 members of the Council for National Security.

The leader, deputy leaders, members, secretary-general, deputy secretary-generals of the Council for Democratic Reform shall be the Chairman, Deputy Chairmen, members, secretary-general, and deputy secretary-generals of the Council for National Security respectively.

In the case that the Chairman of the Council for National Security is absent or cannot perform his duty, a Deputy Chairman of the Council for National Security shall perform the duties of the Chairman of the Council for National Security in line with the order of the Deputy Chairmen. And in the case that the Chairman and Deputy Chairmen are absent and cannot perform duties, members of the Council for National Security shall select a member of the Council for National Security to perform the duty of Chairman of the Council for National Security.

When deemed necessary, the Chairman of the Council for National Security or the Prime Minister can request a joint meeting of the Council for National Security and the Council of Ministers to jointly consider and solve any problem related to the keeping of law and order and maintaining of national security as wall as to hold occasional consultations on any other matter.

Prinya said this article clearly suggested that the CNS would not actually be out of power. "As the CNS can play the role of an adviser, they still wield power," he said.

Article 36 states: All announcements and orders issued by the Council for Democratic Reform or orders of the leader of the Council for Democratic Reform dated from September 19, BE2549, to the promulgation of this Constitution will remain in effect for the legislation, the government and the judiciary. Every enforcement of the said announcements and orders before or after the enactment of the Constitution are considered legitimate and in accordance with the Constitution.

Prinya said this article gave the CDR the mandate to issue more orders whenever it wanted without breaching the Interim Constitution.

"Look at the clause 'Every enforcement of the said announcements and orders before or after the enactment of the Constitution are considered legitimate and in accordance with the Constitution'. This means the CDR [now the CNS] can still issue more orders if it wants," he said.

He said this clause reminded him of Article 17 of a charter used during the government led by Field Marshal Sarit Dhanarajata, which gave a mandate to the prime minister to virtually do anything.

Articles 21-25 of the interim constitution describe how members of the Constitution Drafting Assembly are selected. While these articles allow the 2,000-member National Confederation to shortlist 200 nominees, the CNS selects and appoints 100 members from these nominees. Prinya said the CNS should not have played a role in the selection process. "Why isn't the National Confederation allowed a free hand in selecting members of the Constitution Drafting Assembly?" he said.

The lecturer also said Article 25 required the Constitution Drafting Assembly to select 10 experts based on advice from the chairman of the CNS.

Chularat Saengpassa