"At this juncture, I have no answer as to when martial law can be lifted," Surayud said, dampening hopes that it would be lifted before the 21 leaders of the Asia Pacific Economic Cooperation meet.

Surayud said his government was empowered to end martial law but had to consult the Council for National Security (CNS) before finalising its decision.

"This is not about passing responsibility," he said. "The government deems it appropriate to await the security assessment from the CNS." The enforcement of martial law is a matter of national security, he said.

Commenting on his meeting on Monday with US Ambassador Ralph Boyce, he said he understood Washington would not raise objections to martial law even though it viewed the military coup as undemocratic.

National Security Council secretary-general Prakit Prachonpacha-nuk said the Cabinet did not debate the issue of martial law yesterday but would do so at an appropriate time.

Security officials said the government was reluctant to lift martial law after detecting suspicious political activities in the North and the Northeast.

They also cited intelligence reports anticipating political tension during the Constitution Tribunal's judicial review of alleged electoral fraud.

The court battle started yesterday and might lead to the dissolution of the Thai Rak Thai Party if it is convicted of bankrolling small parties to contest the April 2 vote.

Defence Minister Boonrawd Somtas said the CNS still viewed the situation as fragile and that the country required martial law.

"As long as the CNS deems it necessary to enforce martial law, the government will not cancel it," he said.

Opinion polls indicated most people had no objection to martial law because curbs on basic rights had been eased, he said.

Boonrawd said martial law was meant to ensure national security, including the prevention of subversive activities. Draconian security measures are expected to safeguard the process for restoring democratic rule, he added.

He dismissed speculation about the possibility of a second coup to overthrow the CNS.

Thai Rak Thai Party spokesman Sita Divari said any delay to end martial law would fuel public discord. Authorities had no justification for prolonging martial law and doing so would likely trigger a rise in subversive activities, he said.

Suriyasai Katasila, secretary-general of the Campaign for Popular Democracy, said martial law was proof that both the government and the CNS were too incompetent to handle political subversion.

In another development, the Isaan Human Rights Network issued a statement demanding that the public be involved in the drafting of the next constitution.

"The new constitution should aim at empowering the people and lessening state power," network representative Chusak Roypila said.

Chusak suggested the use of the 1997 Constitution as model and said his network would sponsor the writing of an alternate charter to be presented for review by the Constitution Drafting Assembly.

The network's statement was released as part of a public hearing in Khon Kaen organised by the National Human Rights Commission.

The commission is soliciting views on the new constitution from across the country. Its next hearing will take place in Bangkok on December 8 and 9.

Piyanart Srivalo

The Nation