As we observe Constitution Day and International Human Rights Day today, it is fitting to remind the Thai people that the popular 1997 charter was annulled by the September 19 coup. Now the prospect of getting the same level of liberalism in the new charter is in doubt.

The initial list of 2,000 proposed charter drafters to make up the national People's Assembly will be made known soon. Weeks after this, their number will shrink to just two hundred after they vote to select the candidates for the charter-drafting committee from among their number. The Council for National Security (CNS) will then choose 100 of these candidates as the drafters of the new constitution. The charter drafters will have to complete the new constitution before the end of next year. A general election will then be held and democracy will return to Thailand along with restored international standing.

If everything goes as planned that is.

As of now, nothing can be said for certain regarding the charter's drafting. Anything can happen from now on, although the hand-picked drafters should know exactly how to proceed with their job. Looking back, the drafting of the 1997 constitution was done in a democratic fashion, with nearly one million inputs from people from all walks of life engaged in consultations over the space of a year. This made the now defunct charter one of the most amazing political documents produced since Thailand changed over from absolute to constitutional monarchy.

It is hoped that when the drafters begin to write the country's new constitution, they will keep the public interest in mind. Liberty and the protection of human dignity must remain the core of the new constitution. Without this the exercise will be futile. Worse, it will make a mockery of our democratic development so far.

The new charter will also address the nature of constitutional monarchy in more definitive terms. Ambiguities that appeared in the previous constitution can be avoided if the drafters learn from the lessons of the past. For months, the Thai people were engaging in campaigns urging the monarchy to intervene in politics, something that the monarchy refused to do. But as it turned out, the call for the exercise of royal power several months preceding the coup was rather unusual in the context of Thai political history. It helped to demonstrate how the Thai people feel towards the revered King, who turned 79 on Tuesday. It is incumbent on the drafters to assess the mood and prerogative of this important institution. Failure to reflect on the monarchy's role and the reality that we live in would have a far-reaching impact on the future of Thailand and its political structure.

Following the September 19 coup, there was a blip of hope that the interim government would proceed quickly to find the culprits behind the disappearance of Muslim lawyer Somchai Neelaphaijit, who went missing in March 2003. There have been several investigations, but very little progress has been made. It is an open secret that men in khaki uniforms were involved in the disappearance.

After the military coup, Army chief Gen Sonthi Boonyaratglin revealed that the lawyer had indeed been murdered by people in uniform. This confirmed a long-standing suspicion that Somchai had been killed for revealing that his clients, suspected Thai Muslim insurgents from the South, were tortured while in police custody.

The Somchai case reveals the wrongdoing of Thai authorities. It is hoped that the process of constitution drafting over the next several months will be transparent and comprehensive so that Thailand can move forward in its political development. The new charter should herald a new era of Thai politics that is more democratic, respects the people's rights and has far less cronyism.