"Even if our draft is better than the 1997 version there are factors that may enhance or reduce the chance during the referendum. Business people, big and small, privately fear a recurrence of the economic crisis like in 1997 - but they don't say it in public - while the prime minister is passing the buck to the CDC to do their best by not talking about other factors. It's making the acceptance of the charter rather difficult," said Prasong.

Two major issues debated yesterday included minimum education provided by the state and whether decentralisation should extend to the election of provincial governors or not.

Opponents of the 12-year education provision say the government neither has the money nor the ability to provide quality education.

"Do not write something nice that cannot be translated into reality," said drafter Sriracha Charoenpanich. "There are 200,000 to 300,000 people with university degrees but they are not capable. Why do we need it? We drafters are mutant and managed to escape from such a predicament, but for majority of the people it's problematic."

Prasong was swayed by Sriracha's view, but after the chairman of the Constitution Drafting Assembly (CDA) chairman Noranit Setabutr intervened and warned drafters not to reduce the rights and welfare of citizens from the level provided by the 1997 charter, the meeting decided to stick with the minimum 12 years' education service.

"Please be careful because people throughout the country stand to gain from it," said Noranit.

Fear of the Deep South declaring independence from the central government sank the proposal for giving rights to local people to elect their governors.

However, Chuchai Suphawong, chairman of the drafters' subcommittee on rights and liberty, warned that the trend towards devolution is unstoppable.

He added that local communities faced many problems such as environmental degradation and exploitation due to centralised decision-making.

The meeting was also divided over whether to honour international treaties signed by the Thai government as being regarded as automatically recognised by Thai law, without passing organic laws. The issue will be further discussed in the next round.

Human Rights lawyer Pairoj Polpetch, who was observing the debate without the right to speak, told The Nation he's concerned the issue would eventually be discarded and issues such as housing rights, universal social welfare, and land reform would remain illusive. "It's a very important issue," said Pairoj.

On press freedom, politicians will be barred from owning or holding shares in a media business. It was also agreed to curb cross-media ownership by some media business empires, with specific details to be discussed further.

Children's rights will be increased while savings for retirement will be encouraged.

Also agreed for inclusion was the protection of "whistle blowers" by the state; reducing the minimum number of citizens required for pushing for a new law and impeaching politicians from 50,000 to 20,000 and giving more power to Parliament to scrutinise important international treaties such as free-trade agreements.

A community's right to launch legal lawsuits against the state will be recognised and inheritance tax will be introduced.

The charter drafters, who are meeting here for the whole week, are trying to come up with agreed principles for the charter in order to get the first draft ready by April 19, though the preliminary agreements this week are still subject to possible revision and reversion.

Pravit Rojanaphruk

The Nation

Cha-am, Phetchaburi