A de-facto amnesty was given to the September 19 coup makers in the new constitution but a proposal to prevent future governments from privatising state-owned public utilities and re-nationalising those already privatised was dropped during the last day of out-of-town drafting of the new charter yesterday.

Members of the Constitution Drafting Committee (CDC) told the press after their half-day

private meeting there was no

mention about granting amnesty to the coup makers in the new charter.

But, they came up with Article 299, which states: "Whatever

has been recognised under the Thai (interim) constitution of 2006 to be legal and constitutional, including all actions

related to the incident be it before or after the promulgation of this constitution, will be

legal under this charter."

While the new charter limits

the power of politicians and

adds a number of legal controls, nothing was done to rein in the increasingly adventurist military, whom many suspect will try to hang on to power, and increase their power base, after the election and may even stage more coups in the future.

When asked what had been put into the new charter to rein in the generals, Prasong Soonsiri, chairman of the drafting committee merely said:

"I do not think the military will interfere with politics in the future. If those in politics didn't interfere with the military these public servants would correctly and justly carry out their work ... those on the political side shouldn't mess with them."

General Panthep Phoowanartnurak, a figure close to the junta, visited Prasong in Bang Saen on Monday evening and shared a breakfast chat with him again on Tuesday - just minutes before the yesterday's closed-door meeting and voting got underway.

Panthep told Prasong in front of reporters that he had come to offer his "moral support" to the committee's chairman.

Meanwhile, Prasong said the new charter would grant more rights and liberty, as well as enable people to better participate in the democratic system. It would reduce the monopolistic power of the state, he claimed.

The drafters have also introduced articles that require politicians and bureaucrats to be "moral and ethical".

The charter would also make possible greater scrutiny of the so-called independent organisations and the various courts of law, including how they were selected, he claimed.

Although some drafters wanted the new charter to stop future administrations from privatising public utilities, the committee decided in secret yesterday against such a proposal.

"Privatisation has been the policy of all governments," said committee speaker Pisit Lee-artham, "whether the government will explain it to parliament or not depends on future administrations. The new charter will not bar governments from privatising public utilities."

A "provisional" provision under the new charter will enable a junta-appointed Cabinet as well as the junta-appointed National Legislative Assembly to carry out their duties until a new parliament is elected, the Senate appointed, and a new Cabinet formed after the election, scheduled to be held in mid-December.

Commissioners and heads of the so-called independent organisations under the 1997 constitution, such as the Election Commission and the National Human Rights Commission, will also carry out their duties until their term expires.

Drafter Choochai Suphawongse told the media that public opinion and feedback would be taken into consideration now that the first draft was being completed and further amendments were possible before the referendum.

"It doesn't mean the draft will necessarily stay this way," Choochai said.

Pravit Rojanaphruk

The Nation

Bang Saen, Chonburi