There will still be hope for the future of Thai democracy if the public rejects the junta-sponsored draft constitution and calls for the revival of the 1997 People's Constitution, national human-rights commissioner Jaran Ditha-apichai said.

"A growing number of people are now saying they will reject the draft charter because it is undemocratic and has hidden motives. The referendum will determine the future of Thai society, whether it regresses or not," said Jaran, speaking at a symposium about the future of Thai society organised by the newly formed People's United Front Against Coup, which is composed of some 20 groups of various shades of opinion who oppose the junta.

Thammasat University law lecturer Prasit Pipawattapanich said the September 19 coup had been the "original sin" which tainted the draft charter and made it illegitimate. "The Constitution Drafting Assembly can redeem itself by rejecting the draft charter," he said.

He said the Council for National Security (CNS) should acknowledge that the constitution had in fact become the lowest law of the land since it had been repeatedly nullified after numerous coups in the past. "To still call it the highest law is play-acting."

He said those supporting the coup had made it clear they believed in the rule of the bullet and not the rule of law. "This is backward," he said. "Thais cannot distinguish between the rule of law and rule by law, in which the law may not be just."

Prasit attacked article 299 of the draft constitution, which he said offered de-facto amnesty to the junta well into the future.

"Until the principle of civilian control of the military is established, more coups will occur in five or 10 years, because it has become an instant remedy. These lawbreakers are never really tried for treason."

Anti-coup leader Weng Tojirakarn urged the CNS to respect people's rights to express their views, both through the media and by demonstrations. He condemned the recent crackdowns on a community radio station which interviewed deposed prime minister Thaksin Shinawatra and the arrest of a pro-Thaksin supporter in Chiang Mai. "Have they ever insisted that they will defend differing opinion? I think they come from hell," said Weng, who also called for martial law to be lifted in more than 30 provinces.

Yesterday morning the group organised another symposium on the legacy of the May 1992 uprising. Somchai Silpapreechakul, dean of the faculty of law at Chiang Mai University, said those involved in the struggle back then who now supported the CNS and the latest coup were wrong to consider the end of ousting Thaksin more important than the means.

Voradul Tularak, a social activist from the Local Development Institute, said the May uprising had failed to redefine the power relationship between the military and the administrative branch. Another speaker, Choowat Rerksirisuk, editor of online newspaper prachatai.com, said that by supporting the coup the elite had proved itself incapable of accepting an egalitarian society.

Somphob Rattanawala, a Nation Channel television producer, said many who were

killed during the May uprising had been from the working class and had not even had a chance to say what kind of democratic society they wanted, while those claiming the legacy were abusing it by supporting the current junta.

Last night some 500 anti-coup protesters led by the United Front marched to Democracy monument to remember the May Uprising and to oppose the junta which staged the coup eight months ago.

Pravit Rojanaphruk

The Nation