A few progressive suggestions such as better protection for unions have been dropped.

Although the freedom to peaceful and unarmed assembly was upheld, a proposal to put in writing that a state demonstrator "must be protected by the state" in Article 62 was rejected.

Restriction of the right to assembly will also be subject to a prohibition law that is specifically enacted "to maintain public peace and order" or in the case of "emergency, or when martial law has been declared".

The Constitution Drafting Committee (CDC) had to remove "war" as a reason for prohibiting the right to assembly, while moderate members of the Constitution Drafting Assembly (CDA) insisted that citizens should have the right to protest against unjust laws.

Heated debate also took place over the public's right of access to information. The CDC had to withdraw the proposal to limit the right of access to information or the Information Act "if it affects international relations".

The withdrawal came after draft writer Suphot Kaimuk failed to convince the majority of the joint house that "national security and international relation are inseparable".

Those opposing it say that if included, future free-trade agreements will be done in secrecy without the public having any information. CDA member Chirmsak Pinthong said denying the right of access to information has become a norm instead of an exception.

Even with such a withdrawal, many exceptions still exist in the draft article.

The right of access to facts or public information can still be legally denied if the disclosure of such facts and information might "jeopardise the security of the State, public safety, or the interests of a person or persons who should be protected".

CDA member Surachai Liengboonlertchai failed to convince his peers that those forming unions and other organisations under Article 63 "should receive protection from threat and interference" and that the state should "strengthen" such bodies.

In a positive move, Article 58 of the draft charter, which guarantees that a person shall have the right to lodge a complaint and get a response "within a reasonable time", has been made more concrete and the wordings "within a reasonable time" were replaced with "quickly".

Article 60 guaranteed that a body independent from the state but supported by the state shall be instituted to protect consumers.

On the issue of community rights, pro-business groups tried but failed to make it harder for communities to exercise their rights over their land and natural resources.

Pravit Rojanaphruk

The Nation