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Opposing political forces campaigning for and against the proposed constitution in next month's referendum must be given a free hand to persuade people, but coercion in all forms must be outlawed. As the National Legislative Assembly (NLA) is set to finalise the proposed constitution this week, opposing political forces have already set their sights on the showdown over whether to accept or reject the charter in a referendum in August. One of the most controversial issues being debated is how the referendum should be conducted to ensure fairness and to ascertain that any new charter to emerge from the process reflects the will and aspiration of the majority in this country.

The campaign for a Yes vote, led by the Council for National Security (CNS), the interim government and the NLA has already launched a publicity blitz in state-controlled broadcast media as well as in newspapers to try to persuade people to vote for the constitution, which has yet to be passed by the NLA. The campaign for a No vote, by groups that hold different ideologies from pro-democracy activists to anti-military protesters, has also kicked off its effort to try sway public opinion against the charter.

The CNS and military-appointed government and NLA have clear incentive to get people to vote Yes to the constitution because they are the ones who have been actively involved in its creation. If the charter is accepted in the plebiscite, the junta can then justify the coup that ousted elected but corruption-prone prime minister Thaksin and claim credit for honouring its promise to implement political reform and restore democracy.

According to the Yes campaign, the proposed constitution contains new provisions and extensive amendments to plug several loopholes in the 1997 constitution, which was abrogated when the CNS led by Gen Sonthi Boonyaratglin seized power on September 19, 2006. The Yes camp says the proposed constitution is a major improvement over the previous one in that it seeks to enhance citizens' rights, restrict the power of the state and ensure effective checks and balances between the administrative, legislative and judicial branches of government, among other things.

The campaign for a No vote says the proposed constitution should be rejected in its entirety because the CNS seized power through illegitimate means. To this camp, it follows that any subsequent action taken by the CNS, including the appointment of the Surayud government and creation of the NLA, along with the constitution-drafting process was illegitimate. They also express strong suspicion that the proposed charter has been rigged in such a way that will allow the military to dominate national politics and undermine the future democratisation process.

Both sides are doing their best to engage members of the public and try to convince them to climb on board in the run-up to the referendum. Such contentious public debate is not a bad thing because it gets many people who wouldn't otherwise be bothered to think about the constitution - and what it can do to a Thailand that is struggling to regain democracy - to really think about important issues. These issues include the role individual citizens can play to ensure the sustainability of the government of the people, by the people and for the people. It is difficult to predict the outcome of the referendum.

If the proposed constitution receives a Yes vote, a general election will be held as scheduled in late November or December. But if the charter is rejected in the referendum, the junta is required by the provisional charter now in force to pick up one of the previous constitutions, have it revised and then promulgated in 30 days in order to meet the deadline for a general election to be held by the end of this year.

Although the NLA has yet to finalise the referendum law, it can be safely assumed that citizens of Thailand who are eligible voters should have the right to participate in the referendum, and that any direct or indirect restriction of this right to take part must be prosecuted by law. In addition, opposing political groups must also be guaranteed the right to freely campaign either for or against the referendum.

A Yes or No vote on the proposed constitution in the referendum must be respected as the voice of the people.