Civil society has given the thumbs down to the Meechai draft charter saying it revokes the rights and liberties enshrined under previous constitutions, with some NGOs threatening to vote against it during the referendum if the draft is not changed.
Ronnachai Chainiwattana, coordinator for the Reinforcement Institute for Communal Resources Management, said there were many "democratic deficiencies" in the would-be 20th constitution drafted by the Constitution Drafting Commitee (CDC) chaired by Meechai Ruchupan.
He singled out the clause allowing for a non-elected prime minister to take the helm of the nation as being particularly anti-democratic.
"Structurally speaking, if political leaders are not accountable to the people, how will it [the charter] guarantee future governments will listen to grievances and community problems?" he asked.
Mr Ronnachai was speaking at a discussion among non-governmental organisations (NGOs) yesterday on how to respond to the draft revealed by Mr Meechai on Friday.
"If the drafters do not take heed of the people's voice, we shall vote 'no' at the referendum," he said.
Most NGOs, however, felt that it was an individual choice whether to vote 'no' but they would expose the flaws to the public nationwide.
Phairoj Pholphet, a former member of the Law Reform Commission of Thailand (LRCT), said the CDC hoped to address the problem of corruption but proposed to deprive the people of what should be their guaranteed basic rights.
"This draft charter only strengthens state authorities and reduces people's power. Community rights should have been maintained in the new charter in determining economic development, conservation and restoration of traditions," said Mr Phairoj, now adviser to the People's Reform Council.
Parkpoom Witantirawat, a People's Reform Council strategist, stressed the importance of a direct vote by the people in electing MPs and senators.
"It's wishful thinking that once we give independent organisations all the power, the corruption malaise will be resolved," said Mr Parkpoom.
Sunee Chaiyarose, a former LRCT member, said the draft is a backward charter as it proposes to spell out people's rights in later legislation.
"By putting in the clause 'these rights will be specified in the law later', the draft reverses everything that was done to rectify the flaws of the 1997 constitution," said Ms Sunee, referring to community rights enshrined in the 2007 constitution, which is seen as more progressive.
She also noted the latest draft charter has minimised the importance of gender diversity on local, regional and national administrative bodies.
Mr Phairoj said bodies intended to maintain checks and balances, including the National Anti-Corruption Commission and the Constitutional Court, would be run by a small group from the judiciary under the new draft. "This will let judges meddle with the administrative and political realms," he said.
The draft also proposed turning the National Human Rights Commission into a government agency to diffuse human rights allegations instead of evaluating or proposing prosecution of those violations.
Buntoon Srethasirote, executive director of the Good Governance for Social Development and Environment Institute, said the drafters' ultimate concern is to minimise the power of political parties and in the process scale back the rights of Thais.
"The previous draft maintained the rights enshrined in the 1997 and 2007 constitutions and added rights to health and environment. But this draft will weaken labour rights, community rights, people's rights to launch a bill, and undermine consumers rights and community rights on resource management," said Mr Buntoon.
Veerawat Dheeraprasart, chairman of the Toward Ecological Recovery and Regional Alliance, said the charter was a licence for rights violations.