Several points of concern, which could spell doom for the new constitution, are being raised even before the drafting of the charter has officially begun.

The 35-member Constitution Drafting Committee is to be officially endorsed by the Constitution Drafting Assembly (CDA) today before it can elect a panel chairman and begin the drafting process.

But concerns have already come up, including the fear of selection of an unacceptable panel chairman, inconvenient rules for CDA members to improve the draft and worries that the draft would be eventually voted down in a public referendum.

A leading political action group, the Campaign for Popular Democracy (CPD), voiced concern yesterday that the Council for National Security (CNS) might push for one of its men to head the drafting panel to control the outcome of the draft.

Somkhuan Promthong, deputy secretary-general of the CPD, said the drafting panel should make sure that a CDA member is selected as chairman to make the draft more acceptable to the public.

The 25 panel members were selected from 100 CDA members and 10 other members were appointed by the CNS.

Somkhuan said if one of the CNS's 10 nominees was made chairman of the drafting committee, the panel could be seen as a front for the CNS.

"The old power clique may stir up public feelings against the new charter to the level that it could be rejected in the referendum," Somkuan said.

The referendum itself has triggered a debate. While some CDA members suggested there should be a law to make it mandatory for voters to cast a vote in the referendum over the new charter, a former charter framer disagreed.

Kanin Bunuwan, a framer of the 1997 charter, said it would be inappropriate to require voters to take part in the referendum to issue a law.

He said a law could not be enacted for just one use and the law would have to remain for future referendums. He said if a law was issued for the referendum, it would have to set penalties for people who do not vote in the referendum.

Kanin said people should have their right to choose not to go to polling stations to cast their vote in the referendum.

He added that the interim constitution made it clear the CDA would issue regulations for the referendum, so there should be no specific law for it.

Kanin also suggested the charter drafters should ensure the draft would be acceptable to the people so that it would not be voted down.

Wutthisarn Tanchai, a CDA member, said yesterday that there should be a new law for holding the referendum so that penalties could be meted out if laws pertaining to the referendum are broken.

Wutthisarn said a law could be enacted specifically for the charter referendum.

He admitted he was worried that only one or a few points in the charter could prompt people to vote down the draft charter.

Also yesterday, CDA member Chirmsak Pinthong said the interim constitution made it difficult for CDA members to amend the draft made by the drafting panel.

The interim constitution requires that a motion seeking to amend the draft by CDA members needs to be endorsed by at least 10 CDA members, and one CDA member can endorse only one motion.

As a result, Chirmsak said he would form a group of 11 CDA members to study the draft and submit a motion to seek several points of amendments in one go.