A leading member of the Constitution Drafting Committee (CDC) warned yesterday that big business, top bureaucrats and the elite may control the drafting of the new charter to protect and advance their interests - so the media and public should keep a close eye on the process.

"The media must help to ensure that there'll be no hidden interests. They must pay attention to the allegation that [the process] is dominated by the bureaucracy, big business and aristocrats," Choochai Supawongse, fourth deputy chairman of the CDC, told reporters.

It was the first sign of serious doubt about the drafting process from within the committee.

"Do not trust the Constitution Drafting Assembly. Do not trust the Constitution Drafting Committee. Do not even trust me," said Choochai, who has become increasingly disillusioned by issues like community rights being postponed for further discussion and the fact that the CDC will reserve the right to discuss or vote in secret when it meets in Bang Saen early next month.

"I don't think the voting has to be secret. In fact, I believe it should be put on record for history's sake," said Choochai, who chaired the CDC subcommittee on rights and liberties.

Choochai said it was necessary to be transparent and that the media and public had the right to know about voting on various divisive and controversial issues, given growing public doubt.

"Some drafters told me that by casting doubt I'm being distrustful of others ... I think I'm making more enemies," he said.

CDC chairman Prasong Soonsiri decided yesterday that experts enlisted to help the constitution drafters would not be needed at the week-long meeting in Bang Saen, Chon Buri, and that some of the discussions and voting may be held in secret, without any media present.

Choochai alleged that big business, such as one of the Kingdom's top beer and spirit producers, was being represented by a member of the drafting process in order to protect and advance the group's interest. This was to the detriment of community rights to distil home-brewed rice wine.

"This liquor giant is monopolistic. They gave money to government officials so that they would arrest villagers, while the business kept on enriching itself enormously through the alcohol business. It leads to huge corruption. How could this be happening?" he said.

Choochai was recently asked to withdraw similar remarks by charter drafter Pairoj Phromsarn, who admitted being an adviser to the corporation - but only on agricultural matters. "This monopolistic power ... is destroying communities and it is determining the policy [of the state], including joining the drafting process of the charter," Choochai said yesterday.

"I'm not going to withdraw [my words]," he said, adding that he was merely attacking corrupt people without naming names.

Prasong had to intervene to end the dispute. He said that any form of so-called "local wisdom" practised by villagers that was considered illegal would naturally remain illegal.

One drafter who asked not to be named told The Nation that about three or four key issues that the CDC had earlier agreed to include in the draft were missing after the Council of State rewrote it.

"What was presented [this week] is not okay. Many parts contained a lot of details [that went missing] and a proposal was made only to have it presented differently. I think the 10 drafters [directly appointed] by the Council for National Security have redesigned it," the drafter said.

The drafter added that some rights under the new charter that had been agreed on previously had also "gone missing" in the latest stage of the drafting process. One such right is that citizens' rights under the new constitution should be upheld even if no organic law exists. "You can't let [such content] be lost," the source said.

Pravit Rojanaphruk

The Nation