Rights and freedoms remain intact and are fully enshrined in the draft of the new constitution, Constitution Drafting Committee (CDC) chairman Meechai Ruchupan says.
He insisted that the draft charter also provides better protection for community rights than previous constitutions.
He was responding to criticism that community rights are curtailed under the draft charter and that the draft does not stipulate how communities can concretely exercise their rights like the 2007 charter did.
Mr Meechai insisted that community rights are not left out. All rights and freedoms remain intact in the draft charter and they appear in six clauses of the draft.
He said the CDC studied the previous 1997 and 2007 charters when drawing up the draft constitution's provisions on community rights.
The CDC intends for these provisions to yield concrete results, not be vaguely worded statements, Mr Meechai said.
For example, the draft charter stipulates that the state is duty-bound to provide rights and freedom to all Thais. If those responsible fail to comply, they are liable to legal action. The public can petition the National Anti-Corruption Commission to launch a probe against them, Mr Meechai said, adding that critics should study the draft charter carefully.
"Some academics read only some provisions and complain that rights are diminished considerably," he said.
Community rights remain intact and are fully enshrined in the chapter covering the rights and freedoms of Thai citizens, as well as in the chapters covering the state's duties and state policies, Mr Meechai said. "It is not true to claim that community rights have disappeared."
When it comes to protecting community rights, the draft charter requires the state to put the benefits of communities first, Mr Meechai said.
Under the draft charter, the state must protect and preserve natural resources and the environment and must allow local communities to take part in the process.
If any planned action by the state is likely to affect the well-being and the health of community residents or the environment, the state must gather feedback from stakeholders for consideration.
Unlike the 1997 and 2007 charters, protection of community rights in the draft is more comprehensive, Mr Meechai said.
Mr Meechai also allayed concerns that the draft charter does not name independent bodies to assess impacts on the environment and health or one to look after consumers' rights.
He said the CDC is still ready to accept any new proposals as it fine-tunes the final draft of the charter. The CDC is required to finish the final draft by March 29, in line with a 180-day time frame stipulated by the interim charter.
Deputy Prime Minister Wissanu Krea-ngam yesterday said agencies involved in holding a referendum, including the Election Commission (EC), will meet at Government House next Wednesday to discuss referendum rules as well as penalties for those who disrupt the referendum.
Also yesterday, Pornpetch Wichitcholchai, president of the National Legislative Assembly, said the 2014 interim constitution may need to be amended to make the charter referendum rules clear and to spell out what would happen if the draft charter is shot down.
Section 37 of the interim charter says that the draft must be endorsed by "the majority of eligible voters", instead of "the majority of voters who cast ballots in the referendum" as written in previous charters. This has prompted criticism that this referendum rule will only make it harder for the draft to pass the referendum.
The interim charter's provision on the referendum should be amended to make it clear, Mr Pornpetch said.
Mr Wissanu said the government will discuss the issue with the EC, although he insisted that the government actually adheres to the principle of "the majority of voters who cast ballots in the referendum". It is unreasonable to include the votes of those who do not turn up to vote, he said.
A consumer protection network and state welfare advocates yesterday handed a letter to the CDC asking it to amend the draft to ensure better protection for people's rights as with the 2007 charter even though Mr Meechai insisted that his draft charter has provided a higher level of protection than previous ones.
Confederation of Consumer Organisations chairwoman Boonyuen Siritham said civil networks do not feel the draft charter will give them more rights than before.
They do not believe that the state sector will be willing to carry out its duty to provide rights to the people as guaranteed by the draft charter, Ms Boonyuen said.
She said if the CDC is unable to improve the draft to respond to the people's demands, the network will campaign against the draft constitution.
