Declaration

On Rejection of the Draft Constitution

To affirm that the abolition of the people's power through coups d'état will no longer be accepted;

To demonstrate that the people, regardless of economic and social status, are able to determine their own lives;

To protect the rule of law from further damage; and

To prevent the promulgation of the draft constitution which would reduce the power of the people and enhance that of the aristocrats,

We the undersigned, law lecturers of Thammasat University, as Thai citizens and legal professionals, declare our rejection of the draft Constitution of Thailand B.E....

We disagree with the position of those who urge the public to approve the draft constitution and pursue amendments after the election. It is our view that once the draft charter takes effect, all constitutional mechanisms will follow in due course; constitutional bodies will be established and authorized accordingly, and constitutional organic laws will be passed. In light of this, constitutional amendments will be difficult, if not impossible, and damage that would result from the provisions of this draft constitution will be beyond remedy.

We insist that the rejection of the draft constitution in the referendum will not prevent or delay the general election. The junta can hold an election at will by announcing a general election using mechanisms and means stated in the 1998 Election of Parliament Act, without wasting the time needed to pass a new bill.

We are well aware that to reject the draft constitution by casting votes in the referendum is to bring ourselves into the process dictated by the junta. But this is in no way an acceptance of coups d'état, their power and consequences. On the contrary, in the current circumstances of reduced civil rights and liberties and limited means for meaningful political participation in deciding the fate of the country, the exercise of our right to reject the draft constitution is the only peaceful way in which we can use our conscience and rationality to fight the junta, despite the fact that the referendum process has been unfair since the beginning.

Assoc Prof Dr Worachet Pakeerut

Assoc Prof Prasit Pivavatnapanich

Asst Prof DrJantajira Iammayura

Dr Thapanan Nipithakul

Piyabutr Saengkanokkul

Teera Suteewarangkum

Faculty of Law, Thammasat University

July 22, 2007