On 11 July 2007 at around 1.00 pm, About 30 members of the 19 September Network against the Coup and the Student Federation of Thailand (SFT) gathered in front of Srijulsup Building which houses the National Election Commission (ECT). Those gathered stated that their intent was to educate the ECT and society on the referendum. The speakers represented were Assistant Professor Somchai Preechasilpakul, the Dean of the Faculty of Law, Chiang Mai University; Associate Professor Dr. Attajak Satayanurak, History Department, Chiang Mai University; Pitch Pongsawat, Faculty of Political Science, Chulalongkorn University. Associate Professor Somkiat Tangnamo, the Midnight University Rector, and Professor Dr. Nithi Aeowsriwong, Midnight University Lecturer, were also present.

Associate Professor Somkiat Tangnamo started by explaining that the purpose of the seminar was to explain the referendum process to society because the reports in the media have been distorted. The intention was that the public and the ECT will understand the meaning of the referendum in a democratic system, and also its meaning in legal and political terms.

Associate Professor Dr. Attajak explained that a referendum is an important practice in a society. A referendum is not just about filling out the ballot, but is a process where the society is given the responsibility to decide the future of the political system. We have to think about the referendum not in terms of winning or losing, but in terms of developing our capacity to see toward the future.

The Council of National Security (CNS) and the government have to rethink the different issues relating to the referendum process. Firstly, it is ECTessary to discuss what should be done so that society can benefit from a genuine learning process. The CNS, the ECT, and the National Legislative Assembly (NLA) must not show only specific positive parts of the 2007 draft constitution to the public, nor should they persuade the people to accept the 2007 draft constitution and amend it later. The Public Relations Committee of the NLA has to exhibit the entire contents of the draft constitution, both the negative and positive. It is most important to point out the power relations between the players, who would receive power and how.

Moreover, the NLA, CNS, and government need to initiate open spaces for the public to become familiar with the content of the draft constitution, which should be a lifelong learning process for Thais. The use of power by these institutions to close off or direct public debate constitutes an insult to the Thai people. The role of the ECT is not simply arranging for the delivery of ballots but to act as a conduit of information which is fair and equal to all sides. Both those supporting and those countering the 2007 draft constitution need to have their voices heard. The ECT should not simply act as an observer nor as a supporter of the 2007 draft constitution, but must ensure that Thai society has the opportunity to learn.

Also, the CNS needs to tell the people which of the previous constitutions will be implemented if the draft constitution is voted down during the referendum. The different alternatives should be laid out to the public. Unless this choice is made clear, it will mean that the people have to vote blindly with their hands tied behind their backs. If the 1997 constitution is to be brought back, the CNS has to explain what specific clauses will be amended and how. Without this information, the people will not truly have the right to make their decision and if this information is not given to the people, it will demonstrate that the CNS is insincere.

Assistant Professor Somchai continued by laying out three proposals to the ECT and Thai society. Firstly, freedom of expression and opinion must be respected. The referendum debate will involve those with different views and perspectives and this will flourish if freedoms and rights are not hampered by those in power.

Secondly, state institutions, including the ECT, need to be impartial. The role of the ECT is to campaign for people's participation in the referendum process, not to oppose rejection of or dissents against the draft constitution. The ECT must prevent any state agency from directing the way people should vote.

Lastly, a minimum number of votes must be established for the referendum to be approved. Assistant Professor Somchai proposed that this minimum should be 50% of eligible voters.

Mr. Pitch commented that the referendum is a new procedure in Thai society, but fundamental electoral principles should be upheld in the referendum process.

Whether the referendum is approved or reject, the media has a role in providing balanced coverage. The ECT and other state agencies should not campaign for the adoption of the constitution, but only for the people's participation in the process

The current situation is not stable and so unsuitable for an election; many provinces are under martial law. The process should not be undertaken in an environment of hostility. The ECT needs to protect all sides. The CNS- appointed government should not campaign for approval of the constitution as this would seen as an attempt to cling to power.

Before the discussion, the 19 September Network against the Coup and SFT held up placards facing the street saying "Bring back the 1997 People's Constitution", "No to CNS Constitution" and "Rejecting the Constitution means Rejecting the Coup".

The activists also handed out a statement on the "Referendum and Freedom of the People" to journalists. The statement claimed that the referendum to be held on 19 August 2007 is the most manipulated referendum process in history. Firstly, the public is being exploited as they do not know what choice they will have made if the draft constitution is voted down.

Secondly, the referendum is being held in a political climate of dictatorship. Rights, liberties, political freedoms, and access to information are all restricted. Many parts of the country are still under martial law. A reason-based debate between those supporting and those rejecting the constitution cannot truly happen.

The statement also noted that the ECT needs to act impartially with the role to "organize free and fair opinions on the referendum", which is the basic principle of referenda as stated in Article 5 of the Referendum Act (2541 BE). However, it is likely that this will not be possible, as Ms. Sodsri Satayathum and Mr. Prapun Naigowit of the ECT are currently serving as members of the Constitution Drafting Assembly (CDA) charged with drafting and "creating" this constitution. Therefore it is unlikely that the ECT can maintain an impartial role.

Translated by Pokpong Lawansiri