THAILAND: RTG SUBMITS CORRUPTION COMMISSION

UNCLAS SECTION 01 OF 02 BANGKOK 003852

SIPDIS

SENSITIVE

E.O. 12958: N/A
TAGS: PGOV TH
SUBJECT: THAILAND: RTG SUBMITS CORRUPTION COMMISSION
SELECTION AMENDMENT TO PARLIAMENT; TRT FACTION LEADER SANOH
AIRS HIS GRIEVANCES

REF: BANGKOK 3635


1. (SBU) Summary: The Government's draft constitutional
amendment to revise the selection process for the National
Counter Corruption Commission (NCCC) easily passed its first
reading in Parliament on June 8. The opposition Democrat
Party (DP) proposed a different version of constitutional
amendment bill governing the selection committees of the
Election Commission and the Constitutional Court in addition
to the NCCC. The government's proposal will be examined by a
45-member Senate committee before being returned for a second
reading on June 15. The session was highlighted by an
emotional speech by powerful but disgruntled ruling Thai Rak
Thai (TRT) party faction leader Sanoh Thienthong, who
characterized being under Prime Minister Thaksin's control in
TRT as akin to being "enslaved." Sanoh's outburst -- though
in itself unlikely to immediately seriously fracture the TRT
-- does publicly put paid to the party's until now seemingly
immutable discipline. Sanoh's bold dissent could signal
further trouble ahead for Thaksin. End Summary.

GOVERNMENT AMENDMENT PROPOSAL EASILY CLEARS FIRST READING


2. (U) The Government's draft constitutional amendment to
revise the selection process for members of the National
Counter Corruption Commission (NCCC) passed its first reading
in Parliament (aka National Assembly) on June 8. The joint
session of the National Assembly in its first reading voted
509 to 134 (with 13 abstentions) in favor of a
government-proposed constitutional amendment and agreed to
set up a 45-member committee to scrutinize the draft for
three days (June 9-10, and June 13) before a second reading
on June 15. The government ,s constitutional amendment draft
-- presented to the National Assembly by PM Thaksin himself
-- was confined only to the proposed change in the
composition of the selection committee of the National
Counter Corruption Commission (NCCC),as specified in Article
297 of the Constitution. Under the proposed new structure,
the panel will consist of 15 committee members, dropping the
stipulation for representation from 5 political parties
(there are only 4 parties in Parliament - the sticking point
that made this amendment necessary). The proposal is for the
Chairpersons of the Election Commission, the State Audit
Commission, and the National Human Rights Commission, as well
as the Ombudsman, the Opposition Party Leader, the House
Majority Leader, and representatives from the courts and
universities to be on the panel.

OPPOSITION PROPOSES ITS OWN AMENDMENT


3. (U) The same day, the opposition Democrat Party (DP)
proposed a different version of a constitutional amendment
bill with greater scope. The DP wants new rules to govern
the selection committees of three key independent
organizations, namely the NCCC (Article 297),the Election
Commission (Article 138),and the Constitutional Court
(Article 257). The Opposition's amendment version calls for
the removal of any representatives of political parties from
the selection committee for these three independent
"watchdog" bodies. It proposes, however, the addition
inclusion of 5 members from the National Economic and Social
Advisory Council (NESAC) and 2 members from the National
Human Rights Commission on the selection panel. (Note: see
reftel for complete breakdown of the government and
opposition selection committee proposals. End Note.)

FACTION LEADER SANOH BURNING HIS BRIDGES?


4. (U) TRT faction leader and nominally Chief Advisor Sanoh
Thienthong capitalized on the parliamentary debate to vent
his frustrations and harshly criticize his own party and the
rules imposed on members of Parliament (MP) by the 1997
Constitution. That document requires a minimum 90-day
membership in a specific political party in order to be
eligible for candidacy in an election (Article 107). (Note:
Because the Constitution allows the Prime Minister to
dissolve Parliament and hold elections earlier -- 60 days per
article 116 -- than the 90 days required for MPs to be in a
party before running, MPs are effectively held in check from
switching parties. End Note.) Sanoh also slammed the
constitutionally-mandated limitation of one six-year term for
Senators. In his emotional outburst, Sanoh declared that the
90-day requirement had put MPs in a position no better than
"slaves or prisoners." Referring to his estrangement from
TRT Party PM Thaksin, Sanoh challenged the TRT executive
committee to oust him.


5. (SBU) Comment: The government's amendment proposal is
virtually certain to pass given Thaksin and the TRT Party's
powerful majority in Parliament. Less certain is the longer
term fallout from Sanoh's defiant speech. If Sanoh walks, or
is kicked out, it is unlikely that his complete faction of
TRT MPs will initially follow him willingly -- probably only
his son, nephew, niece and a few other die-hard loyalists.
However, Sanoh has already talked of "longing to return to
the embrace of his big brother Banharn Silpa-archa (Leader of
the Chart Thai party)," which could result in a strengthening
of the old-style traditional Thai politicians. The immediate
significance is that Sanoh's action sharply and publicly
brings to the surface a long-fermenting tension between
Thaksin and his former ally, which changes the tone of Thai
public political debate, just when Thaksin seems to be more
beleaguered and even weaker than at any time since 2001.
Sanoh has been chafing under what he considers shabby
treatment of him and his faction by Thaksin at the onset of
the Prime Minister's second term. Long restrained under the
Constitution rules from threatening a walkout without
jeopardizing his political career, Sanoh finally vented his
frustration over the 90-day party rule, giving very public
voice to opinions shared more quietly by many other MPs who
seethe at Thaksin's skillful use of the Constitution to cut
down their ability to bargain for political advantage. This
Sanoh dissent has publicly put paid to the TRT's facade of
immutable discipline and could, in the longer term, provoke
further disaffection and strains within Thaksin's party.
BOYCE