RTG REDUCES AREAS UNDER EMERGENCY DECREE AND

C O N F I D E N T I A L BANGKOK 004697

SIPDIS

E.O. 12958: DECL: 07/21/2015
TAGS: PGOV TH
SUBJECT: RTG REDUCES AREAS UNDER EMERGENCY DECREE AND
LIMITS IMPLEMENTATION OF SOME MEASURES AS CRITICISM
CONTINUES

REF: (A) BANGKOK 4653 (B) BANGKOK 4596

Classified By: CLASSIFIED BY AMBASSADOR RALPH L. BOYCE. REASON: 1.4 (D
)


1. (SBU) Summary: The RTG formally lifted martial law in
the deep south and declared the southernmost provinces of
Narathiwat, Yala and Pattani as an "area of extreme
emergency." Contradicting earlier indications, the Cabinet
decided not to implement the decree in any part of Songkhla
province. Also, in the face of heavy criticism by media and
human rights figures, the Cabinet said that it will not, for
now, apply some sections concerning press and other
restrictions. The opposition Democrat Party has petitioned
the Office of the Ombudsmen to investigate the decree to
determine its constitutionality. The National Human Rights
Commission as well as the Thai Journalists Association have
called for immediate abolishment of the decree. Conversely,
a poll taken both in Bangkok and the three affected provinces
claims large public support for Thaksin's action -- for the
time being. End Summary.

DECREE LIMITED TO THREE PROVINCES


2. (U) The RTG formally lifted martial law in the deep
south and declared the southernmost provinces of Narathiwat,
Yala and Pattani as an "area of extreme emergency." (Note:
The King must approve the revocation of martial law -- his
signature is expected shortly. End note.) In contrast to
earlier statements by RTG officials (Ref. A),the Cabinet,
meeting in regular Tuesday session, decided not to extend the
decree to four districts in Songkhla.

SOME SECTIONS OF DECREE HELD IN ABEYANCE


3. (U) The Cabinet also decided to apply only some of the
16 measures contained in the decree. Likely in reaction to
widespread criticism by the media, the RTG decided not to
apply parts of Articles 9 and 11 dealing with banning public
assembly and the sale of news or other publications.
However, other parts of Article 11 empowering officials to
arrest, detain and summon individuals suspected of inciting
violence, seize weapons issue search warrants (customarily
done only by the courts),deport foreign nationals and
dispatch troops to aid administration and police officials
would come into force.

CRITICISM OF DECREE CONTINUES


4. (U) Critics of the decree charge that the RTG still
retains the power to rescind the omitted sections of the
decree. The Thai Journalists Association has been
particularly vocal, calling for the immediate abolishment of
the decree. The National Press Council of Thailand charged
that the decree "undermines the basic rights of free people
and a free press." The National Human Rights Commission on
July 20 issued a strong statement opposing the decree,
calling it unconstitutional and likely to exacerbate violence
in the region. The opposition Democrat Party followed up on
leader Abhisit Vejjajiva's earlier threat (Ref. A) by
submitting a petition to the Office of the Ombudsman
questioning the constitutionality of some of the decree's
provisions, especially those dealing with press freedoms and
checks and balances. If the Ombudsman finds sufficient
grounds, the petition will be forwarded to the Constitutional
Court for deliberation.

THAKSIN BID FOR PUBLIC SUPPORT


5. (C) Comment: Ironically, even as demands grow from the
political opposition, human rights groups and the media for
the decree's revocation, a poll by the generally reliable
Assumption Business Administrative College (ABAC) shows broad
support for the decree in Bangkok (72 percent in favor) and
the three affected southern provinces (86 percent). Even as
many observers predict that the decree will worsen the
situation, the Prime Minister may be reaping at least short
term political benefits from his strong action. However, the
Prime Minister's "last straw" measure is a gamble. If the
decree and the wide powers Thaksin wields under this decree
exacerbate the situation in the south, many Thais may
perceive him as having shot his last political bolt and view
him as part of the problem -- not the solution.
BOYCE