THAILAND: CABINET SECRETARY-GENERAL DISCUSSES

C O N F I D E N T I A L SECTION 01 OF 02 BANGKOK 004946

SIPDIS

E.O. 12958: DECL: 08/01/2015
TAGS: PGOV PHUM PTER TH
SUBJECT: THAILAND: CABINET SECRETARY-GENERAL DISCUSSES
RECENT EMERGENCY ORDINANCE WITH AMBASSADOR

REF: (A) BANGKOK 4901 (B) BANGKOK 4864 (C) BANGKOK
4697 (D) BANGKOK 4653 (E) BANGKOK 4596

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


1. (C) Summary: During tea with the Ambassador on July 28,
RTG Cabinet Secretary-General Dr. Borwornsak Uwanno took
issue with critics of the recently enacted emergency decree,
saying that it contained legal safeguards and will be applied
sparingly and only when absolutely necessary. Dr. Borwornsak
said that the constitution was alive and well under Thaksin
and that characterization of him in some quarters as being a
constitutional or parliamentary dictator were untrue and
unfair. He acknowledged that Thaksin has lost significant
political support since his massive election victory in
February, but added that the Prime Minister would still win
three-fifths of the Assembly's seats if an election were held
today. End Summary.

EMERGENCY ORDINANCE CONCENTRATES EMERGENCY POWER IN PM'S
OFFICE


2. (C) The Ambassador invited RTG Cabinet Secretary-General
Dr. Borwornsak Uwanno for tea on July 28 to discuss recent
political events, especially the issuance of an emergency
decree by the cabinet last month in the wake of more violence
in Thailand's south. Borwornsak noted that the decree is
now, with palace approval, a "Royal Ordinance." Though he is
widely believed to be a co-drafter of the original decree,
Borwornsak denied this, crediting Deputy Prime Minister
Wisanu Kruangam as the primary author. (Note: Borwornsak a
few minutes later told the Ambassador that both he and Wisanu
had spent hours correcting and polishing the draft decree
before its release. End note.) Borwornsak said that the
ordinance could be used to cover a variety of emergencies
involving national security, economic emergency or national
disasters, such as last year's tsunami. In effect, the
ordinance concentrates a number of emergency powers,
previously dispersed around various ministries, in the office
of the Prime Minister, he explained.

ASSURES THAT EMERGENCY ORDINANCE SUBJECT TO CONSTITUTIONAL
SCRUTINY


3. (SBU) Borwornsak pointed out that the ordinance is
subject to Section 219 of the Constitution, which states that
prior to approval of the emergency decree by Parliament,
one-fifth of the House or the Senate can petition the
respective body presidents to claim that the original reason
for the decree was not a valid "emergency" and thus must be
referred to the Constitutional Court. Even after Parliament
approved the decree, it could still be referred through the
Ombudsman to the Constitutional Court for examination of its
provisions, Bowornsak said.


4. (C) Borwornsak said that civilians who believe they have
been mistreated under the ordinance can claim civil damages
if it can be proven that authorities did not act in good
faith, discriminated against the individual or acted
disproportionately to a perceived threat. Though it is up to
the detainee to provide proof that government personnel
abused the ordinance, the determination of whether the
government acted in "good faith" is rendered through an
"inquisitorial" court process, he added.

POLLS SHOW PUBLIC SUPPORT FOR EMERGENCY ORDINANCE


5. (C) The Ambassador raised the continuing accusations --
by the political opposition, the media, and human rights
groups -- that the ordinance gave the Prime Minister the
potential to seriously undermine civil rights in Thailand.
Borwornsak replied that he was not surprised over criticism
of the ordinance by the PM's detractors. However, he
emphasized, the articles of the ordinance have not been used
to date. He also pointed out that polls report that over 80
percent of the Thai people, including those in the affected
southern provinces (Narathiwat, Yala and Pattani),support
the new ordinance. In an aside, Borwornsak opined that with
the intense amount of international and domestic scrutiny of
the measure, local authorities may well hesitate to use the
powers authorized by the ordinance. He added that he had
sent a copy of the draft to National Reconciliation
Commission (NRC) Head and former Prime Minister Anand
Panyarachun an hour before the Cabinet saw it. Shortly
afterwards Anand telephoned Thaksin to discuss the decree and
suggest easing some of the measures related to detention and
censorship. Borwornsak claimed that some members of the NRC
have their own agendas; he cited the call by a few members
for the RTG to pressure Cambodian authorities to release
several Thai Muslims being held on suspicion of having
terrorist links.

REJECTS ACCUSATIONS THAT THAKSIN IS "PARLIAMENTARY DICTATOR"


6. (C) Borwornsak dismissed accusations that Thaksin's huge
(377 of 500 seats) majority in parliament gave him virtual
dictatorial powers. Rather, Borwornsak said, the 1997
Constitution (which he helped to draft) provides for an
apolitical Senate with the power to impeach, eight
independent watchdog bodies including the Ombudsman, the
Constitutional Court and the National Counter Corruption
Commission (NCCC),and the right of the opposition to open
debate in the Parliament. The press is free and the public
has the right to assemble, he added. He admitted that there
have been some, such as the resignation of the entire NCCC
for financial irregularities. If there is a failure of the
Constitution, it is a failure of society, Borwornsak
stressed. "You can't legislate individuals." As for the
Prime Minister's current popularity, Borwornsak admitted that
it had slipped in the six months since his crushing victory.
He said that Thaksin himself told him that if the election
were held today, he would only gather 300 seats rather than
the 377 seats he won in February.


7. (C) Comment: Borwornsak met with the Ambassador several
hours before the televised discussion of the ordinance
between Thaksin and Anand (ref. A). Borwornsak put forward a
"let's wait and see" position, suggesting that critics will
find that the new emergency ordinance will neither be as
draconian nor applied as lavishly as they fear. He admitted
that the ordinance still gives the Prime Minister wide
latitude to apply the measures nationwide, but hinted that
sensitivities abroad and at home may hold back full
implementation of the ordinance. That said, if another
significant security incident occurs, such as the multiple
attacks in Yala last month, the government may not hesitate
to act in accordance with the ordinance's measures -- knowing
full well that such actions will invite criticism from some
quarters. End Comment.


BOYCE