NEW CONSTITUTION DRAFTER BRIEFS AMBASSADOR

C O N F I D E N T I A L SECTION 01 OF 02 BANGKOK 005894 SIPDIS SIPDIS E.O. 12958: DECL: 09/25/2016 TAGS: PGOV PREL PHUM KDEM MOPS ASEC TH SUBJECT: NEW CONSTITUTION DRAFTER BRIEFS AMBASSADOR REF: BANGKOK 5747 (HAT YAI BOMBINGS) Classified By: Ambassador Ralph L. Boyce, reason: 1.4 (d). SUMMARY -------------- ¶1. (C) Constitution drafter Borwornsak Uwanno briefed the Ambassador September 25 on the intentions of the Council for Democratic Reform Under the Monarchy (CDRM),including: - The issuance of an interim constitution, on/about October 1, that would restore protections for civil liberties and provide for the CDRM to appoint a legislature and a civilian Prime Minister and cabinet; - The appointment of a civilian government in the first week of October, although the CDRM would retain some powers relating to security matters, in order to prevent a counter-coup and deal with militant activities in southern Thailand; and - The establishment of a 100-person commission to draft a new constitution, to be approved by the Thai citizenry in a referendum within the coming year. The Ambassador stressed the importance of the CDRM transitioning fully to a civilian government within the two-week deadline that it had previously announced. End Summary. KEY COMPONENTS OF CONSTITUTION -------------- ¶2. (C) Former Cabinet Secretary and highly respected legal expert Borwornsak Uwanno called the Ambassador on September 25 to offer an unsolicited update on progress in creating the interim constitution. Borwornsak claimed that the interim constitution (which he was helping to draft) would be reviewed at a September 25 meeting and finalized for issuance within a week, likely on/about October 1. The interim constitution would: - establish a legislature of 250 persons appointed by the leader of the CDRM (General Sonthi),which would scrutinize bills but have no power for constitutional amendment; - provide for the leader of the CDRM to nominate the Prime Minister and the Council of Ministers (cabinet); - provide all the protections of civil liberties that were provided by the 1997 Constitution. ¶3. (C) Borwornsak also related that the interim constitution would create a body composed of 3,000 persons from all walks of life and all parts of Thailand to select 100 persons to draft a new constitution. The 100-person commission would have 180 days to complete its work, and the final product would be subject to approval by a referendum. COUNCIL TO CHANGE NAME, RETAIN SOME POWERS -------------- ¶4. (C) Borwornsak also said that the reference to the monarchy in the CDRM's name had led to confusion concerning the King's role in the coup, and the CDRM would therefore change its name to the National Security Council. The NSC would retain two key powers: it would nominate the Prime Minister and the Council of Ministers; and, with the consent of the Prime Minister, it would retain "emergency power" to deal with law and order issues, militant activity in southern Thailand, and other threats to the state. ¶5. (C) The Ambassador, citing a September 21 conversation with former Prime Minister Anand Panyarachun, mentioned the civilian leadership would be further empowered if the CDRM were to disband completely, and if the Prime Minister -- not the CDRM -- had the power to appoint members of the interim legislature. Borwornsak replied that the CDRM had to remain in existence for two reasons: first, Thaksin's extraordinary wealth and strong political network engendered reasonable and strong fear of a counter-coup. Second, the CDRM was very concerned with militant activity in southern Thailand and wanted to retain control of the situation there. If terrorism were to spread outside of the three southernmost Muslim-majority provinces (Pattani, Yala, and Narathiwat) -- as it had recently with bombings in the city of Hat Yai (reftel) -- the security forces wanted to be able to deal with it without resorting to martial law. Borwornsak also noted that the CDRM would change RTG policy on southern Thailand so it was in li ne with the recommendations of the National Reconciliation Commission. TIMELINE -------------- ¶6. (C) The Ambassador asked about the CDRM's rollout timeline. Borwornsak said the CDRM would: - issue the interim constitution no later than October 1; - appoint a civilian Prime Minister 3-4 days later; and - form the new legislature sometime later in October. ¶7. (C) The Ambassador stressed that world attention was focused on the two-week deadline that the CDRM had announced for its transfer of power to civilians. Borwornsak said the Ambassador's emphasis on this point was "very sound," and he urged the Ambassador to make this point directly to CDRM members, including at the briefing for the diplomatic corps late afternoon September 25. Borwornsak added that his direct contacts with General Sonthi confirmed his sense that the General and his cohorts were not seeking to prolong their time in power. COMMENT -------------- ¶8. (C) It is good to hear assurances that the interim constitution is near completion, and that the CDRM is close to transitioning power to a civilian government. However, we will reserve judgment until we see the constitution and the membership of the new administration. BOYCE