CHARGE PRESSES MFA PERMSEC ON MARTIAL LAW,

C O N F I D E N T I A L SECTION 01 OF 02 BANGKOK 007546 SIPDIS SIPDIS DEPT FOR EAP, EAP/MLS NSC FOR WILDER/MORROW PACOM FOR FPA HUSO E.O. 12958: DECL: 12/21/2016 TAGS: PREL PGOV PHUM KDEM TH SUBJECT: CHARGE PRESSES MFA PERMSEC ON MARTIAL LAW, DEMOCRACY TIMELINE REF: SECSTATE 200365 Classified By: CDA ALEX A. ARVIZU. REASON 1.4 (B,D) ¶1. (C) In a December 21 call on Ministry of Foreign Affairs Permanent Secretary Krit Garnjana-Gooncharn, the Charge delivered reftel points expressing U.S. concern over: the delayed release of proclamations lifting martial law in most of the country, continued restrictions on civil liberties, the need to speed up the constitutional drafting process, and potential slippage in the timeline for new elections and a return to a democratically elected government. The Charge also reiterated U.S. offers to provide technical assistance in the drafting of a new constitution. ¶2. (C) Krit responded that the RTG welcomes U.S. interest in the ongoing process, which has been seen as very helpful in "improving understanding of the Thai situation in the international community." According to Krit, although this line of reasoning may be at odds with conventional wisdom, in real terms it has been helpful. President Bush's "constructive approach" at APEC was evident to all and appreciated by the RTG. Krit reiterated that, although the timing of the release of the formal proclamation lifting martial law in some provinces rests with the palace, the issue needs to be seen in the context of the overall development of civil liberties. Recent demonstrations and increasingly regular public protests evince the government's drive to relax these restrictions--and the Thai public is focused on these issues as key bellwethers, not martial law. The forthcoming lifting of restrictions on political party activities should be the next focus; martial law is a peripheral issue. ¶3. (C) On the democracy timeline, Krit believes that the slippage that has occurred "is within an acceptable margin." Specifically, he asserted that the time that has been lost can be made up during the six month period for constitutional drafting. Krit said that in a recent meeting with Philippine President Gloria Macapagal-Arroyo, Prime Minister Surayud Chulanont emphasized that he would do everything in his power to make up for the time lost so far. That said, the PM himself is not entrusted with drafting the new constitution, but will do what he can to accelerate it. Krit opined that he was very surprised that the PM went this far with Arroyo. Krit then referenced the timeline available on the MFA website, pointing out that, if the Constitutional Drafting Assembly (CDA) fails to complete a constitution within six months, the Council on National Security (CNS) would be required to provide a new charter. "This hangs like Damocles' sword over the CNS." If the maximum time allotted is used, that would lead to a new constitution and preparations for elections by September 2007. As to the new constitution worked up by the CDA, Krit predicts that it will closely parallel the previous charter promulgated in 1997. Krit cited the clause in the current, interim constitution requiring the CDA to specifically detail how the new charter will differ from the 1997 document. ¶4. (C) The Charge expressed hope that the political parties will soon be free to engage in the evolving political process. Krit pointed out that, in the Thai political-culture context, the drafting of a new constitution has historically not involved the political parties themselves, out of concerns that partisan elements would seek to derive unfair benefits from the charter. Instead, the drafting process would be entrusted to non-partisan experts, as he claimed is the case at present. Krit acknowledged that this may seem strange when viewed from another cultural context. The Charge noted this point, but explained that he was referring to the lifting of restrictions on political party activity. ¶5. (C) In response to U.S. offers of assistance in the constitutional drafting process, Krit expressed appreciation for the constructive role that informed comments could play, but cautioned that such an effort could backfire if it were widely-publicized. BANGKOK 00007546 002 OF 002 ARVIZU