Identifier
Created
Classification
Origin
07BANGKOK329
2007-01-17 10:24:00
CONFIDENTIAL
Embassy Bangkok
Cable title:  

AMBASSADOR'S JANUARY 17 MEETING WITH CONSTITUTION

Tags:  PGOV PREL KDEM KHUM TH 
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RUEHBJ/AMEMBASSY BEIJING PRIORITY 3491
RUEHBY/AMEMBASSY CANBERRA PRIORITY 6551
RUEHUL/AMEMBASSY SEOUL PRIORITY 2563
RUEHKO/AMEMBASSY TOKYO PRIORITY 8717
RHHMUNA/CDR USPACOM HONOLULU HI PRIORITY
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C O N F I D E N T I A L SECTION 01 OF 02 BANGKOK 000329 

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E.O. 12958: DECL: 01/17/2017
TAGS: PGOV PREL KDEM KHUM TH
SUBJECT: AMBASSADOR'S JANUARY 17 MEETING WITH CONSTITUTION
ASSEMBLY CHAIRMAN

REF: BANGKOK 00110 (CONSTITUTION ASSEMBLY PRESIDENT
FORESEES FAST PROGRESS)

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

C O N F I D E N T I A L SECTION 01 OF 02 BANGKOK 000329

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E.O. 12958: DECL: 01/17/2017
TAGS: PGOV PREL KDEM KHUM TH
SUBJECT: AMBASSADOR'S JANUARY 17 MEETING WITH CONSTITUTION
ASSEMBLY CHAIRMAN

REF: BANGKOK 00110 (CONSTITUTION ASSEMBLY PRESIDENT
FORESEES FAST PROGRESS)

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


1. (C) Summary. In a January 17 meeting with the
Ambassador, Constitution Drafting Assembly Chairman Noranit
Setabutr expanded on ref comments on the timeline for
drafting a new constitution, saying "we cannot shorten the
process." Drafting the charter will likely take the full
four months, followed by two months of consultations,
amendments and preparations for the public referendum to
approve the charter. The Ambassador impressed on Noranit
Washington's strong interest in seeing a swift return to
democracy--as promised by Thai leaders--and urged that the
process be accelerated where possible. Noranit confirmed
that public approval of the new charter was far from certain
and public outreach efforts to explain the constitution would
be crucial to its passage. While drafting has not yet begun,
Noranit said that the drafters will likely focus on the need
for improved checks and balances on the Prime Minister, and
suggested that an appointed senate would help fulfill this
role. End Summary.

TIMELINE TO THE NEW CONSTITUTION
--------------


2. (C) In an introductory call by the Ambassador on January
17, Chairman of the 100 member Constitution Drafting Assembly
(CDA) Noranit Setabutr confirmed that the CDA had selected 25
members to draft the new constitution. According to Noranit,
this Constitution Drafting Committee (CDC) should meet for
the first time next week, after the Council on National
Security (CNS) selects an additional ten members. Noranit
further expanded on his public comments on the timeline for a
new charter (ref) saying that the CDC will take four months
to draft the constitution, followed by 30 days of mandatory
consultations with legal experts, government agencies and 12
different universities, followed by an additional 30 days of
debate and amendment with the 100 member CDA. Only then will
the draft constitution be put to a public referendum for
approval. "We cannot shorten the process," he said.

According to Noranit, the drafters of the interim
constitution provided a very tight, fixed schedule for
designing a new, democratic charter. He underscored that if
the CDA's draft fails to win public approval, military
leaders will choose the next constitution on their own,
selecting one of Thailand's numerous previous charters, as
specified in the interim constitution. Noranit quickly added
that he hoped this would not be necessary.


3. (C) The Ambassador explained that the USG is extremely
interested in the mechanics of returning Thailand to
democracy as soon as possible, and looks to government
leaders such as Prime Minister Surayud Chulanont and CNS
Chair GEN Sonthi Boonyaratglin to hold to their public
commitments to do so. Noranit said that the CDC and CDA will
try to "speed up the process" as much as possible, but
underscored how much work both bodies have to do to produce a
new constitution that is capable of passing a public
referendum. While the CDC will shortly begin drafting the
new constitution, the CDA will be consumed with preparations
for the referendum, including public outreach efforts to
explain the process. "That is not easy; we have to explain
to the people what the new constitution means for the future
of politics," he said. Noranit echoed recent comments by
other Thai leaders (septel) that passage of the new
constitution may be more difficult than originally
envisioned. The Ambassador reiterated that any acceleration
in the process will be welcomed by Washington, while delays
are likely to inspire serious concerns.


THE ROLE OF THE SENATE
--------------


4. (C) Turning to the substance of the new draft, Noranit
confirmed that the 1997 constitution will likely serve as the
template for the new charter. While he cautioned that work
on the charter has not yet begun, Noranit said that the

BANGKOK 00000329 002 OF 002


drafters will have to focus on providing effective checks and
balances on a strong executive branch. The 1997 constitution
provided several independent institutions to check the Prime
Minister, but they were not effective.


5. (C) Noranit agreed with the Ambassador's comment that the
nature of the senate will be a contentious issue, especially
if the senate retains responsibility for overseeing and
selecting members for independent institutions designed to
check the Prime Minister. Noranit pointed out that, in the
modern era, the third constitution after 1932 was the first
to provide for an elected bicameral legislature, but that
system was ousted less than two years later. Appointed
senate seats had then become a regular part of government,
according to Noranit, until 1997, when a non-political
elected senate was established. Noranit seemed to suggest
that his preference was for an appointed upper house, saying
"now people have experience with an elected senate." He
dismissed the U.S. model of an openly partisan upper house,
saying that even appointing half and electing half would be
preferable, if complicated, asking "how do those two sides,
one elected, one appointed, work together?"

OTHER ISSUES AHEAD
--------------


6. (C) The Ambassador asked if the issue of a "state
religion" would likely come up during the drafting. With a
wry smile Noranit replied that "every time we draft (a
constitution) we have to spend time on that!" The Ambassador
pointed to the Indonesian example of an officially secular
government that recognizes several different religions.
Turning to another topic of current debate, Noranit some CDA
members have discussed reviving some elements of the pre-1997
electoral system, including larger constituencies for members
of parliament. He added that some politicians and political
parties are already lobbying for this change, as it would
make it easier for smaller parties to win seats in
parliament. Noranit agreed with the Ambassador's comment
that this would in turn make it easier to return to the bad
old days of large, unwieldy coalitions, weak prime ministers
and a powerful but often capricious parliament.
BOYCE