Identifier
Created
Classification
Origin
07BANGKOK3528
2007-06-26 10:47:00
CONFIDENTIAL
Embassy Bangkok
Cable title:
THAI ACTIVISTS DENOUNCE DRAFT SECURITY LAW
VZCZCXRO5852 OO RUEHCHI RUEHDT RUEHHM DE RUEHBK #3528/01 1771047 ZNY CCCCC ZZH O 261047Z JUN 07 FM AMEMBASSY BANGKOK TO RUEHC/SECSTATE WASHDC IMMEDIATE 7878 INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS PRIORITY RUEHBJ/AMEMBASSY BEIJING PRIORITY 4445 RUEHBY/AMEMBASSY CANBERRA PRIORITY 7338 RUEHUL/AMEMBASSY SEOUL PRIORITY 3292 RUEHKO/AMEMBASSY TOKYO PRIORITY 9445 RUEHWL/AMEMBASSY WELLINGTON PRIORITY 1788 RUEKJCS/SECDEF WASHINGTON DC PRIORITY RHEFDIA/DIA WASHDC PRIORITY RHEHNSC/NSC WASHDC PRIORITY RUEAIIA/CIA WASHINGTON DC PRIORITY RHHMUNA/CDR USPACOM HONOLULU HI PRIORITY
C O N F I D E N T I A L SECTION 01 OF 02 BANGKOK 003528
SIPDIS
SIPDIS
DEPT FOR EAP/MLS
E.O. 12958: DECL: 06/26/2017
TAGS: PGOV PREL PHUM KDEM ASEC TH
SUBJECT: THAI ACTIVISTS DENOUNCE DRAFT SECURITY LAW
REF: A. BANGKOK 3502 (DRAFT SECURITY LAW SUMMARY)
B. BANGKOK 3499 (AMBASSADOR,S DISCUSSION WITH
SURAYUD)
C. BANGKOK 3402 (ISOC LEGISLATION)
Classified By: Ambassador Ralph L. Boyce, reason: 1.4 (b,d).
SUMMARY
-------
C O N F I D E N T I A L SECTION 01 OF 02 BANGKOK 003528
SIPDIS
SIPDIS
DEPT FOR EAP/MLS
E.O. 12958: DECL: 06/26/2017
TAGS: PGOV PREL PHUM KDEM ASEC TH
SUBJECT: THAI ACTIVISTS DENOUNCE DRAFT SECURITY LAW
REF: A. BANGKOK 3502 (DRAFT SECURITY LAW SUMMARY)
B. BANGKOK 3499 (AMBASSADOR,S DISCUSSION WITH
SURAYUD)
C. BANGKOK 3402 (ISOC LEGISLATION)
Classified By: Ambassador Ralph L. Boyce, reason: 1.4 (b,d).
SUMMARY
--------------
1. (SBU) Thai Human rights groups, democracy activists and
academics have sharply criticized the draft Internal Security
Act approved by the cabinet on June 19, decrying the expanded
powers the legislation would give the Army Commander-in-Chief
to restrict civil liberties and the potential expanded role
the military would play in politics. Activists are
particularly concerned about the absence of judicial
oversight in the law and that a military-appointed
government, rather than a democratically elected one, appears
to be rushing fundamental changes to Thailand's security
apparatus. End Summary.
OPPONENTS OF DRAFT LAW FIND THEIR VOICE
--------------
2. (SBU) Following the cabinet's June 19 approval of the
draft Internal Security Act (ISA - ref A),human rights
activists and democracy groups have been increasingly
critical of the proposed legislation which would expand the
powers of the Thai military through its surrogate, the
Internal Security Operations Command (ISOC). Activists
initially criticized the approval of the law by a non-elected
cabinet, and opposition to provisions in the law has
increased in intensity as details of the legislation have
emerged.
3. (SBU) Opponents of the ISA, including representatives from
human rights and democracy NGOs, civil rights activists, and
academics from the country's most prestigious universities
voiced their concerns at a June 25 event hosted by the
National Human Rights Commission of Thailand (NHRC),an
independent government agency. One NHRC commissioner who
spoke at the event -- which drew a large number of
journalists -- condemned the draft law as contrary to basic
international civil rights values, saying it would lead to
violations of human rights. (Comment: The NHRC has taken an
increasingly principled stand since the September 2006 coup
by refusing to interact directly with the coup leaders. The
NHRC chairman claims that the commission's authority stems
from the abrogated 1997 constitution, which only authorized
the NHRC to report human rights concerns directly to the
cabinet. End comment.)
NO CHECKS AND BALANCES
--------------
4. (C) Virtually all the law's opponents at the NHRC event
called attention to the expanded powers the ISA would give
the Army Commander-in-Chief, who would serve as ISOC Director
and have the authority to order curfews, searches and
seizures with little oversight and with no other institution
to provide checks and balances. Civil liberties advocate
Piroj Nualpetch claimed that the ISA would give the Army
chief more power than the police and would supersede the
authority of administrative courts and government agencies.
(Note: This contradicts assurances by the Prime Minister that
the Royal Thai Police would retain their normal powers and
responsibilities under the ISA -- see Ref B. It remains
unclear how authority between the police and military would
be divided under the ISA. End Note.)
5. (C) Prior to the event, prominent human rights activist
Angkana Neelapaijit, the wife of missing human rights lawyer
Somchai Neelapaijit, privately told us that she is most
concerned with the lack of judicial oversight in the draft
law. She lamented that the law would set back a decades-long
effort to encourage Thai citizens to rely on the judicial
system to settle their grievances.
ROLE OF THE ARMY
BANGKOK 00003528 002 OF 002
--------------
6. (SBU) Several speakers claimed that the law represented a
renewed attempt by the military to influence politics through
ISOC. One activist claimed the ISA would give the military
unprecedented power over civilian agencies and ISOC
representatives at the local level would allow the military
to control "every level of society". Chulalongkorn
University Political Science Professor Naruemol Tubchompol
noted that similar legislation in Malaysia, Singapore and
Israel gave emergency security authority to elected cabinet
ministers, whereas the draft Thai ISA would invest this
authority in a member of the armed forces.
RESTRICTIONS ON CIVIL LIBERTIES
--------------
7. (SBU) Also worrisome to many activists is the ability of
the ISOC director under the draft law to sharply curtail
civil rights. Piroj feared the legislation would lead to
human rights violations as the military would have the
authority to order searches without warrant, detain
individuals up to 30 days without charge and without access
to an attorney, and hold suspects in any location of its
choosing. Law professor Parinya Thevanaruemidkul expressed
concerns about potential restrictions on freedoms of
association, the press and speech, saying even advertisements
could be censored by the military under the ISA. Even more
worrisome to some activists, the ISOC director and his
subordinates would not be subject to judicial oversight
should they violate the law.
THE WRONG LAW AT THE WRONG TIME
--------------
8. (SBU) Several speakers were suspicious of the government's
motives for introducing the ISA in the current political
environment, which features political protests in Bangkok
against the coup leaders and in favor of deposed Prime
Minister Thaksin Shinawatra. Activists want the law to be
debated in the context of a broader national security master
plan, with an opportunity for adequate public participation.
ISA opponents strongly objected to military-sponsored
legislation of such importance and believed that the ISA
should only be considered by a democratically-elected
government. Professor Naruemol openly questioned the rush to
implement the legislation, claiming there was no security
threat significant enough to justify the ISA.
COMMENT
--------------
9. (C) Although the opposition to the draft legislation has
thus far been limited to prominent human rights activists and
academics, the public criticism of the draft does appear to
be growing in intensity. The early involvement of the
high-profile National Human Rights Commission in the debate
is particularly notable. While the opposition to the draft
could lead to the legislature making substantial revisions
when it considers the bill next month, it is unclear how many
of the public's concerns will be taken to heart in any final
draft. However, we will continue to stress to our
interlocutors the importance of ensuring the law is
consistent with international norms of civilian control over
law enforcement.
BOYCE
SIPDIS
SIPDIS
DEPT FOR EAP/MLS
E.O. 12958: DECL: 06/26/2017
TAGS: PGOV PREL PHUM KDEM ASEC TH
SUBJECT: THAI ACTIVISTS DENOUNCE DRAFT SECURITY LAW
REF: A. BANGKOK 3502 (DRAFT SECURITY LAW SUMMARY)
B. BANGKOK 3499 (AMBASSADOR,S DISCUSSION WITH
SURAYUD)
C. BANGKOK 3402 (ISOC LEGISLATION)
Classified By: Ambassador Ralph L. Boyce, reason: 1.4 (b,d).
SUMMARY
--------------
1. (SBU) Thai Human rights groups, democracy activists and
academics have sharply criticized the draft Internal Security
Act approved by the cabinet on June 19, decrying the expanded
powers the legislation would give the Army Commander-in-Chief
to restrict civil liberties and the potential expanded role
the military would play in politics. Activists are
particularly concerned about the absence of judicial
oversight in the law and that a military-appointed
government, rather than a democratically elected one, appears
to be rushing fundamental changes to Thailand's security
apparatus. End Summary.
OPPONENTS OF DRAFT LAW FIND THEIR VOICE
--------------
2. (SBU) Following the cabinet's June 19 approval of the
draft Internal Security Act (ISA - ref A),human rights
activists and democracy groups have been increasingly
critical of the proposed legislation which would expand the
powers of the Thai military through its surrogate, the
Internal Security Operations Command (ISOC). Activists
initially criticized the approval of the law by a non-elected
cabinet, and opposition to provisions in the law has
increased in intensity as details of the legislation have
emerged.
3. (SBU) Opponents of the ISA, including representatives from
human rights and democracy NGOs, civil rights activists, and
academics from the country's most prestigious universities
voiced their concerns at a June 25 event hosted by the
National Human Rights Commission of Thailand (NHRC),an
independent government agency. One NHRC commissioner who
spoke at the event -- which drew a large number of
journalists -- condemned the draft law as contrary to basic
international civil rights values, saying it would lead to
violations of human rights. (Comment: The NHRC has taken an
increasingly principled stand since the September 2006 coup
by refusing to interact directly with the coup leaders. The
NHRC chairman claims that the commission's authority stems
from the abrogated 1997 constitution, which only authorized
the NHRC to report human rights concerns directly to the
cabinet. End comment.)
NO CHECKS AND BALANCES
--------------
4. (C) Virtually all the law's opponents at the NHRC event
called attention to the expanded powers the ISA would give
the Army Commander-in-Chief, who would serve as ISOC Director
and have the authority to order curfews, searches and
seizures with little oversight and with no other institution
to provide checks and balances. Civil liberties advocate
Piroj Nualpetch claimed that the ISA would give the Army
chief more power than the police and would supersede the
authority of administrative courts and government agencies.
(Note: This contradicts assurances by the Prime Minister that
the Royal Thai Police would retain their normal powers and
responsibilities under the ISA -- see Ref B. It remains
unclear how authority between the police and military would
be divided under the ISA. End Note.)
5. (C) Prior to the event, prominent human rights activist
Angkana Neelapaijit, the wife of missing human rights lawyer
Somchai Neelapaijit, privately told us that she is most
concerned with the lack of judicial oversight in the draft
law. She lamented that the law would set back a decades-long
effort to encourage Thai citizens to rely on the judicial
system to settle their grievances.
ROLE OF THE ARMY
BANGKOK 00003528 002 OF 002
--------------
6. (SBU) Several speakers claimed that the law represented a
renewed attempt by the military to influence politics through
ISOC. One activist claimed the ISA would give the military
unprecedented power over civilian agencies and ISOC
representatives at the local level would allow the military
to control "every level of society". Chulalongkorn
University Political Science Professor Naruemol Tubchompol
noted that similar legislation in Malaysia, Singapore and
Israel gave emergency security authority to elected cabinet
ministers, whereas the draft Thai ISA would invest this
authority in a member of the armed forces.
RESTRICTIONS ON CIVIL LIBERTIES
--------------
7. (SBU) Also worrisome to many activists is the ability of
the ISOC director under the draft law to sharply curtail
civil rights. Piroj feared the legislation would lead to
human rights violations as the military would have the
authority to order searches without warrant, detain
individuals up to 30 days without charge and without access
to an attorney, and hold suspects in any location of its
choosing. Law professor Parinya Thevanaruemidkul expressed
concerns about potential restrictions on freedoms of
association, the press and speech, saying even advertisements
could be censored by the military under the ISA. Even more
worrisome to some activists, the ISOC director and his
subordinates would not be subject to judicial oversight
should they violate the law.
THE WRONG LAW AT THE WRONG TIME
--------------
8. (SBU) Several speakers were suspicious of the government's
motives for introducing the ISA in the current political
environment, which features political protests in Bangkok
against the coup leaders and in favor of deposed Prime
Minister Thaksin Shinawatra. Activists want the law to be
debated in the context of a broader national security master
plan, with an opportunity for adequate public participation.
ISA opponents strongly objected to military-sponsored
legislation of such importance and believed that the ISA
should only be considered by a democratically-elected
government. Professor Naruemol openly questioned the rush to
implement the legislation, claiming there was no security
threat significant enough to justify the ISA.
COMMENT
--------------
9. (C) Although the opposition to the draft legislation has
thus far been limited to prominent human rights activists and
academics, the public criticism of the draft does appear to
be growing in intensity. The early involvement of the
high-profile National Human Rights Commission in the debate
is particularly notable. While the opposition to the draft
could lead to the legislature making substantial revisions
when it considers the bill next month, it is unclear how many
of the public's concerns will be taken to heart in any final
draft. However, we will continue to stress to our
interlocutors the importance of ensuring the law is
consistent with international norms of civilian control over
law enforcement.
BOYCE