DAS MARCIEL URGES RAPID RESTORATION OF DEMOCRATIC

C O N F I D E N T I A L SECTION 01 OF 04 BANGKOK 004641

SIPDIS

SIPDIS

NSC FOR PHU

E.O. 12958: DECL: 08/26/2017
TAGS: PGOV PHUM PREL PREF KDEM TH
SUBJECT: DAS MARCIEL URGES RAPID RESTORATION OF DEMOCRATIC
RULE


Classified By: Ambassador Ralph L. Boyce, reason 1.4 (b) and (d).


1. (C) SUMMARY: EAP/DAS Scot Marciel met with MFA, MOD,
and Justice Ministry permanent secretaries on August 22-23 to
urge Thailand's return to democratically-elected government.
DAS Marciel also expressed concern about continuing violence
in the troubled South, human rights issues, and the treatment
of Hmong refugees. This visit came at a particularly useful
juncture to underscore the importance of free and fair
elections this year and to urge that martial law be lifted in
the remaining areas where it is still in effect. The Thai for
their part highlighted the threat that vote-buying presented
to the fairness of the upcoming election. They denied that
martial law had any effect on the voters and pointed out that
the largest turnout against the constitution was in the
martial law areas. Interlocutors admitted that there were
shortcomings in the new constitution, but noted its positive
elements, such as strong protection for press freedom and a
sincere effort to build independent institutions to monitor
politicians and fight corruption. On refugees, the MFA again
pledged that the highly sensitive group of about 150 Hmong in
detention in Nong Khai would not be repatriated, but
cautioned that the Thai could not resolve these cases
quickly, as the Lao threatened to cease all cooperation on
the repatriation of 8000 Hmong illegal migrants/refugees in
Petchaboon if the Nong Khai group were allowed to go to a
third country. DAS Marciel was accompanied by Ambassador at
MFA and MOD meetings. End summary.


ELECTIONS/MARTIAL LAW
--------------


2. (C) DAS Marciel emphasized in all his meetings that the
US placed the highest importance on the return of democratic,
civilian government, and looked forward to free and fair
elections by December. MFA Permsec Virasakdi Futrukul
expressed optimism that it would be "smooth sailing" to the
elections, and said that December 23 was the most likely
date. He noted that political parties were once again
active, and the political situation was "getting back to
normal." MOD Permsec GEN Winai Phattiyakul (also SecGen of
the Council for National Security-CNS) agreed that the
elections would take place before the end of the year,
although he added, "absent a very unexpected incident."


3. (C) On the pre-election atmosphere, the Thai side
repeatedly raised the problem of vote-buying (by former PM
Thaksin and his supporters) as a threat to a genuinely fair
election. For his part, DAS Marciel raised concerns about
martial law impeding the ability of citizens to express their
views, and strongly urged that it be lifted in the remaining
areas where it is still in effect. GEN Winai noted that
martial law had been in effect along Thailand's borders even
before the coup, part of security measures to defend against
drug trafficking. The Ambassador countered that martial law
was in effect over a far greater area than in the pre-coup
period (note: affecting close to half the population. end
note.) MFA Permsec Virasakdi pointed to the referendum
results to support his argument that martial law had not
affected the voting -- martial law was in effect in many
provinces that had voted against the constitution. "So why
keep it?" the Ambassador asked. Both permsecs said that they
would bring our concerns to the government/CNS and try to
have martial lifted in the non-border areas.


4. (C) GEN Winai gave a quick overview of the political
landscape leading up to the elections. The former ruling Thai
Rak Thai (TRT) had split into three factions. Two of these
factions were willing to cooperate with other parties, such
as the Democrats and Chart Thai, to "let democracy return to
normal." However, the remaining faction remained extremely
loyal to former PM Thaksin. If this faction won the most
seats in the general election, it could lead to political
deadlock, Winai feared.

CONSTITUTION/HUMAN RIGHTS
--------------


5. (C) Marciel raised concerns about the reported weaknesses
in the constitution. He asked Justice Permsec Jaran
Pukditanakul, a member of the constitution drafting

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committee, about reports that the constitution weakens
political parties and strengthens the role of judges. Jaran
responded that the drafters were trying to establish
genuinely independent and impartial institutions. The
constitution relies on judges so much because, "we have
nowhere else to go." The Privy Council cannot be involved in
selecting officials for the independent commissions (the
Election Commission, the Counter-corruption Commission, etc.)
because the Privy Council must remain above politics. The
judiciary is one of the few institutions that is separate
from politics and political parties; "we must bring them in,
not as a player, but as a regulator." Asked about the
appointment of half the senators, Jaran admitted this was a
compromise. Before 1997, all senators were appointed by the
Prime Minister. The elected Senate was introduced in the
1997 Constitution for the first time, and "it didn't work."
Instead of impartial people with brains and relevant
experience, they just got more politicians, as the political
parties were the ones with an election infrastructure. The
Senate couldn't provide proper oversight of the lower House,
it became partisan, and ultimately the power review
structures collapsed.


6. (C) MFA permsec Virasakdi also agreed that the
constitution "was not perfect." However, he took issue with
the characterization that it had been imposed by the
military. He insisted that the constitution drafters,
although appointed by the military, had acted independently.
He drew a parallel with the members of the National
Legislative Assembly (NLA). He said, "I am on the NLA, and
no one instructs me how to vote." In fact, the government had
to withdraw some proposed legislation because the NLA would
not approve it. The constitution drafters had similar
independence. Virasakdi himself expressed deep concerns over
the requirement that treaties would have to be approved by
the Parliament. He said MFA had warned the other ASEAN
members that the PM might not be able to sign the ASEAN
charter in November due to this requirement. "We'll amend
what does not work," he concluded.


7. (C) Justice Permsec Jaran, like virtually all
interlocutors, raised concerns about vote-buying; he asked
how the US was able to avoid this problem. DAS Marciel
pointed out the important role the press played in the US in
uncovering election abuses. Jaran agreed that a more active
and independent press would help Thailand root out this
problem here, too. He explained that the new constitution
increases the guarantees of press freedom by prohibiting any
holder of a political office from owning any media
organization, and by stating that it is an abuse of power for
any office holder to intervene in the presentation of news or
opinions by media. (Note: Sections 46 and 48 of the new
constitution add these provisions, which were not in the 1997
charter. End note.)


8. (C) In discussions at the Justice Ministry, Marciel
raised two outstanding human rights cases of particular
concern. One was the disappearance of Muslim lawyer Somchai
Neelaphaichit. (Somchai was abducted by several police
officers in 2004, in apparent retaliation for defending
Muslim prisoners bringing accusations of torture against
police. The Justice Ministry continues to pursue the
investigation though its Department of Special
Investigations.) Jaran agreed that it was very important to
solve the case, and said that the Ministry had recently
gotten important new information. Jaran was also involved in
the new commission set up to investigate the extra-judicial
killings committed during Thaksin's "War on Drugs" in 2003.
Marciel said that it was important for Thailand's democracy
for people to know that there is justice when there are
abuses of power. Jaran agreed, but complained that the
government had been too slow to make serious efforts to
investigate the cases, and noted that there was not much
public support for the investigation. "The people seem to
forget," he said, but added that international concern
remained high, and was useful.

TROUBLED SOUTH
--------------


9. (C) (C) Gen. Winai told DAS Marciel that conditions in
southern Thailand have greatly improved over last year,

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security forces have been able to identify instigators,
arrest and bring to justice suspects, and are receiving
better cooperation from locals. Also, RTG coordination with
the Malaysian government has produced results through
improved living conditions and hindering recruitment efforts
by insurgents. Winai commented that the Malaysian government
understands possible spillover into Malaysia from southern
Thailand and is cooperating with RTG efforts. Winai said
Thailand's Defense Council is concerned over the increase in
the number of Thais wearing Muslim headscarves. Winai said
Malaysia has been able to control this practice but in
Thailand, where twenty years ago few Muslims wore
headscarves, more conservative Islamic practices have become
widespread.


10. (C) Justice Permsec Jaran underscored that the
government had to be careful not to take action against
innocent civilians. The government had to rely on the people
for information about insurgent activities, and so had to
avoid alienating the innocent. He also recognized that
abuses by officials still occurred, although he added that
this was not the intention or strategy of the government.
Jaran hoped that the security forces could improve their use
of forensic science; if they could only demonstrate to the
people that they were arresting those genuinely involved in
terrorist acts, then the local people would accept the
arrests, he believed.


11. (C) Gen. Winai stated that there is no evidence of
international actors operating in the South or assisting the
insurgency. This is because the insurgency arose not as a
religious conflict. Rather social, ethnic, and economic
factors were the foundation of the insurgency. As proof that
global actors have not influenced the conflict, Winai said
that the RTG had found evidence that southern Thai insurgents
had rejected an offer of assistance from members of the Free
Aceh Movement (GAM) after the 2005 peace agreement between
GAM and the Indonesian government.

REFUGEES
--------------


12. (C) DAS Marciel noted US concerns over the Hmong
refugees in Petchaboon and Nong Khai, particularly
highlighting concerns over the extremely poor conditions for
some 150 Hmong in the Nong Khai detention facility. MFA
Permsec Virasakdi said that all the Hmong would be screened
by the Thai government, which would determine which were
economic migrants and which would be in danger if they were
returned. On the Nong Khai group (most of whom have third
countries prepared to accept them),Virasakdi complained that
the Lao tied those cases to the larger group in Petchaboon,
threatening to withhold cooperation on the repatriation of
any of those 8000 Hmong if the Nong Khai group is allowed to
resettle elsewhere. Virsakdi assured Marciel that, given
time, the Thai would be able to reason with the Lao.
Virasakdi said that the Lao particularly rejected any role
for UNHCR; they complain that UNHCR's granting "person of
concern" status to Hmong from Laos implies that there is a
security situation in Laos that might justify international
intervention.


13. (C) Marciel warned that there would be an uproar if the
Hmong were repatriated without any cooperation with or role
for UNHCR. Virasakdi responded somewhat sharply, pointing
out that UNHCR plays no role in refugee screening in the US.
Australia pushed back Asian boat people, and Spain pushed
back Africans. The international community should apply the
same standards to Thailand that it does to everyone else. On
the Nong Khai group, he had heard that the US was considering
some assistance to alleviate the difficult conditions at the
Nong Khai detention facility, and he welcomed this. He
pointed out that immigration officials in Nong Khai had been
punished when several of the detainees had escaped earlier
this year; the new officials at the facility were keeping the
group in close confinement because they feared they would be
punished if the same thing happened again. He reiterated
that the RTG would not send them back, but it would be a
while before their situation was resolved. In the longer
term, Virasakdi hoped for some measures to stem the endless
flow of Hmong from Laos, and (half-jokingly) suggested that
Congress simply establish a program to resettle all the

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remaining Hmong still in Laos to the US.

COMMENT
--------------

14 (C) It was especially helpful at this time to have a US
visitor underscore the need for fair elections soon and to
reiterate our concerns over martial law. We do not expect,
unfortunately to see any significant change on martial law
soon, as there is little pressure internally, or even from
any country besides the US, on this point. END COMMENT


15. (U) DAS Marciel cleared this cable.
BOYCE