Identifier
Created
Classification
Origin
07BANGKOK5801
2007-11-14 11:00:00
CONFIDENTIAL
Embassy Bangkok
Cable title:  

THAIS PREPARED TO SIGN CHARTER, DISCUSS BURMA AT

Tags:  PREL PGOV PREF PHUM KDEM KPAO ASEAN TH BM 
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C O N F I D E N T I A L SECTION 01 OF 03 BANGKOK 005801 

SIPDIS

SIPDIS

NSC FOR PHU

E.O. 12958: DECL: 11/14/2017
TAGS: PREL PGOV PREF PHUM KDEM KPAO ASEAN TH BM
SUBJECT: THAIS PREPARED TO SIGN CHARTER, DISCUSS BURMA AT
ASEAN SUMMIT

REF: BANGKOK 5455

BANGKOK 00005801 001.2 OF 003


Classified By: Deputy Chief of Mission James F. Entwistle, reason 1.4 (
b) and (d).

C O N F I D E N T I A L SECTION 01 OF 03 BANGKOK 005801

SIPDIS

SIPDIS

NSC FOR PHU

E.O. 12958: DECL: 11/14/2017
TAGS: PREL PGOV PREF PHUM KDEM KPAO ASEAN TH BM
SUBJECT: THAIS PREPARED TO SIGN CHARTER, DISCUSS BURMA AT
ASEAN SUMMIT

REF: BANGKOK 5455

BANGKOK 00005801 001.2 OF 003


Classified By: Deputy Chief of Mission James F. Entwistle, reason 1.4 (
b) and (d).


1. (C) SUMMARY: On November 7, Thailand's National
Legislative Assembly (NLA) cleared the way for Prime Minister
Surayud to sign the ASEAN Charter at the ASEAN Summit
scheduled for November 18-22 in Singapore. While the Charter
passed on the first reading, the NLA did not approve the
blueprint for realizing the ASEAN Economic Community - also
due to be signed at the Summit - on the first reading. The
NLA sent the blueprint back to committee for further review
and will give it a second reading either November 14 or 15.
However, these documents are not linked, and Thailand would
be able to proceed with signing the Charter even if the NLA
fails to approve the blueprint. MFA working level contacts
confirmed that the RTG was prepared to focus on Burma at the
Singapore Summit, and even planned to send their foremost MFA
experts on Burma to support the RTG ASEAN team. Post
obtained a copy of the final draft of the ASEAN Charter (not
yet publicly released),as adopted by the High Level Task
Force on October 20 in Vientiane, and forwarded it to
EAP/MLS. END SUMMARY.

--------------
THAILAND TO SIGN ASEAN CHARTER
--------------


2. (C) Despite speculation to the contrary from fellow ASEAN
members in recent weeks, Prime Minister Surayud received
approval November 7 from the NLA, during the legislature's
first reading of the agreement, to sign the ASEAN Charter
during the November 18-22 Summit. Thailand's August 2007
constitution stipulates that the legislature must approve
international treaties for signature and determine who within
the RTG is authorized to sign the treaty (reftel). A working
level MFA contact present at the reading described the NLA's
discussion of the Charter as positive and noted that

legislators spent only one hour debating it before voting 107
in favor of granting signing approval to the PM with one
abstention.


3. (C) Therefore, there are no additional obstacles that
would prevent PM Surayud from joining his fellow ASEAN
leaders in signing the Charter in Singapore next week. Once
Thailand becomes a signatory to the Charter, the agreement
will return to the NLA for ratification. The Charter would
not be considered a binding document until it is ratified by
the NLA and enacted into law. According to our MFA contact,
each ASEAN member country has one year from the date of
signature to ratify the Charter. At this point, there is no
indication that the ASEAN Charter would face any opposition
in the ratification process. Yet it remains to be seen
whether the current Thai government will ratify it, or if the
Thais will wait for the new legislature to be formed in early

2008.

--------------
CHARTER HAS NO SURPRISES
--------------


4. (C) Kanita Sapphaisal, an MFA officer deeply involved in
the drafting of the ASEAN Charter for the past two years,
told us in a November 8 meeting that the new Charter did not
fundamentally change ASEAN as an institution. Rather, it
formalized relationships between the member countries and
confirmed areas that the institution already addressed. In

BANGKOK 00005801 002.2 OF 003


fact, she mentioned in a resigned manner, the charter
essentially continued ASEAN's tradition of reliance on
consultation and consensus. Kanita added that during the
final round of negotiations in Vientiane October 18-20, the
drafters changed very little in the Charter and only worked
out minor, technical details.


5. (C) When asked if recent events in Burma had had any
effect on the final negotiations, Kanita replied that Burma
had been a non-issue in Vientiane. She clarified that
observation, however, by noting that participants had agreed
Burma was to be discussed at the November Summit in Singapore.


6. (C) The real accomplishment of the Charter, remarked
Kanita, was the inclusion of a human rights component.
Following up on our October 15 meeting with Thai MFA Deputy
Director General for ASEAN Affairs Manasvi Srisodapol, we
asked Kanita if the Vientiane negotiations had made any
progress in clarifying how the human rights component would
function in practice (reftel). Kanita conceded that the
final draft of the Charter made no explicit references to
enforcement or funding, but recommended the formation of a
commission that would address those points at a future date.

--------------
NLA STALLED ON ECONOMIC BLUEPRINT
--------------


7. (U) The same day the NLA approved the ASEAN Charter for
signature, it sent back to committee the blueprint for
realizing the ASEAN Economic Community. This document, which
laid the foundation for the creation of an ASEAN economic
block by 2015, is also scheduled to be signed at the
Singapore Summit. According to press reports, the NLA felt
the blueprint had too many far-reaching implications for
Thailand's economy and trade. It will come before the NLA
again November 14 or 15 and if not passed during this second
reading, would not be approved in time for PM Surayud to sign
it at the Summit. However, Kanita noted that the economic
blueprint and the ASEAN Charter are not linked, which meant
that the NLA's failure to authorize the blueprint in time for
the Summit did not affect the PM's ability to sign the
Charter.

--------------
RTG SENDING BURMA TEAM TO SUMMIT
--------------


8. (C) Thailand expected Burma to loom large during Summit
deliberations, MFA Burma Desk Officer Jirusaya Birananda told
us on November 9. As a result, the MFA planned to send at
least two of its Burma experts to attend the ASEAN Summit,
Jirusaya and Kallayana Vipattipumiprates, the Director of the
Department of East Asian Affairs' Division that includes
Burma. Jirusaya and Kallayana would support the MFA ASEAN
Division representatives in discussions about Burma expected
to take place at the highest levels during the Summit.


9. (C) In addition, Jirusaya described a tactic to confront
Burma that Kallayana was working on to be introduced at the
Summit. Based on a three step approach, Kallayana's plan has
ASEAN leaders presenting Burmese officials with each
country's views on the situation in Burma. The Burmese would
then have an opportunity to present the GOB's outlook on the
most constructive role for the UN and ASEAN. Finally,
Kallayana proposed that ASEAN introduce the concept of
economic and humanitarian assistance to Burma from the
region, with each ASEAN member contributing what they deemed

BANGKOK 00005801 003.2 OF 003


most appropriate. According to Jirusaya, this three step
approach could act as an opening for discussions between
Burma and the rest of ASEAN. It was in keeping with the
'ASEAN way' because it indirectly addressed Burma's problems
without being politically confrontational.


10. (C) Jirusaya stated that the Thais had already discussed
this idea with and received support from their counterparts
at the Singapore MFA. However, she admitted that the Thais
had yet to insert the idea into the Summit agenda and could
not be certain that they would be able to receive the
authority from the RTG to do so in time for next week's
gathering. Nevertheless, she emphasized that this approach
was meant to complement the efforts of UN Special Envoy to
Burma Ibrahim Gambari as Thailand held firm in their belief
that the UN should maintain the lead in resolving the crisis
in Burma.

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


11. (C) The signing of the ASEAN Charter on the 40th
anniversary of the organization will be the centerpiece of
the upcoming Summit. The Thai MFA worked hard to
successfully ensure that the RTG would be able to sign it on
time. Kallayana and Jirusaya have more than ten years
combined experience working in Burma, and they are the MFA's
biggest proponents of forward-leaning efforts to address the
current crisis there. Although the two career diplomats are
committed to the cause, they are held back by the RTG's
overall reluctance to place pressure on its neighbor and by
the 'ASEAN way' of consultation and consensus. Kallayana's
three step proposal represents an effort to work around these
trepidations, though it is unclear to us whether the RTG will
ultimately support this approach or whether it would even
have much impact on the Burmese delegation.
BOYCE