NLA PASSES CONTROVERSIAL INTERNAL SECURITY ACT ON

C O N F I D E N T I A L SECTION 01 OF 02 BANGKOK 006244

SIPDIS

SIPDIS

E.O. 12958: DECL: 12/21/2017
TAGS: PGOV PREL PHUM KDEM TH
SUBJECT: NLA PASSES CONTROVERSIAL INTERNAL SECURITY ACT ON
EVE OF ELECTION

REF: A. BANGKOK 5802

B. BANGKOK 3528

C. BANGKOK 3502

D. BANGKOK 3402

E. BANGKOK 1754

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


1. (C) Summary. The Thai National Legislative Assembly (NLA)
December 21 approved the controversial Internal Security Act
(ISA),which cements for the military, via the Internal
Security Operations Command, a prominent role in the
maintenance of internal security. The law is an improvement
over the draft ISA bill, which had included broad powers for
the military. Despite the improvements, academics and civil
society groups had urged the NLA to not consider the law so
that democratically elected representatives could give the
law proper consideration. With the Thai general election two
days away, the law has received somewhat muted reaction from
the public and politicians. End Summary.

ISA BECOMES LAW
--------------


2. (U) The National Legislative Assembly (NLA) late December
21 approved the Internal Security Act by a margin of 105
votes for, 5 against, and 2 abstentions. The ISA has been
highly controversial with numerous civil society groups
criticizing the bill. Prime Minister Surayud Chulanont,
however, had strongly lobbied for the ISA, pushing the NLA to
pass it into law before the body ceases operations after the
December 23 election. The NLA also passed two other
military-related bills, a Thai armed forces reorganization
act (to be reported septel) and a military benefits act.


3. (U) The NLA came under increasing criticism from civil
society groups in recent weeks as the coup-appointed
legislators hastily passed bills in the run-up to the
election. The Bangkok Post December 15 described the NLA's
activities as morally wrong in that an unelected body was
enacting into law proposals such as the ISA that many
considered drastic.


4. (C) Civil society leaders have criticized the ISA for
providing the military broad powers as described in reftel A.
The law creates the Internal Security Operations Command
(ISOC) and assigns the organization responsibility for
maintenance of internal security. Dr. Panitan Wattanayagorn,
Associate Professor at Chulalongkorn University and member of
the NLA committee that revised the bill, told us the ISA has
been amended to address criticisms but the bill retains many
of the original articles. Among the remaining provisions
that have drawn criticism are Section 15 which provides ISOC
with the power to exclude from a designated area any
government official whose behavior is a threat to internal
security and Section 17 which grants the ISOC Director, with
approval of the Cabinet, the authority to:

-- order government officials to implement any action or
withhold any action,
-- prohibit entry and exit from a locality, building, or area,
-- establish curfews,
-- prohibit the use of transportation routes, and
-- interfere with electronic communications.


5. (C) The committee did amend provisions that would have
curbed judicial process and review. These were among the
most controversial aspects of the draft bill as orders and
actions committed under the ISA would have been immune from
consideration by the Administrative Court. The committee
stipulated that a court of justice should consider acts
committed under the authority of the ISA. Dr. Panitan told
us that this provision was written into the Act in the hope
that the RTG would create a court that would have sole
responsibility to consider security matters.

MINOR CHANGES TO ISOC STRUCTURE
--------------


6. (U) The committee altered slightly the ISOC structure from
that found in the previous draft. The ISA maintains a

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central role for the military in maintaining internal
security; however, the committee did include language to
encourage the creation of a professional civil service staff
for ISOC. The Prime Minster will become the Director of ISOC
but the Army Commander in Chief will be the Deputy Director
and the Army Chief of Staff will assume the role of ISOC
Secretary with the responsibility for daily operations. The

SIPDIS
committee also succeeded in adding a civil society board that
would give advice to the ISOC board. Other language that
appears to have been inserted into the law in order to
provide for civilian role in the ISA include the creation of
an Assistant Director position that will be drawn from the
ranks of governmental officials and the designation of a
joint investigative role for police officers in operations
undertaken by ISOC officials.

LITTLE PUBLIC REACTION
--------------


7. (C) With the general election two days away, reaction to
the ISA from politicians and the public has been muted. That
the NLA passed the bill at night after protesters had
decamped from in front of parliament indicates the
sensitivity of the ISA. Nonetheless, Jon Ungpakorn, an
activist and former Senator, claimed that he would organize a
signature campaign to overturn the law. Democrat Party
leader Abhisit Vejjajiva was publicly reported to have said
that he would amend the ISA if he became the next Prime
Minister.

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


8. (C) While few doubted the need for Thailand to develop a
legal framework to respond to internal security threats, the
manner in which the ISA passed has raised concerns about the
post-election influence of the military. As the law now
requires the King's signature before becoming official, the
ISA will come into force in approximately one month, or about
the time a new government comes into power.
BOYCE