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 BANGKOK 00006244 002 OF 002 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