ASEAN DEBATES ASSK DETENTION

C O N F I D E N T I A L SECTION 01 OF 02 BANGKOK 001246

SIPDIS

E.O. 12958: DECL: 05/21/2019
TAGS: PREL PGOV PHUM TH BM
SUBJECT: ASEAN DEBATES ASSK DETENTION

REF: A. BANGKOK 1219 (ASEAN CHAIR STATEMENT)

B. RANGOON 295 (DIPLOMATS MEET ASSK)

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

SUMMARY AND COMMENT
--------------


1. (C) EAP Deputy Assistant Secretary (and U.S. Ambassador to
ASEAN) Scot Marciel attended the ASEAN Regional Forum (ARF)
Senior Officials' Meeting (SOM) in Phuket May 19-20. He had
a brief encounter with his Burmese counterpart, Director
General for ASEAN Affairs U Than Tun, on the margins and
explained the serious setbacks that the arrest and trial of
Aung San Suu Kyi (ASSK) have been for U.S.-Burma relations.
Than Tun did not indicate any steps the GOB might take on
ASSK's case, but he expressed hope for improved relations
with the U.S. In bilateral meetings on the margins, Thai
Permanent Secretary Virasadki Futrakul and Singaporean
Permanent Secretary Peter Ho separately described the
intra-ASEAN discussions leading up to Thailand's issuance of
an ASEAN Chairman's Statement (ref A). In the morning
plenary session DAS Marciel said that ASSK's recent arrest
and trial were troubling, and her previous house arrest was
unjustified. Japan, New Zealand, the EU, Canada and
Australia all made statements urging the GOB to release ASSK
immediately, while China and India took a much weaker
approach. Burma explained its view of ASSK's arrest.


2. (C) Comment: We noted at the SOM that Thailand, Indonesia,
Malaysia, Singapore and the Philippines were more willing
than others to press Burma, but the more reluctant ASEAN
members appear able to impede any effort to have ASEAN take a
forceful stand. End Summary and Comment.

ARF SOM U.S.-BURMA ENCOUNTER
--------------


3. (C) DAS Marciel had a brief exchange on the margins of the
ARF SOM with Burmese senior official Than Tun on May 20.
Than Tun said the GOB wanted to improve relations with the
U.S. DAS Marciel explained that the U.S. was open to
improving relations, but the GOB needed first to show some
willingness to move on issues of concern. The arrest and
trial of ASSK had become serious setbacks that have made it
harder to start to improve relations. DAS Marciel emphasized
that the GOB should take positive steps towards national
reconcilation, starting with the release of ASSK. Than Tun
commented that the GOB's biggest problem was its ability to
communicate information to its own top leaders. The
consequence was that the leaders at the top did not
understand the U.S.

OTHER BILATERAL MEETINGS
--------------


4. (C) DAS Marciel met separately with Thai MFA PermSec
Virasakdi Futrakul on May 19. DAS Marciel stated that ASSK's
arrest was a major setback for ASEAN and national
reconcilation in Burma. Virasadki explained some of the
background to the release of the ASEAN Chairman's Statement
that called for ASSK's immediate release (ref A). Virasakdi
said that the Thais initially discussed issuing an ASEAN
statement, but this appeared difficult because, even aside
from Burma, ASEAN members lacked consensus on the issue.
Cambodia, Laos and Vietnam did not agree with the prospective
statement; Brunei also did not want to be associated with it,
while the Philippines strongly supported it. Virasakdi said
that Burma's Foreign Minister read the draft and understood
the need for the statement. Virasakdi said that, in the end,
Thailand tried to reflect the views of all of the ASEAN
countries. The Indonesians proposed a statement by the four
or five members that were willing to speak out, but the ASEAN
members felt that such a statement would be harmful because
it would show that ASEAN was divided. The Thais then decided
to issue a statement as Chair that would reflect the
differing views. The Burmese FM accepted the Thai view.


5. (C) Separately, Singaporean MFA Permanent Secretary Peter
Ho told DAS Marciel that the ASEAN senior officials had spent

BANGKOK 00001246 002.2 OF 002


the entire SOM dinner on May 18 discussing Burma and ASSK.
Ho explained that the Indonesians pressed for a joint
statement from Thailand, Indonesia, the Philippines,
Malaysia, Singapore, and Brunei; Brunei was unwilling to go
along. Ho said that he himself had suggested Thailand issue
a Chairman's Statement, following Singapore's 2007 example.
The Thais discussed this with the Burmese, who checked with
Rangoon and then in effect accepted Thailand's need to issue
a statement.

ARF SOM PLENARY MEETINGS
--------------


6. (C) During the plenary meeting on the morning of May 20,
DAS Marciel told assembled representatives that the GOB's
arrest of ASSK was deeply troubling, especially considering
the unjustified nature of her house arrest. The new charges,
coupled with her recent arrest, were completely baseless and
in violation of the ASEAN Charter. These actions taken by
the GOB would only move Burma further away from national
reconciliation and toward greater tension. The USG would
consider these latest actions as it continued its policy
review on Burma.


7. (C) Also in the morning plenary session, Japan, New
Zealand, the EU, Australia and Canada all made statements
demanding the immediate release of ASSK and all other
political prisoners, and they urged the GOB to move toward
genuine political reconciliation and a democratic process.
China and India took much weaker positions regarding ASSK in
their statements, with China stating that the affairs of
Burma should be handled by the Burmese people, and the
international community should play a constructive role in
Burma's step-by-step development towards democracy,
supporting the UN and ASEAN. India commented that it had
very good relations with the GOB, fully supported the UN
Secretary General's office regarding Burma, and believed that
political reform there should be undertaken expeditiously.
Burma gave the legal rationale for the charges brought
against ASSK, noting the need to safeguard the state against
subversive acts. The GOB had no intention to press a special
case against ASSK, but did so after Amcit John Yettaw spent
two nights on her compound.


8. (C) In the afternoon plenary session Virasadki, in his
role as Chair, announced that the GOB would allow three
diplomats -- from Thailand, Singapore, and Russia -- to meet
with ASSK after her trial hearing on May 20. (Ref B confirmed
the diplomats' meeting with ASSK.)


9. (U) DAS Marciel has cleared this cable.
JOHN