US embassy cable - 05BANGKOK3852

UNCLAS SECTION 01 OF 02 BANGKOK 003852 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PGOV, TH 
SUBJECT: THAILAND:  RTG SUBMITS CORRUPTION COMMISSION 
SELECTION AMENDMENT TO PARLIAMENT; TRT FACTION LEADER SANOH 
AIRS HIS GRIEVANCES 
 
REF: BANGKOK 3635 
 
1.  (SBU)  Summary:  The Government's draft constitutional 
amendment to revise the selection process for the National 
Counter Corruption Commission (NCCC) easily passed its first 
reading in Parliament on June 8. The opposition Democrat 
Party (DP) proposed a different version of constitutional 
amendment bill governing the selection committees of the 
Election Commission and the Constitutional Court in addition 
to the NCCC.  The government's proposal will be examined by a 
45-member Senate committee before being returned for a second 
reading on June 15.  The session was highlighted by an 
emotional speech by powerful but disgruntled ruling Thai Rak 
Thai (TRT) party faction leader Sanoh Thienthong, who 
characterized being under Prime Minister Thaksin's control in 
TRT as akin to being "enslaved."  Sanoh's outburst -- though 
in itself unlikely to immediately seriously fracture the TRT 
-- does publicly put paid to the party's until now seemingly 
immutable discipline.  Sanoh's bold dissent could signal 
further trouble ahead for Thaksin.    End Summary. 
 
GOVERNMENT AMENDMENT PROPOSAL EASILY CLEARS FIRST READING 
 
2.  (U)  The Government's draft constitutional amendment to 
revise the selection process for members of the National 
Counter Corruption Commission (NCCC) passed its first reading 
in Parliament (aka National Assembly) on June 8.  The joint 
session of the National Assembly in its first reading voted 
509 to 134 (with 13 abstentions) in favor of a 
government-proposed constitutional amendment and agreed to 
set up a 45-member committee to scrutinize the draft for 
three days (June 9-10, and June 13) before a second reading 
on June 15. The government ,s constitutional amendment draft 
-- presented to the National Assembly by PM Thaksin himself 
-- was confined only to the proposed change in the 
composition of the selection committee of the National 
Counter Corruption Commission (NCCC), as specified in Article 
297 of the Constitution. Under the proposed new structure, 
the panel will consist of 15 committee members, dropping the 
stipulation for representation from 5 political parties 
(there are only 4 parties in Parliament - the sticking point 
that made this amendment necessary).  The proposal is for the 
Chairpersons of the Election Commission, the State Audit 
Commission, and the National Human Rights Commission, as well 
as the Ombudsman, the Opposition Party Leader, the House 
Majority Leader, and representatives from the courts and 
universities to be on the panel. 
 
OPPOSITION PROPOSES ITS OWN AMENDMENT 
 
3.  (U)  The same day, the opposition Democrat Party (DP) 
proposed a different version of a constitutional amendment 
bill with greater scope.  The DP wants new rules to govern 
the selection committees of three key independent 
organizations, namely the NCCC (Article 297), the Election 
Commission (Article 138), and the Constitutional Court 
(Article 257). The Opposition's amendment version calls for 
the removal of any representatives of political parties from 
the selection committee for these three independent 
"watchdog" bodies.  It proposes, however, the addition 
inclusion of 5 members from the National Economic and Social 
Advisory Council (NESAC) and 2 members from the National 
Human Rights Commission on the selection panel.  (Note: see 
reftel for complete breakdown of the government and 
opposition selection committee proposals.  End Note.) 
 
FACTION LEADER SANOH BURNING HIS BRIDGES? 
 
4.  (U)  TRT faction leader and nominally Chief Advisor Sanoh 
Thienthong capitalized on the parliamentary debate to vent 
his frustrations and harshly criticize his own party and the 
rules imposed on members of Parliament (MP) by the 1997 
Constitution.  That document requires a minimum 90-day 
membership in a specific political party in order to be 
eligible for candidacy in an election (Article 107).  (Note: 
Because the Constitution allows the Prime Minister to 
dissolve Parliament and hold elections earlier -- 60 days per 
article 116 -- than the 90 days required for MPs to be in a 
party before running, MPs are effectively held in check from 
switching parties. End Note.)  Sanoh also slammed the 
constitutionally-mandated limitation of one six-year term for 
Senators.  In his emotional outburst, Sanoh declared that the 
90-day requirement had put MPs in a position no better than 
"slaves or prisoners."  Referring to his estrangement from 
TRT Party PM Thaksin, Sanoh challenged the TRT executive 
committee to oust him. 
 
5.  (SBU)  Comment:  The government's amendment proposal is 
virtually certain to pass given Thaksin and the TRT Party's 
powerful majority in Parliament.  Less certain is the longer 
term fallout from Sanoh's defiant speech.  If Sanoh walks, or 
is kicked out, it is unlikely that his complete faction of 
TRT MPs will initially follow him willingly -- probably only 
his son, nephew, niece and a few other die-hard loyalists. 
However, Sanoh has already talked of "longing to return to 
the embrace of his big brother Banharn Silpa-archa (Leader of 
the Chart Thai party)," which could result in a strengthening 
of the old-style traditional Thai politicians.  The immediate 
significance is that Sanoh's action sharply and publicly 
brings to the surface a long-fermenting tension between 
Thaksin and his former ally, which changes the tone of Thai 
public political debate, just when Thaksin seems to be more 
beleaguered and even weaker than at any time since 2001. 
Sanoh has been chafing under what he considers shabby 
treatment of him and his faction by Thaksin at the onset of 
the Prime Minister's second term.  Long restrained under the 
Constitution rules from threatening a walkout without 
jeopardizing his political career, Sanoh finally vented his 
frustration over the 90-day party rule, giving very public 
voice to opinions shared more quietly by many other MPs who 
seethe at Thaksin's skillful use of the Constitution to cut 
down their ability to bargain for political advantage.  This 
Sanoh dissent has publicly put paid to the TRT's facade of 
immutable discipline and could, in the longer term, provoke 
further disaffection and strains within Thaksin's party. 
BOYCE