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On 22 June 2007 Mr. Wanlop Tangkananurak, a member of the National Legislative Assembly (NLA) expressed his comments about the draft of the Internal Security Act (ISA) which is to be examined in line with the draft of the Southern Boarder Provincial Administrative Center (SBPAC) Act. SBPAC Act is currently being examined by the NLA standing Committee. The main component of the SBPAC Act is to give more power to the Ministry of Interior in taking charge of Southern Thailand.

However, the draft of the SBPAC Act which is under the examination process in the will have to be withdrawn for another examination, until the government will propose the ISA Act. The ISA, in contrary, will concede the power to the military but not to the Ministry of Interior. Therefore, if the ISA Act will be propose to the NLA, the NLA is expected to examine both draft acts together.

According to Mr. Wallop, he believed that the ISA will be under the criticisms of progressive student leaders, academic, parliamentarians and senators. The ISA will give excessive authority to the military and will have direct impact on rights and liberty of the people, even though there is a necessity to have an act similar to the ISA in the current political situation.

"If the draft will be examined by the NLA, it would not be easily passed since there are many articles and clauses that are needed to talk about thoroughly. The standing committee that will be scrutinizing the bill will have to be very diverse in nature and in terms of their occupations. We will not let the examination of this draft law goes under the NLA members represented by the members that views the act through the security perspective. The draft act will go under comprehensive examination."

When asked that as the military is in control of power and if their action in rushing to pass this bill is the symbol of the military clinging on to power, Mr. Wallop said that we have to understand the position the military is in. The military is standing between the old power, which has monetary fund and the support from the mass. On the other hand, the other side of the military is the progressive groups which see the draft bill as the sign of the military hanging on to power. The one proposing the bill is in a complicated position, since passing this act would be a way to build the shield for the military from being attacked when they are stepping down.

"Those that attempts to stage the coup and if their attempts fails, they will be marked as committing seditious acts, however if they are successful in doing so it does not always mean that they will be in triumph forever. If the old power returns, they have to prepare themselves by creating certain laws which will supply them with legitimacy and protection", said Mr. Wallop.

Saprang is confident the ISA will be passed

On the side of General Saprang Kalayarnmitr, the Assistant to the Army Chief and the Assistant to the President of the Council for National Security (CNS) had response to the opposition call that the act will grant excessive power to the Director of the Internal Security Operation Command (ISOC) since the Army Chief will by position heads the ISOC also.

General Saprang replied that he himself is not a legal expert, but he would like to have some kind of security law - because actions cannot be pressed forward without power. When there is someone trying to harm the country, we need to have close observation and look out forward to the future to examine what should be the necessary actions. At least, we need the power to take our actions forward, said General Saprang.

General Saprang gave one example of the case. One person never purchases a firearm. He wants to purchase one, but has never been to Wang Burapha, the gun stores hub in Bangkok. One day, the village that the he stays in is robbed. He does not have enough time to purchase guns that night because the robbery is ongoing. Therefore, power is like something to guarantee you. It is not that we will abuse power and use it overwhelmingly. With the power, we can create a certain department to be responsible to take care of security from the power given. However, without this power it would be like demanding people to go to war without guns.

"Do not worry or be too cautious. If you are skeptic of this act, you can raise questions. However, please ask those who are drafting the law. I would not be able to answer much, because if you are in my position working on security issue, you would understand my viewpoints. I can answer your questions continually until I am exhausted. However, it is in no doubt this law will be in used", said General Saprang.

Thai Rak Thai Claims the Move as the Resurgence of Anti-Communism Law

On the same day, Mr. Adisorn Piengkhet, the leader of Thai Rak Thai group, said that from the observation he had on the ISA, it shares resemblance to the anti-communism law, since the content that it contains is not in anyway different than the anti-communism act.

Under the government of Mr. Chuan Leekpai the law was abolished. Mr. Adisorn therefore would like to ask Mr. Abhisit Vejajiva on Mr. Abhisit's position on the draft act, whether Mr. Abhisit will support or disagree with it. Mr. Abhisit needs to have a valid stance, which needs to be clearer than waiting to be the next Prime Minister and being silence without mentioning about the current situation where the dictators are taking control of the country.

Lieutenant Kuthep Jaikrajang, the leader of the Thai Rak Thai group said that the group has analyzed the political situation and discovered the clearer plan of the CNS to hold on to power. At first the group was concerned that the CNS's gripping on to power would be through the new constitution. But the new plan of the CNS is they are making use of the constitutional judges and using NLA to pass laws that will be beneficial to them.

The Military will hold on to Politics and Power through the Act

"The Internal Security Act will be one of the examples of the case where the NLA will approve to give power to the Chief of the Army to clutch on to power. This act is giving the Army Chief and the Head of ISOC to hold on to power. Article 25 and 26 of the draft Act cited that the actions under the act does not have to fall under the administrative law, therefore actions in violating of rights cannot be filed to the Administrative Court.

Article 37 has said clearly that the Head of the ISOC does not have to be responsible to the wrongdoing in civil and criminal laws. We are seeing clearly the shadow of the military holding on to power", said Lieutenant Kuthep. He also continued by saying that under the civilian government under the ousted Prime Minister Thaksin Shinnawatra, there was the move to disband the ISOC since the Internal Security management should be handed to the civilians, ti be in line with international practices.

Even though the act was said to be based on the similar law in the United States, we need not forget that the particular law in the United States the civilian officer is in charged, not the military. However, in Thailand the military is in total control according to the act. Elected civilian Prime Minister will be meaningless if the law will be made in effect.

"This is a well planned plan. Because after the election, the military will use the power under the law through the political parties. It will be very dangerous to the people since it will seriously violate the rights of the people. I agree with the demands of the opponents of the draft act since the country should never return to the military state where the dictators are in control of the country", said Lieutenant Kuthep.

 

Translated by Pokpong Lawansiri

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