A seminar entitled "Draft Internal Security Act (ISA): Teeth for the Internal Security Operation Command (ISOC)" was organized jointly by the National Human Rights Commission (NHRC) and Amnesty International Thailand.

 

It was held on 25 June 2007 at the Office of the NHRC bringing human rights defenders, academia, social activists, and lawyers to discuss the draft ISA and its impact on human rights.

 

The draft ISA passed by the cabinet last week alerts many human rights groups on the speculation that this act will give excessive powers to the military, and primarily to the Director of the ISOC and the Army Chief. According to this draft act, the Army Chief in position will take up the post of the director of ISOC.

 

The passing of the draft act by the cabinet also raised the question whether the cabinet was doing its job, or it was dominated by some political forces. Question was also raised that the draft act will give the military the power to hang on to power after the election.

 

Discourse on "Security" needs to be Question

 

Ms. Laddawan Tantiwittayapitak, the President of Amnesty International brought up the question if the Council for National Security (CNS) promise about election and return to democracy is just a "pretty discourse".

"Many laws proposed by the people have been turned down under the current military regime, such as the Peoples Community Draft Act. However, this act even though it affects the rights of the people could be easily passed"

"We also need to question the issue of national security as it has been dominated by military discourse", said Ms. Laddawan.

 

ISOC will have Excessive Power

 

On the other hand, Mr. Pairot Polaphetch, a veteran human rights defender with the Union for Civil Liberties (UCL), said that under the article 10 of the draft, ISOC will have the full power to take care of the security under both general and emergency situation, which means that the army will virtually be involved in all issues, whereas in the past the military can only be involved when the country is in emergency situation.

 

"If the act is passed, the army can impose the law anywhere at any time. The second key issue that we need to be in deep concern is that the ISA will give full power to the Director of ISOC, who is at the same time the Army Chief - which means that the ISOC can control all government functions. Under the article 24, it mentions that the ISOC director can order actions to violate the people's rights and liberties such as prohibiting the people to travel, forbidding the rights to hold assembly and can prohibit the people from leaving their compounds".

 

"Another concern is that the ISOC director can summon, detain, and arrest the people - including confiscation of documents under the act. The judiciary power will be suspended under article 31."

"This act is truly an enemy to the people's rights. With this law, the prohibition of people's rights in political participations such as the rights to hold assemblies against government's unjust decisions or plans - such as the demonstration against the closing of Pak Moon Dam gate, for example - will be imposed. The ISOC will eventually become another government if the act is passed", said Mr. Pairot.

 

The Thai Internal Security Act in Comparison with other similar Acts

 

Dr. Naruemon Tabjumphon, a professor from Faculty of political Science, Chulalongkorn University expressed that the ISA in Thailand was derived from similar laws in other countries such as the Anti-Communism law in 1950 under the McCarthyism period. It is also similar to the law used in Malaysia (1960 Internal Security Act) and Singapore (1963 Internal Security Act) to pressure the activists.

 

"The act is also similar to the Israel model which many people see the similarity between the Thai one and Israeli ones. In Israel, people can be arrested for six months without trial. The defense minister has all the powers; some can be arrested for up to six months. It is currently being imposed in the West Bank area."

 

"In Malaysia, the Minister of Interior Ministry has the power to detain people up to 60 days. In Malaysia alone, more than 1,000 peoples are being detained under this act, such as Anwar Ibrahim and the oppositions to the Malaysian government. However, the big different is that the person in charge is the Minister of Interior Minister, but in Thailand it will be under the military.

 

"In Singapore, the ISA was used against dissidents. In 2001-2002, fifteen peoples were arrested on the charge of being related to the Jemaah Islamiah (JI), the so-called terrorist network in Southeast Asia. However, in Thailand, the situation will be much more severe since the military will be granted with all power", said Dr. Narumon.

Dr. Narumon also criticized that currently without the act; the military has been abusing its power. Recently the Pak Moon Dam protesters who were joining the Bangkok rally calling for the dam gate to be open, there were prohibited and blocked by the military from coming to Bangkok. The military tank was used to surround them; drivers of the villagers' vans were arrested.

 

This reflect that the situation even thought the act is not yet passed has tremendously affected peoples rights. If the act is passed, the situation will be much worse. The people will face more threats, without rights."

 

The Act is Contradicting to Rights and Liberties - and to the 2007 Draft Constitution

 

Meanwhile from the perspective of a legal academic, Dr. Parinya Thewanaramitkul of Thammasat University said that under the ISA, the act can be used at anywhere any time if it passed, unlike the Emergency Decree, which can be imposed only in certain region.

 

"The article 26 said that if there is the threat to the nation security and acts of propaganda, the suspects could face punishment. Will non-governmental organisations and anti-government groups fall under this category?" asked Dr. Parinya.

 

"Worse that that, under the act - cases cannot be file to the Administrative Courts which means that the check and balance system will be virtually gone. The army will be in control of all the three branches. Without the courts power, this is no democracy

 

"What is happening now is worse than during May 1992 incident, since the military junta during the Black May never has this idea in mind", stressed Dr. Parinya.

 

The Culture of Impunity will be strengthened

 

Somchai Homla-or, a human rights lawyer from Human Rights and Development Foundation expressed his worries that under current situation, bureaucrats and military have already been abusing power on the people. Evil bureaucrats will go unpunished, if this law is passed.

 

"In the past, the military committing human rights abuses in the three southern provinces in Thailand, and cases on the killing of 30 human rights defenders (HRDs) including the disappearance case of Mr. Somchai Neelaphajit are still no progress. What will happen to the issue of rule of law and the question impunity if this law is passed?"

 

"If the bill will continue, we might have to question if we need to voice out against the junta, both the government and the CNS", questioned Mr. Somchai.

 

We need to boycott the Constitution if necessary!

 

Piphob Thongchai with the Campaign for Popular Democracy expressed that if the act is passed, the constitution will not mean anything. We might have to join Professor Nithi Aewsriwong group, calling for the anti-constitution campaign. To him, the act is worse than Article 17 during General Sarit Thanarat time.

 

"I understand that there are good military men in service, but we have not been able to investigate any of the military expenditures. According to some sources, the military expenditure in Southern Thailand between 40-60 percent of the whole amount cannot be made accountable. It means that with the act passed, the power to the military will be in its extreme power.

 

The military has to be aware that the military will be countered and the government will be countered by the people if they continue pushing this act.

 

Pro-democracy, Academia, and Human Rights Activists need to Protest the Act

 

Mr. Piphob further suggested that if the act will be passed, the pro-democracy representative in the National Legislative Assembly (NLA) such as Gothom Arya, Chirmsak Pinthong, Surichai Wangkaew, and all the commissioners of the National Human Rights Commission will have to resign.