BRN's 'tough demands hidden from officials'

But the details – fully translated into English – were kept from Thai security agencies involved in the ongoing peace dialogue, allegedly because the conditions were difficult to accept and would have required parliamentary approval, according to a source from an agency who saw the document.

One of the conditions, known through a Youtube video posted by the BRN in April, is a demand that Malaysia’s role be changed from the facilitator to mediator of peace talks. This would need approval from parliament, under Article 190 of the Constitution, which stipulates such a mandate for agreements relevant to foreign affairs, according to Gen Ekkachai Sriwilas, director of the Office for Peace and Governance under King Prajadhipok’s Institute.

The source who saw the document, handed to the NSC by Malaysian authorities, said it was dated April 29, and had an English translation of the BRN’s five preconditions, which he said contained several words that disfavoured Thai authorities. The terms used included “sovereignty”, which is far-fetched and against the Constitution from a Thai points of view, and “self-determination”, which is cited in a number of United Nations charters that eventually led to the creation of new states after World War II, the source explained.

All of these preconditions were beyond the authority of the NSC or other government agencies, and would require parliamentary scrutiny and eventual approval, as they would affect constitutional rights because the issues involve national security and sovereignty, regardless of the foreign affairs element required under Article 190.

The five insurgent demands were for Malaysia to have a role as mediator, not just facilitator; dialogue to continue on behalf of Pattani Malayu people led by BRN; to have observers from Asean, the Organisation of the Islamic Conference, and NGOs, present during the talks; all detained insurgents to get unconditional release; and that BRN is recognised as liberators, not separatists.

 

Taking further action

Video messages on Youtube by BRN are regarded as informal messages, which do not require an official response from Thai authorities. But the document, translated into English and submitted through Malaysian authorities – as the facilitator, would lead to Thailand officially taking further action, as a partner in an ongoing peace dialogue, the source clarified.

Ekkachai explained that the release of all convicted insurgents and detained suspects would require amendments to several laws, which would require parliamentary scrutiny and approval.

General Samret Srirai, a special adviser to the Defence Ministry’s Secretariat, said he, as a key adviser present during all three previous meetings with the BRN, had not seen any document from the BRN. “I only know about their demands through Youtube messages,” he said. 

Another source, from the Malaysian side, said he learned of the BRN’s submission of the document in April through the “chief negotiator” on Thailand’s side, but noted it had not been distributed to Thai agencies and the preconditions never discussed among them. “There is only a list of BRN preconditions translated informally into Thai, being discussed unofficially so far,” the Malaysian source said. 

Ekkachai said the BRN preconditions, however hard-to-accept, were regarded as practical and worthy of further consideration, because it was a top-line tactic by the demander setting maximum conditions for further bargaining. 

“There is another type of preconditions known as base-line, which offer basic or minimal conditions by the demander,” he explained.

“Interpreting the preconditions should not be done with pessimism, but rather through practicality, which could drive forward the ongoing peace dialogue,” he said.