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Thailand: Malay-Muslim Insurgency and the Dangers of Intractability
Thailand: Malay-Muslim Insurgency and the Dangers of Intractability
Report 105 / Asia

Thailand's Emergency Decree: No Solution

The Muslim-majority region of southern Thailand continues to experience a relatively low-level insurgency but a state of emergency imposed on three provinces is no solution to the conflict that has claimed more than 1,000 lives since January 2004.

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Executive Summary

The Muslim-majority region of southern Thailand continues to experience a relatively low-level insurgency but a state of emergency imposed on three provinces is no solution to the conflict that has claimed more than 1,000 lives since January 2004. The decree has deepened mistrust of the security forces, worsened public discontent with the government's approach to the insurgency and heightened the risk of human rights abuses. Prime Minister Thaksin Shinawatra should take immediate steps to moderate the decree or risk plunging the area into worse violence.

The Executive Decree on Public Administration in Emergency Situations took effect on 19 July 2005 in Narathiwat, Pattani and Yala and was renewed for three months on 19 October. While it was designed to be a softer version of martial law, many see it as harsher. Far from helping to restore trust between the government of Prime Minister Thaksin and the Malay Muslims, the decree has further eroded it.

The head of the government-appointed National Reconciliation Commission says the decree gives security forces a "licence to kill". Two provisions, one granting law enforcement officers immunity from prosecution and the other suspending the jurisdiction of administrative courts to prosecute officials for human rights violations, leave citizens with no redress for abuses. Despite some legal safeguards, the decree leaves loopholes that heighten the risk of arbitrary detention and mistreatment of detainees. In practice, the government's powers are the same as they were under martial law, but with less accountability.

One particular problem that has emerged is blacklisting, where police and soldiers go to villages with lists of suspects, often based on weak intelligence and weaker evidence. Those on the lists are told to surrender or face arrest or worse. While the government denies such lists are being used, village headmen confirm the practice.

Three incidents demonstrate the depth of fear and alienation in areas designated "red zones" -- those suspected of being insurgent strongholds. One involves the death of an imam, where suspicion of the government is preventing any official investigation. The second involves the flight to Malaysia of 131 villagers, and the third relates to mysterious murders that led angry villagers to capture and detain soldiers who were later killed by local militants.

A by-product of the deteriorating situation has been a sharp downturn in relations between Thailand and Malaysia, related to Bangkok's long-running accusation that its neighbour turns a blind eye to Thai separatist militants taking refuge in northern states and aggravated in recent months by inept handling of the "refugee" issue.

Thus far, there is no evidence of outside involvement in the violence, despite mounting speculation. However, there are legitimate concerns that if the violence worsens, it might be exploited by jihadi groups to establish a new area for training and recruitment, as has happened in other conflict zones in South East Asia.

The only clear impact of the emergency decree has been increased alienation of Malay Muslims. Despite the absence of any demonstrable strategic gain from the emergency decree, the cabinet renewed it. Unless relations between the security forces and southern Muslims begin to improve, however, and until reports of abuses and disappearances can be properly investigated, the growing alienation may turn into sympathy, support and even recruits for the insurgency.

Jakarta/Brussels, 18 November 2005

Commentary / Asia

Thailand: Malay-Muslim Insurgency and the Dangers of Intractability

The Malay-Muslim separatist insurgency in Thailand’s South has little in common with jihadism, but persistent instability could provide openings for foreign jihadists who thrive on  disorder. In this excerpt from the Watch List 2017 – Second Update early warning report for European policy makers, Crisis Group urges the European Union and its member states to encourage Bangkok to accept some degree of decentralisation and to implement measures that can diminish radicalisation.

This commentary is part of our Watch List 2017 – Second Update.

The occurrence of Islamic State in Iraq and Syria (ISIS)-linked or inspired violence in Jakarta, Mindanao, and Puchong, near Kuala Lumpur, has raised fears of a new era of transnational jihadist terrorism in South East Asia. To date, ISIS has used Thailand as a transit point rather than a target; indeed, there is no known case of a Thai citizen joining the group. But the persistence of a Malay-Muslim separatist insurgency in the kingdom’s southernmost provinces, where roughly 7,000 people have been killed since 2004, is a source of concern among some Western governments, Thai officials, local people and even some within the militant movement. Repeated, if poorly substantiated reports of ISIS activity in Thailand, from foreign fighters transiting through Bangkok to allegations of Malaysian ISIS members buying small arms in southern Thailand, have prompted questions about the insurgency’s susceptibility to radicalisation along transnational jihadist lines. Yet even absent intervention by foreign jihadists, the insurgency’s own dynamics could lead to greater violence.

Thus far, the separatist insurgency has had little in common with jihadism. Rooted in the country’s nearly two million Malay Muslims, who constitute a majority in the provinces of Narathiwat, Pattani and Yala, its aspirations are nationalist in nature: liberation of Patani, the homeland they consider to have been colonised by Thailand, and defence of Patani-Malay identity against so-called Siamification. Moreover, the insurgency draws support from traditionalist Islamic leaders, upholders of a syncretic, Sufi-inflected Islam who oppose the rigid views propagated by jihadists. Even the relatively small Salafi minority rejects ISIS’s brutal tactics and apocalyptic vision; some among them claim that ISIS is a product of Western machinations. For Barisan Revolusi Nasional Patani Melayu (BRN, Patani-Malay National Revolutionary Front), the main Malay-Muslim militant group, in other words, association with transnational jihadists would risk cutting them off from their base while triggering greater isolation. It could also internationalise efforts to defeat them.

Dangers of an Intractable Conflict

Yet perpetuation of the conflict risks altering its trajectory which, in turn, threatens to change the nature of the insurgency. In principle, this could potentially open opportunities for foreign jihadists, who have proven adept at exploiting other protracted conflicts. That remains for now a theoretical threat: little evidence thus far suggests jihadist penetration in Southern Thailand. As noted, neither the insurgency nor the broader Malay Muslim community has shown any inclination toward jihadism.

Without progress in peace talks or an inclusive dialogue, insurgents might resort to more dramatic acts of violence.

Without progress in peace talks or an inclusive dialogue, insurgents might resort to more dramatic acts of violence however. They already have shown they can stage attacks outside the deep south, as they did in August 2016 when they conducted a series of coordinated, small-scale bombings in seven resort areas, wounding European tourists among others. Militant groups also might splinter, with rival factions competing to demonstrate their capabilities to potential supporters and the government. In turn, increased violence or attacks against civilians – particularly outside the conflict zone – could fuel an anti-Islamic backlash and stimulate Buddhist nationalism, creating tensions between Muslim and Buddhist communities throughout the country. A prolonged conflict means more young Malay Muslims will have grown up in a polarised society and experienced traumatic events. This could split a more pragmatic elder generation from a more militant younger one.

Stalled dialogue

The surest way to reduce these risks would be to bring the insurgency to an end – a task at present both daunting and long-term. The ruling, military-led National Council for Peace and Order, which seized power in a May 2014 coup, is engaged in a dialogue with MARA Patani (Majlis Syura Patani, Patani Consultative Council), an umbrella group of five militant organisations whose leaders are in exile. But many perceive the dialogue, facilitated by Malaysia, essentially as a public-relations exercise through which Bangkok intends to signal its willingness to peacefully resolve the conflict without making any concessions. Likewise, there are doubts that MARA can control most fighters: although the BRN has the top three slots in MARA Patani’s leadership, BRN’s information department insists these members have been suspended and do not speak for the organisation.

After a year-and-a-half, the MARA process remains stuck. In April 2016, the Thai government balked at signing a Terms of Reference agreement to govern talks, which remain unofficial. At the time, Prime Minister Prayuth Chan-ocha argued that MARA lacked the necessary status to act as the government’s counterpart. After a hiatus, the two sides resumed their meetings in August and, in February 2017, they agreed in principle to establish “safety zones”, district-level compacts in which neither side would target civilians. They also agreed to form inclusive committees to investigate violent incidents, although details still need to be worked out and they have yet to announce a district for pilot implementation.

For its part, BRN insists on impartial international mediation and third-party observers as conditions for formal talks with Bangkok. In a 10 April 2017 statement, BRN’s information department reiterated these prerequisites and noted that negotiating parties themselves should design the process, a jab at Malaysia’s role as facilitator. Demonstrating that they exercised control over fighters, the BRN implemented an unannounced lull in attacks from 8 to 17 April, a period preceded and followed by waves of coordinated attacks across several districts.

In late June 2017, a senior Thai official said that the government might re-examine the issue of the identity of its counterpart, a rare public sign of high-level deliberation and possible flexibility. Although this could suggest willingness to consider BRN’s conditions – including the sensitive question of Malaysia’s role and that of any internationalisation – which it previously had rejected outright, it could also constitute another delaying tactic.

The National Council for Peace and Order apparently still clings to the conviction that the conflict can be resolved through attrition, enemy surrenders and economic development, without any fundamental change in state/society relations in the deep south. The military, whose entire ethos is based on the image of national unity and whose senior officers tend to view enhanced local power as a first step toward partition, is loath to contemplate autonomy or political decentralisation. Since taking power, it has suppressed once-lively public debate about decentralisation models, such as proposals for elected governors or sub-regional assemblies.

Options for the European Union

In this context, one of the international community’s longer-term goals should be to encourage Bangkok to accept some degree of political decentralisation as fully compatible with preservation of national unity. For the European Union (EU) and those EU member states that are engaged in the country such as Germany, in particular, an important objective would be to encourage the government to establish a more inclusive dialogue and to support it, when possible, through capacity building for both parties. Admittedly, their influence with the National Council for Peace and Order is limited. After the 2014 coup, the EU suspended official visits to and from Thailand, as well as negotiations for the Free Trade Agreement and the Partnership Cooperation Agreement, pending a return to elected government. Restrictions on popular representation, codified in the new constitution and laws, mean that even a general election, now scheduled for 2018, might not satisfy the EU’s requirement of functioning democratic institutions. Moreover, Bangkok is not yet prepared to countenance an EU role.

[The] EU and member states should urge the Thai government to restore civil liberties and freedom of expression to allow more open discussion and debate.

That aside, relations with Bangkok are not hostile; Thailand and the EU held a Senior Officials Meeting 9 June 2017 in Brussels, the first since 2012. When conditions permit, the EU should be well placed to support a peace process, given perceptions in Thailand of its impartiality. In the meantime, the EU and member states should continue encouraging the parties to deal with each other constructively. This could include sharing experiences in sub-national conflict resolution and political power devolution or offering training on matters such as negotiations, communication and conflict management.

In the near term, the EU and member states should urge the Thai government to restore civil liberties and freedom of expression to allow more open discussion and debate. Among other benefits, such steps would facilitate a public conversation within Malay Muslim communities that, in turn, might diminish risks of radicalisation. Already, the EU backs civil-society organisations’ endeavours to promote community and youth engagement in peace building. This ought to continue.