Thai Ombudsman's Office Stands Up And Shows Some Claws: Analysis

[webfact]

ANALYSIS

Ombudsman's office stands up and shows some claws

Chanikarn Phumhiran,

Atapoom Ongkulna

The Nation

BANGKOK: -- With a series of high-profile probes launched over the past year, many believe the Ombudsman's Office is a "sleeping giant" finally awoken, but only time will tell if the agency can truly work independently, in accordance with the spirit of the Constitution.

The Ombudsman's Office has examined Prime Minister Yingluck Shinawatra's ethics for skipping a House meeting during the Four Seasons Hotel controversy, to investigating the qualifications of PM's Office Minister Nalinee Taveesin and Deputy Agriculture and Cooperatives Minister Natthawut Saikua.

Nalinee has been blacklisted by the US over alleged business deals with the regime of Zimbabwean President Robert Mugabe, while Natthawut is a core red-shirt leader involved in the political violence in April-May 2010.

Credit should also go to the Ombudsman for the apparent about-turn in which the Foreign Ministry has been obliged to review its policy of issuing a Thai passport to ex-PM Thaksin Shinawatra following the Ombudsman's recommendation.

If the Foreign Ministry refuses to revoke the passport it issued to the fugitive former leader last year, not only would Foreign Minister Surapong Towichukchaikul face the possibility of a court trial for malfeasance, but the Yingluck government could also be brought down by judicial activists, hoping to see history repeat itself.

The Ombudsman's office is one of several independent agencies established in 1999 under the 1997 Constitution. Of all the independent agencies created by this Constitution, the Ombudsman has been the least talked about, at one point even seen as so insignificant as to be at risk of disbandment.

But under management of Chief Ombudsman Panit Nitithanprapas, plus Ombudsman Prof Siracha Charoenpanij and Ombudsman Dr Pravich Rattanapian, the public has not only learnt more about the role and authority of this agency, it has also come to see the Ombudsmen do have claws and teeth.

Ombudsman's Office secretary-general Chalermsak Chantaratim said Thai society had become more aware of checks on officials and politicians' ethics, whereas before courts were the only institution seen by the public as checking lawbreakers. They did not know who the ombudsman was.

"Since the 2007 Constitution has empowered the Ombudsman with more authority to examine politicians and officials' ethics, the agency has helped complete the democratic process. We have carried out checks in a straightforward and righteous manner so the public has put more trust in us,'' he said.

New Politics Party leader Somsak Kosaisuk, who filed a complaint with the office over Thaksin's passport, said he chose to file the complaint with the Ombudsman because the agency had proven itself to be neutral and to make trustworthy decisions. "Whenever the Ombudsman makes a decision and politicians are upset to the point they threaten to disband the agency, we know we can trust the agency," he said.

Kanin Bunsuwan, a writer of the 1997 charter, said the Ombudsman is not short of "teeth and claws" - and they were "hidden" in the 2007 Constitution by the Council of National Security.

He said the 1997 Constitution allowed the ombudsman only to present their recommendations to Parliament, but the 2007 Constitution empowered it to summons and question officials.

"The Ombudsman's probes involve ethics, which is quite an abstract issue, so there has not been evidence and grounds to incriminate people,'' he said.

Many believe the Ombudsman's Office has walked the correct path,

but it will take more time for them to firmly establish itself as a truly independent agency that does not bow to political power.

-- The Nation 2012-10-17

[asiawatcher]

I hope the Ombudsman's Office sucks up a few more of the plethora of public servants - those with morals - and start the checks and balances in ernest to keep a tighter control on the corrupt thieves presently running the country as well as those lined up to step into place on the changeover. I certainly endorse greater powers to the Office.

[bigbamboo]

Thailand's great white hope?

[Thai at Heart]

I tell you what, it's a job I would love to have. Are there enough hours in the day to cover all of the wrongdoings that go on in a day in Thai politics?

[indyuk]

I tell you what, it's a job I would love to have. Are there enough hours in the day to cover all of the wrongdoings that go on in a day in Thai politics?

Sir, I think you misunderstand the brief of an Ombudsman and his staff. Unless Thailand has written up an abomination of what an Ombudsman is by precedent and it's Swedish origin of the order; you will find that he may not instruct, direct of Judge. He must abide by the rules of impartiality and fairness in analysis, seek advice when necessary, consolidate his finding and advise the delinquent authority of his view. That is it. His job is not judicial in any way. That is for the Thai judicial system alone.

Further it is worth noting that the services of the Ombudsman's is intended to serve any member of the electorate in order to ensure that he truly seeks to respond to the needs of the people to be able to discover his findings in matters perceived to be damaging the 'little men' as the Swedes' once described them.

Edited October 17, 2012 by indyuk

[Rancid]

Yes, seems apparent to me that the Ombudsman will take on and wipe out the endemic corruption in government, the army, the police, education, the public service amd all levels of city and local government. Either that or realise that they don't really want an inactive post and decide that Thais are used to and willing to put up with it all due to their feudal cultural heritage and complete obesience to the Poo-yai. Come to think of it I am leaning more towards the latter, however the former does at least make some nice headlines between the new weekly hubs.