Thailand's Independent Agencies Get Mixed Reviews

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Independent agencies get mixed reviews
Pravit Rojanaphruk
The Nation

BANGKOK: -- Experts have been giving mixed reviews about the role of the country's so-called independent organisations, which were set up 15 years ago under the now-defunct 1997 Constitution.

Prof Surapol Nitikraipot, legal expert and ex-rector of Thammasat University, defended the existence of independent organisations, saying they were needed because Parliament has long failed to maintain checks and balances.

He was referring to organisations such as the Election Commission, the Anti-Corruption Commission, the Administrative Court, the Constitutional Court and the National Human Rights Commission.

The professor was speaking a seminar organised by King Prajadipok's Institute (KPI) to discuss the strengths and weaknesses of independent organisations according to the Constitution yesterday.

Surapol, a keynote speaker at the seminar, said the public should not listen to politicians who want to rid the Kingdom of these organisations, because they want full control without any scrutiny.

"Politicians tend to abuse their power, so independent organisations were created in order to supplement and create a balance within the parliamentary system," he said, adding that long single-term tenures, good salaries and having their own staff means these organisations can work without depending on politicians.

He asked how many politicians were banned from politics before these independent organisations were set up 15 years ago. "The answer is none," he said.

However, other speakers at the symposium were slightly less enthusiastic.

KPI researcher Udom Rat-amarit said the one unanswered question was "who are these organisations accountable to?"

"We must wonder who they are accountable to. They should not be treated like saints. How can we make these organisations accountable? When their objectives are not met, who will hold them responsible?"

Another problem, Udom said, was some people's belief that organisations like the Election Commission or the Anti-Corruption Commission were being used as political tools to selectively punish one side.

Thienchai na Nakorn, a law lecturer at the Sukhothai Thamma-thiraj Open University, mentioned the problem of overlapping authority and jurisdiction.

"We must think about the parameters of their political power," he said.

Chalat Jongseubphan, a sociology lecturer at Burapha University, expressed similar concerns, saying the Thai society has not achieved a consensus on the parameters of authority of these organisations and that they had been set up in a hurry.

He said these organisations needed to be restructured, adding: "We need grass roots participation as well."


-- The Nation 2013-03-01

[Locationthailand]

Are any of these independent commissions without corruption as well? Silly question I know.

[A Member]

Is anything ever truly " independent " especially here ? I can't see any Thai government ever appointing anyone who might tell it as it is and dare to criticise them, well not serious criticism anyway

[reiltin]

The events of 2007 including the banning of 111 TRT MPs and beyond show that independent agencies like the EC can impact the Thai socio-political arena-small steps perhaps but it's for the Thais themselves to decide which way the countries heading in it's nascent efforts to oversee it's own legislature.

[noitom]

Thai "independent" agencies is a preposterous proposition and it is shameful that the newspaper should report on it as there was any reconciliation of independence with expectations and reality.

[Pib]

He asked how many politicians were banned from politics before these independent organizations were set up 15 years ago. "The answer is none," he said.

Good point. Without the current independent setup Thailand now has to review candidates qualifications and other after-election reviews the govt political corruption would be worst.

[Buchholz]

Surapol, a keynote speaker at the seminar, said the public should not listen to politicians who want to rid the Kingdom of these organisations, because they want full control without any scrutiny.

"Politicians tend to abuse their power, so independent organisations were created in order to supplement and create a balance within the parliamentary system," he said

.

Surapol is correct in saying there should be resistance to the wholesale removal of these organizations.

It's not to say they are not subject to corruption themselves, but work should be done on correcting that rather than just simply throwing in the towel and dismantling them.

Additionally, there have been situations where their wrong-doing has been addressed, such as when the Election Commission members were thrown in prison for illegally giving themselves a pay raise.

There needs to be a fine tuning to their roles. One of which would be to give them more teeth when appropriate, such as the Ombudsman Office, which the Foreign Minister and Prime Minister have repeatedly blown off regarding the illegal issuance of a new passport. Also, the banning of politicians needs to be more comprehensive in its scope because as it is now, it's ineffective.

Fix the agencies, don't scrap them.

.

Edited March 1, 2013 by Buchholz

[OzMick]

A 5 year ban form politics would be much easier to enforce if it included a similar period in a cell, and have higher incentive value as well. Recidivists should be given a doubling of sentence to encourage reform.

[drdoom6996]

They didn't just become useless. They have been use less from the beginning.

[Rancid]

Since when has the notion of a coverted, well paid, governmnet, cushy job and independant have anything in common? Why bother even going there, might as well stick with the notion that there is no prostitution here either, in fact that is more believable. I suppose one thing that can help a publication is when their readers actually have no intelligence to insult.

[waza]

Better to have these independent organisations than to rely on the honesty of politician.

[jayboy]

Surapol, a keynote speaker at the seminar, said the public should not listen to politicians who want to rid the Kingdom of these organisations, because they want full control without any scrutiny."Politicians tend to abuse their power, so independent organisations were created in order to supplement and create a balance within the parliamentary system," he said.Surapol is correct in saying there should be resistance to the wholesale removal of these organizations.It's not to say they are not subject to corruption themselves, but work should be done on correcting that rather than just simply throwing in the towel and dismantling them.Additionally, there have been situations where their wrong-doing has been addressed, such as when the Election Commission members were thrown in prison for illegally giving themselves a pay raise.There needs to be a fine tuning to their roles. One of which would be to give them more teeth when appropriate, such as the Ombudsman Office, which the Foreign Minister and Prime Minister have repeatedly blown off regarding the illegal issuance of a new passport. Also, the banning of politicians needs to be more comprehensive in its scope because as it is now, it's ineffective.Fix the agencies, don't scrap them..

Agreed, but the question remains - to whom are they accountable?

[rubl]

Surapol, a keynote speaker at the seminar, said the public should not listen to politicians who want to rid the Kingdom of these organisations, because they want full control without any scrutiny."Politicians tend to abuse their power, so independent organisations were created in order to supplement and create a balance within the parliamentary system," he said.Surapol is correct in saying there should be resistance to the wholesale removal of these organizations.It's not to say they are not subject to corruption themselves, but work should be done on correcting that rather than just simply throwing in the towel and dismantling them.Additionally, there have been situations where their wrong-doing has been addressed, such as when the Election Commission members were thrown in prison for illegally giving themselves a pay raise.There needs to be a fine tuning to their roles. One of which would be to give them more teeth when appropriate, such as the Ombudsman Office, which the Foreign Minister and Prime Minister have repeatedly blown off regarding the illegal issuance of a new passport. Also, the banning of politicians needs to be more comprehensive in its scope because as it is now, it's ineffective.Fix the agencies, don't scrap them..

Agreed, but the question remains - to whom are they accountable?

Are or should be?

Prbably the answer would be a Supreme Court or maybe the Constitutional Court. Now the problem would be how to get those courts to be independant of government and politics without loosing touch with reality. All countries seem to slowly evolve and laws need to evolve as well although maybe at a much slower pace to provide continuity and stability. A lenghty process, but surely an essential one in order to get proper checks and balances. IMHO