On October 12, Mr. Mana Nimithamangkorn, President of the Anti-Corruption Organization of Thailand, posted about the laws and agencies involved in preventing and combating corruption in Thailand, stating that:
Currently, Thailand has 18 laws related to preventing and combating corruption. There are 2 independent agencies, namely NACC and OAG, and 4 other agencies, including DSI and the police.
For educational purposes, this article categorizes the laws into 4 groups before concluding why these numerous tools have failed to control corruption.
Procurement, Investment, and State Asset Management (3 laws)
1.1 Procurement and State Property Management Act B.E. 2562
1.2 Act on Offenses Related to Bidding for State Agencies B.E. 2542 (Bidding Act)
1.3 Public-Private Partnership Act B.E. 2562 (PPP Act)
Setting Standards for Public Administration and Public Services (3 laws)
2.1 Act on Facilitating Government Permit Procedures B.E. 2558
2.2 Act on Digital Government Services B.E. 2562
2.3 Electronic Government Service Act B.E. 2565
Management, Supervision, and Ethical Standards (5 laws)
3.1 Official Information Act B.E. 2540
3.2 Civil Service Act B.E. 2551
3.3 Royal Decree on Good Governance Principles B.E. 2546
3.4 Ethics Act B.E. 2562
3.5 Budget Act B.E. 2561
Laws Establishing Offenses, Measures, and State Agencies (7 laws)
4.1 Criminal Code
4.2 Act on Offenses by State Officials B.E. 2502
4.3 Organic Act on Prevention and Suppression of Corruption B.E. 2561
4.4 Organic Act on State Audit B.E. 2561
4.5 Act on Prevention and Suppression of Corruption in the Public Sector B.E. 2559
4.6 Act on Prevention and Suppression of Money Laundering B.E. 2542
4.7 Act on Establishment of the Anti-Corruption Court B.E. 2559
Laws That Need to Be Enacted or Amended
Currently, we should pay attention to important laws that are “missing” or “in the process of being amended,” such as the Act on Conflicts of Interest, Anti-SLAPP Law, which is partially included in the NACC Act but not comprehensive enough, the Royal Decree on Asset and Liability Disclosure for All State Officials as stipulated in the National Reform Plan, and the NACC Act.
Laws That Need to Be Amended to Align with OECD Standards and the OECD Anti-Bribery Act, such as measures for recovering state assets from corruption, leniency programs, and improving measures for holding legal entities accountable for bribing state officials, making them clearer and more effective, as stipulated in the NACC Act, Section 176, among others.
Conclusion
Having numerous laws and agencies inevitably incurs budgetary and personnel costs, creating a significant burden on individuals, agencies, and the public.
There is always the question: “Does Thailand have too many laws and agencies related to anti-corruption?” The answer must consider the outcomes: how swift, decisive, comprehensive, and cost-effective they are.
However, the current widespread and severe corruption proves that agencies are still accustomed to maintaining their roles, powers, and achievements, lacking support and coordination, being non-transparent, difficult to audit, abusing power, being influenced, biased, and fearing those in power.
Meanwhile, the corrupt are within these agencies, knowing the channels of benefit and internal mechanisms well. Therefore, no matter how many laws or agencies are created, corruption cannot be stopped!!