DOCSLIB.ORG

An Overview of Thailand's Anti-Corruption Legislation

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
An Overview of Thailand's Anti-Corruption Legislation AN OVERVIEW OF THAILAND'S ANTI‐CORRUPTION LEGISLATION By Karsta Straub (2004) Updated August 2009 by Titirat Wattanachewanopakorn and Clemence Gautier Under the supervision of David Lyman, Chairman & Chief Values Officer Tilleke & Gibbins International Ltd. With the assistance of Ms. Uruphan Benjarurawong, who translated numerous provisions and helped interpret unclear translations and Dr. Piyawat Sivaraks, who provided information on the Civil Service Act for correctness Bangkok Supalai Grand Tower, 26th Floor Tel: +66 2653 5555 1011 Rama 3 Road Fax: +66 2653 5678 Chongnonsi, Yannawa E‐mail: [email protected] Bangkok 10120, Thailand Website: www.tillekeandgibbins.com Table of Contents Page I. ANTI‐CORRUPTION LEGISLATION – GENERAL 1 II. DEFINITION 2 III. ANTI‐CORRUPTION LEGISLATION IN THAILAND 2 A. Penal Code 3 B. Constitution of Thailand B.E. 2550 (A.D. 2007) 6 National Anti‐Corruption Commission Concept of “Unusual Wealth” Declaration of Assets and Liabilities Impeachment and Criminal Prosecution Other Constitutional Measures to Fight Corruption C. Organic Act on Counter Corruption B.E. 2542 (A.D. 1999), as amended by 8 No. 2 B.E. 2550 (A.D. 2007) D. Organic Act on Criminal Procedures for Persons Holding Political Positions 9 B.E. 2542 (A.D. 1999), as amended by No. 2 B.E. 2550 (A.D. 2007) E. Management of Partnership Stakes and Shares of Ministers Act B.E. 2543 9 (A.D. 2000) F. Organic Act on the Election Commission B.E. 2550 (A.D. 2007) and Organic 10 Act on the Election of Members of the House of Representatives and the Selection of Senators B.E. 2550 (A.D. 2007) G. Civil Service Act B.E. 2551 (A.D. 2008) 13 H. Act Governing Liability for Wrongful Acts of Competent Officers B.E. 2539 14 (A.D. 1996) I. Additional Regulations and Directives Governing the Conduct of 15 Government Employees Regulations of the Office of the Civil Service Commission on Ethics of Civil Servants B.E. 2537 (A.D. 1994) © 2009 Tilleke & Gibbins International Ltd. i Regulations of the Office of the Prime Minister on Soliciting Donations by Government Agency B.E. 2544 (A.D. 2001), as amended by No. 2 B.E. 2549 (A.D. 2006) Regulations of the Office of the Prime Minister on the Giving or Accepting of Gifts by Government Officers B.E. 2544 (A.D. 2001) Regulations of the Office of the Prime Minister on Ethical Code of Political Officials B.E. 2551 (A.D. 2008) J. Regulations of the Office of the Prime Minister on Procurement B.E. 2535 15 (A.D. 1992), as amended up to No. 7 B.E. 2552 (A.D. 2009) K. Act on Offenses Relating to the Submission of Bids to State Agencies B.E. 18 2542 (A.D. 1999) L. Official Information Act B.E. 2540 (A.D. 1997) 19 M. Whistleblower Protection Bill 19 N. Money Laundering Prevention and Suppression Act B.E. 2542 (A.D. 1999), 19 as amended up to No. 3 B.E. 2552 (A.D. 2009) O. Act on Establishment of Administrative Court and Administrative Court 21 Procedure B.E. 2542 (A.D. 1999), as amended up to No. 5 B.E. 2551 (2008) P. The 30th Announcement of the Council for National Security: Examination 21 of Conduct Causing Damages to the State B.E. 2549 (A.D. 2006), as amended by No. 2 B.E. 2550 (A.D. 2007) IV. CORPORATE GOVERNANCE 25 Public Limited Companies Act B.E. 2535 (A.D. 1992), as amended up to No. 3 B.E. 2551 (A.D. 2008) Securities and Exchange Act B.E. 2535 (A.D. 1992), as amended up to No 4 B.E. 2551 (A.D. 2008) Civil and Commercial Code V. FOREIGN CONVENTIONS 25 VI. ANTI‐CORRUPTION LEGISLATION IN THAILAND – IMPLICATIONS 27 VII. INSTITUTIONS 28 © 2009 Tilleke & Gibbins International Ltd. ii AN OVERVIEW OF THAILAND'S ANTI‐CORRUPTION LEGISLATION he purpose of this paper is to provide basic information on the anti‐corruption legislation in Thailand. We would like this paper to be viewed and used as a living T document, open to corrections and suggestions. We hope that it can serve as a framework for different groups which are interested in the field of anti‐corruption and that it will be amended accordingly by different professions to serve varying purposes. In that context, we would like to stress that a number of anti‐corruption laws and institutions have been fairly newly established. They are going through the phase of first‐time applications, and it would be premature to comment on their implications or speculate about the interpretation of certain provisions. Please note that only regulations concerning corrupt practices as such will be discussed. For questions relating to good governance and corporate governance, please refer to information that specifically deals with the responsibilities of directors and other company officers. I. ANTI‐CORRUPTION LEGISLATION – GENERAL When talking about laws to fight corruption, we do not concentrate only on the criminal law and the laws of evidence, although they are without a doubt important. But focusing on these elements alone ignores a wide array of necessary laws. These include legislation that covers, for example, access to information, conflict of interest, public procurement, freedom of expression and the press, protection of whistleblowers and complainants, gifts and hospitality, judicial review of the legality of administrative actions, and others. There are a number of laws in Thailand that contain anti‐corruption measures. Not all of them deal explicitly with corruption, but rather include regulations that indirectly aim at the prevention of corrupt practices. Interestingly, the laws dealing with corruption reflect, to some extent, the character of each of the previously short‐lived administrations. As a consequence of different priorities of © 2009 Tilleke & Gibbins International Ltd. 1 respective governments, the Thai anti‐corruption legislation as a whole may not seem totally homogeneous and fails to reflect an unequivocal national approach with regard to curbing corruption. In particular, some administrations allowed for more discretion than others in the determination of corrupt practices by making extensive use of unclear language in the legislation. Often, the law includes vaguely defined exceptions that open up the opportunity to undermine its effectiveness. However, it should be noted that Thailand, in comparison to a large number of other countries, has enacted an impressive number of laws dealing with corruption and ethical standards. II. DEFINITION Controversy over corruption begins with its definition. The term “corruption” has been used to refer to a wide range of illicit or illegal activities. Although there is no universal or comprehensive definition of what constitutes corrupt behavior, the most prominent definitions emphasize the abuse of public power or public position for personal benefit. These definitions—placing the public sector at the center of the phenomenon—do not cover private‐to‐private corruption. No doubt, this is because the discussion of the detrimental impacts of corruption in the private sector is only a recent development. The definition contained in the Thai Organic Act on Counter Corruption follows these general guidelines but also includes fraud. In addition, when discussing the parties involved in corruption, the terms “active” and “passive” corruption are commonly used. In this context, “active” refers to the offering of a bribe (the supply side), while the action of receiving a bribe (demand side) is described as “passive” corruption. III. ANTI‐CORRUPTION LEGISLATION IN THAILAND From 1932 to 1975, corruption and bribery were regulated through the respective Criminal Codes only. In 1975, Professor Sanya Dhamasakti (the Prime Minister), Pol. Maj. Gen. Atthasit Sitthisunthorn (the Minister of Interior), and some members of Parliament who perceived the need for special legislation to combat corruption in Thailand successfully pushed for the promulgation of the Counter Corruption Act and established the Office of the National Anti‐ Corruption Commission (ONAC) to deal with the problem in the public sector. However, the © 2009 Tilleke & Gibbins International Ltd. 2 ONAC remained a “paper tiger” mainly due to its lack of investigative powers. In 1992, the Civil Service Act was drafted to prescribe the conduct of government employees in office. In October 1997, Thailand promulgated its fifteenth constitution in 65 years. This charter, for the first time in Thai history, established a constitutional mechanism to attempt to secure accountability of politicians and bureaucrats. Under the 1997 Constitution, Thailand sought to curb corruption through a system of declaration of assets and liabilities and through the creation of an independent counter‐corruption agency. Subsequently, a number of laws were enacted to give substance to the provisions in the charter. Because of the coup on September 19, 2006, the 1997 Constitution was abrogated. This led to a period in which the royally endorsed junta ruled the country by martial law and executive decree for several weeks until it promulgated an interim constitution on October 1, 2006. The interim constitution allowed the junta to appoint a Prime Minister, legislature, and drafting committee for a permanent constitution. The need for an updated and more appropriate anti‐corruption policy was acknowledged by the Constitutional Drafting Committee. In August 2007, Thailand finally promulgated its sixteenth constitution which was generally similar to the previous one, with the exception of certain provisions relating to corruption. A. Penal Code Effective criminal laws should account for the six basic offenses: (1) bribery of public servants; (2) solicitation or acceptance of gifts by public servants; (3) abuse of political positions for personal advantage; (4) possession of unexplained wealth by a public servant; (5) secret commissions made by agents or employees in the case of private sector corruption; and (6) cases of bribes and gifts to voters. These offenses, with the exception of private sector corruption, are dealt with in a variety of Thai laws.
Load more

Recommended publications
  • Niyomchat -Evaluation of Current Situation of Bribery and Corruption in Thailand.Pdf
    Evaluation of Current Situation of Bribery and Corruption in Thailand Perceptions of Government Officials and Ordinary Citizens to the Situation MPP Professional Paper In Partial Fulfillment of the Master of Public Policy Degree Requirements The Hubert H. Humphrey School of Public Affairs The University of Minnesota Pattarapong Niyomchat May 15, 2015 Signature below of Paper Supervisor certifies successful completion of oral presentation and completion of final written version: ______John Brian Atwood__ ______ ____________________ ___________________ Typed Name & Title, Paper Supervisor Date, oral presentation Date, paper completion _______ Robert Kudrle ________ ___________________ Typed Name & Title, Second Committee Member Date Signature of Third Committee Member, certifying successful completion of professional paper ______ Steven Andreasen______ ___________________ Typed Name & Title, Third Committee Member Date Signature of Third Committee Member, certifying successful completion of professional paper Page | 1 Evaluation of Current Situation of Bribery and Corruption in Thailand Perceptions of Government Officials and Ordinary Citizens to the Situation Pattarapong Niyomchat UNIVERSITY OF MINNESOTA, PA8921 Page | 2 Table of Contents Executive Summary ....................................................................................................................................... 5 1. Overview ..............................................................................................................................................
    [Show full text]
  • OECD Integrity Review of Thailand
    OECD Public Governance Reviews OECD Public Governance Reviews OECD Integrity Review of Thailand TOWARDS COHERENT AND EFFECTIVE INTEGRITY POLICIES OECD Integrity Review of Thailand TOWARDS COHERENT AND EFFECTIVE INTEGRITY POLICIES OECD Public Governance Reviews OECD Integrity Review of Thailand TOWARDS COHERENT AND EFFECTIVE INTEGRITY POLICIES This work is published under the responsibility of the Secretary-General of the OECD. The opinions expressed and arguments employed herein do not necessarily reflect the official views of OECD member countries. This document, as well as any data and any map included herein, are without prejudice to the status of or sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area. Please cite this publication as: OECD (2018), OECD Integrity Review of Thailand: Towards Coherent and Effective Integrity Policies, OECD Public Governance Reviews, OECD Publishing, Paris. http://dx.doi.org/10.1787/9789264291928-en ISBN 978-92-64-29191-1 (print) ISBN 978-92-64-29192-8 (PDF) ISBN 978-92-64-29193-5 (epub) Series: OECD Public Governance Reviews ISSN 2219-0406 (print) ISSN 2219-0414 (online) The statistical data for Israel are supplied by and under the responsibility of the relevant Israeli authorities. The use of such data by the OECD is without prejudice to the status of the Golan Heights, East Jerusalem and Israeli settlements in the West Bank under the terms of international law. Photo credits: Cover ©lOvE lOvE/Shutterstock.com Corrigenda to OECD publications may be found on line at: www.oecd.org/about/publishing/corrigenda.htm.
    [Show full text]
  • Chapter 1. an Overview of Governance and Corruption in Thailand
    1. AN OVERVIEW OF GOVERNANCE AND CORRUPTION IN THAILAND 13 │ Chapter 1. An overview of governance and corruption in Thailand This chapter assesses the current situation in Thailand with regards to governance and corruption. Looking at international indicators as well as the perspectives on corruption of both business and citizens in Thailand, the analysis shows that corruption and bribery are prevalent in both the public and the private sectors. These results highlight the need for Thailand to strengthen its governance framework and promote a culture of integrity to mitigate corruption risks. OECD INTEGRITY REVIEW OF THAILAND © OECD 2018 14 1. AN OVERVIEW OF GOVERNANCE AND CORRUPTION IN THAILAND │ Introduction Corruption perpetuates inequality and poverty, negatively affecting the well-being of citizens. It can result in the unequal distribution of income and undermine opportunities for individuals to participate in social, economic and political life (OECD, 2017[1]). Corruption also hampers a country’s economic development. Indeed, it has a negative impact on investment, competition, human capital formation and government efficiency. Erosion of public trust and widening socio-economic inequalities are exacerbated by corruption in the public sector. It is therefore imperative that governance systems contain strong mechanisms to mitigate the risks of corruption and to ensure the effective delivery of public services. Integrity is essential for building strong institutions, and assures citizens that the government is working in their interest. Strengthening public integrity means shifting from ad hoc anti-corruption and integrity policies to a comprehensive, risk-based approach, with an emphasis on cultivating a culture of integrity across the whole of government and society.
    [Show full text]
  • Anti-Corruption Agencies in Four Asian Countries: a Comparative Analysis*
    ANTI-CORRUPTION AGENCIES IN FOUR ASIAN COUNTRIES: A COMPARATIVE ANALYSIS Jon S.T. Quah ABSTRACT To be effective, anti-corruption agencies (ACAs) must satisfy these six preconditions: (1) they must be incorruptible; (2) they must be independent from the police and from political control; (3) there must be comprehensive anti-corruption legislation; (4) they must be adequately staffed and funded; (5) they must enforce the anti-corruption laws impartially; and (6) their governments must be committed to curbing corruption in their countries. This article assesses the effectiveness of the ACAs in Singapore, Hong Kong, Thailand and South Korea in terms of these preconditions. It concludes that the ACAs in Hong Kong and Singapore are more effective than their counterparts in South Korea and Thailand because of the political will of their governments, which is reflected in the provision of adequate staff and budget to Hong Kong’s Independent Commission Against Corruption and Singapore’s Corrupt Practices Investigation Bureau, and the impartial enforcement of the comprehensive anti-corruption laws in both city-states. INTRODUCTION Corruption is a serious problem in many Asian countries, judging from their ranking and scores on Transparency International’s Corruption Perceptions Index (CPI). To combat corruption these countries have relied on three patterns of corruption control. The first pattern relies on the enactment of anti-corruption laws without a specific agency to enforce these laws. For example in Mongolia, the Law on Anti-Corruption that was introduced in April 1996 is jointly implemented by the police, the General Prosecutor’s Office, and the Courts (Quah, 2003a, p.
    [Show full text]
  • Corruption and Good Governance in Asia
    046.qxd 9/25/2006 12:01 PM Page 1 Batch number: 1 CHECKLIST (must be completed before press) (Please cross through any items that are not applicable) Front board: Spine: Back board: ❑ Title ❑ Title ❑ ISBN ❑ Subtitle ❑ Subtitle ❑ Barcode ❑ Author/edited by ❑ Author/edited by Edited by IN ASIA AND GOOD GOVERNANCE CORRUPTION ❑ Series title ❑ Extra logo if required ❑ Extra logo if required Corruption and Good General: ❑ Book size Governance in Asia ❑ Type fit on spine Nicholas Tarling Nicholas CIRCULATED Date: SEEN BY DESK EDITOR: REVISE NEEDED Initial: Date: APPROVED FOR PRESS BY DESK EDITOR Initial: Date: Edited by Nicholas Tarling ,!7IA4BISBN 978-0-415-36904-6 Routledge studies in the modern history of Asia www.routledge.com ï an informa business PC4 Royal Demy B-format Spine back edge Corruption and Good Governance in Asia In recent years much has been said about governance and corruption in Asia, both before and after the 1997 crisis. This edited volume analyses the causes of corruption in East and Southeast Asia and considers the means of limiting and, wherever possible, eliminating the problem through better governance. Taking a country-by-country approach, the book explores the diversity in the quality of governance and patterns of corruption among countries and regions. Insightful analysis of these differences and similarities is used to argue that political will, appropriate structures and legislation, and political transparency are required if corruption is to be stopped. All these are needed along with a strategy relevant to the circumstances of the particular country concerned. This volume outlines the key principles of good governance and the policies and practices essential for their application.
    [Show full text]
  • A Coup Ordained? Thailand's Prospects for Stability
    A Coup Ordained? Thailand’s Prospects for Stability Asia Report N°263 | 3 December 2014 International Crisis Group Headquarters Avenue Louise 149 1050 Brussels, Belgium Tel: +32 2 502 90 38 Fax: +32 2 502 50 38 [email protected] Table of Contents Executive Summary ................................................................................................................... i I. Introduction ..................................................................................................................... 1 II. Thailand in Turmoil ......................................................................................................... 2 A. Power and Legitimacy ................................................................................................ 2 B. Contours of Conflict ................................................................................................... 4 C. Troubled State ............................................................................................................ 6 III. Path to the Coup ............................................................................................................... 9 A. Revival of Anti-Thaksin Coalition ............................................................................. 9 B. Engineering a Political Vacuum ................................................................................ 12 IV. Military in Control ............................................................................................................ 16 A. Seizing Power
    [Show full text]
  • Thailand's Collective Action Coalition
    LAD CASE STUDY Thailand’s Collective Action f Coalition Against Corruption David Cutler LAD ABOUT LAD The Leadership Academy for Development (LAD) trains government officials and business leaders from developing countries to help the private sector be a constructive force for economic growth and development. It teaches carefully selected participants how to be effective reform leaders, promoting sound public policies in complex and contentious settings. LAD is a project of the Center on Democracy, Development and the Rule of Law, part of Stanford University’s Freeman Spogli Institute for International Studies, and is conducted in partnership with the Johns Hopkins School of Advanced International Studies. Thailand’s Collective Action Coalition Against Corruption Political violence flared once again in Thailand in 2010 as the army splintered and protests shut down the capital for weeks on end. Corruption, long a part of daily life for Thai citizens and businesses, flourished amid such instability. The World Bank warned that rampant bribery and regulatory disarray were impeding growth and scaring off foreign investment. The government was more concerned with its own day-to-day survival, but some business leaders had had enough. Twenty-seven of Thailand’s largest companies announced the formation of a new anti-corruption coalition in November 2010, with support and organizational backing from the Thai Chamber of Commerce, international partners like the Center for International Private Enterprise, and a pioneering corporate governance NGO—the Thai Institute of Directors (IOD). The initiative, called the Collective Action Coalition Against Corruption (CAC), was motivated by the idea that corruption is a supply-and-demand problem.
    [Show full text]
  • Mapping Exercise of Corruption and Governance Measurement Tools in Asia and Caucasus Countries
    Corruption and Governance Measurement Tools in Asia and Caucasus countries – February, 2005 Mapping exercise of Corruption and Governance Measurement Tools In Asia and Caucasus countries Policy and Research Department1 Transparency International Secretariat Table of contents: Part I: Background and methodology p.1 Part II: Mapping the tools (listed by type) p.2 A. Single Country Tools A.1 Opinion Surveys on Perceptions and Experiences of Corruption p.2 A.2 Public Sector Diagnostics p.19 A.3 Sectoral Surveys p.23 A.4 Press Monitoring p.26 B. Multi Country Tools p.28 B.1 Opinion Surveys p.28 B.2 Public Sector Diagnostic p.31 B.3 Private Sector Environment Surveys p.32 B.4 Democracy and Governance Cross Country Indicators p.36 Summary p.40 Appendix (attached): Matrix of the tools (listed per country) Part I: Background and methodology The purpose of the study Following on from the report on Local Corruption Diagnostics and Measurement Tools in Africa, carried out by Transparency International for the U4 in February 2004, DFID has requested that TI identify and present the international, national and local tools that measure corruption and related phenomenon in Asia and the Caucasus. DFID has expressed interest in the following key focus countries for this exercise: Armenia, Bangladesh, Cambodia, Georgia, Kyrgyzstan, India, Indonesia, Malaysia, Moldova, Nepal, China, Pakistan, Sri Lanka, Tajikistan, Thailand and Vietnam. For Pakistan and India, special attention will be given to the tools assessing the provinces of Punjab, Orissa and West Bengal. Methodology of the study (including coverage and contents)2 The mapping covers a range of tools in 16 countries from the Asia and Caucasus region.
    [Show full text]
  • ANTI-CORRUPTION NEWSLETTER SOUTHEAST-ASIA Issue 03/2018
    ANTI-CORRUPTION NEWSLETTER SOUTHEAST-ASIA Issue 03/2018 Anti-Corruption Newsletter Southeast-Asia 3rd Quarter 2018 @Ore Huying UNODC ANTI-CORRUPTION PROGRAMME ACTIVITIES July-August-September 2018 Focus on corporate liability in ASEAN: holding businesses responsible for corruption offences The business sector in Southeast-Asia has been continuously plagued with human rights abuses and environmental disasters. Corruption at multiple levels enable these violations to continue. UNODC supports ASEAN jurisdictions in implementing regulations against bribery involving the private sector, Read more Addressing corruption risks in public procurement in agriculture in Vietnam The Ministry of Agriculture and Rural Development spends annually the equivalent of US$800,000,000 for procurement of goods and services, and corruption risks in the sector have been identified as a priority to be addressed. Following similar workshops in Myanmar, Indonesia and Cambodia, UNODC supports Vietnam to address corruptionrisks in public procurement, Read more @Atimes Protecting witnesses and whistle-blowers in Timor-Leste In the region, most of the countries received recommendations through the first UNCAC review cycle to consider strengthening the protection of reporting persons. Following a regional workshop and a national roundtable in Cambodia which contributed to the drafting of the law, UNODC supports Timor-Leste to develop national protection systems for reporting persons , Read more Financial investigations and cross-border cooperation in complex corruption
    [Show full text]
  • CORRUPTION Fighting Corruption in the Public Sector.Pdf
    FIGHTING CORRUPTION IN THE PUBLIC SECTOR CONTRIBUTIONS TO ECONOMIC ANALYSIS 284 Honorary Editors: D. W. JORGENSON J. TINBERGENy Editors: B. BALTAGI E. SADKA D. WILDASIN Amsterdam Boston Heidelberg London New York Oxford Paris San Diego San Francisco Singapore Sydney Tokyo FIGHTING CORRUPTION IN THE PUBLIC SECTOR Jorge Martinez-Vazquez Javier Arze del Granado Jameson Boex International Studies Program, Andrew Young School of Policy Studies, Georgia State University, Atlanta, GA, USA Amsterdam Boston Heidelberg London New York Oxford Paris San Diego San Francisco Singapore Sydney Tokyo Elsevier Radarweg 29, PO Box 211, 1000 AE Amsterdam, The Netherlands Linacre House, Jordan Hill, Oxford OX2 8DP, UK First edition 2007 Copyright r 2007 Elsevier B.V. All rights reserved No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the publisher Permissions may be sought directly from Elsevier’s Science & Technology Rights Depart- ment in Oxford, UK: phone (+44) (0) 1865 843830; fax (+44) (0) 1865 853333; Email: [email protected]. Alternatively you can submit your request online by visiting the Elsevier web site at http://elsevier.com/locate/permissions, and selecting Obtaining permission to use Elsevier material Notice No responsibility is assumed by the publisher for any injury and/or damage to persons or property as a matter of products liability, negligence
    [Show full text]
  • Comparing the Economic Challenges to Democratic Consolidation In
    “Isn’t it pretty to think so?” —Ernest Hemingway Table of Contents Abstract iii Chapter I: Introduction 1 Chapter II: Research Design 13 Chapter III: Background 19 A. Regional Context 19 B. A Brief History of Democracy in the Philippines 21 C. A Brief History of Democracy in Thailand 25 Chapter IV: Case Study: Philippines 29 A. Elite Democracy and Corruption 29 B. Inequality Despite Growth 33 C. A Mild Crisis 35 D. The Effects of Closer Ties with a Rising China 36 Chapter V: Case Study: Thailand 40 A. Network Monarchy, The Parallel State, and Elite Competition 40 B. The Hypocrisy of Corruption 45 C. Inequality During Growth and Recovery 47 D. Crisis and Contagion 48 E. Alternate Foreign Policy Options between China and the U.S. 50 Chapter VI: Analysis 54 Chapter VII: Conclusion 58 Bibliography 61 ii Abstract In the late 1980s and early 1990s in the Philippines and Thailand, democratic elections replaced a dictatorship and a military junta respectively. These were moments of great political promise set against a similar context of increasing (or potential) economic growth. By 2018, Thailand has again undergone social unrest and military coups by a junta that is still in power, while the Philippines has elected a president that applauds extrajudicial killings, the harassment of journalists, and other human rights abuses. In endeavoring to answer the fundamental question of “why,” this thesis identifies the following five factors that have played a critical part in the failure of democracy—in a maximalist sense of the term—in both of these countries to consolidate: 1) political systems based on economic patronage, 2) ensuing widespread corruption that undermines state legitimacy and the democratic process, 3) unequal distribution of wealth despite rapid economic growth, 4) the vulnerability of these countries to external economic shocks, and 5) the regional dynamic of a rising China that has reduced reliance on the United States and its associated valued-based contingencies.
    [Show full text]
  • Thailand's Efforts in Prevention of Corruption
    THAILAND’S EFFORTS IN PREVENTION OF CORRUPTION Sutisa Skchot Public Prosecutor International Affairs Department Office of the Attorney General Thailand Corruption is an international problem which can be found in almost every country. It obstructs countries’ progress in many ways. Every country has focused on the problem and tried to solve and prevent it. We can see the problem-solving methods attempted both domestically and internationally, such as the United Nations Convention against Corruption 2003 (UNCAC) and the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (OECD). All these attempts are to build up cooperation in elimination of corruption. However, the most important thing in elimination of corruption is “prevention”. According to the concept of “prevention”, Thailand has issued many measures to build strong barriers to corruption. An overview of the measures follows. I. LEGAL MEASURES The principal law dealing with prevention of corruption is the Organic Act on Counter Corruption, B.E. 2542 (1999), which was enacted in order to authorize the National Counter Corruption Commission (N.C.C. Commission) to inspect assets and liabilities of persons holding political positions and other state officials, and to investigate and prosecute persons holding political positions and state officials in the allegation of unusual wealth or malfeasance in office. This Act is one of the measures against corruption. Moreover, the Act also provides measures to counter corruption, such as inspection of assets and liabilities and imposition. A. Inspection Assets and Liabilities The Act provides that persons holding political positions and state officials shall submit the accounts showing particulars of their assets and liabilities and those of their spouses and children who have not yet become sui juris to the N.C.C.
    [Show full text]