Powers and Duties of Ombudsmen

in the Aspect of Ethics

Under the Constitution of the Kingdom

of Thailand B.E. 2550

By Professor Siracha Charoenpanij

Secretary-General

Office of the Ombudsman

Introduction

The Ombudsmen of Thailand were officially established under the provisions of the Constitution of the Kingdom of Thailand,

B.E. 2540 (1997) Section 196, 197 and 198.

Changes of Powers and Duties

under the New Constitution • The Constitution of the Kingdom of

Thailand B.E.2540 (1997) was abolished by the Council for Democratic Reform (CDR) on September 19, 2006

• The current Constitution of the The current Constitution of the Kingdom of Thailand B.E. 2550 (2007) Kingdom of Thailand B.E. 2550 (2007) put into effect on August 24, 2007.put into effect on August 24, 2007.

Section 244 (2)

to take action in connection with ethics of holders of political positions and State officials under section 279 paragraph three and section 280.

Section 279

Ethical standards of each kind of person holding political position, government official or State official shall be in accordance with the established Code of Ethics.

Ethical standard under paragraph one shall consist of mechanism and system that ensure its effective enforcement and shall have punishment procedure for each degree of violation.

Section 279 (con’d) Any violation of failure to comply with ethical

standard under paragraph one is deemed to be in breach of discipline. In the case where a person holding political position violates or fails to comply therewith, the Ombudsman shall report to the national assembly, the Council of Ministers or related local assemblies, as the case may be, and shall refer the matter, in case of serious violation or failure, to the National Counter Corruption Commission for further proceedings and it is deemed the cause for removal from office under section 270.

Section 279 (con’d)

The consideration, selection, scrutiny or appointment of any person to hold the position relating to the exercise of State power, including the transfer, promotion and elevation of the salary scale and punishment of such person shall be in accordance with merit system with due regard to ethical behavior of that person.

Section 280 For the purpose of this Chapter, the

Ombudsmen have the powers and duties in giving suggestion or recommendation in the making of or improving the Code of Ethics under section 279 paragraph one and enhances ethical consciousness of persons holding political position, government officials and state official, and have duties to report any violation of the Code of Ethics to the responsible person for the enforcement of the Code under section 279 paragraph three.

Section 280 (con’d)

In the case where the violation or failure to comply with the ethical standard is made in a serious manner or this is a reasonable ground to believe that the responsible may act unfairly, the Ombudsmen may conduct inquisition and disclose the result thereof to the public.

Powers and Duties of Ombudsmen in the

Operation relating to Ethics

1. Making recommendations or advice in connection with the preparation or revision of the ethical codes of persons holding political positions, Government officials and State officials.

2. Promoting ethical awareness of persons holding political positions, Government officials and State officials.

3. Reporting acts in violation of ethical codes in order that those in charge of the execution of the ethical standards may pursue the execution thereof.

4. In the case where the violation or non-observance of the ethical standards is of particular gravity or there is a reasonable cause to believe that action to be taken by the person in charge will not be in a fair manner, the Ombudsmen may conduct an inquiry and disclose to the public.

The Ethical Codes

• Ethical standards.

• System and mechanism of the operation.

• Punishment procedures conforming to the seriousness of the act.

National benefits Ethics • Respecting and adhering to

Constitutional Monarchy. • Upholding national benefits

rather than personal benefits. • Being good example of law

compliance.

• Adhering to virtues and ethics and striving for rightfulness and fairness.

• Having conscience, being honest, and sacrificing for public and national interest.

• Omitting to obtaining personal interest by using his or her own position and not attempting to involve in conflict of interest.

People’s benefits Professional ethics and organization culture

• Rendering fair and non-discriminatory services to people.

• Giving correct and complete information without distortion to people.

• Attempting for professional achievement and keeping good standard with quality, transparency, and accountability.

• Maintaining good reputation and image of the organization.

Core Values for Holders of Political Positions and State Officers

in 4 dimensions

National benefits • Respecting and adhering to Constitutional Monarchy. • Upholding national benefits rather than personal benefits. • Being good example of law compliance.

Ethics • Adhering to virtues and ethics and striving for rightfulness and fairness.• Having conscience, being honest, and sacrificing for public and national interest. • Omitting to obtaining personal interest by using his or her own position and not attempting to involve in conflict of interest.

People’s benefits

• Rendering fair and non-discriminatory services to people.• Giving correct and complete information without distortion to people.

Professional ethics and organization culture

• Attempting for professional achievement and keeping good standard with quality, transparency, and accountability.• Maintaining good reputation and image of the organization.

Operational ProcedureThe Office of the Ombudsman communicates with every State agency to adhere to the standard of virtue and ethics.

Each State agency includes core values in its ethical code both at the organization and individual levels and informing the Office of the Ombudsman about the action.

Each State agency makes an ethical promotion plan for the period of 3 years, beginning in B.E. 2532(1989.)

Each State agency sends report on the ethical promotion plan annually for the recognition of the Office of the Ombudsmen.

The Office of the Ombudsmen gives advice to each State agency about the improvement of the plan.

Setting up ‘Hot Line Center’ to giving advice on the drafting of such core values.

Appointing Chief Ethics Officer or Ethics Coordinator.

- Include performance standard in public service agreement.- Initiating pilot agency.

Creating ethics network