80 Public Administration in Southeast Asia

However, public attitudes toward grand corruption are much stronger than towards petty corruption. Especially among the educated public, information on grand corruption evokes strong reactions a seething anger and frustration over individual inefficacy to make changes. Like an outrage that could translate into action, if and when conditions permit. Indeed, the root causes of the current political instability, conflict, and turmoil (2005–2009) stemmed mainly from grand-scale corruption or corruption charges against the former Prime Minister Thaksin Shinawatra. On the charge of using his political office and influence to pave the way for his wife’s successful bidding for a very valuable piece of state-owned land, he was convicted by the Supreme Court for the Holders of Political Office and sentenced to 2 years in prison. He was convicted in absentia because he had jumped bail and left the country before sentence was passed.1

Corruption charges and allegations have been a common reason or justification for regime changes in Thailand.2 This chapter discusses public ethics in Thailand, the reasons behind many current concerns, and various efforts to address public ethics.

4.2 Corruption: General Situation in Thailand

4.2.1 Transparency International and its Corruption Perception Index

Thailand has been included in the ranking system of Transparency International’s annual Corruption Perception Index3 (CPI). Since the CPI’s inception, Thailand’s score has not changed dramatically. Its score never reached 4 points out of a 10-point scale (Table 4.1).

As a perception index, it does not profess to measure the actual incidence of corruption, nor the degree or level of corruption in a country. Perhaps because this instrument has been around for over a decade, its continuity and virtual monopoly in ranking the transparency of countries at the international level has made the CPI a potent instrument that many countries look on seriously. Thailand is one such country. Government agencies and especially independent anticorruption agencies like the National Anti-Corruption Commission (NACC) hope to upgrade Thailand’s score in the CPI from 3 plus to 5 points in a few years. In fact, the NACC drafted a

1It is important to note that according to the design of this special Supreme Court to deal with offenders who are politicians, no appeal was allowed. The rationale for this rested on past experiences when political office holders utilized the regular lengthy three court-system with appeals court and Supreme Court to evade punishment and to continue carrying on their tasks and duties despite a first and second conviction. Because of the lengthy process from charges and investigation, to formal charges by the prosecutor’s office, court hearings, and final court judgment, which may still involve another two tiers of appeal, some accused persons may have died before the final judgments. Worse still, criminal offences as with other offences have term limits or expiration that in the past had served to absolve many alleged wrongdoers before the conclusion of a case in the judiciary system. The Constitution of 1997 enabled this special one-tier court to come into existence. The current Constitution of 2007 did not make changes to this special “Supreme Court.” However, under the current political conflict; many politicians are calling for a revision of the constitution, which may include changes to this special court system for politicians.

2Pressures against an elected government often include corruption charges, which when the urban public begins to be convinced of the charges, could eventually lead to the waning of the government’s position, which may ultimately result in the dissolution of Parliament and the call for a new election. Likewise, charges of corruption are inevitable as justification for military take-over in coup d’états that Thailand has had a fair share of since 1932, when absolute monarchy was replaced with constitutional monarchy and the institution of parliamentary democracy.

3From Transparency International (http://www.transparency.org/). CPI’s scoring systems runs from 0 to 10. The higher the score, the less corrupt a country is perceived to be.

©2011 by Taylor and Francis Group, LLC

Public Ethics and Corruption in Thailand 81

Table 4.1 Thailand in the Corruption Perception Index

Source: From Transparency International, http://www.transparency.org/.

Note: The score of transparency is from 0 to 10. The higher the score, the less corrupt a country is perceived.

National Anti-Corruption Strategy to fight corruption. If the strategy works, the NACC expects to see Thailand’s ranking in the CPI improve significantly.4

4.2.2 Types of Corruption

Cases of public corruption often involve private sector persons or organizations. Particularly in grand-scale corruption, a sophisticated network or system of relationships may affect the supply or demand side of corruption. Examples of types of corruption involving public officials are numerous. Many of them are akin to corruption cases elsewhere around the world, such as “kick-backs” or illegal “commission” from procurement, influence peddling, conflict of interest cases like selling land at a higher than market value while holding a public office position; or dictating policies or ministerial directives that will favor certain parties. Rezoning to increase land value is also one form of corruption. However, we also find that some public officials in Thailand may also engage in dishonest behavior regarding promotion and appointment. Large sums of money may change hands

4The National Anti-Corruption Commission has designed a National Anti-Corruption Strategy that has four components. The first one focuses on awareness raising, instilling of moral values and ethics in all sectors of society to prevent corruption. The second strategy is to mobilize all sectors of society through participation and networking in a broad coalition against corruption. The third strategy is to strengthen all anti-corruption institutions. The fourth strategy is capacity building for strong professionalism for persons working in this sector.

©2011 by Taylor and Francis Group, LLC

82 Public Administration in Southeast Asia

between the promoter/appointer and the promoted/appointee. This problem spreads like wild fire and happens in local as well as national governments.5

When one has to pay for a promotion or a specific position, it is most likely that he/she expects to extract monetary returns from the position, at least to recoup the investment. Hence, corruption increases and spreads. Corruption pertaining to payment for a position has reached an absurd level when it is reported that at the local government level, when applicants undergo a competitive examination, there will be a published list of candidates ranked by their test score. Top on the list will be recruited first and the list will be used for sometime as positions are made available and gradually filled. This provides an opportunity for the lower-ranking candidates to bribe those higher on the list to give up his/her position, thereby allowing the person below to move up the list. For a position to become available may also entail payment. Hence, to get a public sector job in local government, a person may have to pay more than one person and for different acts before he/she gets the job.6

Corruption in the public sector often involves elected officials or politicians, not just permanent civil servants. Elected and permanent officials could be in collusion, or the elected officials may solicit assistance from the civil servants, through either interest enticement or coercion. As mentioned, political conflicts often stem from alleged corruption or even dissatisfaction with how benefits from corruption are not perceived to be fairly distributed among partners in corruption.7

Although the protracted political conflict since 2005 has taken on more issues as it progresses, accusations and allegations as well as charges against former Prime Minister Thaksin, which ultimately resulted in his conviction by the Supreme Court for Persons Holding Political Positions, was none other than corruption and conflict of interest. In simple terms, the prime minister helped his wife to win the bidding. The act violated the conflict of interest provision in the law that is under the jurisdiction of the National Counter-Corruption Commission.

To give a picture of the pervasiveness of corruption in Thai society, one recognizes that it occurs in both public and private sectors. At times, some allegations have also been made against some nonprofit organizations for lack of transparency and improper use of funds, including some Buddhist temples where public donations are handled by the abbot (head of the temple) either singly or in conjunction with the temple advisory board. Buddhist temples are tax-exempted and donations to the temple can also be tax-exempted for their donors. This is a privilege not automatically granted

5See for instance studies done by Pasuk Pongpaichit et al. on corruption since 1994. In particular, a research report on Corruption in the Thai Public Sector in 1998.

6Data on “buying position” in the public sector tend to be communicated through the grapevine. It is a common practice that is widely known but not formally recorded. My data are drawn from statements made by public sector officials who are graduate students in my classes over the years. I have promised that there will be complete confidentiality. Their names will not be revealed, but they would need to write down actual transactions that took place.

7According to an article written by Prasong Lertratanavisuth, Thailand’s foremost investigative reporter in Matichon, December 27, 2008, p. 2, 20,000 Thai corruption cases have been lodged with the NACC over its 10-year existence. In 2007, there were 11,578 cases left from 2006 in addition to 2,826 new cases in 2007. The NACC was without commissioners for some time, hence cases accumulated. According to Prasong, only 68 cases were concluded in 2007. The NACC could dismiss cases, not accept cases, transfer them to other agencies for initial investigation, or it can proceed with its own investigation. The NACC law requires amendment to enable them to function more efficiently and effectively. The NACC law was amended by the National Legislative Assembly in 2007, but failed to be promulgated because of a small “technical error.” Currently, the NACC has resubmitted this law for amendment. There’s no predicting when it will be amended as parliamentary process is lengthy and political uncertainties may lead to dissolution of Parliament any time.

©2011 by Taylor and Francis Group, LLC