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2007 Assessment

Thailand: Integrity Indicators Scorecard

Thailand: Integrity Scorecard Report > Sub-Category: Civil Society Organizations
Indicators		Score
1	Are anti-corruption/good governance CSOs legally protected?	100
2	Are good governance/anti-corruption CSOs able to operate freely?	58
3	Are civil society activists safe when working on corruption issues?	67
4	Can citizens organize into trade unions?	75

Indicator and sub-Indicator Details

Are anti-corruption/good governance CSOs legally protected?

1a: In law, citizens have a right to form civil society organizations (CSOs) focused on anti-corruption or good governance.

Score:

YES

Comments:

References: Chapter III, Section 45 of the Constitution of The Kingdom of Thailand 1997 states that:

A person shall enjoy the liberty to unite and form an association, a union, league, co-operative, farmer group, private organization or any other group.

"The restriction on such liberty under paragraph one shall not be imposed except by virtue of the law specifically enacted for protecting the common interest of the public, maintaining public order or good morals or preventing economic monopoly.

[ LINK ]

Section 14 of the National Cultural Act (2nd) 1942 states that to establish civil society associations, one must receive approval from the National Cultural Commission.

Peer Review Comments: After the coup, the military restricted civil liberties, including bans on free assembly and organizing. Those bans remained in effect through June 2006. [ LINK ]

1b: In law, anti-corruption/good governance CSOs are free to accept funding from any foreign or domestic sources.

Score:

YES

Comments:

References: Section 13 of the National Cultural Act 1942

1c: In law, anti-corruption/good governance CSOs are required to disclose their sources of funding.

Score:

YES

Comments: Registered civil society organizations are obligated to report their financial status annually.

References: The National Cultural Act (2nd) 1943

Are good governance/anti-corruption CSOs able to operate freely?

2a: In practice, the government does not create barriers to the organization of new anti-corruption/good governance CSOs.

Score:

100

Comments:

References: Telephone interview with Mr.Nu-Ring (pseudonym), the activist of the Mirror Foundation on August 30, 2007

Peer Review Comments: Since the coup, leaders in CSOs that are not supportive of Thaksin have been repressed. [ LINK ]

2b: In practice, anti-corruption/good governance CSOs actively engage in the political and policymaking process.

Score:

100

Comments: Normally, the civil society organizations do not participate directly in policymaking process. They observe the action of government officials from the outside.

References: Telephone interview with Mr.Nu-Ring (pseudonym), the activist of the Mirror Foundation on Aug. 30, 2007

Peer Review Comments: CSOs traditionally have been actively critical, with some effect on public opinion. Under the current regime, anti-government CSOs have been suppressed, but others critical of the Thaksin regime have still been vocal.

2c: In practice, no anti-corruption/good governance CSOs have been shut down by the government for their work on corruption-related issues during the study period.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned is there were no CSOs shut down by the government or forced to cease operations because of their work on corruption-related issues during the study period. NO: A NO score is earned if any CSO has been effectively shut down by the government or forced to cease operations because of its work on corruption-related issues during the study period. The causal relationship between the cessation of operations and the CSO\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the CSO was forced to cease operations due to its work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: 1. Telephone interview with Mr.Nu-Ring (pseudonym), the activist of the Mirror Foundation on Aug. 30, 2007

2. Interview with Ms. Kratib, the political journalist of The Post Today Newspaper on Aug. 30, 2007

Peer Review Comments: Protests and marches have been put down, and anti-government groups have been forbidden to organize.

Are civil society activists safe when working on corruption issues?

3a: In practice, in the past year, no civil society activists working on corruption issues have been imprisoned.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no CSO activists imprisoned because of their work covering corruption. YES is a positive score. NO: A NO score is earned if any activist was jailed in relation to work covering corruption. The causal relationship between the official charges and the person\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the person was imprisoned due to his or her work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: Activist Chalard Worachat and former MP Thawee Kraikup held a protest against the junta at the Democracy Monument the day after the coup. Thawee held up a sign saying "Fasting in Protest Against the Destroyer of Democracy." Military forces arrived soon afterward and arrested Chalard at 12:30. Thawee refused to stop his protest and was arrested three hours later. Their fate is not known.

References: The Nation, Former Activists Such as Former MP, Were Arrested After Staging Protest, Sept. 20, 2006

3b: In practice, in the past year, no civil society activists working on corruption issues have been physically harmed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of CSO activists covering corruption being assaulted in the specific study period. A YES score can be earned if there was an attack but it was clearly unrelated to the activist\'s work. YES is a positive score. NO: A NO score is earned if there were any documented cases during the study period of assault to an activist who covers corruption. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: 1. Telephone interview with Mr.Nu-Ring (pseudonym), the activist of the Mirror Foundation on Aug. 30, 2007

2. Interview with Ms. Kratib, the political journalist of Post Today Newspaper on Aug. 30, 2007

Peer Review Comments: There have been several clashes between police and protesters/marchers outside of Bangkok (half of Thailand's provinces remain under martial law). Although these protesters have had a variety of grievances, corruption was certainly among them. [ LINK ]

3c: In practice, in the past year, no civil society activists working on corruption issues have been killed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of CSO activists being killed because of their work covering corruption in the specific study period. YES is a positive score. NO: A NO score is earned if there were any documented cases during the study period where a person was killed related to a corruption trial, scandal or investigation. The relationship between a mysterious death and an individual\'s history may not be clear, however the burden of proof here is low. If it is reasonable that a person was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: 1. Telephone interview with Mr.Nu-Ring (pseudonym), the activist of the Mirror Foundation on Aug. 30, 2007

2. Interview with Ms. Kratib, the political journalist of Post Today Newspaper on Aug. 30, 2007

Peer Review Comments: Yes, but as noted before, the fate of arrested activists is not always clear.

Can citizens organize into trade unions?

4a: In law, citizens have a right to organize into trade unions.

Score:

YES

Comments:

References: Chapter III, Section 45 of the Constitution of The Kingdom of Thailand 1997 states that:

A person shall enjoy the liberty to unite and form an association, a union, league, co-operative, farmer group, private organization or any other group.

[ LINK ]

Peer Review Comments: The ban on meetings of more than 5 people would seem to apply to trade unions.

4b: In practice, citizens are able to organize into trade unions.

Score:

100

Comments: Citizens can organize into trade unions. There was one Labour Union Federation (Private Enterprise) organized during this research period.

References: The statistical records and telephone interview with a government official of the Labour Relations Bureau, Department of Labour Protection and Welfare, (www.labour.go.th), August 29, 2007

Peer Review Comments: "Worker Activists from different trade unions, particularly the Rangsit trade unions, reported that there have been numbers of intimidations, particularly after article 5 of the CDR was imposed. There are a number of incidents where military officers were stationed in front of factories and trade union leaders, who were critical of the coup, were followed. In one instance, five soldiers had been stationed at the entrance of Krisda Nakorn Village, where an office of an association working for workers' rights is located. They were removed in March 2007." [ LINK ]