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2007 Assessment

Thailand: Integrity Indicators Scorecard

Thailand: Integrity Scorecard Report > Sub-Category: Election Integrity
Indicators		Score
17	In law, is there an election monitoring agency or set of election monitoring agencies/entities?	100
18	Is the election monitoring agency effective?	40
19	Are elections systems transparent and effective?	46

Indicator and sub-Indicator Details

In law, is there an election monitoring agency or set of election monitoring agencies/entities?

17: In law, is there an election monitoring agency or set of election monitoring agencies/entities?

Score:

YES

Comments:

References: Organic Act on the Election Commission, B.E. 2541 (1998) Organic Act on the Election of Members of the House of Representatives and Senators, B.E. 2541 (1998) Organic Act on Political Parties, B.E. 2541 (1998)

Is the election monitoring agency effective?

18a: In law, the agency or set of agencies/entities is protected from political interference.

Score:

YES

Comments: Since September 19, 2006, Thailand is under martial law. The Council for Democratic Reform appointed the election commissioners following the Announcement of the Council for Democratic Reform N.13.

References: Thai Constitution of 1997

The Provisional Thai Constitution of 2006, Announcement of the Council for Democratic Reform N.13.

18b: In practice, agency (or set of agencies/entities) appointments are made that support the independence of the agency.

Score:

100

References: Nation Integrity System, Thailand 2006, Transparency International [ LINK ]

18c: In practice, the agency or set of agencies/entities has a professional, full-time staff.

Score:

100

Comments:

References: Election Commission Call Center, 02-613-7333, Aug. 26, 2007

Peer Review Comments: The commission was found by international experts to have a number of weaknesses.

18d: In practice, the agency or set of agencies/entities makes timely, publicly available reports following an election cycle.

Score:

100

Comments: All reports are published in the Royal Government Gazette.

References: Election Commission Call Center, 02-613-7333, Aug. 26, 2007

Peer Review Comments: An international election observer would certainly not consider the timing and quality of these reports to be satisfactory.

18e: In practice, when necessary, the agency or set of agencies/entities imposes penalties on offenders.

Score:

100

Comments: News about offenders is abundant, but actual punishment is limited.

References: Election Commission Call Center, 02-613-7333, Aug. 26, 2007

Peer Review Comments: I have never heard of a case in which punishments were applied in an impartial way.

Are elections systems transparent and effective?

19a: In practice, there is a clear and transparent system of voter registration.

Score:

100

Comments: During the elections of April 2, 2006, there was some confusion regarding whether to use a stamp or a pen.

References: Newspaper, Piyabutr Sengkanokkun, Election Case of 2nd May, Voided or Not, May 8, 2006 [ LINK ] (in thai)

Peer Review Comments: Voter registration and tampering of results remain a problem.

19b: In law, election results can be contested through the judicial system.

Score:

YES

Comments:

References: Organic Act on the Election of Members of the House of Representatives and Senators, B.E. 2541 (1998), Section 94 and 95

Peer Review Comments: It is unclear whether this law remains valid since the coup.

19c: In practice, election results can be effectively appealed through the judicial system.

Score:

100

Comments: Complaints have to be filed with the Elections Commission first before proceeding to the Court. The Elections Commission allegedly has a tendency to judge the complaints to be invalid.

References: Telephone interview with Suporn Depan, analyst, real estate team, the Bank of Thailand, Sept. 5, 2007

Peer Review Comments: Given that the constitutional court threw out the results of the 2006 election, I'd give this a higher score.

19d: In practice, the military and security forces remain neutral during elections.

Score:

100

Comments: It is considered common knowledge that the military and security forces are not neutral.

References: Telephone interview with Kirkrith Choapannanont, law consultant, Aug. 24, 2007

Telephone interview with Noppadol Themmatha, a police officer at Bang Yeekan Police station, Sept. 5, 2007

19e: In law, domestic and international election observers are allowed to monitor elections.

Score:

YES

Comments: In practice, international observers can be allowed to observe the elections if the Election Commission approves the request.

References: None.

19f: In practice, election observers are able to effectively monitor elections.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Election observers have unfettered access to polling sites, counting stations, and voters themselves. The government does not interfere with the observers\' activities. <p>50 Score Criteria: Election observers generally have access to polling sites, counting stations, and voters but encounter restrictions in certain areas. The government may impose burdensome regulatory or bureaucratic requirements on observers to discourage their involvement. <p>0 Score Criteria: Election observers\' movements are significantly limited by the government and many polling and counting sites are restricted or barred from observers. The government imposes so many bureaucratic or regulatory burdens on the observers that their mission is rendered ineffective.$

Comments:

References: Telephone interview with Election Commission Official, Political Party Affairs, Election Commission Office, Sept. 5, 2007

Telephone interview with Kirkrith Choapannanont, law consultant, Aug. 24, 2007