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2007 Assessment

Thailand: Integrity Indicators Scorecard

Thailand: Integrity Scorecard Report > Sub-Category: Civil Service Regulations
Indicators		Score
41	Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?	100
42	Is the law governing the administration and civil service effective?	53
43	Are there regulations addressing conflicts of interest for civil servants?	54
44	Can citizens access the asset disclosure records of senior civil servants?	0

Indicator and sub-Indicator Details

Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?

41a: In law, there are regulations requiring an impartial, independent and fairly managed civil service.

Score:

YES

Comments: Although there is a law that requires impartiality, the Civil Service Board is chaired by the Prime Minister.

References: The Civil Service Act of 1992, section 94 and section 97 [ LINK ]

41b: In law, there are regulations to prevent nepotism, cronyism, and patronage within the civil service.

Score:

YES

Comments: In practice, nepotism and patronage are widespread.

References: The Civil Service Act of 1992, Chapter 2, Instatement and Appointment (Section 46-70)

[ LINK ]

41c: In law, there is an independent redress mechanism for the civil service.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there is a mechanism to which civil servants and applicants for the civil service can take grievances regarding civil service management actions. Civil servants are able to appeal the mechanism\'s decisions to the judiciary. NO: A NO score is earned if no such mechanism exists.$

Comments: There is also an internal redress mechanism which in practice may vary in terms of independence.

References: The Administrative Court of Thailand, Act on Establishment of Administrative Courts and Administrative Court Procedure of 1999 [ LINK ]

41d: In law, civil servants convicted of corruption are prohibited from future government employment.

Score:

YES

Comments:

References: The Civil Service Act of 1992, Section 30

Is the law governing the administration and civil service effective?

42a: In practice, civil servants are protected from political interference.

Score:

100

Comments: In practice, political bosses have substantial power over the subordinate bureaucrats. Transfers and promotions of civil servants can be dictated by politicians.

References: 1. Nation Integrity System (NIS), Thailand 2006, Transparency International, www.transparency.org

2. Telephone interview with Sune Kasisareewong, academic official of Rice Department, Ministry of Agriculture and Cooperatives, Aug. 24, 2007

3. MSN interview by authors with Noppadol Themmatha, police officer at Bang-Yeekan police station, Aug. 21, 2007

42b: In practice, civil servants are appointed and evaluated according to professional criteria.

Score:

100

Comments: Police and armed forces are highly political. Appointments are based on partisanship and patronage. Politics manifests itself more in the appointments of administrative posts rather than professional positions.

References: 1. Telephone interview with Sune Kasisareewong, academic official of Rice Department, Ministry of Agriculture and Cooperatives, Aug. 24, 2007

2. [ LINK ] and [ LINK ].

42c: In practice, civil service management actions (e.g. hiring, firing, promotions) are not based on nepotism, cronyism, or patronage.

Score:

100

Comments: Nepotism, cronyism and patronage are characteristics of the Thai Bureaucracy.

References: 1. Telephone interview with Sune Kasisareewong, academic official of Rice Department, Ministry of Agriculture and Cooperatives, Aug. 24, 2007

2. Bidhya Bowornwathana, "The Thai Model of Rewards for High Public Office," in Daniel H.Unger and Clark D.Neher, Bureaucracy and National Security in Southeast Asia, Department of Political Science, Northern Illinois University, 2006, 33-56.

42d: In practice, civil servants have clear job descriptions.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servants almost always have formal job descriptions establishing levels of seniority, assigned functions, and compensation. Job descriptions are a reliable means to map positions to both human capital requirements (including the position\'s authority and responsibilities) and base pay. 50 Score Criteria: Civil servants often have formal job descriptions, but exceptions exist. Some civil servants may not be part of the formal assignment of duties and compensations. Some job descriptions may not map clearly to pay or responsibilities in some cases. 0 Score Criteria: Civil servants do not have formal roles or job descriptions. If they do, such job descriptions have little or nothing to do with the position\'s responsibilities, authority, or pay.$

Comments: The last clause on all job descriptions of civil servants states that the subordinate bureaucrat must follow the commands of superiors.

References: 1. Telephone interview with Sune Kasisareewong, academic official of Rice Department, Ministry of Agriculture and Cooperatives, Aug. 24, 2007

Peer Review Comments: There are a lot of jobs in the bureaucracy that are pure political patronage and lack any sort of coherent job description.

42e: In practice, civil servant bonuses constitute only a small faction of total pay.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servant bonuses constitute no more than 10% of total pay and do not represent a major element of take-home pay. 50 Score Criteria: Civil servant bonuses are generally a small percentage of total take-home pay for most civil servants though exceptions exist where some civil servants\' bonuses represent a significant part of total pay. 0 Score Criteria: Most civil servants receive bonuses that represent a significant amount of total take-home pay. In some cases bonuses represent the majority of total pay to civil servants.$

Comments: There is a large and growing gap between the bonuses of high bureaucrats and the rest.

References: 1. Telephone interview with Sune Kasisareewong, academic official of Rice Department, Ministry of Agriculture and Cooperatives, Aug. 24, 2007

2. Unofficial interview with Bidhya Bowornwatthana, associate professor, Chulalongkorn University, Sept. 14, 2007

Peer Review Comments: Salaries are generally fixed (though increased by bribes). In any case, a limited pay-for-performance system is in place.

42f: In practice, the government publishes the number of authorized civil service positions along with the number of positions actually filled.

Score:

100

Comments: Qualifications on posted jobs sometimes match the ones superior bureaucrats want to recruit.

References: 1. Telephone interview with Sune Kasisareewong, academic official of Rice Department, Ministry of Agriculture and Cooperatives, Aug. 24, 2007

2. Jiraporn Damjuntr, instructor, Suratthani Rajabhat University, Aug. 31, 2007, Chulalongkorn University

Peer Review Comments: No comprehensive civil service cadre exists.

42g: In practice, the independent redress mechanism for the civil service is effective.

Score:

100

Comments: The most effective independent redress mechanism for the civil service is the Administrative Court. But you cannot redress matters beyond the jurisdiction of this court.

References: Telephone interview with Sune Kasisareewong, academic official of Rice Department, Ministry of Agriculture and Cooperatives, Aug. 24, 2007

42h: In practice, in the past year, the government has paid civil servants on time.

Score:

100

Comments:

References: 1. Telephone interview with Sune Kasisareewong, academic official of Rice Department, Ministry of Agriculture and Cooperatives, Aug. 24, 2007

2. Jiraporn Damjuntr, instructor, Suratthani Rajabhat University, Aug. 31, 2007, Chulalongkorn University

42i: In practice, civil servants convicted of corruption are prohibited from future government employment.

Score:

100

Comments: it is true that convictions are rare involving a long legal process. However, once convicted, there are prohibited from future government employment.

References: Telephone interview with Sune Kasisareewong, academic official of Rice Department, Ministry of Agriculture and Cooperatives, Aug. 24, 2007

Peer Review Comments: Convictions are rare and checks are infrequent.

Are there regulations addressing conflicts of interest for civil servants?

43a: In law, there are requirements for civil servants to recuse themselves from policy decisions where their personal interests may be affected.

Score:

YES

Comments:

References: Organic Act on Counter Corruption, B.E. 2542 (1999), Section 100 for PM and Deputy PMs.

The Civil Service Act of 1992, Section 82 prohibits officials from abusing their authorities.

43b: In law, there are restrictions for civil servants entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting civil servants\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments: In practice, there is widespread violation of this regulation.

References: Organic Act on Counter Corruption, B.E. 2542 (1999), Section 10:

Prohibits officials who left office within 2 years from holding more than 5 percent of ownership of a company, and also from accepting jobs in the private sector.

43c: In law, there are regulations governing gifts and hospitality offered to civil servants.

Score:

YES

Comments: In practice, enforcement is impossible.

References: According to Organic Act on Counter Corruption of 1999, Section 103 authorizing National Counter Corruption Commission (NCCC) NCCC announcement of Regulation of Honorably Earning Benefits of Officials, B.E. 2543 (2000) and The Civil Service Act of 1992, Section 82

Peer Review Comments: Enforcement is not only impossible, but such gifts are often commonplace.

43d: In practice, the regulations restricting post-government private sector employment for civil servants are effective.

Score:

100

Comments:

References: Telephone interview with Sune Kasisareewong, academic official of Rice Department, Ministry of Agriculture and Cooperatives, Aug. 24, 2007

43e: In practice, the regulations governing gifts and hospitality offered to civil servants are effective.

Score:

100

Comments:

References: Telephone interview with Sune Kasisareewong, academic official of Rice Department, Ministry of Agriculture and Cooperatives, Aug. 24, 2007

43f: In practice, the requirements for civil service recusal from policy decisions affecting personal interests are effective.

Score:

100

Comments: It is not a common practice for officials to refrain from being involved in decisions in which they are a stakeholder.

References: Telephone interview with Sune Kasisareewong, academic official of Rice Department, Ministry of Agriculture and Cooperatives, Aug. 24, 2007

Unofficial interview with Bidhya Bowornwatthana, associate professor of Chulalongkorn University, Sept. 2007

Can citizens access the asset disclosure records of senior civil servants?

44a: In law, citizens can access the asset disclosure records of senior civil servants.

Score:

YES

Comments:

References: Organic Act on Counter Corruption of 1999, Section 35, stipulates that the National Counter Corruption Commission must investigate and disclose accounting records and relevant documents belonging to the PM and Cabinet members. The records of other senior civil servants cannot be formally disclosed without a court order.

44b: In practice, citizens can access the asset disclosure records of senior civil servants within a reasonable time period.

Score:

100

Comments: Information can be accessed through the NCCC website. PM and Cabinet members' asset records are available online at the NCCC Web site at [ LINK ]. A Court Order is required to disclose the assets records of senior civil servants.

References: 1. National Integrity System (NIS), Transparency International, Thailand 2006, www.transparency.org 2. Chairat Khanittabutr, Senior Legal Officer of NCCC, interview by authors, Oct. 18, 2006 (in Thai)

44c: In practice, citizens can access the asset disclosure records of senior civil servants at a reasonable cost.

Score:

100

Comments: There is no fee charged for the information. PM and Cabinet members' asset records are available online for free on NCCC website, [ LINK ].

3. Authors access on NCCC website