Anti-Corruption Efforts at the National Level the Work

Anti-Corruption Efforts at the National Level: the Work of Thailand’s National Counter Corruption Commission (NCCC) Dr. Sirilaksana Khoman Presented at the World Bank’s Capacity Enhancement Program on Anticorruption and Good Governance Washington, D. C. September 8, 2008.

About NCCC n Mandate n Areas of intervention n Corruption prevention n Corruption suppression

True of False? “No good person can succeed in a corrupt system. No corrupt person can succeed in a good system. ”

To consider the role of an anticorruption agency …. n Why does corruption exist? n Why does corruption persist?

AM 7: 40, 21 Oct. 1994 Collapse of Seongsu Bridge

PM 6: 05, 29 Jun. 1995 Collapse of Sampung Department Store

A three-way bridge in Minneapolis, Minnesota collapsed into the Mississippi River, August 1, 2007.

Thailand: Gas truck explosion (Petburi Road) Factory fire (textile) Building collapse (Korat) Klongtoey chemical explosion, etc. Do Thai people associate these incidents with corruption?

What about these? Rice mortgage scheme? n Export quotas? n Licences n Government regulation n August 20, 2008 Commerce Minister Chaiya Sasomsap grants amnesty to more than 40 blacklisted rice millers to enable them to participate in the ricepledging scheme Does the public sit up? Is the public concerned? Is the NCCC equipped for pro-active work?

Opinion Poll in Thailand Recent survey of Thai high-school students: n 81 per cent: being too honest leads to risk of being taken advantage of n 53 per cent: corruption is acceptable if the corrupt politicians or officials involved are able to perform or produce tangible results n

HO: People are the same everywhere In what way? They respond to incentives, positive and negative n Monetary n Social n Moral

Measures for Good Government and Checks and Balances and Effective Transparency Suppression: Accountability of Political Leadersh • Independent and effective judiciary • Independent and effective specialized anti-corruption agency/unit • Decentralization with accountability? • Witness/whistle-blower protection? Civil Society: • Freedom of information • Disclosure of parliamentary votes • Transparency in party financing • Asset declaration, conflict of interest rule Good and Clean Government • Public hearings of draft laws • Monitoring by media/NGO’s • School curriculum • Anti-corruption fund Competition & Economic Freedom: • Competitive/contestable restructuring of monopolies? • Regulatory simplification • Monitoring creation of monopoly rents Public Administration and Public Finance: Private Sector • Meritocratic civil service, codes of conduct, transparency. Partnership: in promotion and rotation; civil servants’ unions? ? . CSR, codes of conduct • Adequate, transparent, monetized, remuneration. Anti-corruption pact • Accountability in expenditures (budget, audit, procurement) • Perception index of good service/integrity by agency/service

Can we hope for this to happen? Not likely, on its own + Knowledge of Behavioral Sciences like Economics, Psychology, Political Science, Public Administration

“One of the reasons why … corruption has grown to be pervasive in Africa is primarily because much effort has been spent to remedy the problem rather than to understand it. ” Dele Oluwu Need for in-depth understanding

“The appearance of the law must be upheld – especially when it’s being broken. ” Gangs of New York Need in-depth study of power relationships and networks

Strong civil society

NCCC Database Relationships between players in different cases n Civil society participation? n Media collaboration? n

Mandate: Constitution of the Kingdom of Thailand 1997 (2540) enacted on the 11 th Day of October 2540 (1997) CHAPTER X )หมวด( Inspection of the Exercise of State Power Part 2 )สวน ( The National Counter Corruption Commission consists of the President and another eight qualified appointed by H. M. the King with the advice of the S

Mandate: Constitution of the Kingdom of Thailand 2540 (1997) CHAPTER X )หมวด( Inspection of the Exercise of State Power Part 1 )สวน ( Declaration of Accounts Showing Particulars of Assets and Liabilities

The Organic Act on Counter Corruption B. E. 2542 ( 1999 ) Given on the 8 th Day of November B. E. 2542; came into force on November 18, 1999

Chapter II )หมวด( Powers and Duties of NCCC Section 19 )มาตรา ( -Inquire into facts, summary of cases, prepare opinion and submit to Senate (removal case) or Supreme Court (criminal case) - Inquire and decide whether state official has become unusually wealthy - Inspect the accuracy of declared assets and liabilities of state officials etc

Interim Constitution B. E. 2549(2006) Given on the 1 st day of October B. E. 2549 Constitution B. E. 2550 (2007) Subject to national referendum Enacted on the 24 th Day of August B. E. 2550

Announcement by the Council for Democratic Reform No. 19 Selected Organic Laws shall continue to remain into force 3. The composition of NCCC in accordance with the Organic Law on Counter Corruption Commission 1999, are as follows: 1. Mr. Panthep Klanarongran, President 2. Mr. Klanarong Chanthik, Member 3. Mr. Jaidet Pornchaiya, Member 4. Mr. Prasart Pongsiwapai, Member 5. Prof. Paldi Pothisiri, Member 6. Prof. Medhi Krongkraw, Member 7. Mr, Wicha Mahakhun, Member 8. Mr. Wichai Wiwitsewe, Member 9. Miss Somlak Jadkrabuanpon, Member

The Office of the National Counter Corruption Commission ( ONCC ) n ONCC is the independent anti-corruption agency with powers and duties as follows: ü Responsible for the administrative work of NCCC ü Study and gather data related to the work of NCCC ü Study and encourage research in, and disseminate knowledge related to corruption in the government and political circles ü Perform other acts as entrusted by NCCC

Staff and Organizational Structure Ø NCCC officers are government officials Ø Currently, there are 600 officials Ø The organization is divided into 11 bureaus and 4 divisions Ø Secretary-General shall monitor and be the superior of the NCCC officials and employees; and be directly answerable to the NCCC President.

Organizational Structure of NCCC Commissioners ONCC 7 60 Advisors Secretary - Deputy Secretary-Secretary Expert 1 1 5 General Assistant S - G 3 Assistant to 1 Executive Unit 1 Internal Financial 3 )Organization Project) Institute Development Inspection Offices NCCC Local (Research Center SDU Project) Project Administrativ 108 e Branch Bureau of Policy and Strategy Bureau of Central Administrati Bureau of on Commission Affairs Bureau of Personnel Administrati on 18 37 23 30 Operation Ethics and Prevention Branch B. of Corruption Prevention in the Political Sector B. of Corruption Prevention in the Public Sector B. of Corruption Prevention in State Enterprises and the Private Sector B. of Corruption Prevention in the Civil Sector B. of Ethics and Integrity 55 1 1 1 2 1 0 1 3 9 Assets Inspection Branch B. of Asset Inspection in the Political Sector 1 B. of Asset Inspection in the Political Sector 2 B. of Asset Inspection in the Public Sector B. of Asset Inspection in the State Enterprises Sector B. of Inspection Procedure Development 542 13 6 2 7 2 8 3 3 1 5 Corruption 35 Suppression 1 Branch Bureau of Political Corruption Bureau of Suppression 1 Political Corruption Bureau of Suppression 2 Public Sector Corruption Bureau of State Suppression Enterprise and Private Corruption Bureau of Suppression Intelligence 29 95 1 15 90 22 Technical Branch Bureau of Foreign Affairs Bureau of Legal Affairs Institute of Organization Development Information Technology Center Research Center 86 1 8 1 9 2 4 7

Powers and Duties of the NCCC v Divided into 3 main functions 1. Inspection of Assets and Liabilities 2. Corruption Prevention 3. Corruption Suppression

1. Inspection of Assets and Liabilities (1) v To inspect the accuracy, actual as well as change of assets & liabilities of 1. 1 Person holding a Political Position 1. 2 High Ranking State Officials 1. 3 State Officials specified by NCCC

1. Inspection of Assets and Liabilities (2) 1. 1 Person holding a Political Position 1. Prime Minister 2. Minister 3. Member of the House of Representatives 4. Senator 5. Other Political Officials 6. Local Administrator, Member of a Local Assembly

1. Inspection of Assets and Liabilities (3) 1. 2 State Officials in Following Positions: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. President of the Supreme Court of Justice President of the Constitutional Court President of the Supreme Administrative Court Prosecutor-General Election Commissioner Ombudsman Judge of the Constitutional Court Member of the State Audit Commission Vice President of the Supreme Court of Justice Vice President of the Supreme Administrative Court Chief of the Military Judicial Office Judge of the Supreme Court of Justice Judge of the Supreme Administrative Court Deputy Prosecutor-General Person holding a high-ranking position

1. Inspection of Assets and Liabilities (4) 1. 3 State Officials Specified by NCCC ü NCCC can specify the positions and classes or level of State Officials to submit the account of assets & liabilities

1. Inspection of Assets and Liabilities (5) State Official who intentionally 1. Fails to submit the accounts in time 2. Submits documents with false statements 3. Fails to disclose facts which should have been disclosed shall vacate his/her position and shall not hold an official position for 5 years. This kind of offence must be submitted to the Constitutional Court for making final decision.

2. Corruption Prevention 2. 1 Propose measures, opinions or recommendations 2. 2 Promote attitudes, values, morals, ethics and integrity 2. 3 Seek cooperation from people and undertake public relations including education

2. Corruption Prevention (2) 2. 4 Monitor the Business Interests and Shareholdings of Ministers NCCC has duty to monitor the business interests and shareholdings of Ministers v A Minister shall not be a partner or shareholder in partnerships/ companies, or hold shares of more than 5%

3. Corruption Suppression 3. 1 Removal From Office 3. 2 Criminal Proceedings 3. 3 Disciplinary Proceedings 3. 4 Unusual Wealth Inquiry 3. 5 Inquiry into the offence Relating to the Bid in Government Agency Act 1999

3. Corruption Suppression 3. 1 Removal From Office To enquire into facts summarizing the case and prepare opinion to be submitted to the senate for removal from office. The person in the following positions may be removed: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Prime Minister, Member of the House of Representative, Senator, President/Vice President of the Supreme Court of Justice President /Vice President of the Constitutional Court President/ Vice President of the Supreme Administrative Court Prosecutor-General /Deputy Prosecutor-General Election Commissioner Ombudsman Judge of the Constitutional Court

3. Corruption Suppression 3. 1 Removal From Office: Members of the State Audit Commission Persons holding high-ranking positions

3. Corruption Suppression (4) Removal from office The Complainants must consist of: n Members of the House of representatives of not Less than ¼ n Voters of not less than 50, 000 people (2540) 20, 000 people (2550) n Senators of not less than ¼ in case of removal from office

3. Corruption Suppression (5) Grounds for removal from office Must be accused of the following offences : n unusual wealth n circumstances indicative of committing corruption n circumstances indicative of malfeasance in office or malfeasance in judicial office n Intentional exercise of power contrary to the constitution or the Law

3. Corruption Suppression (6) 3. 2 Criminal proceedings v political position Submit to supreme court of justice’s criminal division for persons holding political positions : 1. 2. 3. 4. 5. 6. Prime Minister Member of the House of Representatives Senator Other Political Official Principal, Instigator, Supporter

3. Corruption Suppression 3. 2 Criminal proceedings Who can make complaints ? an injured person v Accused of • Unusual Wealth • Malfeasance in office according to Penal Code • Dishonest act in performance of duties • Corruption according to other laws

3. Corruption Suppression 3. 2 Criminal proceedings v Government Officials Accuser Injured Person Complainant Reasonable cause to suspect Accused of Corruption Malfeasance in Office Malfeasance in Judicial Office

3. Corruption Suppression Criminal proceedings and Unusual Wealth 1. 2. 3. 4. 5. 1. Government official Prime Minister Member of the House of Representative Senator Other Political Official Prosecute Supreme Court of Justice’s Criminal Division for Persons Holding a Political Position Prosecute Competent Court of Justice

3. Corruption Suppression 3. 3 Disciplinary Proceedings Allegations against Government Official for v. Corruption v. Malfeasance in office v. Malfeasance in judicial office The NCCC shall conduct inquiry and pass a resolution which has a prima facie case for a disciplinary offence to superiors for disciplinary penalty without the appointment of a disciplinary inquiry committee

Conflicts of Interest (1) According to the Organic Act on Counter Corruption 1999 Any state Official who has the power to conduct supervision, control, inspection or legal proceedings is forbidden to: 1. Be a party to or have an interest in a contract made with a 2. Government agency 3. 2. Be a partner or shareholder in a partnership or company which is a party to a contract made with a Government agency

Conflicts of Interest (2) 3. Shall not receive gifts or any other benefit on ethical basis: Ø price or value from each person and on each occasion exceeding 3, 000 baht

Corruption Prevention Activities Seminar between NCCC and Education Executive Officers

Seminar between NCCC and Education Officers

Speech Contest Award “ทจรตคดโกงชาต จะพงพนาศทงราษฎรรฐ ” “รกชาต รกแผนดน หยดโกงกน กอนสนชาต ”

Walk against Corruption More than 10, 000 participated

Talks on TV

Recent initiatives Mobile phone games n School newsletters and quiz n NCCC Journal n Cartoons / mascot n Pro-active monitoring of government policy and measures, starting with intervention measures in agricultural markets n Fostering civil participation n Compilation of database n Research n Capacity Building n

n “A good story is something that makes people want to listen” Christiane Amanpour, CNN Amanpour n A good policy is something people want to comply with – creates the right incentives

Thank you