Anti-Corruption Efforts at the Anti-Corruption Efforts at the National Level: the Work of National Level: the Work of Thailand’s National Counter Thailand’s National Counter

Corruption CommissionCorruption Commission(NCCC)(NCCC)

Dr. Sirilaksana KhomanDr. Sirilaksana Khoman

Presented at the World Bank’s Presented at the World Bank’s Capacity Enhancement Program Capacity Enhancement Program

on Anticorruption and Good on Anticorruption and Good GovernanceGovernance

Washington, D.C. September 8, Washington, D.C. September 8, 2008.2008.

About NCCCAbout NCCC

MandateMandateAreas of interventionAreas of interventionCorruption preventionCorruption preventionCorruption suppressionCorruption suppression

True of False?True of False?

““No good person can No good person can succeed in a corrupt succeed in a corrupt system.system.

No corrupt person can No corrupt person can succeed in a good system.”succeed in a good system.”

To consider the role of an To consider the role of an anti-corruption agency ….anti-corruption agency ….

Why does corruption Why does corruption exist?exist?

Why does corruption Why does corruption persist?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. etc.Do Thai people associate these incidents with corruption?

What about these?What about these?

Rice mortgage scheme?Rice mortgage scheme? Export quotas?Export quotas? LicencesLicences Government regulationGovernment regulation

August 20, 2008Commerce Minister Chaiya Sasomsap grants amnesty to more than 40 blacklisted rice millers to enable them to participate in the rice-pledging schemeDoes the public sit up?

Is the public concerned?

Is the NCCC equipped for pro-active work?

Opinion Poll in ThailandOpinion Poll in Thailand

Recent survey of Thai high-school Recent survey of Thai high-school students:students:

81 per cent: being too honest leads 81 per cent: being too honest leads to risk of being taken advantage ofto risk of being taken advantage of

53 per cent: corruption is acceptable 53 per cent: corruption is acceptable if the corrupt politicians or officials if the corrupt politicians or officials involved are able to perform or involved are able to perform or produce tangible results produce tangible results

HHOO: People are the same : People are the same everywhereeverywhere

MonetaryMonetary SocialSocial MoralMoral

In what way?In what way?

They respond to incentives, They respond to incentives, positive and negativepositive and negative

Civil Society:Civil Society:• Freedom of information• Public hearings of draft laws • Monitoring by media/NGO’s• School curriculum• Anti-corruption fund

Good and CleanGood and CleanGovernmentGovernment

Competition & EconomicCompetition & EconomicFreedom:Freedom:• Competitive/contestable restructuring of monopolies?• Regulatory simplification• Monitoring creation of monopoly rents

Public Administration and Public Finance: Public Administration and Public Finance: • Meritocratic civil service, codes of conduct, transparency in promotion and rotation; civil servants’ unions??• Adequate, transparent, monetized, remuneration • Accountability in expenditures (budget, audit, procurement)• Perception index of good service/integrity by agency/service

Measures for Good Government and Transparency

Accountability of Political Leadership:Accountability of Political Leadership:• Disclosure of parliamentary votes • Transparency in party financing• Asset declaration, conflict of interest rules

Checks and Balances and EffectiveChecks and Balances and EffectiveSuppression:Suppression:• Independent and effective judiciary • Independent and effective specialized anti-corruption agency/unit• Decentralization with accountability?• Witness/whistle-blower protection?

Private Sector Partnership:

. CSR, codes of conduct

. Anti-corruption pact

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 One of the reasons why … corruption has grown to be pervasive in Africa is has grown to be pervasive in Africa is primarily because much effort has primarily because much effort has been spent to remedy the problem been spent to remedy the problem rather than to understand it.”rather than to understand it.”

Dele OluwuDele Oluwu

Need for in-depth understanding

““The appearance of the law must be The appearance of the law must be upheld – especially when it’s being upheld – especially when it’s being broken.”broken.”

Gangs of New YorkGangs of New York

Need in-depth study of power relationships and networks

Strong civil society

NCCC DatabaseNCCC Database

Relationships between players in Relationships between players in different casesdifferent cases

Civil society participation?Civil society participation? Media collaboration?Media collaboration?

Mandate: Constitution Mandate: Constitution of the Kingdom of of the Kingdom of

ThailandThailand1997 (2540)1997 (2540)

enacted on the 11enacted on the 11thth Day of October 2540 Day of October 2540 (1997)(1997)

CHAPTER X CHAPTER X ((หมวดหมวด))Inspection of the Exercise of State Inspection of the Exercise of State

PowerPower

Part 2 Part 2 ((ส่�วนส่�วน))The National Counter Corruption The National Counter Corruption

CommissionCommissionconsists of the President and another consists of the President and another eight qualified members appointed by eight qualified members appointed by H.M. the King with the advice of the H.M. the King with the advice of the

SenateSenate

Mandate: Mandate: Constitution of the Kingdom Constitution of the Kingdom

of Thailand 2540 (1997)of Thailand 2540 (1997)

CHAPTER X CHAPTER X ((หมวดหมวด))Inspection of the Exercise of State Inspection of the Exercise of State

PowerPower

Part 1 Part 1 ((ส่�วนส่�วน))Declaration of Accounts Showing Declaration of Accounts Showing

Particulars of Assets and LiabilitiesParticulars of Assets and Liabilities

The Organic Act on Counter Corruption

B.E. 2542 ( 1999 )

Given on the 8th Day of November B.E. 2542;

came into force on November 18, 1999

Chapter II Chapter II ((หมวดหมวด))

Powers and Duties of NCCCPowers and Duties of NCCC

Section 19 Section 19 ((มาตรามาตรา))

--Inquire into facts, summary of cases, prepare opinion and submit to Inquire into facts, summary of cases, prepare opinion and submit to Senate (removal case) or Supreme Court (criminal case) Senate (removal case) or Supreme Court (criminal case)

- Inquire and decide whether state official has become unusually - Inquire and decide whether state official has become unusually wealthywealthy

- Inspect the accuracy of declared assets and liabilities of state - Inspect the accuracy of declared assets and liabilities of state officialsofficials

etcetc

Interim Constitution B.E. 2549(2006)Interim Constitution B.E. 2549(2006)Given on the 1Given on the 1stst day of October B.E. 2549 day of October B.E. 2549

Constitution B.E. 2550 (2007)Constitution B.E. 2550 (2007)Subject to national referendumSubject to national referendum

Enacted on the 24th Day of August B.E. 2550 Enacted on the 24th 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, President2. Mr. Klanarong Chanthik, Member3. Mr. Jaidet Pornchaiya, Member4. Mr. Prasart Pongsiwapai, Member5. Prof. Paldi Pothisiri, Member6. Prof. Medhi Krongkraw, Member7. Mr, Wicha Mahakhun, Member8. Mr. Wichai Wiwitsewe, Member9. Miss Somlak Jadkrabuanpon, Member

The Office of The Office of the National Counter Corruption Commission the National Counter Corruption Commission

( ONCC )( ONCC )

ONCC is the independent anti-corruption agency with ONCC is the independent anti-corruption agency with powers and duties as follows:powers and duties as follows:

Responsible for the administrative work of NCCCResponsible for the administrative work of NCCC

Study and gather data related to the work of NCCCStudy and gather data related to the work of NCCC

Study and encourage research in, and disseminate Study and encourage research in, and disseminate

knowledge related to corruption in the government knowledge related to corruption in the government

and political circlesand political circles

Perform other acts as entrusted by NCCCPerform other acts as entrusted by NCCC

Staff and Organizational Staff and Organizational StructureStructure

NCCC officers are government officialsNCCC officers are government officials

Currently, there are 600 officials Currently, there are 600 officials

The organization is divided into 11 bureaus and 4 The organization is divided into 11 bureaus and 4

divisionsdivisions

Secretary-General shall monitor and be the Secretary-General shall monitor and be the

superior of the NCCC officials and employees; superior of the NCCC officials and employees;

and be directly answerable to the NCCC and be directly answerable to the NCCC

President.President.

Ethics and Ethics and Prevention Prevention

BranchBranch

5555

Bureau of Bureau of CommissiCommission Affairson Affairs

2323

Bureau of Bureau of Central Central AdministraAdministrationtion

33

77

CommissionerCommissionerss

NCCC Local Offices NCCC Local Offices ProjectProject

Corruption Corruption Suppression Suppression

BranchBranch

335511

AdministraAdministrative Branchtive Branch

11

00

88

Technical Technical BranchBranch 8686

Bureau of Bureau of Personnel Personnel AdministraAdministrationtion

33

00

Bureau of Bureau of Policy and Policy and StrategyStrategy

1818

Institute of Institute of OrganizatioOrganization n DevelopmenDevelopmentt

1199

Assets Assets Inspection Inspection

Branch Branch

131366

Bureau of Bureau of Legal AffairsLegal Affairs

1188

B. of B. of Corruption Corruption PreventionPrevention in in the Political the Political SectorSector

1111

B. of B. of Corruption Corruption Prevention in Prevention in the Civil the Civil Sector Sector

1133 B. of B. of

Inspection Inspection Procedure Procedure DevelopmentDevelopment

1155

B. of B. of Corruption Corruption Prevention in Prevention in State State Enterprises Enterprises and the and the Private SectorPrivate Sector

1100

B. of B. of Corruption Corruption Prevention in Prevention in the Public the Public SectorSector

1122

Bureau of Bureau of IntelligenceIntelligence

2222

ONCCONCC776600

Secretary Secretary - General- General 11

OperationOperation 545422

B. of Ethics B. of Ethics and Integrityand Integrity 99

Bureau of Bureau of Foreign Foreign AffairsAffairs

1188

((Organization Organization Development Institute Development Institute Project)Project)

Bureau of Bureau of Political Political Corruption Corruption Suppression Suppression 11

2299

Bureau of Bureau of State State Enterprise Enterprise and Private and Private Corruption Corruption SuppressionSuppression

9090

Bureau of Bureau of Public Public Sector Sector Corruption Corruption SuppressionSuppression

111155

B. of Asset B. of Asset Inspection in Inspection in the Political the Political Sector 1Sector 1

22

77

B. of Asset B. of Asset Inspection in Inspection in the State the State Enterprises Enterprises SectorSector

3333

B. of Asset B. of Asset Inspection in Inspection in the Public the Public Sector Sector

3333

Information Information Technology Technology CenterCenter

2244

Assistant to Assistant to Executive UnitExecutive Unit

1111 Internal Internal

Financial Financial Inspection Inspection

33

Bureau of Bureau of Political Political Corruption Corruption Suppression Suppression 22

9955

Organizational Structure of NCCC

Deputy Deputy Secretary-Secretary-

GeneralGeneral55 Assistant S Assistant S

- G- G 33

ExpertExpert 11

(Research Center SDU (Research Center SDU Project)Project)

Research Research CenterCenter 77

B. of Asset B. of Asset Inspection in Inspection in the Political the Political Sector 2Sector 2

22

88

AdvisorsAdvisors

Powers and Duties of the Powers and Duties of the NCCCNCCC

Divided into 3 main functionsDivided into 3 main functions

1.1. Inspection of Assets and LiabilitiesInspection of Assets and Liabilities

2.2. Corruption PreventionCorruption Prevention

3.3. Corruption SuppressionCorruption Suppression

1.1. Inspection of Assets and Inspection of Assets and Liabilities (1)Liabilities (1)

To inspect the accuracy, actual as To inspect the accuracy, actual as

well as change of assets & liabilities well as change of assets & liabilities

ofof

1.1 Person holding a Political Position1.1 Person holding a Political Position

1.2 High Ranking State Officials1.2 High Ranking State Officials

1.3 State Officials specified by NCCC1.3 State Officials specified by NCCC

1.1. Inspection of Assets and Inspection of Assets and Liabilities (2)Liabilities (2)

1.1 Person holding a Political Position1.1 Person holding a Political Position

1.1. Prime MinisterPrime Minister

2.2. MinisterMinister

3.3. Member of the House of RepresentativesMember of the House of Representatives

4.4. SenatorSenator

5.5. Other Political OfficialsOther Political Officials

6.6. Local Administrator, Member of a Local Local Administrator, Member of a Local

AssemblyAssembly

1. Inspection of Assets and 1. Inspection of Assets and Liabilities (3)Liabilities (3)

1.2 State Officials in Following Positions:1.2 State Officials in Following Positions:

1.1. President of the Supreme Court of JusticePresident of the Supreme Court of Justice2.2. President of the Constitutional CourtPresident of the Constitutional Court

3.3. President of the Supreme Administrative CourtPresident of the Supreme Administrative Court4.4. Prosecutor-GeneralProsecutor-General

5.5. Election CommissionerElection Commissioner6.6. OmbudsmanOmbudsman

7.7. Judge of the Constitutional CourtJudge of the Constitutional Court8.8. Member of the State Audit CommissionMember of the State Audit Commission

9.9. Vice President of the Supreme Court of JusticeVice President of the Supreme Court of Justice10.10. Vice President of the Supreme Administrative CourtVice President of the Supreme Administrative Court

11.11. Chief of the Military Judicial OfficeChief of the Military Judicial Office12.12. Judge of the Supreme Court of JusticeJudge of the Supreme Court of Justice

13.13. Judge of the Supreme Administrative CourtJudge of the Supreme Administrative Court14.14. Deputy Prosecutor-GeneralDeputy Prosecutor-General

15.15. Person holding a high-ranking positionPerson holding a high-ranking position

1. Inspection of Assets and 1. Inspection of Assets and Liabilities (4)Liabilities (4)

1.3 State Officials Specified by NCCC1.3 State Officials Specified by NCCC

NCCC can specify the positions and NCCC can specify the positions and

classes classes

or level of State Officials to submit or level of State Officials to submit

the account of assets & liabilitiesthe account of assets & liabilities

1. Inspection of Assets and 1. Inspection of Assets and Liabilities (5)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 Prevention2. Corruption Prevention

2.12.1 Propose measures, opinions or Propose measures, opinions or

recommendationsrecommendations

2.2 Promote attitudes, values, morals, ethics and 2.2 Promote attitudes, values, morals, ethics and

integrityintegrity

2.3 Seek cooperation from people and undertake 2.3 Seek cooperation from people and undertake

public relations including educationpublic 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

A Minister shall not be a partner or shareholder in partnerships/

companies, or hold shares of more than 5%

3. Corruption Suppression3. Corruption Suppression

3.13.1 Removal From OfficeRemoval From Office

3.2 Criminal Proceedings3.2 Criminal Proceedings

3.3 Disciplinary Proceedings3.3 Disciplinary Proceedings

3.4 Unusual Wealth Inquiry3.4 Unusual Wealth Inquiry

3.5 Inquiry into the offence Relating to 3.5 Inquiry into the offence Relating to

the Bid in Government Agency Act the Bid in Government Agency Act

19991999

3. Corruption Suppression3. Corruption Suppression 3.1 Removal From Office3.1 Removal From Office

To enquire into facts summarizing the case and To enquire into facts summarizing the case and prepare opinion to be submitted to the senate for prepare opinion to be submitted to the senate for removal from office.removal from office.The person in the following positions may be removed:The person in the following positions may be removed:

1.1. Prime MinisterPrime Minister2.2. Minister,Minister,

3.3. Member of the House of Representative,Member of the House of Representative,4.4. Senator,Senator,

5.5. President/Vice President of the Supreme Court of JusticePresident/Vice President of the Supreme Court of Justice6.6. President President //Vice President of the Constitutional CourtVice President of the Constitutional Court

7.7. PresidentPresident// Vice President of the Supreme Administrative Vice President of the Supreme Administrative CourtCourt

8.8. Prosecutor-GeneralProsecutor-General / / Deputy Prosecutor-GeneralDeputy Prosecutor-General9.9. Election CommissionerElection Commissioner

10.10. OmbudsmanOmbudsman11.11. Judge of the Constitutional CourtJudge of the Constitutional Court

3. Corruption Suppression3. Corruption Suppression

3.1 Removal From Office3.1 Removal From Office::

Members of the State Audit Members of the State Audit CommissionCommission

Persons holding high-ranking Persons holding high-ranking positionspositions

3. Corruption Suppression3. Corruption Suppression (4)(4)

Removal from officeRemoval from office

The Complainants must consist of:The Complainants must consist of:

Members of the House of representatives Members of the House of representatives

of not Less than ¼of not Less than ¼

Voters of not less than 50,000 people Voters of not less than 50,000 people

(2540) 20,000 people (2550)(2540) 20,000 people (2550)

Senators of not less than ¼ in case of Senators of not less than ¼ in case of

removal from officeremoval from office

3. Corruption Suppression3. Corruption Suppression (5)(5)

Grounds for removal from officeGrounds for removal from office

Must be accused of the following offences :Must be accused of the following offences :

unusual wealthunusual wealth

circumstances indicative of committing circumstances indicative of committing

corruptioncorruption

circumstances indicative of malfeasancecircumstances indicative of malfeasance

in office or malfeasance in judicial officein office or malfeasance in judicial office

Intentional exercise of power contrary to the Intentional exercise of power contrary to the

constitution or the Lawconstitution or the Law

3.2 Criminal proceedings

political position

Submit to supreme court of justice’s criminal division for persons holding political positions :

1. Prime Minister

2. Minister

3. Member of the House of Representatives

4. Senator

5. Other Political Official

6. Principal, Instigator, Supporter

3. Corruption Suppression (6)

Who can make complaints ?

Accused of

• Unusual Wealth

• Malfeasance in office according to Penal Code

• Dishonest act in performance of duties

• Corruption according to other laws

an injured person

3.2 Criminal proceedings

3. Corruption Suppression

Government Officials Accuser

Injured Person

Complainant

Reasonable cause to suspect

Accused of Corruption

Malfeasance in Office

Malfeasance in Judicial Office

3. Corruption Suppression

3.2 Criminal proceedings

3. Corruption Suppression

Criminal proceedings and Unusual Wealth

1. Prime Minister2. Minister3. Member of the House of Representative4. Senator5. Other Political Official

1. Government official

Prosecute

Supreme Court of Justice’s Criminal Division for Persons Holding a PoliticalPosition

Competent Court of Justice

Prosecute

3. Corruption Suppression

3.3 Disciplinary Proceedings

Allegations against Government Official forCorruptionMalfeasance in officeMalfeasance 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

1. Be a party to or have an interest in a contract made with a

Government agency

2. Be a partner or shareholder in a partnership or company which

is a party to a contract made with a Government agency

Any state Official who has the power to conduct supervision,

control, inspection or legal proceedings is forbidden to:

Conflicts of Interest (2)

3. Shall not receive gifts or any other benefit on ethical

basis:

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

““ทุจริ ตคิ ดโกงชาต จะพั�งพั นาศทุจริ ตคิ ดโกงชาต จะพั�งพั นาศ

ทุ��งริาษฎริ�ริ�ฐทุ��งริาษฎริ�ริ�ฐ””

““ริ�กชาต ริ�กแผ่�นด น หยุดริ�กชาต ริ�กแผ่�นด น หยุด

โกงก น ก�อนส่ �นชาต โกงก น ก�อนส่ �นชาต ””

““ เช ดช#คินซื่%&อส่�ตยุ� ริ�วมก'าจ�ดคินเช ดช#คินซื่%&อส่�ตยุ� ริ�วมก'าจ�ดคิน

โกงก นโกงก น””

Speech Contest Award

Walk against Corruption

More than 10,000 participated

Talks on TV

Recent initiativesRecent initiatives Mobile phone gamesMobile phone games School newsletters and quizSchool newsletters and quiz NCCC JournalNCCC Journal Cartoons / mascotCartoons / mascot Pro-active monitoring of government Pro-active monitoring of government

policy and measures, starting with policy and measures, starting with intervention measures in agricultural intervention measures in agricultural marketsmarkets

Fostering civil participationFostering civil participation Compilation of databaseCompilation of database ResearchResearch Capacity BuildingCapacity Building

““A good story is something that makes A good story is something that makes people want to listen”people want to listen”

Christiane Amanpour, CNN

A good A good policypolicy is something people is something people want to comply with – creates the want to comply with – creates the right right incentivesincentives

Thank youThank you