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Presented at the World Bank’s Capacity Enhancement Program on Anticorruption and Good Governance

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. Mandate

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Presented at the World Bank’s Capacity Enhancement Program on Anticorruption and Good Governance

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  1. 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.

  2. About NCCC • Mandate • Areas of intervention • Corruption prevention • Corruption suppression

  3. Mandate: Constitution of the Kingdom of Thailand1997 (2540) enacted on the 11th Day of October 2540 (1997) CHAPTER X (หมวด) Inspection of the Exercise of State Power Part 2 (ส่วน) The National Counter Corruption Commission consists of the President and another eight qualified members appointed by H.M. the King with the advice of the Senate

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

  5. 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

  6. 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

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

  8. 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

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

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

  11. Organizational Structure of NCCC

  12. Powers and Duties of the NCCC • Divided into 3 main functions • Inspection of Assets and Liabilities • Corruption Prevention • Corruption Suppression

  13. 1.Inspection of Assets and Liabilities (1) • 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

  14. 1.Inspection of Assets and Liabilities (2) 1.1 Person holding a Political Position • Prime Minister • Minister • Member of the House of Representatives • Senator • Other Political Officials • Local Administrator, Member of a Local Assembly

  15. 1. Inspection of Assets and Liabilities (3) 1.2 State Officials in Following Positions: • 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

  16. 1. Inspection of Assets and Liabilities (4) 1.3 State Officials Specified by NCCC • NCCC can specify the positions and classes or level of State Officials to submit the account of assets & liabilities

  17. 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.

  18. 2. Corruption Prevention 2.1Propose 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

  19. 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 • Minister shall not be a partner or shareholder in partnerships/ companies, or hold shares of more than 5%

  20. 3. Corruption Suppression 3.1Removal 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

  21. 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: • Prime Minister • 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

  22. 3. Corruption Suppression 3.1 Removal From Office: Members of the State Audit Commission Persons holding high-ranking positions

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

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

  25. 3. Corruption Suppression(6) 3.2 Criminal proceedings • political position • Submit to supreme court of justice’s criminal division for persons holding political positions : • Prime Minister • Minister • Member of the House of Representatives • Senator • Other Political Official • Principal, Instigator, Supporter

  26. 3. Corruption Suppression 3.2 Criminal proceedings Who can make complaints ? an injured person • Accused of • Unusual Wealth • Malfeasance in office according to Penal Code • Dishonest act in performance of duties • Corruption according to other laws

  27. 3. Corruption Suppression 3.2 Criminal proceedings • Government Officials • Accuser • Injured Person • Complainant • Reasonable cause to suspect Accused of • Corruption • Malfeasance in Office • Malfeasance in Judicial Office

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

  29. 3. Corruption Suppression 3.3 Disciplinary Proceedings Allegations against Government Official for • Corruption • Malfeasance in office • 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

  30. 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 are forbidden to: 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

  31. 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

  32. Corruption Prevention Activities Seminar between NCCC and Education Executive Officers

  33. Seminar between NCCC and Education Officers

  34. Speech Contest Award “ทุจริตคิดโกงชาติ จะพังพินาศทั้งราษฎร์รัฐ” “รักชาติ รักแผ่นดิน หยุดโกงกิน ก่อนสิ้นชาติ” “เชิดชูคนซื่อสัตย์ ร่วมกำจัดคนโกงกิน”

  35. Walk against Corruption More than 10,000 participated

  36. Talks on TV

  37. Recent initiatives • Mobile phone games • School newsletters and quiz • NCCC Journal • Cartoons / mascot • Pro-active monitoring of government policy and measures, starting with intervention measures in agricultural markets • Compilation of database

  38. Thank you

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