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Will "dos" and "don'ts" for Thai politicians work in practice?
Under the new constitution, now being written by the Constitution Drafting Committee (CDC), politicians will find it more difficult to gain political power and to exercise that power
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nder the new constitution, now being written by the Constitution Drafting Committee (CDC), politicians will find it more difficult to gain political power and to exercise that power. They will face tougher scrutiny before they attain political power and again when they are in power.
As part of the scrutiny process, there will also be checks on the "ethical standards of political leaders and state officials". Those who fail to meet the standards will be investigated by a new body called the National Ethics Assembly. Their risk is being banned from politics for five years. High-ranking state officials and ministers who don't meet the standards could face impeachment.
Many people may ask for a definition of "ethical standards". In some cases, the line is not clear between ethics of an individual and an office holder. The constitution drafters have set guidelines on "dos and don'ts" in order to answer this question.
The "five dos", as recommended by the CDC, are:
1 Work for the public interest, and not personal or group interest;
2 Promote political participation;
3 Express opinions, debate and give information correctly and completely, with no distortion;
4 Take political responsibility by resigning when office holders or persons under their supervision commit severe damage to the public or the country;
5 Oppose any violation of the law, constitution and code of ethics and inform the relevant agencies for further action.
The "six don'ts", as recommended by the charter drafters, are:
1 Abuse of office for personal benefit or for the interest of a political party or group, get involved in conflict of interest;
2 Violate moral, religious or cultural principles;
3 Use impolite words that could lead to hatred and social division;
4 Allow any individual or group to have control over them or guide them in an illegal way;
5 Use power with the goal of creating political popularity that may damage the country's economy in the long term;
6 Avoid or influence other people to avoid complying with the constitution and other laws.
Those are guidelines for politicians to follow. But the question is: Will the 11 guidelines work in practice? Some critics might suspect the guidelines could at times be subject to interpretation. And if the guidelines were unfairly interpreted, it could lead to political persecution.
Politicians, as representatives of the people, will find it more difficult to express their opinions. Their comments could be interpreted as "leading to hatred and social division" or "violating moral, religious or cultural principles". Even when they fail to report some legal violation, office holders could face "political capital punishment".
There is also the question as to who are members of the National Ethics Assembly. Those people will have the power to punish office holders who fail to meet their ethical standards.
The assembly consists of five "councillors" appointed by the Senate and 50 members appointed by the councillors. The fact the assembly's members are all appointed will negatively affect its credibility.
This body will have an important role in future Thai politics, in the same way as the Ombudsman's Office had in the past. However, for critics, this body is viewed as "another trap" that is to be included in the new constitution. (***)
