by สมคิด เลิศไพฑูรย์
The study titled “the Prevention and Suppression of Corruption in Local Administration Organizations“ has four main objectives: 1) to inquire into the structure, background and the development of Local Administration Organizations, including the process as well as procedures of the procurements, the establishment of infra-structure, personnel management, and the certification of licenses operated by typical Local Administration Organizations in Thailand ; 2) to search for knowledge based on the experiences of other countries concerning the measures employed to prevent and suppress corruptions in the Local Administration Organizations, while aiming at applying the knowledge to solve the problems of corruption within the typical Local Administration Organizations in Thailand; 3) to seek the knowledge concerning conditions and causes of corruptions, as well as the types, characteristics and frequency of incidents of corruptions which have occurred in the typical Local Administration Organizations in Thailand; and 4) to analyze the information gathered in the study in order to propose appropriate prevention measures and to provide recommendations for solving corruption found in typical Local Administration Organizations in Thailand.
The results of the study point to the fact that Local Administration Organizations carry out their duties of procurements, infra-structure establishment, personnel management and certification of licenses under a host of legislations, rules and regulations with differing hierarchical ordering, while the Constitution provides the general guidelines. The details stipulated in several legislations and other secondary level of laws were issued by the Ministry of Interior, or by the organizations with relevant functions and authority. The findings also indicate that the operation in various capacities of Local Administration Organizations, which are in accordance with their authority and responsibility, occur under an inspection system which consists of a number of channels, namely the inspection through political mechanism, the inspection by the organizations with monitoring power and authority, the inspection by the organizations with specified roles in corruption prevention and suppression, the inspection by judicial organizations and the inspection by the people.
As for the facts about the conditions of corruptions occurring in the Local Administration Organizations in Thailand, the results of this study show that the Tambon Administration Organization is the agency which has received the highest cases of complaints and is most frequently found guilty. At the same time, procurements and the implementation of infrastructure were found to be activities with the most frequent incidents of corruption. However, it is worth noting that when taking geographical areas into consideration, the results show that certain areas such as the three southern provinces, no Local Administration Organizations have been found guilty of corruption.
As for the causes of corruption, two main segments of findings can be identified. The first segment has to do with the overall cause of corruption. For instance, the patron- and-client relations prevalent in the Thai society , the structure of the local administration organizations; social and economic factors; inefficiency of the inspection process employed by organizations in charge of inspection, adherences to protocols or norms based on the central unit and human quality. The second segment of findings on specific causes of types of corruptions include the followings: 1) Corruptions in procurements and infra structure implementation are found to be caused by legal criteria used in the actual process of procurements, the intentionally quoting of prices to make them higher than the actual market prices; the exchange of interests among individuals in business enterprises themselves and between the individual entrepreneurs and personnel in Local Administration Organizations. An exchange of interests is also found between national level politicians, officers from mid-level governmental agencies, and senior level administrators of local administration organizations. Political factors and factors related to a lack of transparency in procurements and the conditions related to a lack of efficient inspection mechanism form part of the causes of corruption; 2) Corruptions in personnel management are found to be caused by the rules used in personnel management which grant too much authority to administrators of local
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