UNION INTERPARLEMENTAIRE
INTER-PARLIAMENTARY UNION
Association of Secretaries General of Parliaments
CONTRIBUTION
from
Mr. S. MANUNPICHU
Deputy Secretary General of the Senate of Thailand
To the general debate on
STANDARDS OF CONDUCT FOR MEMBERS OF PARLIAMENT AND PARLIAMENTARY
STAFF
Quito Session
March 2013
The ethical standard for Thai Senators
Ethics is a concept to control members’ conduct in a society, qualifications for members
in the society to behave, to intend the members demonstrating righteous behaviors within
boundaries of liberty and conscience. Ethics is a duty which members in the society should
behave towards themselves, other members and their society, to bring about social advance.
To conduct following such ethics, conscience is in need for those members, senators in
particular. Senators, as “persons holding political positions” who their duties are to response
whole political affairs and take part in policy formulation, which later it will be taken into an
administration policy of state affairs by the permanent executive, ethical violation of any person
holding political position shall cause a widespread impact in the society. By the mentioned
reason, the political office holders are expected to be trustful persons; in other words, the
persons holding political positions shall be examined strictly by public than other people or
public persons in other fields.
Ethical development of the Senate of Thailand
Ethical development of the Senate of Thailand is shown in directly and indirectly way as
follows:
1. Directly ethical development of the Senate
Directly ethical development of the Senate was originated by provisions of the
Constitution of Thailand when the ethical concept started to play its role in controlling the
legislative, the Senate in particular. After that, provisions on ethics of many Constitutions of
Thailand were provided and designed to be the legal method to control ethics of the Senate.
Provisions of the Constitution of the Kingdom of Thailand, B.E. 2550 (2007)
The intention of the Constitution of the Kingdom of Thailand, B.E. 2550 (2007) is to
develop political system and public administration based on integrity and ethical principles. The
Constitution of the Kingdom of Thailand, B.E. 2550 (2007) provided stronger procedure to
control Senator than preceding Constitutions’. It is obviously seen in section 134 of the
Constitution of the Kingdom of Thailand, B.E. 2550 (2007) which stipulated that both House of
Representatives and Senate were to enact codes of ethics for their respective members and
committee members and other businesses. An additional key matter was prescribed in chapter
13 on Ethics of Persons Holding Political Positions and State Officials, section 279 and section
280 appurtenant to the section 304, which set clear principles and measures as well as the
ethical standard control for persons holding political positions and senators.
Moreover, the Constitution of the Kingdom of Thailand, B.E. 2550 (2007) amends the
source of the Ombudsmen to be more independent from both of the legislative and the
executive, along with stipulates each State agency, including Senate, to establish ethical
standard of each kind of person holding political position. Key matters of the provision consist
of mechanism and system for ensuring in its effective enforcement, including imposing
punishment procedures for each degree of violation. The Ombudsmen have the powers and
duties in giving suggestion or recommendations in the making of or improving the Code of
Ethics for State agencies and to promote the ethical conscience of persons holding political
positions, government officials and State officials, including the duty to report any violation of
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the Code to responsible person for the enforcement of the Code of Ethics under section 279
paragraph three.
Furthermore, provision 280 paragraph 2 of the Constitution provides that the
Ombudsmen may conduct an inquiry and disclose the result of thereof to the public in the case
where the violation or failure to comply with the ethical standard is of a serious nature or there
are reasonable grounds to believe that the responsible person may act unfairly.
By the powers and duties to take procedures on ethics of persons holding political
positions under the Constitution of the Kingdom of Thailand, B.E. 2550 (2007), the
Ombudsmen appointed Committee on Principles and Ethical Measures for persons holding
political positions and State officials. An important resolution of the Committee is that each
State agency has to establish and implement its Code of Ethics within one year. In other
words, it should enforce within 24 August 2008. And the Code of Ethics designed for senators
and members of the Committees should go along within the frame of core values for the
persons holding political positions and State officials.
Code of Ethics for Senators and Members of the Committee, B.E. 2553 (2010)
The Code of Ethics for Senator and Members of the Committee, B.E. 2553 (2010)
chapter 1 on Ethics contains four parts:
Part one – the ideal principles for Senators and committee members. They are
expected to be loyal to the Nation, religion and the King, observing and maintaining the
Constitution; they shall work idealistically and with their greatest efforts for the benefit of the
nation and to serve the people, and to be politically neutral.
Part two – Performance of duties of Senators and committee members with fair and
honest. They shall follow the Rules of Procedure of the Senate and must maintain the secrecy
of matters discussed in closed sessions, to respect other people’s rights and to refrain from
interfere or intervene in other Senators or committee members’ works, to dedicate their time to
attained the Senate and committee meetings as well as to refrain from misrepresenting state
information to mislead the public.
Part three – Ethics towards people, Senators and members of the committees shall
behave as a good example, should consult with the people and listen to their problems and
complaints as well as suggestions and recommendations, and to give fair and equal treatment
to the people.
Part four – Ethics for Senators and committee members conducts, Senators and
members of the committees were expected to behave as a good example in conserving and
maintaining traditions, culture and national identity; they shall set a good example of observing
the laws, and meeting regulations; integrity; to consider in association with other people; shall
not allow any members in the family or other people to use one’s position wrongly, and shall
not demand gifts or other interests in exchange for the benefits of one’s actions.
As prescribed in the Code of Ethics for Senator and Members of the Committee, B.E.
2553 (2010), the Commission of Ethics shall hold the office for one year but shall not serve for
more than two consecutive terms, which is in accordance with prescription of holding office of
commissions in other independent agencies, to assure that the Commission of Ethics shall
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perform with independence, transparency, and the Ombudsmen shall be examined its
performances by the succeeding Commission of Ethics.
In regard to the punishment procedures for Senators and members of the committees
who violated the Code of Ethics for Senator and Members of the Committee, B.E. 2553 (2010)
(section 38), Inquiry Commission set up by the Session of the Senate under section 35 of the
Code of Ethics shall give suggestions to the Session of the Senate whether or not the charged
Senators and members of the Committees violated the Code. In case of an actual violation,
they shall be punished by one of the following punishment – warning, blame or public rebuke.
However, the Code of Ethics decreased the role of the Commission of Ethics; the power of
punishing wrong-doers by itself was lessen to be merely to consider the punishment measures
for the wrong-doers, and it results in more transparent punishment procedure.
Moreover, the Code of Ethics for Senator and Members of the Committee, B.E. 2553
(2010) provides additional contents, which are in accordance with the Constitution of the
Kingdom of Thailand, B.E. 2550 (2007), on gross violation of ethical standard. And according
to the Constitution section 279 paragraph three, the President of the Senate shall submit files
and complaints to the Ombudsmen to consider and conduct.
Besides, the gross violation of ethical standard is one of the mentions of prima facie to
remove persons holding political positions and Senators from their offices. Thus, in
consideration of the mention of prima facie of the Commission of Ethics and the Inquiry
Commission, the Code of Ethics for Senator and Members of the Committee, B.E. 2553 (2010)
section 39 indicates the compositions of gross violation of ethical standard. In addition, other
surrounding factors should be taken into consideration – action of violation, willfulness or
intention, motivation, importance and rank and responsibility of the person acting violation,
age, records and behaviors in the past, result of the violation, and other facts.
In conclusion, in Thailand, there are 18 Constitutions to be promulgated up till now, but
only three Constitutions stipulate the both Chambers of the National Assembly were to enact
the Codes of Ethics. Provisions in the Constitution of the Kingdom of Thailand, B.E. 2517
(1974), which are similar to the Constitution of the Kingdom of Thailand, B.E. 2540 (1997)
stipulates that members of the National Assembly were to enact code of ethics for themselves.
Nevertheless, there was none of code of ethics for member of the National Assembly to be
established, until section 77 appurtenant to the section 191 of the Constitution of the Kingdom
of Thailand, B.E. 2540 (1997) prescribed that the government has to design political
development plan, integrity and ethics standard for persons holding political positions,
government officials or of each category of State officials, including the Senate, to prevent
corruption as well as strengthen their effective performances of duties. The intention of the
Constitution was to stipulate the legislative to issue Codes of Ethics to enhance effective
performances of both the executive and the legislative; consequently, the Code of Ethics for
Members of House of Representatives and Members of the Committees, B.E.2542 (1999),
Regulation of the Office of the Prime Minister on Ethical Standards and Ethics of Holders of
Public Office B.E. 2543 (2000), The Code of Ethics for Senators and Members of the
Committees, B.E. 2553 (2010) were concrete implemented at the first time. In practice,
however, the Codes expressed aspirations without imposing punishment i.e. warning, blame or
public rebuke.
The procedure of issuing the Code of Ethics for Senator and Members of the
Committees, B.E. 2553 (2010) were almost two year late than as prescribed in the
Constitution. It was enact on 4 May 2010.
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2. Indirectly ethical development of the Senate
Indirectly ethical development of the Senate was originated by the Constitution of the
Kingdom of Thailand, B.E. 2540 (1997) to increase roles, powers and duties of the Senate in
performing its duties like a council to monitor the exercise of State power. This concept was
transferred from the preceding Constitution to the Constitution of the Kingdom of Thailand,
B.E. 2550 (2007). The Senate plays its indirectly ethical role as the council to monitor the
exercise of State power, to remove persons holding political positions from office, to inspect
the accuracy of assets and liabilities of the National Anti-Corruption Commission, and to select,
provide suggestions or give approval of a person to hold any position in independent agencies.
Removal of persons holding political positions from office
During a decade of implementing the Constitution of the Kingdom of Thailand, B.E.
2540 (1997), 31 cases for removing persons holding political positions from office was filed,
but none of them was considered to be prima facie by the National Anti-Corruption
Commission and the Senate had not been passed a resolution to remove any person holding
political position from his/her office. Later, while the Constitution of the Kingdom of Thailand,
B.E. 2550 (2007) has been implemented, 26 cases for removing persons holding political
positions from office was filed; there were only two cases considering to be prima facie by the
National Anti-Corruption Commission and the Senate may consider whether or not to removing
them from their offices.
Inspection of the accuracy of assets and liabilities of the National Anti-Corruption
Commission
Four Commissions for inspecting the accuracy of assets and liabilities of the National
Anti-Corruption Commission are appointed and 54 accounts of the National Anti-Corruption
Commission were inspected its accuracy and actual existence.
Recruitment, providing suggestions and giving approval of a person to hold any position
in independent agencies as prescribed in the Constitutions
In aspect of recruiting and selecting qualified persons as prescribed in the Provisions of
Constitutions, the Senate has rather been gained success in recruitment, appointment and
giving approval of a person to hold any position in independent agencies. A standing
committee was set up to examine record and conduct of a nominated person by secret
investigation and to collect in-deep information to support the sitting of the Senate for
recruitment, providing suggestions and giving approval of the person to hold the position.
Parliamentary Official ethical standards
The Secretariat of the Senate and the Secretariat of the House of Representatives as
parliamentary agencies are responsible for general mission of the Senate and the House of
Representatives to support and promote legislative work of the Senate, the House of
Representatives and the National Assembly. The Parliamentary officials and employees of the
Secretariats of the Senate and the House of Representatives shall be skilled and
knowledgeable in accordance with a core competency. They also adhere to moral and ethical
standard of parliamentary officials and employees. In order to create efficient and effective
performance for the benefit of organization and the country, the Parliamentary official
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commission has promulgated the Ethical standard of the Parliamentary officials and
employees on 29th May 2001 as well as setting up the commission for following up,
investigating and evaluating the performance of the Parliamentary officials and employees in
accordance with the ethical standard of the Secretariat of the Senate.
Besides, the provision of section 278 of the Constitution of the Kingdom of Thailand,
B.E. 2007 (section: 278) enacted the ethical standards of the political office-holders, the civil
servants or state officials in compliance with the code of ethics which resulting to set up the
efficient working mechanism and to stipulate the punishment procedures in accordance with
the severity of action, disobedience or acting against those ethical standards. Therefore the
Parliamentary official commission stipulated a code of ethics for parliamentary officials and
parliamentary employees to behave the 13 rules which were already promulgated in the
Government Gazette on 26th February 2011 as follows:
1. To be loyal to the nation, religion and His Majesty the king by faithfully performing
their duties to repay an obligation to the country, preserving the benefit for the
nation, obeying the religious principles and upholding the royal institution.
2. To adhere to the democratic regime of government with the King as Head of State
by hearing and accepting public opinions, as well as realizing the rights and duties
according to a democratic regime and carrying out their activities without damaging
the democratic regime of government with the King as Head of State.
3. To perceive that the benefit of the country is greater than their own without the
conflict of interest by refraining from using their personal connections to discrete
person or discrimination as well as refraining from performing duties in the manner
causing the conflict of interest.
4. To be loyal and uphold to their organization performing their duties in accordance
with the strategic goals of the organizational culture and good image as well as
honoring their workplace and maintaining the organization conformity.
5. To concentrate on result orientation, criterion preservation, good quality,
transparency and accountability by focusing on creating good image for their
organization and public interest together with improving an organization working
mechanism for its transparency and effectiveness and providing working mechanism
that can scrutinized by the public.
6. To create harmony, good consciousness, integrity, honest, responsibility for their
duties and to perform their duties with moral principles, honesty, straightforward and
non-defaming.
7. To insist on integrity, fairness and lawfulness as well as to perform their duties by
sticking with principles, regulations, theories and codes of ethics of their profession
and dare to create new idea, to be responsible for their assigned duties and to focus
on performing the right thing without bias, or any other influences.
8. To perform their duties fairly and impartially, and to serve the parliamentarians, the
relevant persons in parliamentary work and the people with service mind, hospitality,
non discrimination.
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9. To expose information to the parliamentarians, the relevant persons in parliamentary
work and the public under the legal framework and refrain from distorting the truth,
maintain an official and other secret received from performing their duties or visitors,
except for the benefit of the process of judgment or investigation in accordance with
regulation, rule and principle, and to comply with the Official Information Act
10. To express their honor to the parliamentarians, the relevant persons to
parliamentary work, the people, the supervisors and colleagues with open-minded,
refrain from interfering other people privacy or personal affairs.
11. To sacrifice, persevere and seriously dedicate to their works for the benefit of public
interest and assist their colleagues or other people without expecting any awards.
12. To save official time, money, assets, staff, service of facilities and privilege worthily
deserving for the official interest, and shall not use them for the benefit of
themselves or other people.
13. To honestly abide by the code of ethics and refrain from avoiding the implementation
of this code.
Code of Ethics enforcement mechanism
Code of ethics of parliamentary officials stipulated mechanism and system to enforce code of
ethics, in addition, the ethics protection bodies were set up.
1. Parliamentary official commission is responsible for overseeing the implementation
of code of ethics closely, comprehensively and practically
2. Parliamentary ethical official commission, appointed by the President of the National
Assembly to control the implementation of this code of ethics. The Commission shall
not impose disciplinary punishment and is honorable in the public sector. In this
regard, this commission is responsible for setting up the performance standard in
compliance with the standard stipulated by the Parliamentary official commission.
Code of Ethics enforcement system
The Chief of parliamentary organization and the Parliamentary ethical official commission shall
promote parliamentary official ethics at least by:
1. Instilling ethics to new parliamentary officials, urging parliamentary official to sign for
acknowledgement of the code of ethics, providing the ethical record of each
parliamentary official as well as arranging activities to promote ethics for executives and
parliamentary officials continually.
2. Protecting parliamentary officials who abide by this code of ethics.
3. Admiring parliamentary officials who strictly abide by this code of ethics.
4. Exploring and adjusting the core values hindering the implementation of this code of
ethics.
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5. Publicizing this code of ethics to the parliamentarians, the relevant persons in
parliamentary work, the public and the families of parliamentary officials to prevent them
from any action resulting in supporting or violating code of ethics.
Code of Ethics of Parliamentary Officials of the Secretariat of the Senate
For a long time, the secretariat of the Senate and the Secretariat of the House of
Representatives have been encouraging parliamentary officials and employees to implement
parliamentary official code of ethics and morality and ethics standard of parliamentary officials
and employees consistently. In this regard the parliamentary official ethical commission has
specified the strategies to drive and push forward the implementation, as well as the
mechanisms for the efficient enforcement of parliamentary official code of ethics.
The secretariat of the Senate has annually developed the strategic plans to drive and
push forward the implementation of the parliamentary official code of ethics, conforming to the
strategies planning of parliamentary official ethics commission. The said strategy is composed
of approach, objective, indicator and procedures of activities in order to reach an achievement
objectively. In addition, the Secretariat of the Senate has created the mechanism to implement
the code of ethics called commission for the implementation of the code of ethics of the
Secretariat of the Senate officials to evaluate the performance of the Secretariat of the Senate
officials and take the performance result to improve its working procedures and stipulate the
achievement of the implementation of parliamentary official code of ethics as an indicator for
evaluating the performance of the Secretariat of the Senate.
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