Some issues regarding the Civil Service Code of Ethics

Abstract

            This article aims to study about the Civil Service Code of Ethics. The Civil Service Code of Ethics was published in the Thai government gazette on November 5th B.E. 2552 by virtue of section 279 of the Thai Constitution B.E. 2550. In the third paragraph of this section, it prescribes that any violation or failure to comply with the ethical standards of the aforementioned Civil Service Code of Ethics shall be deemed as a breach of discipline. At present, section 76 last paragraph of the Thai Constitution B.E. 2560 states that the State should formulate ethical standards for State agencies to use as the basis for prescribing a code of ethics for State officials in that particular agency, which must not be lower than such ethical standards. Then, the Ethical Standards Act B.E. 2562 was enacted in accordance with section 76 mentioned above. However, none of provisions of the Thai Constitution B.E. 2560 prescribes that violation or non-compliance with ethical standards is considered a breach of discipline.

          According to this study, the enforcement of the Civil Service Code of Ethics B.E. 2552 as indicated under the transitory provision of the Ethical Standards Act B.E. 2562 causes some problems. It is skeptical whether or not the violation or failure to comply with the ethical standards of the Code constitutes a disciplinary offense. Moreover, others issues are with regard to a particular qualification of an ethics committee member; uncertain practice in a situation where the head of a government agency is accused of violating the Code; and enforcement measures concerning the violation of the Code. This article then suggests solutions to solve those problems. The new Civil Service Code of Ethics which will be issued under the Ethical Standards Act B.E. 2562 should provide more clarification. It should clearly state that the violation of such Code does not create a disciplinary offense. The qualification of the ethics committee member should be amended. Setting out apparent proceedings in cases of the violation of the Code by the head of a government agency along with having more concrete enforcement measures of such Code will render much more clarity.