:: Royal Thai Government ::

Speech by H.E. Mr. Abhisit Vejjajiva, Prime Minister of the Kingdom of Thailand
"Role of the Ombudsman in the Public Sector Reform towards Good Governance"
At the 11th Asian Ombudsman Association (AOA) Conference
3 November 2009, 8.30 hrs
Grand Hyatt Erawan, Bangkok

President of Asian Ombudsman Association,
Excellencies,
Distinguished Participants,
Ladies and Gentlemen,
1. I am delighted to be here today at the 11th Asian Ombudsman Association Conference, and have an opportunity to share my view on the conference topic -- "Role of the Ombudsman in the Process of Public Sector Reform towards Good Governance." The participation of Ombudsman from 23 organizations, across 15 countries in Asia, indeed is a strong testament to the importance we all attach to the promotion of good governance and justice for citizens in our region.
2. Thailand is proud to host this important conference. And on behalf of the Thai Government and people, I would like to extend to those of you who have just arrived in Bangkok a very warm welcome and wish you a very pleasant stay here in the Kingdom.
Ladies and Gentlemen,
3. "Ombudsman" has been a vital part of good governance for many centuries. Different countries may coin different words for this mechanism. But its essence has remained the same over the years and across the globe. Ombudsman was created to provide a check on the government and to protect the citizens. Ombudsman investigates complaints about abuse of power and mismanagement by government organizations, provides recommendations for remedial actions, and reports to the parliament and the public.
4. In Thailand, the idea of Ombudsman appeared in the 1974 Constitution. But it wasn’t until the 1990’s that the concept of Ombudsman was established with the adoption of the 1997 Constitution of the Kingdom of Thailand, along with the introduction of other independent oversight organisations. The Ombudsman and these organisations are, together, to provide an effective "checks and balances" system. This will in turn strengthen the government accountability and prevent the accumulation of excessive power or inappropriate exercise of power by the executive branch.
5. In our current constitution -- the 2007 Constitution -- these agencies were retained. In fact, some of them were even given more responsibilities. The Ombudsman was one such office whose authority was further enhanced. And so was the citizens’ hope for better protection from any abuse of power.
6. The main function of the Ombudsman Office is to investigate all complaints expeditiously and fairly, regardless of the rank, status, or influence of the official or organisation the complaint is lodged against. Politicians, civil servants, and all other state employees must be investigated for wrongful acts, abuse of power, failure to perform duties prescribed by law, or other explicit or implicit acts that cause harm to the people.
Ladies and Gentlemen,
7. How the Ombudsman can help promote good governance and the public sector reform is perhaps one of the most important questions facing us today.
8. In my view, the principles of good governance have existed for quite sometime. Transparency, accountability, participation, equity, rule of law, and responsiveness, which are central to the idea of good governance today, are not new concepts. In the past, however, such concepts tended to be viewed in isolation. Only recently have they come together to form part of what is commonly known as "good governance". And in Thailand it took many years before good governance was established as a central concept in a governing or management system.
9. My Government is committed to good governance. Transparency, accountability and observance of the rule of law are the key mode of operation of the government. We are fully aware that in the era where information is available at your fingertips our constituencies can constantly keep track what their elected representatives are doing, in particular, and also on how their tax money is being spent. This means that if anything that’s been done that affects the public the people will know exactly what’s going on and if there’s anything that goes wrong they know how these must be remedied. In other words, in this era you can expect the public to be more demanding and also more acutely aware of their rights.
10. So, besides the usual parliamentary checks on Government, politics today requires mechanisms that enable the public not only to monitor the government’s functioning but also to protect its rights. Along with other independent organisations, the Ombudsman serves this specific need to ensure that the government and the public sector do earnestly observe good governance.
11. The Ombudsman can fulfill its functions by: Firstly, promoting efficiency in the public sector through its power to monitor whether governmental agencies and officials perform their duties.
12. Secondly, the Ombudsman can help raise the moral standard, as the Ombudsman can play an important role in crafting the moral and ethical standards for civil servants and politicians to follow.
13. Thirdly, the Ombudsman can promote the public sector’s greater sense of responsibility and accountability to the general public. In particular, those who hold power and politicians should be more aware of their actions and their practical and moral implications. They also need to be able to explain their course of action to the public.
14. And lastly, the Ombudsman can enhance public participation. The general public can feel that they are part of the administration. They can help keep an eye on how officials -- elected or appointed -- execute their tasks, and if they are affected they can lodge their complaints with the Ombudsman. Allowing the general public to have more voice, especially in matters that adversely affect their livelihood and well-being, would result in greater transparency in the functioning of the public sector, and this is a way, also, of promoting democracy.
Ladies and Gentlemen,
15. Corruption is known to exist in both public and private sectors. Indeed, we have had several wake-up calls to the effects of this malpractice. The financial crisis in 1997 was one of them; and the current global economic crisis is another. These crises have taught us a good lesson that corrupt practices can lead to large scale disasters.
16. Corrupt practices by the government officials or politicians, in particular, often have dire consequences not only for a country’s economy and credibility but also for the overall process of development and the livelihood of the citizens at large.
17. With the problem of corruption still not eliminated, the role of the Ombudsman is all the more important. This independent "watchdog" is, in fact, still expected to work hard. On part of the government, I will make sure the Ombudsman and the Ombudsman Office can work smoothly with our full support. And our support can be provided in three ways.
18. The first is to provide the Ombudsman with sufficient funding for its operation. At the same time, the Ombudsman Office is expected to demonstrate to the public its ability to use the resources more efficiently. Functioning to promote good governance, it must itself represent this important aspect of good governance. With both sufficient resources and their efficient use, the operation of the Ombudsman and the Office will yield productive and efficient outcomes as aimed.
19. Moreover, apart from resources, the Ombudsman is expected also to be fully equipped with legal powers. We can assist, in this respect, both by passing new laws and amending obsolete or duplicated ones for this purpose.
20. Finally, the Government must take it seriously the recommendations and the findings of the Ombudsman so that they can redress the wrongdoings and irregularities highlighted in the report of the Ombudsman. The presentation of the report must not be seen as a mere formality. It must be able to prompt serious consideration and necessary action with a view to providing remedies to people’s grievances and the laying down of a stronger foundation of governance. The findings of the report should also be more widely disseminated to promote good practices and raise public awareness of the public-sector operations.

Excellencies,
Ladies and Gentlemen,
21. In an era of global interconnectedness, the action of one country can certainly have an impact on others. In Asia, where countries are becoming more integrated, it is important that the Ombudsman in each country work to safeguard and promote good governance not only in its own country but also for the whole region.
22. In this regard, the Conference of the Asian Ombudsman Association can serve as an important mechanism for the members from various countries to exchange their experiences and expand their cooperation and networking to support the Ombudsman work throughout the region.
23. The networking should indeed be broadened to allies in other sectors, especially in the private sector, independent organisations and the media. The "allies" would then act as our extended "eyes and ears". They could also help gather and disseminate information, as well as promote awareness among the public, assist in the lodging of complaints and taking legal action by appropriate bodies. They can even create a corruption-free culture and a new generation that is acutely aware of the need for good governance. They will then be motivated by aspirations that are morally and socially sound, rather than by pure self-interest. In turn, the Ombudsman and its networks could help improve good governance in a systematic and sustainable manner.
24. On this note, I would like to thank member countries and the Asian Ombudsman Association, and wish you all a successful conference. Your success will benefit many, help to uphold the rights of citizens in member countries, and finally promote "good governance" and "good governments" .
Thank You. Sawasdee Krub.