Transfers to be free from politics
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Panel to decide on moves, dismissals from top public posts based on 'merit system'
DRAFTERS yesterday inserted a provision in the new constitution prohibiting politicians from transferring, appointing or dismissing high-ranking public officials including permanent secretaries, with the power delegated to a Senate-appointed committee that will deliberate under a so-called merit-based system.
The committee will have to submit a list of names of people proposed for transfer, appointment or dismissal to the prime minister, and if the PM does not object, the list will be submitted for royal endorsement.
Concerns have been raised over the newly drafted article in terms if its effectiveness in solving the country’s deep-rooted patronage system, where public officials in the past have fallen under the influence of politicians.
This has been the case because under the previous charters, elected representatives had the power to appoint or transfer high-ranking public officials.
As a result, only public officials who served politicians received favourable transfers or appointments.
Transferring the power from elected officials to bureaucrats has been criticised as a case of out of the frying pan, into the fire.
Although it might result in the cutting of ties between politicians and public officials, it is feared the move could worsen the patronage system in Thailand’s bureaucracy.
However, Constitution Drafting Committee spokesman Kamnoon Sidhisamarn said both politicians and public officials would be regulated by the rule of law.
“If the committee violates the rule of law, it will be punished,” Kamnoon said. “The problem that has occurred in recent times related to politically driven transfers and the appointment of ministries’ permanent secretaries, which subsequently affected the appointments and transfers of lower-ranking public servants.
“Hence there’s an urgency to change, because we believe there’s still some hope in this society. Once we attempt to make the change, questions on whether charter drafters are throwing the problem out of the frying pan and into the fire may also arise. But we are aware and are careful about this.”
The article states that the appointment of public officials must be based on the merit-based system, and the committee must consist of seven royally endorsed members recommended by the Senate.
Two members will be civil-service representatives, three will be former ministry secretaries selected by current secretaries or other public-office holders of the same rank, and two will be representatives from ministries’ moral and ethics committees.
The seven members will decide among themselves who will be the panel’s chairman and inform the Senate of their decision.
The Senate will vet the members and reject names it does not approve of.
The committee members can serve only a single three-year term.
There are suspicions that clauses inserted in the charter over the past few days are part of a wider struggle to dilute the power of elected officials while empowering bureaucrats, with the triumphant bureaucrats set to maintain a grip on power in the coming years.
This week, a strict regulation on government spending and the design and implementation of government policy was inserted in the charter. The provision could significantly limit a political party’s ability to promote policies during an election campaign, let alone implement a policy once elected.
Last week, the National Reform Council accepted documents by the Anti-Corruption Network led by General Samrerng Pinklang, in which the junta and the NRC were urged to “merge” local administrations nationwide.
This proposal drew contempt from various local administrations, as there has been speculation that the junta wants to reduce the size and power of elected members of local administrations to make way for the Interior Ministry’s district offices and local municipalities, which would be centrally administrated.
