NACC: Gratuities are the origin of bribes which require measures to prevent corruption
Corruption is a long-standing problem in Thai society which is based on generosity. When someone does something good for them, they will give a gratuity in return. Nonetheless, this has led to "bribery", a detrimental corruption problem, and impediments to the nation in terms of economic, social, and political aspects, as well as the well-being of the people both directly and indirectly until the present, the National Anti-Corruption Commission (NACC) reported.
Not only in Thailand have a problem related to gratuities, but other developing nations are also facing the same problem. According to Transparency International (TI), bribery is an important motivator that leads to one kind of corruption, classifying as “misbehavior” that must be “eliminated”. Since it involves the promise of benefits as money or other compensations to government officials, individuals, or business organizations, both directly or indirectly way in exchange for a benefit.
First of all, let's understand the similarities and differentiations between "gratitude" and "bribe".
“Gratuities” means generosity which is the result of basic generousness. It is the core of other human virtues such as kindness, compassion, helpfulness, sacrifice and sharing, friendliness, and concern for others. It can be seen that "gratuities" are used to repay the favor to create goodwill and friendship. Yet, it may hope for future benefit from the receiver who is an authority. Consequently, it is the factual fundamental of corruption in the government sector.
“Bribe” means assets, a gift, or any other benefits given to a person to persuade such person to wrongfully perform, not perform, or delay the performance of any duty in his office whether it is the right thing to do or not. It is commonly called backhander, kickbacks, or tributes which can be money, objects, discounts, entertainments, and services.
For example, bribing behavior includes giving money or vouchers as a gratuity to an official who provides services or encouraging an official to help facilitate a giver when contacting a government agency; or giving money to a school so that children would be accepted to study at that school; giving money to government officials to prevent them from being prosecuted for misconducts against the law; and receiving money from construction contractors through work inspection.
After the 2017 Constitution of the Kingdom of Thailand was promulgated, the new Organic Act on Anti-Corruption, B.E. 2561 (2018) was enacted and entered into force in 2018. The act stated in Section 128: the prohibition for public officials from accepting properties or any other benefits which may be calculated in monetary value from any person. The NACC has issued an announcement from the National Anti-Corruption Commission regarding the regulation of the Code of Ethics for receiving properties or any other benefit for a government official, B.E. 2563 (2020) in order to prevent the giving of "gratuities" and "bribes".
The virtue of Section 128 is to prohibit government officials in all positions and those who have vacated office of a public official for less than two years are prohibited from accepting assets or any other benefits which may be calculated in monetary value, or valuable things such as discounting, entertainment, services, training, or others that could be counted as valuable assets. However, there are exceptions unless the acceptance of assets or other benefits is on an ethical basis under the criteria and amount as prescribed by the NACC.
1. The receiving which is permitted by law, such as salary, position allowance, allowance for fieldwork, and cooperative dividends.
2. Receiving from parents, heirs, or relatives in accordance with custom or ethical basis of the givers.
3. Receiving in accordance with custom and ethics, that is, from a person on the occasion of a festival or important day, congratulations, expressing appreciation, welcoming, expressing condolences, or giving according to etiquette that is practiced in society according to the following criteria:
3.1 Receiving from other people without specifying the recipient such as lucky draw.
3.2 Receiving from a person who is not a relative with a monetary value not exceeding 3,000 baht.
If assets exceeding 3,000 baht are received and it is undeniably necessary to receive them in order to maintain goodwill, friendship, or good relations, the following actions must be taken:
- The notification is required according to the specified form within 30 days from the date of receiving the properties to the highest executive of the agency or those with authority to appoint or remove from the position for consideration.
- If there is a verdict indicating to return the properties, it must be returned immediately or, if it cannot be returned, it must be handed over to the right of the agency without delay.
In case of violation of Section 128, there is a criminal penalty: any public official who violates Section 128 shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding 60,000 baht or both.
From the above information, it is only a measure to prevent corruption. Those must be implemented in parallel with adjusting the thinking process, consciousness, and behavior of Thai people to be able to clearly distinguish between personal and public interests. This will also create good values for Thai society. If seeing any government officials violating the law, please report the information to the NACC Office Tel. 1205 or website: www.nacc.go.th
Reference: The case of bribery and receiving properties or other benefits by government officials, Office of the National Anti-Corruption Commission.
Source: https://www.nacc.go.th/categorydetail/20180831184638361/20240201140108?
* This press release translation is funded by National Anti-Corruption Fund (NACF).
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