The legal enforcement of the ombudsman in Thailand

• Main Author: Napichchaya Kansanoy
• Other Authors: Sangtien Youthao
• Language: English
• Published: Mahidol University. Mahidol University Library and Knowledge Center 2023
• Subjects: Law enforcement > Thailand; Ombudspersons > Thailand
• Online Access: https://repository.li.mahidol.ac.th/handle/123456789/89793
• Institution: Mahidol University

A mixed method research was applied to this research. The quantitative approach was to analyze the legal enforcement to investigate the state power and to recognize the problems and limitations of the legal enforcement imposed by the Thai ombudsman. Its 400 samples were from the Attorney Bureau, the Investigation Bureau, the Intake and Early Resolution Bureau, and the Legal Bureau, which were involved with the ombudsman's legal enforcement. Its data collection was through questionnaire. The second part was a qualitative approach in order to recognize the problems and limitations of legal enforcement imposed by the Thai ombudsman and its efficiency of the legal enforcement. The 10 key informants were equipped with knowledge, specialization and experiences of legal enforcement from variety of interdisciplinary professionals. Results showed that problems and limitations of the legal enforcement were imposing the state agencies to clarify facts and to demand them to follow opinions or recommendations of the ombudsman. It was accorded with the findings in the qualitative research that problems and limitations were at high levels. In addition, the causes were also from its internal administration, the complexity of the complaints, the irrelevancy of laws and the limitations of its legal enforcement. The researcher recommended that there should be amendments of the Organic Acts on Ombudsman and laws related for their consistency. Also, broader investigation should be enacted for empowerment in the ombudsman. The ombudsman's works should be in team and aggressive approach such as site visits to commonly solve problems with all network parties and propaganda of the ombudsman's power and duties should be used. This included publicizing the ombudsman's achievement and reports of non-cooperation for the state agencies without fails. Besides imposing social sanctions on agencies of non-cooperating with the ombudsman's works, law enforcement should be imposed on the state agencies and officers who resist the Organic Act with rigidity. In addition, the administrative measures should be enforced and enacted in the legal punishment exercised by ombudsman. Such measures should be efficient in the legal enforcement of the ombudsman in order to deter dissents and would help the missions of the ombudsman to achieve better reasults in protecting the rights, liberty and public interests