Ethics of political office holders a hot topic among all parties

The Constitutional Court's ruling on August 14, which removed Srettha Thavisin from his position as Prime Minister over the appointment of Phichit Chuenban as a Minister, has set a high standard for what constitutes the ethics of political office holders.

The court’s decision in Srettha’s case was clearly stated but also left open-ended questions, with the phrase “must be evidently honest,”  providing fodder for complaints being filed with various agencies almost daily.

In the current political landscape, ethics and honesty are posing a challenge to elected officials, especially for some members of the Cabinet. Some individuals have even decided not to continue in their roles as they risk facing a barrage of ethics tactics from the opposition to target them.

It therefore comes as no surprise that politicians of all stripes are pushing for the overhaul of the part of the constitution covering ethics.

Chusak Sirinil, Minister to the Prime Minister's Office, recently revealed that coalition leader Pheu Thai is preparing to submit a draft amendment to the constitution to Parliament, focusing on ethics and revising the provisions regarding the qualification of officeholders, and particularly clarifying the definition of “evident honesty”.

The stance of the coalition parties is no different. Anutin Charnvirakul, Deputy Prime Minister and Minister of Interior, as leader of the Bhumjaithai Party, stated that if amendments are made to ensure fairness for all sides, Bhumjaithai is ready to support them. He emphasised that everything should have clear boundaries, noting that without them, it’s uncertain where things will begin or end.

Similarly, Thawee Sodsong, Minister of Justice and leader of the Prachachat Party said that all coalition parties agree on amending the constitution concerning ethical standards and the term “evident honesty”, pointing out that it has been interpreted too broadly. If the law is vague and unclear, it becomes a personal tool for independent organisations, allowing them to use it however they please.

Even the opposition People's Party, has confirmed submitting a section-by-section draft constitutional amendment to House Speaker Wan Muhamad Noor Matha, focusing on systemic ethical issues. A highlight is the removal of the National Anti-Corruption Commission's (NACC) power to investigate politicians' ethics.

The People's Party, which evolved from the dissolved Move Forward Party over its efforts to amend Article 112 of the Penal Code, has members involved in a serious ethical violation case, following the party dissolution.

This is still under consideration by the NACC.

This raises the question: is the People's Party’s constitutional amendment proposal a strategic move to address pending cases in the NACC?

Since the enforcement of the 2017 constitution, ethical standards have been outlined in Article 219, with the Constitutional Court and independent organisations tasked with establishing these standards. The drafting process must consider input from the House of Representatives, the Senate, and the Cabinet.

The content must clearly specify which violations or failures to adhere to ethical standards are considered serious.

The first ethical violation case under the 2017 constitution occurred in 2021, involving Pareena Kraikupt, a former MP, who was found guilty by the NACC for encroaching on forest reserve land. The NACC filed a petition with the Supreme Court, which ultimately ruled against her, leading to her lifelong disqualification from politics.

Following this, numerous other politicians have been found guilty of ethical violations. For example, three MPs from the Bhumjaithai Party were permanently disqualified from politics for proxy voting.

As ethics become a sensitive issue, elected officials are looking for opportunities to push constitutional amendments.

The ongoing legal battles between the legislative-executive and judiciary branches will determine, in time, whether elected officials or independent organisations will come out ahead.