การเสริมสร้างประสิทธิผลของระบบการให้เบาะแสในประเทศไทยและการส่งเสริมความร่วมมือในระดับพื้นที่ภาคใต้เพื่อป้องกันปราบปรามการทุจริตคอร์รัปชันในภาครัฐ

Abstract

Corruption has become much more subtle and difficult to detect. Among the various approaches that have been used by different countries, whistleblowing has been shown to be an effective strategy for tackling corruption. Based on a review of the current practices of six different countries, we learned that their key success factors include a strong political will to fight corruption, an effective and integrated legal framework, strict enforcement of the laws and the strength of civil society organizations (CSOs). As for Thailand, whistleblowing is protected under two anti-corruption acts: The NACC’s Anti-Corruption Act and the PACC’s Anti-Corruption Act. These laws focus primarily on protecting the physical safety of whistleblowers but fall short of ensuring protection against reprisals and unfair practices, which generally occur in the workplace. Furthermore, protection against unfair treatment only applies to government officials and it does not clearly define what ‘unfair treatment’ actually means. The fundamental rights of whistleblowers are also often violated because heads of government agencies are not obligated to comply with the protection measures put forth by the NACC and PACC. Moreover, the current investigation process (e.g., how incoming cases are handled and processed) is still inefficient, impeding the NACC and PACC from being able to process corruption cases in due time. There is currently no clear and concrete mechanism for ensuring that the public is empowered and that their right is protected. It is thus unfortunate that the recently proposed law which aimed to promote