Authorities

       
The 2009 Organic Law on Ombudsman states mandate of the Ombudsman as follows:

        1 Consider and investigate complaints when: -
                1.1 A civil servant, member or employee of a government agency, state enterprise, or local government violates the law or exceeds the jurisdiction of his or her authority.
                1.2 An action or inaction by civil servant, member or employee of a government agency, state enterprise, or local government causes harm, damage or injustice to an individual or to the general public, whether or not this action or inaction is within his or her jurisdiction.
                1.3 A negligence of duties or malfeasance by the statutory agencies and the Courts excluding the process of lawsuit judgment.

        2 If, in the opinion of the Ombudsman, a law, regulation, or action of an individual is in violation of the Constitution, the Ombudsman shall refer the case to either Constitutional Court or an Administrative Court, as appropriate, for further review.

        3 Study, assess, and provide recommendations of actions in compliance with the provisions of Constitution as well as matter for consideration in support of Constitutional amendment.

        4 Draft the core values of ethical standard and making recommendations or advice in connection with the preparation or revision of the code of ethics of each government agency.

        5 Promote ethical awareness to relevant agencies.

        6 Conduct an inquiry and disclose to the public in case of any violation of code of ethics.

        7 Suggest to the appropriate government agency, state enterprise or local government concerning the suggested procedures and provisions.

        8 Prepare an annual report completed with performance, opinion, and recommendations, and submit to the parliament. The report has to be announced in the Government Gazette and open to the public.

Limitation of Powers
        Like Ombudsman all over the world, there are some areas that the Thai Ombudsman has no control. They are
        ? Ombudsman has no sanction power.
        ? Ombudsman could only make recommendation.
        ? In case of agency does not comply with recommendation, the Ombudsman has the power to report to the Minister, Prime Minister, Parliament, and Public.

The Ombudsman shall NOT intervene in
        • Policies announced by the Cabinet in Parliament.
        • Cases currently under consideration in a court of law or cases in which the court has issued a final ruling.
        • Complaints relating to personnel management or disciplinary action.
        • Complaints in which the complainant does not comply with the specified rules i.e. anonymous, no address, inflaming language.

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