Thailand's constitution says shift power to local government but progress has been slow
By Jon Fernquest
This
week the Bangkok Post ran a series on local government issues in
Thailand. The devolution of power and money from the central government to local government called for by the 1997 People's Constitution was covered in the first article, the focus of today's article below.
The article raises several questions:
1.
How has the money that has been shifted to local government so far been
distributed? Has there been income
redistribution and which groups have gained or lost in the
process?
2. If localities were forced to fend for themselves could they support themselves with tax revenue generated locally or would they be dependent largely on the central government?
2. If localities were forced to fend for themselves could they support themselves with tax revenue generated locally or would they be dependent largely on the central government?
[Note: These are the sorts of questions that could only be answered by precise academic research. Links to such research articles (if they exist) from newspaper articles provide an extra dimension to the news, valuable to those who seek to dig deeper into issues and understand them thoroughly. I provide links and references when I find them.]
Today's
article begins after the vocabulary:devolution - transfer of power
from larger organisation to smaller organisation
1997 People's Constitution (or charter) - Thailand's innovative constitution written during a long process of public consultation during the 1990s, guarantees the Thai people many rights (See Wikipedia)
income redistribution - when the government takes money from some people and gives it to other people, often to benefit the poorer members of society (See Wikipedia)
fend for themselves - looking after their own needs without depending on others
1997 People's Constitution (or charter) - Thailand's innovative constitution written during a long process of public consultation during the 1990s, guarantees the Thai people many rights (See Wikipedia)
income redistribution - when the government takes money from some people and gives it to other people, often to benefit the poorer members of society (See Wikipedia)
fend for themselves - looking after their own needs without depending on others
FROM THE GROUND UP
Govt drags its feet on power handover
Local bodies eager to take on more responsibility, but need taxpayer money firstMongkol Bangprapa
9/11/2009
Quarrels over charter amendments are overshadowing another crucial part of the constitution which calls for a transfer of power from the central government to local administrations.
For fans of the changes, devolution is happening too slowly because the government is dragging its feet.
from the ground up -
meaning: building starting from the lowest level first
drags its feet - go slowly (take a long time to finish doing)
handover - give
eager to - wants to do very much
take on more responsibility - have more things that you must do (more duties)
quarrels - fighting
charter - constitution, a set of rules for a government, usually in written document (See Wikipedia)
charter amendments - changes to the constitution
X overshadowing Y - X is so important that no one is thinking about Y
crucial part of the constitution - important part of constitution
transfer - give from one person or group to another
drags its feet - go slowly (take a long time to finish doing)
handover - give
eager to - wants to do very much
take on more responsibility - have more things that you must do (more duties)
quarrels - fighting
charter - constitution, a set of rules for a government, usually in written document (See Wikipedia)
charter amendments - changes to the constitution
X overshadowing Y - X is so important that no one is thinking about Y
crucial part of the constitution - important part of constitution
transfer - give from one person or group to another
The 1997 charter obliges the government to decentralise power. Under the changes, Bangkok-based departments and ministries have to devolve functions to tambon and regional administration organisations, in line with the belief enshrined in the charter that decisions should be made by those most closely affected.
Local bodies, which stand to gain more powers over functions such as health and education, say devolving power will encourage public participation and build a sense of local awareness.
They will also end up more powerful and with more taxpayer money than ever before.
devolve functions to
- move tasks
and responsibilities from the larger organisation to the smaller
organisation
in line with - following, agreeing with, compatible with
X enshrined Y - idea or right X protected by being included in Y
the belief enshrined in the charter - included in the charter (constitution) and therefore protected by the constitution as a right
stand to gain - in the future will be in a situation they will likely gain from
stand to gain more powers - will be in a situation where they will likely gain power
devolving power - taking power from the larger organisation and giving it to smaller organisations
in line with - following, agreeing with, compatible with
X enshrined Y - idea or right X protected by being included in Y
the belief enshrined in the charter - included in the charter (constitution) and therefore protected by the constitution as a right
stand to gain - in the future will be in a situation they will likely gain from
stand to gain more powers - will be in a situation where they will likely gain power
devolving power - taking power from the larger organisation and giving it to smaller organisations
Hat Yai municipality mayor Plai Pattano said devolution would reach residents in towns and villages who would get more say over their own lives.
Budgets would go to local people, not politicians, which should also improve the way money was spent.
"People can lodge complaints with elected local organisations, which will have a better understanding of their needs and how to fix problems. They will no longer have to march to ministries in Bangkok," he said.
municipality - town
(the whole local area included officially in the town)
mayor - the chief, head, leader of a town
get more say - opinion becomes more important (and influences decisions more)
lodge complaints - make complaints
mayor - the chief, head, leader of a town
get more say - opinion becomes more important (and influences decisions more)
lodge complaints - make complaints
Parliament has to approve four bills relating to decentralisation this session, which ends on Nov 28.
One bill concerns the power of local bodies to levy taxes. Without their own money, it would be difficult for local bodies to function. Another two bills cover restructuring.
But the most important bill stipulates how much money the central government will have to give to local bodies so they can take on the new responsibilities.
bill - a proposed law
that has not been approved by the legislature yet
legislature - the group of people in a country that have the power to make new laws, usually elected (See Wikipedia)
local bodies - local government organisations
levy taxes - say that people have to pay certain taxes
stipulates - says officially that
legislature - the group of people in a country that have the power to make new laws, usually elected (See Wikipedia)
local bodies - local government organisations
levy taxes - say that people have to pay certain taxes
stipulates - says officially that
Under the constitution's decentralisation clauses, the government must eventually allocate 35% of its money to local organisations.
The government now hands over 25% and under the 1997 charter, local bodies were supposed to get the rest by 2006.
However, the Sept 19, 2006, coup delayed the change.
The national assembly which passed laws after the coup capped the minimum share which local bodies must get at 26%, but intentionally avoided setting a date by which the share must be increased to 35%.
The absence of a deadline makes it easy for the government to drag its feet, critics say.
clauses - one
section in a legal document (like a constitution)
capped - created an upper limit (no more than this value)
a share - the part of a larger amount that one person or group gets
minimum share - the smallest amount from a larger amount that they can get
intentionally - clearly wanted to do it, not an accident
deadline - a date that all the project or law has to be finished before
absence of a deadline - no deadline
critics - people who look for things that are wrong
capped - created an upper limit (no more than this value)
a share - the part of a larger amount that one person or group gets
minimum share - the smallest amount from a larger amount that they can get
intentionally - clearly wanted to do it, not an accident
deadline - a date that all the project or law has to be finished before
absence of a deadline - no deadline
critics - people who look for things that are wrong
"One of the obstacles holding up decentralisation is the state's failure to set aside a budget for local organisations as originally planned," said Woothisarn Tanchai, deputy secretary-general of King Prajadhipok's Institute and the former chairman of the panel working on decentralisation.
The mayor of Ban Phru in Hat Yai district, Seree Noulpeng, said the lack of a deadline showed there was no real intention to decentralise power. Prime Minister Abhisit Vejjajiva had promised 35% of the budget would go to local organisations, but had yet to say when it would happen.
The transfer of operations from the government to local administrations was also going slowly, Mr Seree said.
"Many operations which come under departments have yet to be transferred," Mr Woothisarn said.
King Prajadhipok's Institute
- a research
institute devoted to the promotion and study of democracy in
Thailand (See website)
panel - a group of experts discussing a problem or trying to solve a problem
no real intention to - did not really want to do
panel - a group of experts discussing a problem or trying to solve a problem
no real intention to - did not really want to do
The plan to decentralise power from Bangkok did not originate from a bottom-up or top-down model. It was "enforced" by law and the constitution.
It started with the requirement that the government allocate one-fifth of its budget to local administrations in 2001. This was meant to increase over the years until it reached the 35% target.
"The starting point of the idea was that the law and budget would drive the changes." But with the government compelled to hand over money, and bureaucrats forced to give up power, resistance was always likely.
bottom-up model - starting
from the lowest
levels of a structure and working upwards
through the structure to the top
top-down model - starting from the highest levels of a structure and working downwards through the structure to the bottom
allocate - give
budget - planned spending by a department over the next year
compelled to hand over - forced to give
resistance - trying not to do what people are trying to force you to do
top-down model - starting from the highest levels of a structure and working downwards through the structure to the bottom
allocate - give
budget - planned spending by a department over the next year
compelled to hand over - forced to give
resistance - trying not to do what people are trying to force you to do
Officials feared losing authority. National unity was at risk if the changes happened too fast, they argued. The Education Ministry had resisted handing over schools to local bodies, claiming they were not ready.
"Putting all problems into perspective, we have to admit the limitations of power decentralisation," Mr Woothisarn said. "Power is being decentralised but the country still has district chiefs. In tambons [sub-districts], we still have kamnan [headmen] and tambon administration organisations."
A key challenge was how to make government agencies and local administration offices work together, he said. Officials on the central payroll must get used to the idea that they are no longer policy-setters, but should act as coaches and mentors to help inexperienced local bodies grapple with new functions.
payroll - the list
of people to be paid for their work
officials on the central payroll - government workers paid by the central government
policy-setters - people or officials who make policy
mentors - experienced people who guide a less-experienced people and show them how to perform tasks
grapple with new functions - try to learn how to do newly assigned tasks
officials on the central payroll - government workers paid by the central government
policy-setters - people or officials who make policy
mentors - experienced people who guide a less-experienced people and show them how to perform tasks
grapple with new functions - try to learn how to do newly assigned tasks
(Source: Govt drags its feet on power handover, Mongkol Bangprapa, 9/11/2009, link)
