11 Feb 2015 – Under the Law Reform Commission of Thailand Act B.E 2553 (2010) , Law Reform has been defined as implication of all acts aiming to revise and develop law in the way that shall be expedient and provide the best benefit for the people and the country. This shall include revise and development of the law in corresponds to the word and meaning of the constitution, the machinery of the judicial process, due process of law, law enforcement, adjudicative law, drafting law, that is to revise and development of the law.

The LRCT have made the proposals and recommendation on the Independent agencies of the Thai government in accordance with the LRCT strategy. The LRCT said there are five Independent agencies of the Thai government which shall be necessary and proper to be stated by the Constitution, which are the Election Commission of Thailand (ECT), The National Anti-Corruption Commission (NACC), The State Audit Commission of Thailand (SAC), The National Human Rights Commission (NHRC) and the Ombudsman.

As for the National Human Rights Commission (NHRC) and the Ombudsman, the LRCT recommended that both agencies should not be merged because each of its mission and operations are unique and very much different from each others. NHRC focuses on investigating suspected violations of human rights that are enshrined in the constitution or in international human rights conventions which is ratified by Thailand. Meanwhile, the Ombudsman focuses on inspecting and monitoring state agencies power of civil servant including the implementation of laws and regulations by government agencies which might be not involved with the case of human rights violation. Therefore, if the NHRC merges with the Ombudsman, it might affect to the rights of protection of people. Also, LRCT proposed the NHRC should remain the power to file a petition to Constitutional Court and Administrative Court. 

The NHRC should be more transparency in the process of selection and appointment of members to the commission. For the Ombudsman, the LRCT proposed its power and duties should be clarified in constitution and such identities and mandate should not overlap to the other agencies to improve the effectiveness of the its body. Moreover, the selection and appointment of the members should be in accordance with the international Ombudsmen’ regulation.

For the Election Commission of Thailand (ECT), the independent government agency and constitutionally empowered to conduct free and fair elections of Thailand. The LRCT also proposed that the ECT members’ appointment should be more transparency and involve people participation in the process. ECT must conduct the fair and effective election of Thailand.

The National Anti-Corruption Commission (NACC), the LRCT proposed that the investigation process of NACC would be shortened and focus on protecting and fighting the corruption case especially to the politician and high-ranking senior government officials in order to decrease the amount of cases of NACC while the Public Sector Anti-Corruption Commission (PACC) should focus on against the corruption case of low-ranking government official under the regulation of NACC. However, the investigation of all corruption case shall be in accordance with the judicial process. 

The State Audit Commission of Thailand (SAC), the LRCT noted that the SAC duties should be announced and the independence should be ensured by the constitution of Thailand. The selection and appointment of SAC should be more transparency and the process of investigative audit would be shortened in order to protect the dismissal of the case due to the lapse of the period of prescription.