MODEL LAW ON THE PROVISION OF PUBLIC SERVICES BY THAI CIVIL SOCIETIES

Abstract

The research has purposes to examine the legal problems relating to the provision
of public services by civil society and to conduct a comparative study and analysis of the implementation of the laws in Japan, the United States of America, the Federal Republic of Germany, and Hungary in comparison with Thailand. The study also aims to examine an appropriate model law for Thailand. It is a qualitative study based on Thai and foreign documentary resources. The research instrument is an interview with five groups of participants including civil society, officials who work with civil society, legal professionals, politicians, and university professors. The data obtained were analyzed using comparative content analysis.
The study found that currently Thailand lacked of legislation on the provision of public services by civil society, and civil society who voluntarily participated in the operations of public or private entities was not recognized or protected. Consequently, it resulted in legal unfairness to civil society. Moreover, there was no specified operational boundaries, scopes of public services provision, and systems for the prevention and correction of fraudulent conduct that may cause serious harm to the State or be bound by international legal obligations arising from the unrestricted activities of civil society. Accordingly, there is an urgent need for a model law on the provision of public services by civil society. The law shall include the provisions relating to public services delivery by civil society, the promotion, support, and protection of civil society, including the establishment of operational boundaries, legal measures for protection, oversight mechanisms, rightful benefits, fund for public service provision, and organization responsible for supporting, promoting, and protecting civil society to ensure that civil society truly becomes a partner with the State in providing public services.