Constitution of Thailand (2007)/Chapter 5

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Constitution of Thailand (2007)
Chapter 5 : Directive principles of fundamental state policies

CHAPTER 5 : DIRECTIVE PRINCIPLES OF FUNDAMENTAL STATE POLICIES[edit]

Part 1 : General Provisions[edit]

Section 75. The provisions in this Chapter indicate the will of the State in enacting legislation and determining policies for the administration of State affairs.

In declaring policies to the National Assembly, the Council of Ministers which is due to assume the administration of the State affairs shall make clear statements as to activities, and timeframes therefor, intended to be pursued in order to achieve the directive principles of fundamental State policies and shall prepare a report indicating results of their implementation, including problems and obstacles pertinent thereto, for submission to the National Assembly at least once a year.

Section 76. The Council of Ministers shall prepare plans for the administration of the State affairs in order to put on view measures and details embodying guidance on the discharge of official duties for each year, which must be consistent with the directive principles of fundamental State policies.

In the administration of the State affairs, the Council of Ministers shall cause to be prepared a legislative plan as necessary for the implementation of the policies and the plans for the administration of the State affairs.

Part 2 : Directive Principles of State Policies in relation to National Security[edit]

Section 77. The State shall protect and uphold the institution of monarchy, independence, sovereignty and integrity of the territorial jurisdiction of the State and shall provide such armed forces, military weapons and technology as are modern, necessary and sufficient for protecting and upholding the independence, sovereignty, national security, the institution of monarchy, national interests and the democratic regime of government with the King as Head of the State and for the development of the country.

Part 3 : Directive Principles of State Policies in relation to Administration of State Affairs[edit]

Section 78. The State shall pursue directive principles of State policies in relation to the Administration of the State Affairs, as follows:

(1) to carry out the administration of the State affairs in the direction of facilitating social and economic development and national security in a sustainable fashion, provided that the implementation of the self-sufficiency economy philosophy shall be promoted and prime regard shall be had to overall national interests;

(2) to organise the central, provincial and local administration to the effect of achieving boundaries, powers and duties and responsibilities that are clear and well suited to the national development, and enable a province to have a plan and a budget for its development in the interest of local residents;

(3) to carry out decentralisation under which local government organisations may attain self-dependence and self determination, to promote local government organisations’ participation in the implementation of directive principles of fundamental State policies, to develop the economy of the localities and public utilities as well as facilities systems and information infrastructure of the localities thoroughly and equally throughout the country, and also develop into a large-sized local government organisation a province which is ready for such purpose, having regard to the will of the people in that province;

(4) to develop the working system in the public sector with particular emphasis on the development of the quality, conscience and ethics of State officials in tandem with the improvement of patterns and methods of work in order to achieve efficiency of the administration of the State affairs, and to promote the application of the good governance principle amongst State agencies;

(5) to organise the bureaucracy and other affairs of the State to the effect that the provision and delivery of public services can be undertaken with rapidity, efficiency, transparency and accountability, having regard to public participation;

(6) to take action enabling law agencies which have legal duties to give opinions on the operation of the State and scrutinize the law-making of the State to perform their duties independently to ensure that the administration of State affairs shall be in compliance with the Rule of Law principle;

(7) to put in place a plan for political reform and to bring into existence an independent Political Reform Council for monitoring strict compliance with such plan;

(8) to take action enabling Government officials and State officials to receive appropriate fringe benefits.

Part 4 : Directive Principles of State Policies in relation to Religions, Social Affairs, Public Health, Education and Cultural Affairs[edit]

Section 79. The State shall provide patronage and protection to Buddhism, which is the religion long practised by the majority of the Thai people, and other religions and shall promote good understanding and harmony amongst followers of all religions and encourage the application of religious precepts for the purpose of fostering conscience and developing the quality of life.

Section 80. The State shall pursue directive principles of State policies in relation to Social Affairs, Public Health, Education and Cultural Affairs, as follows:

(1) to protect and develop children and the youth, encourage their up-keep and primary education, promote the equality between women and men, foster and develop solidarity of the institution of family and the community as well as provide aids and welfare to the elderly, the indigent, the disabled, persons of infirmity and persons suffering a state of difficulty to enable their better quality of life and self-dependence;

(2) to promote, support and develop the health system based upon the fostering of health that leads to a sustainable state of happiness of the people, provide and promote public health services that meet the standard thoroughly and efficiently, promote participation by private individuals and communities in the development of health and the provision of public health services, provided that persons who, under the duty to provide such services, have performed the duty in accordance with the professional standard and ethics, shall be protected;

(3) to develop the quality and standard of the provision of education at all levels and in all forms in harmony with economic and social changes, bring into existence the national educational plan and the law aimed at the development of national education, provide the development of the quality of teachers and educational personnel to ensure such advancement as to keep pace with changes in the world community and instill into learners awareness of Thai values, disciplines, concerns for public interests and adherence to the democratic regime of government with the King as Head of the State;

(4) to promote and support decentralisation in order to enable local government organisations, communities, religious organisations and private individuals to provide, and participate in the provision of, education with a view to developing the educational standard and quality comparable to and in line with directive principles of fundamental State policies;

(5) promote and support studies and research in various branches of sciences and disseminate information and results of the studies and research works undertaken under financial sponsorship from the State;

(6) promote and support fraternality and learning and implant attentiveness about and disseminate arts, culture and traditions and customs of the nation, including decent tastes and local knowledge.

Part 5 : Directive Principles of State Policies in relation to Legislation and the Administration of Justice[edit]

Section 81. The State shall pursue directive principles of State policies in relation to legislation and the administration of justice, as follows: (1) to ensure compliance with and enforcement of the law in a correct, speedy, fair and comprehensive manner, promote the provision of legal aids and dissemination of legal knowledge to the public, organise the bureaucracy and other affairs of the State in the sphere of the administration of justice to meet efficiency, whereby the public and professional organisations may have due participation in the administration of justice and the provision of legal aids to the public; (2) to protect rights and liberties of the people against violation by State officials and other persons, provided that the administration of justice shall be offered to all people on the basis of equality; (3) to bring into existence the law establishing an independent law reform agency to be in charge of the revision and development of law of the country, including the revision of laws in the implementation of the Constitution, provided that opinions of those affected from such laws shall also be heard; (4) to bring into existence the law establishing an independent justice-administration reform organisation to be in charge of revision and development of the operation of agencies concerned with the administration of justice; (5) support the operation of organisations in the private sector providing legal aids to the public, in particular to those affected by family violence.

Part 6 : Directive Principles of State Policies in relation to Foreign Affairs[edit]

Section 82. The State shall promote relations and cooperation with other countries and shall adhere to the equal treatment principle and comply with treaties related to human rights to which Thailand becomes a party as well as international obligations made with other countries and international organisations.

The State shall promote trade, investment and tourism with other countries and accord protection to and take care of interests of the Thai people in foreign countries.

Part 7 : Directive Principles of State Policies in relation to Economy[edit]

Section 83. The State shall promote and give support to the implementation of the self-sufficiency economy philosophy.

Section 84. The State shall pursue directive principles of State policies in relation to economy, as follows: (1) to promote a free and fair economy based upon market force and encourage sustainable economic development through repealing and refraining from enacting business-controlling laws and regulations which do not correspond to the economic necessity, and not to engage in an enterprise which is, in essence, in competition with the private sector unless it is necessary for the purpose of maintaining national security, safeguarding public interests or providing public utilities; (2) to promote the application of righteousness, ethics and good governance in tandem with the operation of business; (3) to ensure the application of fiscal and financial disciplines with a view to promoting economic and social stability and security of the country and revise taxation systems to achieve fairness and in conformity with changes in economic and social conditions; (4) to provide savings for the people and State officials for their living at the old age; (5) to oversee the operation of businesses and ensure their free and fair competition, prevent direct and indirect monopolies and protect consumers; (6) to ensure fair distribution of income, protect, promote and expand opportunities for businesses of the people with a view to economic development, promote and encourage the development of local knowledge and Thai wisdom for use in the production of goods, services and the handling of the occupation; (7) to promote jobs for the working-age population, protect child and woman labour, organise labour relations and the tripartite system under which employees may elect their representatives, organise the social security system and provide protection to the effect that employees doing the work of the same value should receive fair remuneration, fringe benefits and welfare without discrimination; (8) to protect and maintain interests of farmers in the production and marketing, promote agricultural products towards achieving highest prices and promote the association of farmers in the form of farmers’ councils for making planning on farming and preserving common interests of farmers; (9) to promote, support and protect co-operatives systems so as to achieve autonomy and do so with respect to the occupational or professional association as well as the association of people for undertaking economic affairs; (10) to provide basic public utilities necessary for the livelihood of the public in the interest of maintaining national security in the economic dimension and take action to prevent basic public utilities necessary for the livelihood of the public from being monopolised by private individuals in a manner likely to cause detrimental effects on the State; (11) any act causing a State-owned infrastructure or a basic network of basic public utilities necessary for the livelihood of the public or for national security to be owned by private individuals or to be owned in a proportion of less than fifty one percent shall not be permitted; (12) to promote and provide support to the maritime business, rail carriage as well as transportation logistics, both domestically and internationally; (13) to promote and provide support to private organisations in the economic sphere at national and local levels with a view to their strength; (14) to promote the agricultural-product processing industry to generate economic added values.

Part 8 : Directive Principles of State Policies in relation to Land, Natural Resources and the Environment[edit]

Section 85. The State shall pursue directive principles of State policies in relation to land, natural resources and the environment, as follows: (1) to prescribe rules on land use which cover areas throughout the country, having regard to the consistency with natural surroundings, whether land areas, water surfaces, ways of life of local residents, and the efficient preservation of natural resources, and prescribe standards for sustainable land use, provided that residents in areas affected by such rules on land use shall also have due participation in the decision-making; (2) to distribute land holding in a fair manner, enable farmers to have ownership or rights in land for farming purposes thoroughly through land reform or otherwise, and provide water resources for sufficient use of water by farmers in a manner suitable for farming; (3) to provide town and country planning and carry out the development and action in the implementation of town and country plans in an efficient and effective manner in the interest of sustainable preservation of natural resources; (4) to provide a plan for managing water resources and other natural resources systematically and in a manner generating public interests, provided that the public shall have due participation in the preservation, maintenance and exploitation of natural resources and biological diversity in a balanced fashion; (5) promote, maintain and protect the quality of natural resources in accordance with the sustainable development principle, control and eradiate polluted conditions affecting health, sanitary conditions, welfare and the quality of life of the public, provided that members of the public, local residents and local government organisations shall have due participation in determining the direction of such work.

Part 9 : Directive Principles of State Policies in relation to Science, Intellectual Property and Energy[edit]

Section 86. The State shall pursue directive principles of State policies in relation to science, intellectual property and energy, as follows: (1) to promote the development in various branches of science, technology and innovation by bringing into existence specific law for this purpose, providing budgets in support of studies and research, putting in place institutions dedicated to studies and development and putting forth the utilisation of results of studies and development, efficient transfers of technology and the appropriate development of personnel, and disseminate modern knowledge in science and technology as well as encourage the public to apply scientific principles to their livelihood; (2) to promote inventions or discoveries leading to new knowledge, preserve and develop local knowledge and Thai wisdom and protect intellectual property; (3) to promote and lend support to research and development and make use of alternative energy that is naturally acquired and advantageous to the environment in a continued and systematic manner.

Part 10 : Directive Principles of State Policies in relation to Public Participation[edit]

Section 87. The State shall pursue directive principles of State policies in relation to public participation, as follows: (1) to promote public participation in the determination of policies and plans for economic and social development at both national and local levels; (2) to promote and lend support to public participation in political decision-making, the planning of economic and social development and the provision of public services; (3) to promote and lend support to public participation in the scrutiny of the exercise of the State powers at all levels in the form of varying professional organisations or occupational groups or in other forms, (4) to promote political strength of the public, put forth the law establishing a civic fund for political development for assisting the operation of public activities of localities and lend support to the operation of civic groups forming networks in all forms in order for those groups to be able to express opinions and propose demands of localities in their areas; (5) to promote and provide to the public education on political development and the democratic regime of government with the King as Head of the State and promote honest and fair voting by the public at an election. Public participation under this section is founded upon the consideration of close proportion between men and women.