Regional Environmental Technical Assistance 5771
Poverty Reduction & Environmental Management in Remote Greater
Mekong Subregion (GMS) Watersheds Project (Phase I)

 

 

Non Government Organisations in Thailand:

A general overview with emphasis on North Eastern Thailand
Current status and potential for development cooperation
in the Greater Mekong Subregion

 

By

Mr. Colin McQuistan

Ms Saowalak Markphaengthong

Ms Jitkasem Permpatr

 

 

 

CONTENTS

1

Introduction

 

1.1

The Northeastern region

 

1.2

Geography

 

1.3

The future for the Northeast

 

1.4

Thai NGO Development strategies

 

2

History of Local Government Organisations

 

2.1

History of Non Government Organisations

 

2.2

History of International NGO’s

 

2.3

History of NGO’s in the Northeastern region

 

3

Legislation Regarding Local Government Administrative structure

 

3.1

Provincial Administration

 

3.2

District Administration

 

3.3

Tambon (Sub-District) Administration

 

3.4

Village

 

3.5

NGO Introduction

 

3.6

Registration Procedure

 

3.7

Tax and Fund Raising Issues

 

3.8

The National Cultural Act 1942

 

3.9

International NGOs in Thailand

 

4

Government Support and GO-NGO Relations

 

4.1

National Cultural Commission (NCC)

 

4.2

Department of Rural Development (DED)

 

4.3

The Department of Co-operatives Extension

 

4.4

Department of Environmental Quality Promotion (DEQP)

 

4.5

The Office of the Environment Fund

 

5

Co-ordination between NGOs

 

5.1

NGO-Co-ordination Committee on Rural Development (NGO-CORD)

 

5.2

The Thai Volunteer Service Foundation (TVS)

 

5.3

The Local Development Institute (LDI)/ Local Development Foundation (LDF) and Its Networks

 

6

Informal Networks

 

6.1

Environmental Protection and Conservation networks

 

6.2

Community Organisations(CO) and NGOs

 

7

References

 

 

 

1. INTRODUCTION

Thai society in the past three decades since the first national economic and social development plan (1960-1964) has experienced rapid economic growth. For example the GNP in 1961 compared to 1995 was 2,100 Baht and 68,000 Baht respectively, this indicates a 7.8 % increase per annum. Although this development achieves the objectives set for economic growth within the successive plans the focus is very much been upon Bangkok and the neighbouring provinces. The income per capita for Bangkok residents are much higher than for residents of any other region, especially the northeastern region where the average income per person is approximately 12 times lower. As a result of this development the last census indicates that Thailand now has a total population in excess of 60,817,000 people (1997) with 73.2% living in rural areas.

The output from these development plans has focused primarily upon infrastructure construction, provision of facilities and social services. For example the expansion of electricity in the urban and suburban areas now reaches 97.7% of residents. Drinking water reaches 75% and transportation between villages now connects 32% of residential areas from the smallest village to the largest town. To date the total length of surfaced roads reaches 210,025 kilometres. The population receives a basic education system which is enjoyed by 97.7%, and the average life expectancy has increased from 63 years in 1960 to 67.3 years today.

An additional, although less desired result of these development plans is that Thai society has become more materialistic. The gap between the rich and the poor has widened. Traditional morals, ethics, disciplines, social values, cultures and lifestyles, have gradually been eroded. Additionally a depletion of natural resources and basic natural environmental services have been consumed as production materials for this industrial development process. Forest area has been reduced in excess of 160,000 hectares per year. This development has emphasised upon the needs of cities. The plans have improved the quality of life for city dwellers but provided negative environmental impacts for the rural majority. Therefore this development has focused upon growth and ignored good management of natural resources and the environment to the detriment of facilitating sustainable development in the future.

In response to these problems the eighth National Economic and Social Development Plan (1997-2001), has emphasised human resource development. A universal objective of the plan being the promotion of public participation and co-operation with local organisations, including NGO’s, as indicated in the summary statement which states;

  1. Supporting people to participate in social, economic and quality of life development.
  2. Supporting the strength of communities for stable and sustainable development.
  3. Supporting NGO’s, the private sector, communities and the public to participate in the process of utilisation of natural resources and the environment.

 

1.1 The Northeastern region

The Northeast of Thailand comprises one third of the whole country and is subdivided into 19 provinces. From a cultural point of view, this region is one of the most interesting. However economically speaking it is the most problematic.

The population in 1996 exceeded 20 million people which constitutes 33% of the entire population. This region has the lowest average per capita income for the country. The soil used for agriculture is mostly sandy and generally poor, with rife deforestation worsening already poor environmental conditions. The region also suffers badly from droughts. Under these conditions the largely agricultural population cannot produce adequate foodstuffs, even for their own consumption. Debt and a high malnutrition rate for children characterise the present population. Today many people from the Northeast form the largest group of labour migrants who look for seasonal work in Bangkok and other developing cities, during the agriculturally inactive dry season. This factor combined with the economic downturn of 1997 and the poor agricultural productivity bodes ill for the sustainable development of this region in the future. The region whose present inhabitants are amongst the most accommodating and good-natured people in the kingdom.

Table 1: Basic Statistics for the Regions of Thailand.

Region

Central/West

East

South

North

Northeast

Area (km2)

67,398

36,502

70,715

169,644

168,854

Population

15,619,312

4,064,872

7,944,865

12,091,337

21,095,841

Forest (km2 )

16,288

7,591

12,455

73,886

21,265

Employees

7,710,800

3,740,400

4,063,400

6,216,600

11,430,700

Agriculture

1,225,700

1,179,600

2,237,400

3,542,500

8,551,900

Service sector

4,211,400

1,080,600

952,300

1,216,800

1,369,300

Industry sector

2,273,700

1,480,200

873,700

1,457,300

1,509,500

Gross Product (Thousand’s Baht)

1,279,442,024

198,668,418

185,868,637

251,059,540

245,953,511

Mean GDP

81,900

48,900

23,400

20,800

11,700

Mean annual temperature

27.8

27.8

23.5

21.4

26.6

Mean annual rainfall

1,233.2

1,670.8

2,486.7

1,431.6

1,353.1

 

1.2 Geography

The northeastern region is much less dramatic or wild when compared to the other regions of Thailand. It comprises a large plateau which is almost square; the Mekong river encircles the north and east. The region is further demarcated by the Phanom Dongrak range to the south which forms the border with Cambodia and the Phetchabun range to the west which separates the Northeast of Thailand from the central plains. This plateau contains two main river basins. The Sakhon Nakhon basin of the Songkhram river and the Korat basin with the rivers Chi and Moon, all of which ultimately flow east into the Mekong river. The entire plateau forms a saucer shape which gently slopes south eastwards from the highest points in the Phetchabun range at 1,000-1,600 meters to the riverbank of the Mekong at approximately 150 meters.

Politically the Northeastern region is bounded by Laos PDR to the north and east and by Cambodia to the south. Indeed the region was once claimed by both these kingdoms, a fact well recorded by the wealth of historic Laotian and especially Khmer remnants across the region. Present day inhabitants speak a northeastern Thai dialect which is similar to the Lao language in the northern area and Khmer in the south.

 

1.3 The future for the Northeast

The Northeastern region is the poorest region of Thailand in almost every respect except perhaps resident population. The Northeast is the hottest and driest region in Thailand with the poorest soils. This physical environment when combined with the current economic depression predicts a serious situation for the future of this region. With the economy effecting a return of seasonal labour to their villages in search of a livelihood a further depletion of already dwindling natural resources and increased social problems can be predicted for this region in the near future.

 

1.4 Thai NGO Development strategies

Thai NGOs adhere to the local development strategy model. throughout the last decade Thai NGOs have expressed their view that development must be people centred. In summary today there are five strategies for development;

  1. People Participation in development at the village level by organising a learning process between people and people, between community and community. It is an experience learning process when people have the opportunity to visit and study from each other and to examine future possibilities to apply to their own problems. This participatory process also strengthens the village unit, forging links between villagers to strengthen the sense of community, additionally the community leaders responsibility increases and their sense of belonging and providing for their friends increases. This process ultimately develops local community groups into local community organisations which become the focus for problem solving and assistance at the village/community level.
  2. Search for lessons and alternatives for social development together. Tai NGOs help search for alternatives for example the proposition of family orientated alternative agriculture for local markets instead of commercial orientated mono-cropping of export orientated crops. Thus the NGOs search for alternative to propose to the villagers directly via the process above.
  3. Participation in the process to inform the public and propose policies to the government. This relies upon organising meetings and seminars, the participation in the draft process to produce the National Economic and Social Development plans, and being members of various committees together with government counterparts. Strategy is focused upon the larger and more pro government NGO than the smaller more antagonistic organisations, but clearly indicates the broad base upon which the non government organisations are founded.
  4. Decentralisation of power to communities. This strategy aims to change government policies regarding the process of administration, promoting a move from central authority to devolution of power to local authorities and ultimately to local community units themselves. This strategy is born from past experience where centralisation of power often results in policies which are inappropriate at the local level in many cases. Decentralisation promotes giving people the right to self government, local management, equal access, transparency and information and the establishment of suitable local organisations. Democracy is only possible if local people participate actively in politics, and thereby influencing government policies related to local development.
  5. Creation of international allies. The principle that disadvantaged people from whatever society have lessons to learn from each other. Therefore by promoting exchange and unity assistance can arise from the mutual understanding. Thai NGOs have actively sought to develop an international alliance for NGOs. The first peoples forum 1991 and the peoples plan for the 21st century (Thailand) 1992 both involved international co-operation to identify possible solutions to universal problems being faced. they declared the intention to create trans-border networks from village, national, regional and global levels. The development of the Asia Pacific National Council for Sustainable Development (APNCSD) is another such organisation where NGOs and GOs from countries in the region meet annually to discuss progress on key development issues. Forestry and freshwater are identified as special key issues for the Asia/Pacific region.

 

2. HISTORY OF LOCAL GOVERNMENT ORGANISATIONS

Local government organisations are of two basic types, local state government and local self government. Local state government results from government policy implementation at the local level. This implementation process or decentralisation, started in the Ayudhya period. King Boromdrilokegannat (1448-1588) selected Ayudhya as the capital city, and designated all other cities within his kingdom. For the total area under his power; Districts, Sub-districts and Villages were designated as the administrative units. This local government system remained in place until the nineteenth century.

During the reign of King Rama V (1868-1910) revised the existing government units in order of size were;

  1. Region, this area was controlled by a hereditary holder the Viceroy who was designated directly by the king.
  2. Monton, (or Thesaphiban) was managed by a commissioner appointed by the king.
  3. Province or Cities were managed by governor’s who were civil servants.
  4. District, managed by the district chief who was also a civil servant.
  5. Sub-district, managed by the sub-district chief a civil servant.
  6. Village was under the authority of the village headman.

In the year of 1932 the absolute monarchy was overthrown and a constitutional monarchy was established, in the following year during a process of administrative restructuring the Monton administrative level was abolished. The above structure remained in use until 1956 when the local governments were organised into the present day system of province, district, sub-district and village with civil servants appointed respectively, Governor, District chief, Sub-district chief and Village headman.

Province is designated by central government for specific regions which reach specified criterion. The province is administered from the provincial office which is the office for the provincial Governor, who is a civil servant appointed by the Interior Ministry. The governor is supported by a deputy governor and supporting staff from the ministry of Interior. The governor works in collaboration with other government Ministries and departments which have separate offices in the provincial building. The head of each of these provincial offices is then designated as an advisor to the governor and sits on relevant working committees which are usually chaired by the governor or deputy governor. The operation of the province is governed directly by policy from the central government and government ministries. At present there are 76 provinces in Thailand.

Each province is separated into a number of districts, with the Nye Amphur or district chief being the senior government representative. The district chief is an Interior ministry official who is designated by the ministry usually for a term of three years. District chiefs rarely stay in the same district consecutively with much mobility present in this position. The district chief receives policy both from the central government and from the provincial office.

Each district is subdivided into a number of sub-districts which is made up of a number of villages. The sub-district is managed by the sub-district chief or Kamnan who is selected under the jurisdiction of the Executive Service Regulation of the Kingdom of Thailand Act 1914. He is responsible for management of the sub-district and receives policy from central government and the district offices directly. The sub-district public health officer is selected by the provincial governor, who has experience in public health but does not necessarily have to have studies medicine or public health. The assistant to the sub-district chief is selected by the sub-district chief in agreement with the district chief. The sub-district is administered by the sub-district committee which comprises the sub-district chief, the village headmen, the health official, Teachers and one representative from each village. This committee acts as the advisory body to the sub-district chief directly.

Village as the basic administrative unit in Thailand. the village has a village headman who is selected in agreement between the district and sub-district chiefs. The village headman selects directly two assistant village headmen. The village also has a village committee headed by the village headman, the two assistants and two villagers. This committee acts in an advisory role to the village headman.

The local self government is a relatively new introduction to Thailand’s administrative organisational structure. This structure is developed to allow the local people participation in the designation and operation of local government units. The devolution of local self government date from the time of King Rama V (1868-1910). In 1897 the first local government unit in Thailand was the Sukhaphibarn or Bangkok sanitary district. Although in its first phase this organisation was dominated totally by local government officials appointed by the interior ministry. This organisation was set up in the style of a colonial style government. Up until 1932 the 35 sanitary districts established in Thailand were set up, and under the control of government officials.

In 1933 the government which abolished the absolute monarchy in 1932 set up the municipal system. All 4,800 Tambons which existed at the time were planned to become municipal sub-districts in the next two decades. However due to low budgets and government tight control, by 1945 only 113 municipalities were formed. The Phibun government then returned to sanitary " colonial" style sanitary district in urban areas. This government also established the centrally controlled provincial administrative organisations in 1955.

The Provincial Administrative Organisation (PAO) is an organisation which is a self juristic entity, or an organisation having a legal status. The initiation of PAO was primarily for areas which had the characteristics of cities or large towns. The PAO structure was legislated by the Provincial Administration Act of 1955. The PAO has two sections the;

  1. Administrative section which has the governor as the executive officer and is supported by government officials form the provincial offices of government ministries and department. The administrative sections follows policy from the provincial council.
  2. Legislative section, is the provincial council and the members are elected and act as the advisory body to the governor.

Municipalities were first established in 1933 and are currently legislated under the Revolutionary decrees 336, 13th December 1972. The members of the municipal district council is elected by the local people. The municipal council members then designate the president of the council. Municipal councils occur in three basic types, City municipalities, Town Municipalities and sub-district or Tambon municipalities. The municipal council has two principal sections the legislative section and the administrative. The members of the legislative committee then select suitable local people as members for the administrative committee to implement the projects and the municipal action plan.

Sanitary district is the smallest urban administrative unit. The sanitary authority was established by the Sanitary Act of 1985. The sanitary council is managed by the district chief and a committee of people made up of the following; the district sheriff, sub-district chief and nine elected local people. This sanitary district has to be registered with the Ministry of the Interior.

Since the 1960’s Thailand has experienced a period of strong economic growth. Advances in education, infrastructure and health care have occurred, but with little comparable devolution or decentralisation occurring. Although the political development of the recent past has often been interrupted by military coups the local administrative levels show no indication of local government adjustment. The only significant change in local government nationwide was the direct election of the Bangkok metropolitan administrative governor since 1985.

The smallest organisation unit of administration in Thailand is the sub-district (Tambon) council. In 1994 all Tambon Councils were revised in The Tambon Council and Tambon Administrative Organisation Act. This legislation results in the Tambon Administrative Organisations (TAO) members being directly elected by the local people, with each village electing two representative to the council. The TAO is governed by this council which is chaired by the Sub-district chief, all the village headmen, the local public health official and the two elected members from each village in the sub-district. The council is responsible for local economic, social, cultural development and also the preservation of the local environment and conservation of local natural resources. The TAO also has an administrative section which is chaired by the sub-district chief, 2 village chiefs and four people selected from the TAO council members. During the first session of the TAO the sub-district chief is automatically the president of the administrative section, but, after the four year period the entire council is dissolved and a new council is elected. In this and subsequent councils the president of the administrative section is selected from the elected members.

 

2.1 History of Non Government Organisations

During the period after world war two, Thailand faced a similar threat as many other countries in the region. the government was concerned about the threat of communism especially since the Chinese revolution of 1949. Therefore successive Thai government s have focused policy upon national identity, to promote and conserve Thai cultural heritage and prevent the in of communist doctrine. Foundations and associations of the non profit sector were viewed as organisations to support cultural heritage or simply help humanity, but not to spread ideology. In the application form to register a foundation or association, the group must state that the foundation has no political objectives and will not be involved in political activities.

The civil and commercial code promulgated since 1925 included sections on foundations and associations. Sections 81-87 are concerned with foundations and sections 1274-1297 with associations. Details concerning registration, operation and termination of foundations and associations are described in the law. However the government found this law to be inefficient. Subsequent laws were enacted in order to control non government organisations more closely from various approaches.

The initial legislation was the National Cultural Act of 1942 which provided legislation for the establishment of Foundations and Associations. This legislation was the solitary legislation concerning peoples organisations until the Trade Association and Chamber of Commerce Act of 1966. In the years after World War II, Thailand adopted a capitalistic development policy, along with anti-Communist ideology. The initial Trade Association and Chamber of Commerce Act was promulgated in 1954 when the government realised that the co-ordination of commercial activities was necessary. These

 

2.2 History of International NGO’s

Overseas voluntary service assistance has played some role in Thailand’s development. Overseas volunteer agencies have taken part in the development of human resources, the basic factor in the process of development. Nonetheless, the advantages of having overseas volunteers work in a country depend upon the host country’s agencies. This is because the overseas volunteers who come from different cultures have their own limitations and useful qualifications. Whether their work can be advantageous depends upon the volunteers themselves, as well as the host country’s agencies and other agencies that support the volunteers’ work.

During its "developing stages", Thailand also invited foreign assistance. After 1960, when military leaders took over from the conservative, nationalistic Phibun regime, a pro-foreigner policy became quite obvious. Prime Minister General Sarit Thanarat was known for his pro-American stance as well as his lenient attitude towards the ethnic Chinese in Thailand. Government policies related to non-profit sector therefore became more supportive and less regulatory.

2.2.1 Volunteers

Thailand has received foreign volunteers since 1961. The first overseas volunteer agency in Thailand was the British Voluntary Service Overseas. It sent its first volunteers in 1961, followed by the United States Peace Corps in 1962, the New Zealand Volunteer Service Abroad in 1963, the German Volunteer Service and the Canadian University Service Overseas in 1966, and the Japan Overseas Co-operation Volunteers in 1981 (Pitsamai Khanobdi, 1984).

Assistance during the first decade was mainly in the field of education. The overseas volunteers helped teach English in secondary schools, teacher training colleges, and universities. In addition, they assisted in public health projects such as malaria eradication and medical technology. In the area of community and rural development, the overseas volunteers worked on projects under the Community Development Department and the Public Welfare Department.

Assistance from the 1970s up to now has been more project-oriented. The requests for overseas volunteers by the recipient agencies are related to specific projects. Such practices are advantageous to the donor volunteer agencies because they make recruiting volunteers easier. Also, site checks for considering requests are performed more easily. Furthermore, it facilitates site visits and the management of volunteer training prior to the volunteers’ field-work.

Since the 1970s, the volunteer agencies have emphasised volunteer readiness by providing pre-service training in Thai language and culture, as well as the objectives of the assigned projects. In-service training to increase the language and work skills of the volunteers has also been provided.

Overseas voluntary service assistance (in terms of number of volunteers) has diminished during the past two decades in the field of education but has increased in the field of rural development. During the same period, there has been another form of assistance, namely, financial assistance to support various rural development projects. Besides assistance in the form of volunteers, the overseas volunteer agencies have also provided financial and material assistance to support the volunteers’ work.

2.2.2 Donors

It is difficult to cover all donors providing support to non-government organisations. However, for simplicity, they may be classified as: (1) international organisations; (2) foreign governments providing funds for development activities through bilateral agreements; and (3) other non-government funding sources.

2.2.3 International Organisations

UNICEF, UNESCO, UNIFEM, WHO, and UNFPA are some of the international organisations supporting the activities of NGOs. Some are sectoral while others focus on specific target groups. These organisations have especially supported activities related to children and women. UNICEF was instrumental in implementing many of the activities for women and children at the grassroots level. UNESCO supports workshops and seminars more than action projects. UNIFEM has become more active in the Asian Region and set up and office at ESCAP a few years ago. Support for action research related to women is increasing. WHO and UNFPA support health-related and family planning projects more than other activities. UNDP and UNEP are very active in the environmental issues. Projects supported include reforestation, information dissemination, pollution control, etc.

2.2.4 Bilateral funds

In Thailand, bilateral funds have to go through the Department of Technical and Economic Co-operation (DTEC). Because of this requirement, non-profit organisations usually do not seek funds which are bilateral because it will require extra efforts to have the projects approved in terms of activities and amount of financial support for each category of activities. If the donor countries are determined to provide support for non-profit organisations bilaterally, they have to negotiate to set up a special mechanism to manage the funds. The Canadian government made arrangements to set up a Local Development Assistance Project (LDAP) in the 1980s which later became the Local Development Institute (LDI) in the 1990s.

2.2.5 Non-government funds

There are several International non-government organisations who provide support to the non-profit sector in Thailand. A number of such organisations from Germany have offices in Thailand, including The Frederic Nauman Foundation, the Frederic Ebert Foundation, the Konrad Adenauer Foundation and Terre des Hommes. They operate separately from each other and provide financial support to projects that fit well with their ideological interests, which include rural development, labour-related issues, and political structure or administrative issues.

The Ford Foundation, the Asia Foundation, CARE International, Save the Children Fund, OXFAM, CCF, PLAN and other organisations based in the United States and/or United Kingdom have also set up offices in Thailand.

International or multinational NGOs many of whom are church-based, also provide funds for NGO activities by either carrying out the activities themselves or by supporting smaller NGOs in their grassroots activities.

2.2.6 Some recent trends

Despite friendly attitudes towards foreign volunteers, it is undeniable that in the late 1970s and early 1980s part of the tension between government and non-government organisations was caused by suspicious feelings. Many government agencies were concerned that many liberal non-profit organisations were being penetrated by foreign funders. Labour movements and advocacy activities were viewed as being initiated and financially supported from outside Thailand.

The anti-foreigner attitude mentioned above was most apparent in the 1970s, when the fear of communist ideology was still prominent. Anxiety concerning Russian penetration through scholarship awards, communist ideology in the labour movement, and Buddhism being supplanted by Christianity or other religious ideologies was expressed in newspaper articles during the period.

Because of such fears, the Department of Technical and Economic Corporation (DTEC) of the Ministry of foreign Affairs took a closer look at bilateral and international funding. Visa applications were reviewed and scrutinised carefully. Rules and regulations were tightened up. The fear lasted for about a decade and in the late 1980s the government eased it scrutiny of bilateral and international funding. At the end of the decade, the government had initiated a policy to promote internationalisation and tourism, making foreigners more welcome.

 

2.3 History of NGO’s in the Northeastern region

The development of NGO’s in the northeastern region had paralleled development in other regions up to the period of the Khmer rouge ascendancy in Cambodia. The period 1977-1984, was the period of initiation of international relief agencies operating in the border zone area for Cambodian refugees. In 1979 the intensification of relief agencies in the border region regarding humanitarian relief to refugees from the conflicts in Cambodia. By 1982, nine relief NGO’s combined to initiate the " Development of the Thai/Cambodian border region project." This project initially received financial assistance from the Canadian government, later other development funders provided assistance. Following from this project and the regional interest in the work of the relief NGO’s an interest in development of this region arose. This interest translated into the establishment of genuine Esan orientated NGO’s. Resulting from their work and gradual accumulation of experience, four development focus areas arose;

  1. Political and economic development idea, some groups believed that for rural development to occur the community must develop economic and political awareness.
  2. Traditional community idea, others believed that traditional practices could be utilised as tools for the development process.
  3. Alternative development idea, for community development to occur economic, political and social factors must be integrated.
  4. Public health idea, this group believed that development must focus upon primary health care provision and once established communities will development themselves.

These four ideas, directed the development work of northeastern NGO’s and resulted in a proliferation of organisations in the region. With this rapid increase in the number of NGO’s an additional factor for consideration arose, the development of organised co-operation.

In 1984 the Local Development Assistance Program (LDAP) was established to promote the formation of small locally based development organisations by providing funds. One year later in 1985 the NGO Co-ordinating Committee on Rural Development (NGO-CORD), Northeastern region was established. This network initially included 35 NGO’s with a focus upon the provinces of Surin and Khon Kaen. Almost all of the members of this network relied upon funding from foreign donors; notably, CIDA, NOIB, CEBEMO, TERRE DES HOMME, MISEROR. This resulted in a second proliferation of local NGO’s with NGO-CORD acting as advisor to introduce local groups to the LDAP funding process. The NGO-CORD organises a co-ordinating meeting each year for NGO’s in the region.

Following this period NGO’s have arisen in the region in response to particular situations. For example, the establishment of the forest policy of 1981 which specified objectives for forest cover of 40% of the country. This legislation enabled commercial companies to rent national reserved forest areas to establish fast growing tree plantations. This situation raised national awareness to the plight of local communities, when faced with inappropriate government policy actions. In 1986 the Community forestry project was initiated, which was the first small scale organisation in the Northeast which focused activities upon environmental conservation. Between the years 1990-1992 the government introduced a land reform scheme to declassify national reserve forest areas which had become degraded. If this degraded forest area was deemed as suitable for agriculture it could be reclassified and provided to poor landless farmers. Additional issues such as the pollution of the Phong River in Khon Kaen and the Pak Moon dam construction project all assisted to raise local, regional and national awareness and were contributing factors to the formation of local NGO’s to combat these problems. For example the Development and ecology recovery project of the Phong River watershed, the Moon river rural farmers development network, the Development and conservation of the Prom river project and Khok Yai community forestry project.

In the Northeast today there are approximately 10 small scale and numerous medium and large scale NGO’s concerned with local communities and environmental problems. For example there are now 42 organisations working with communities for the promotion and development of community forestry in the region.

 

3. LEGISLATION REGARDING LOCAL GOVERNMENT ADMINISTRATIVE STRUCTURE

3.1 Provincial Administration

This is the largest administrative structure for local administration. This provincial administrative organisation is legislated by The Executive Service Regulation of the Kingdom of Thailand Act 1914, which states;

  1. Existing provinces must have total areas of 10,000 km2 or larger or be of sufficient size to require local government of the provincial nature; for example remote areas with difficult access to existing provincial government.
  2. For the establishment of a new province the area must be in excess of 7,000 km2
  3. The population must be above 400,000 people.
  4. The administrative area must include at least 2 separate districts.
  5. The area must produce a local GNP in excess of 2,500,000 Baht per year.

These provincial administrations was headed by a governor in association with the respective heads of the represented government ministries at the provincial level. This management structure was appointed by central government thus the devolution was a devolution of central government power into the provinces. Due to concerns regarding provincial administrative authority ability to manage their province there have been numerous attempts to revise and devolve power to the residents of the province.

In 1955, The Provincial Administration Act was passed, this legislation upgraded all provincial administrations to Provincial Administrative Organisations (PAO). The PAO structure was organised into sections related to function and responsibility. All PAOs since established have an administrative section and a legislative section as the two fundamental sections of the PAO. The legislative section members are elected to office by the resident population of the province, and result in between 18 in the smallest province to 36 members in the largest provinces. The administrative section comprised government officials with the provincial governor being the administrative section’s leader. The administrative section under the authority of the governor has ultimate responsibility for translating government policy and legislation into provincial action plans.

This basic provincial structure has been revised and developed by numerous government policy changes and legislation. Today there are 75 provinces plus the Bangkok Metropolitan Authority.

 

3.2 District Administration

This is the second level local administrative structure. And comprises two specific levels. Firstly the Minor District (King Amphur) is a prototype structure and is designated before full District (Amphur) status is designated for minor district status to be initiated the requirements is legislated by The Executive Service Regulation of the Kingdom of Thailand Act 1914, which established the minor district administrative unit as follows;

  1. Each district must comprise no fewer than three sub-districts.
  2. The population must exceed 10,000 people.
  3. The district capital must be separated from neighbouring district centres by more than approximately 25 kilometres, and have comparable communications structures.
  4. If the district does not fulfil the three above criteria correctly there must be outstanding circumstances for the district to be thus designated. For example the designation of districts in the border areas with neighbouring countries, do not have to comply with the district criterion exactly.

If a minor district is created and is deemed appropriate for administration of the area then the area can be upgraded to full district status upon achieving the following criterion;

  1. The area has been a minor district for minimum of 2 years.
  2. The population of the area exceeds 20,000 people.
  3. The Tax revenue for the area exceeds 100,000 Baht per year.
  4. The area is serviced by a market and has appropriate infrastructure and associated services.
  5. The district office is constructed and functional.
  6. If certain of the above criterion are not achieved then the minor district can be upgraded to a full district of there are special circumstances for this upgrade.

The district structure was subsequently revised in 1978 by the legislation contained in the Regulation of the Ministry of the Interior 1978. This act specifies that the district chief is the head of the district administration authority. The district chief is supported and assisted in administration by the district level representatives of government ministries. This staff compliment are divided in to certain work areas, with the head of the development and occupational extension officer. Who has influence and results at the village level, for example the initiation and administration of village level groups, co-operative associations, occupational associations and other community organisations.

3.2.1 Municipalities

The municipal authority was established by the municipality Act of 1933. This act has been revised on numerous occasions until today when the legislation for establishing a municipality is the revolutionary decree, number 336, 13th December 1972 which specifies municipalities of three types;

  1. Sub-district municipality, requires an area that has the appearance of a town, with a population living in close proximity and a GDP which is adequate to support a municipal council. Such areas can be registered as a sub-district municipality with the Ministry of the Interior.
  2. Town Municipality, refers to the urban area surrounding the provincial administrative building the Provincial hall or a population in excess of 10,000 people living in an urban situation with more than 3,000 people per Km2 and a local GDP sufficient to administer the area.
  3. City municipality, refers to an urban area with a population in excess of 50,000 people living in an urban situation with more than 3,000 people per Km2 and a local GDP sufficient to administer the area.

The municipal organisation has two principal sections the legislative section and the administrative section. The members of these the legislative sections are elected by the local population with 12,18 and 24 members elected depending upon status as Sub-district, Town or City respectively. The members of the legislative committee then select the members for the administrative committee to implement the projects and the municipal action plan.

3.2.2 Sanitary

The sanitary authority was established by the Sanitary Act of 1985. To establish a sanitary district requires a local GDP in excess of 4000,000 Baht or constitutes the urban town area surrounding the district level office. This area should be between 1 to 4 square kilometres with a population of 1,500 people, and a shopping infrastructure in excess of 100 registered businesses. This sanitary district has to be registered with the Ministry of the Interior. The sanitary council is managed by the district chief and a committee of people made up of the following; the district sheriff, sub-district chief and nine elected local people.

 

3.3 Tambon (Sub-District) Administration

This is the lowest level local administrative structure. The district administrative organisation is legislated by The Executive Service Regulation of the Kingdom of Thailand Act 1914 this regulates district administration as follows;

  1. The sub-district must comprise more than ten villages and a resident population in excess of 2,000 people.
  2. The area must be easily administered by the sub-district chief.
  3. The designation of the sub-district must be marked by natural boundaries for example; roads, rivers , etc.
  4. The sub-district must generate sufficient local GDP to support administration.
  5. If an area desires to form a new sub-district it must qualify all the above criterion.

The Tambon council act was revised by the Ordinance of the Ministry of the Interior 222/2499, 8th March 1956, which initiated an organisation structure which was administered locally and by the provincial administration and the PAO. The Tambon councils thus formed were a non-juristic entity and thus had no independent legal status. The resulting council had two sections the Tambon committee was responsible for administration and the Tambon council had an advisory role to the Tambon committee. The Tambon council members were elected to their positions with two representatives being selected for each village. The Tambon council was made up of local government officials including the sub-district chief and the village headmen. In 1966 the Tambon committee was dissolved with the responsibilities being transferred to the Tambon Council. In 1972 the Tambon Council was further revised by Revolutionary decree 326; 13th December 1972. This decree specified the members of the Tambon Council consists of;

  1. Committee members; constituted of the Sub-district chief, Village headmen and the local Public health official.
  2. Elected members; One member selected from each village.

In 1994 all Tambon Councils and Tambon Administrative Organisations were combined in The Tambon council and Tambon Administrative Organisation Act. With the first Tambon Administrative Organisation (TAO) being established in 1995. Currently there are 6,397 Tambon councils and 568 Tambon councils nationwide. Under the act a Tambon with an average income of 150,000 Baht per year for three consecutive years is entitled to become a TAO. The TAO is governed by the TAO council which is composed of the Sub-district chief, all village headmen, the local public health official and the two elected members from each village in the sub-district. The council is responsible for the areas economic, social, cultural development and also the preservation of the local environment and conservation of local natural resources. The TAO also has an administrative section which is chaired by the sub-district chief, 2 village chiefs and four people selected from the TAO council members.

 

3.4 Village

This is the smallest community unit. The designation of a village is legislated by The Executive Service Regulation of the Kingdom of Thailand Act 1914 this regulates villages as;

  1. Existing villages must have more than 400 resident villagers before they can be divided into the existing village and a new village.
  2. If the existing village has more than 400 people but the village headman can comfortable care for the enlarged population there is no requirement for designation of a new village.

The village is managed by the village headman, two assistant village headmen and the village committee. The village committee is responsible for development of the village community.

3.4.1 The Village committee

This is the basic working structure at the village level. This committee is legislated by The Executive Service Regulation of the Kingdom of Thailand Act 1914. The village headman is chairman of the village committee with the committee separated into two subcommittees the first concerning village defence and the second for village management. Each member of the village committee is nominated by at least two villagers. The village committee acts as the advisory board to assist the village headman in his routine work. The village committee is subdivided into sections related to work areas. The village development and occupational extension section, is responsible for developing village plans and related projects to; develop the village, villager’s occupations and assist the formation of occupational associations. The work of this section focuses upon the formation of villager groups which usually include; Savings fund group, Agriculturists group, Women’s group and Youth group etc.

3.4.2 Savings fund

To facilitate village development and occupational extension activities in the village, funding support is required. thus the savings fund is often seen as a way of facilitating collaborative assistance between farmers in the same village, who wish to establish a particular activity. Savings fund development requires confidence and trust and this aspect led to the establishment of legislation which requires the group to register their activity. The legislation concerning registration is The Co-operative (No. 2) Act 1981, which specifies that the group must consist of at least 10 members. This group applies to the district co-operatives office or the provincial co-operatives office, which will assist the group and provide advice, regarding savings fund operation and administration.

3.4.3 Agriculturists, Women’s, Youth and Other Groups

Village development requires the participation of many villagers together therefore the idea of village group if promoted to facilitate villager to villager collaboration. This approach is more practical than working with individual villagers. The promotion of such groups comes from a number of administrative levels but is usually dependent upon, provincial, District or Sub-district plans and/or policy. This policy promotion has resulted in almost every village in Thailand having at least one such group, this has resulted in many functional group but also resulted in many groups existing in name alone, with no management and importantly having no activities within the village. Recent legislation changes have enabled such groups to register under The Co-operative (No. 2) Act 1981, which specifies that the group must consist of at least 10 members.

The group applies to the district co-operatives office or the provincial co-operatives office, which will assist the group and provide advice regarding operation and administration. For groups which do not upgrade to co-operatives status they can continue with their activity but will no longer be able to operate in a tax free status and will not be able to access government assistance as easily as previously.

Special note

Due to the economic downturn experienced in Thailand in July 1997 in a cost a saving exercise the Interior Ministry released a memo to halt further expansion and upgrading of local administrative units. This was cited as a money saving exercise and is only a temporary measure until the economy recovers.

 

3.5 NGO Introduction

Non-profit Organisations are governed by the civil code, a body of law on the European Roman law system (Vitit Muntarbhorn, 1991). The code, technically known as the Civil and Commercial Code, specifies the legal purposes and method of governance for non-profit organisations. Only two such entities are legally recognised and registered by the Thai government: associations and foundations. Other terms exist, such as councils and leagues, but to acquire legal status they must register under one of the two legally acceptable terms. Unregistered organisations, including development and religious groups, may or may not be recognised by the government, but do relate to Thailand's non-profit sector, either as component or borderline entities.

3.5.1 Associations

In general, associations are governed by the Civil and Commercial Code, Sections 78-109 (1992 Revision). Section 78 of the Civil Code holds that "(a) contract of association is a contract whereby several persons agree to unite for a common undertaking other than that of sharing profits. Every association must have regulations and must be registered." There are three different types of associations: commercial/trade/employer associations, cremation associations, and general non-profit associations.

Commercial/trade/employer associations include organisations whose membership consists of commercial enterprises or individuals within commercial enterprises, but whose objectives are not profit-sharing. Example include import-export groups and commodity sales groups. They differ from other organisations in that they operate for the interest of members rather than for public. Chambers of Commerce also fall into this category.

Cremation associations are viewed as welfare organisations, attending to the basic needs of people in matters of death and cremation. Joining a cremation association is one way to assure that the death rituals are followed correctly. Cremation associations may also be attached to the Bank of Agricultural Co-operatives. These groups were established as an organising mechanism in rural areas, where the Bank conducted extensive services. In some cases, the Bank itself agreed to incorporate cremation associations as part of its normal business activities -- a strategy to attract rural customers.

General non-profit associations include all associations whose objectives do not fall under the other categories. Usually, general non-profit associations pursue cultural and social activities.

3.5.2 Foundations

Foundations are governed by the Civil and Commercial Code in Sections 110-136 (1992 Version). Section 110 defines foundations as consisting of property appropriated for charitable, religious, scientific, literary or other purposes. Traditionally, foundations are established in honour of distinguished Thai citizens to provide welfare and relief assistance to the indigenous populations, as well as promote education, culture and preservation of the cultural heritage. More recently, foundations are being established for environmental protection and economic development as well. Foundations derive their revenues primarily from donations and/or fund raising drives. They are prohibited from engaging in profit-making activities.

3.5.3 Unregistered Organisations

In addition to the two types of organisations mentioned above, unregistered non-profit groups can be organised for specific purposes but do not retain legal standing. Such organisations are known as project or working groups, units, and forums. They tend to be small, and are dedicated in public welfare, community development, and campaign advocacy issues such as human rights, the environment and cultural promotion. They may, on occasion, combine under umbrella councils or co-ordinating communities.

In general, unregistered associations operate the same way as registered associations, except they need not report to any authority. Many developmental groups prefer not to register in order to avoid reporting requirements. Although all non-profit organisations are required to register, the National Cultural Commission, who registers associations and foundations, has neither the authority nor the manpower to monitor unregistered group. Thus, it cannot initiate any actions against those who do not register. At the moment there are not sufficient incentives to encourage groups to register. In the future when government funds for non-profit sector are made available in large enough amounts, and if the government requires that recipients must be registered organisations, many of the groups will register to qualify for funds.

 

3.6 Registration Procedure

Non-profit associations were first ordered to register with the government under the National Cultural Act of 1942. According to the Act, the National Cultural Commission of the Ministry of Education is responsible for examining the objectives and monitoring activities of foundations and associations. However, the actual registration is under the responsibility of the Ministry of the Interior, i.e., the Police Department and the Department of Local Administration. The basic registration procedures for most associations and foundations are laid out in the relevant sections of the Civil and Commercial Code.

3.6.1 Associations

General non-profit associations, established for cultural and social purposes, must register with the National Cultural Commission in Bangkok, or the provincial governor's office in other provinces. In the past, an applicant had to specify that it would not engage in political activities on the original application form or the authorities would not allow the association to register. In 1992, the authorities revised the phrase to refer to activities seen as a threat to national security. The following information must be included in the registration: (1) name of association: (2) objectives; (3) office location; (4) membership requirements; (5) fees; (6) details on election of board members (term, number, meeting); (7) management account system, capital and assets; and (8) requirement for general annual meeting. By definition, all associations must have memberships, and their boards of directors must be elected from among that membership. They must hold at least one annual meeting to which all members are invited. Furthermore, the agenda for this meeting must include an election for the board, presentation of an annual report, an annual budget, and a statement of expenditures certified by a qualified account (which must later be submitted to the National Cultural Commission). Internal regulations must be clearly identified and must include organisational objectives, membership qualifications, fees and bylaws pertaining to the association's activities, such as board electoral procedures.

Commercial associations are registered with the Department of Internal Trade, Ministry of Commerce, or with provincial governors outside of Bangkok. Since these commercial associations differ from philanthropic and social welfare associations, they are registered under the Trade Association Act and Chamber of Commerce Act of 1966, not under the Civil and Commercial Code. Commercial associations are obligated to report income and expenditures annually too the trade associations registrar, and to file minutes of annual meetings. The registration requirements for commercial associations are the same as for non-profit associations. However, the objectives may include provisions for consulting and information services to members.

Cremation associations are registered with the Department of Public Welfare, previously at the Ministry of Interior and now at the Ministry of Labour and Social Welfare. The Cremation Welfare Act 1974 gives the Department of Public Welfare the authority to oversee activities of cremation associations throughout the country. To register, an association must have the objective of assisting with the cremation of the bodies of decreased members. No other activities are allowed.

3.6.2 Foundations

The establishment of foundations is similar to the registration of associations. Applications must be submitted to the National Cultural Commission in Bangkok, or to the provincial governors' offices which forward them to the National Cultural Commission. Following the initiate approval of an organisation’s registration, the founders must secure clearance and approval of certain documents from either the provincial governors' office or the Police Department in Bangkok. This is in order to make the foundation a legal entity. These documents must include a profile of the foundation, its objectives, location and other data. As it the case with associations, in the application for registration (before the 1992 revision), the foundation must maintain at least 100,000 baht in cash and 100,000 baht in assets. Foundations who do not want to prove that their activities concern the public interest must maintain at least 500,000 baht in assets.

After registering, foundations must submit the minutes of their board meeting and personal biographies of their directors. The qualifications of director and manager, meeting schedules, and annual reports are also subject to government regulations. They must be a governing board of foundation responsible for carrying out activities of the foundation accordance with its specified objectives. The foundation must notify the authorities if there are changes in the board membership. The board may ask for permission to revise the objectives of the foundation if necessary. Qualified accountant must certify the foundation's accounting system.

 

3.7 Tax and Fund Raising Issues

In general, foundations and associations do not pay income tax for membership fees, donations, and interest income. To qualify for tax exempt status, an organisation must be a registered association or foundation. In addition, the organisation must have been in existence for more than three years, and its books must be endorsed by a certified accountant during the period. Salaries paid to employees are not tax exempt. If tax exempt status is granted, income from rent and sales of goods may also be exempted if the income is used for public objectives.

Donations by individuals to registered foundations are tax deductible if the foundations have official tax exempt status. The amount deductible cannot exceed 10 percent of an individual's earning. For corporations, donations are tax deductible only when made to the qualified organisations that have been in existence for at least three years. Corporations can deduct two percent of their income based on donations for education and sports activities. The Fund Raising Control Act prohibits the exchange of money for goods or for services at specified rates. It also prohibits fund raiding which will threaten national security or the morals of society. Fund raising activities must have approval from Fund Raising Committee of the government.

 

3.8 The National Cultural Act 1942

In 1942-1943 the National Cultural Act was promulgated, stating that the National Cultural Commission of the Ministry of Education be responsible for examining the objectives and monitoring activities of foundations and associations. However, actual registration is the responsibility of the Ministry of Interior, under the Police Department and the Department of Local Administration.

  1. Trade Association and Chamber of Commerce Act 1966. After World War II and after Thailand adopted a capitalistic "development policy" along with an anti-Communist ideology, the government decided to promote a control commercial activities. As has been mentioned already, the Chinese who were involved in different trades organised non-profit organisations based on speech group and clan associations to establish networks among themselves. An earlier Trade Association and Chamber of Commerce Act was promulgated in 1954 after the government realised that co-ordination of commercial activities was necessary. Formerly all associations were registered according to the Civil and Commercial Code. But since the nature of commercial associations differ somewhat from philanthropic and social welfare associations, the government promulgated the Trade Association Act and the Chamber of Commerce Act.
  2. All trade associations are required to register either with the Development of Internal Trade in Bangkok or with provincial governors outside of Bangkok. Income and expenditure must be trade association register. Chambers of Commerce are considered one form of trade associations where corporate firms join together under the umbrella of the chamber, based on the location of the corporate firms.

    2.) Cremation Welfare Act 1974. The need for local welfare activities was strongly felt, and cremation associations were formed at the village and district levels throughout the country. During 1960-1974, when Thailand was under military rule, the government was fighting communism and government projects included development of infrastructure facilities such as roads, dams schools, health centres, etc. Social welfare were not introduced sufficiently and the social welfare support were seen most clearly in the formation of cremation associations, in which members of the associations at the village level pay for cremation cost other members who died. This arrangement is to guarantee that when one dies, the body will be taken care of properly by members of the association. But because of fear of communist infiltration into the associations, the Cremation Welfare Act was promulgated in 1974 to give the Department of Public Welfare the authority to oversee activities of cremation associations throughout the country.

    3.) The Labour Relations Act 1975. The Labour Relations Act 1975 must be considered the first Labour Law of Thailand. Before that there were 3 Revolutionary Laws related to labour drawn up by military dictatorships that ruled Thailand under Revolutionary Decrees and Laws. Labour Law No. 3 or Revolutionary Laws 103 was a revision of the earlier two laws and was promulgated in 1972. The Labour Relations Act 1975 came out during a "democratic" government following the 1973 student-led coup d tat. The law states that labour unions and employers' associations are established and must register at the Department of Labour. Federations of labour unions and federations of employer associations may also be established under this law.

    Summary of Types of NGOs Allowed under Thai Government Regulations

    Type

    Registrar

    Law

    Foundation

    Ministry of Interior and the National Cultural Commission

    Civil and Commercial Code Section 81-97.

    National Cultural Act 1942.

    Association

    Director-General of the Department of Police and the National Cultural 1942 Commission

    Civil and Commercial Code Section 1247-1297.

    National Cultural Act 1942.

    Trade

    Director-General of the Association Department of Interior

    Commercial Association Trade Act 1966

    Cremation Association

    Director-General of the Department of Public Welfare

    Cremation Welfare Act 1974.

    Labour Union

    Ministry of Interior, Department of Labour

    Labour Relations Act 1975

     

    3.9 International NGOs in Thailand

    Concerning international NGOs which wish to work in Thailand they must first receive permission from the International NGO evaluation committee. This committee is regulated by the Ministry of the Interior regulation International NGO’s in Thailand 1987 which was subsequently revised in 1992. This committee works in collaboration with many government ministries, and hence the committee members come from these ministries. The office and secretariat is within the department of employment, Ministry of Interior. In 1993 a restructuring exercise of the Thai government system took place and the department of employment was relocated to within the ministry of Labour and social welfare. Therefore the regulation for the committee was revised with policy derived from the ministry of labour and social welfare. Therefore the regulation of the ministry of labour and social welfare concerning international NGO was completed in the middle of 1998. This regulation took five years to be put into force. This regulation specifies criterion which governs international NGO which are permitted to work in Thailand; these are;

  3. Must be non profit making and have no political affiliations
  4. Their objectives must assist the general population, or local NGOs or government agencies.

The objectives of the organisation must be acceptable with the government policies for social development and national security. Or the objectives of this organisation must not oppose any government policies.

The work of International NGOs in Thailand is varied and therefore the requirements and regulations which control their work are numerous and varied they range from NGOs who wish to establish and office and base in Thailand, to NGO who just wish to organise a seminar or meeting in Thailand. depending upon their participation in Thailand the regulations they must follow include;

1. International NGO who wish to establish an office in Thailand;

The NGO must submit their written objectives of the organisation, policy, projects or programs, the names of the executive board, their funding income and source of funding and a supporting statement from the parent organisation, their embassy or consulate. If the International NGO is established in Thailand informally they require a letter of support from their respective embassy or consulate, and a letter of support from the parent organisation.

2. International NGO not working directly in Thailand but supporting work here via funding;

Objectives of this funding, activities the funding will support, Document stating this organisation is an International NGO form their embassy or consul, and details of the project to which funding will be provided.

3. International NGO who wish to organise a seminar in Thailand;

Objectives of the seminar, names of the presenters and participants in the meeting, topic of the seminar and Agenda.

4. International NGO who wish to provide funding support for a seminar or meeting in Thailand, organised by another organisation;

The organisation must request permission for the seminar at least thirty days before the seminar clearly stating the funding organisation.

The International NGO receive permission for a period of two years to undertake their activities, and there is no requirement to be linked to a Thai organisation. But must follow the application agreement, the procedures specified by the committee, and within the laws of Thailand. The International NGO must also evaluate the project and programme and submit a report detailing their progress every six month period. If the International NGO does not follow the agreement, the committee can request their revision within a specified period. If the international NGO does not revise their activity in line with the committees recommendations the committee can cancel specified activities or terminate the entire programme.

Today there are 27 international NGOs working in Thailand. These international NGOs can apply to become a foundation or association if they so wish, but they must specify a Thai citizen or organisation to be their representative to support this application. The number of international NGOs working in Thailand mainly reports organisations who have established an office here in Thailand, the majority of international NGOs that organise seminars or training courses tend to organise these in the name of a Thai counterpart agency as the procedure is relatively simple. In reality this should be undertaken via the above mentioned procedure but in practice this rarely happens as reported in the records held for international NGO activities in Thailand.

 

4. GOVERNMENT SUPPORT AND GO-NGO RELATIONS

Co-operation between the government and the non-profit sector was recorded for the first time in 1960. The Department of Public Welfare in the Ministry of Interior and a group of NGOs conceived and initiated a move towards better co-ordination between GOs and NGOs in delivering philanthropic and welfare services to the people, as well as in providing a co-ordination centre for such services. As a result, the National of Social Welfare of Thailand was established in 1960. Government support included securing both the infrastructure and the funding. The Council presently continues to receive financial support annually. Currently, there are approximately 600 member organisations. It must be noted here that early GO-NGO co-operation was not viewed positively by all parties, Members of the National Council of Social Welfare have been labelled as pro-government NGOs whose activities are philanthropic and welfare-oriented, in contrast to more liberal groups which are development-oriented.

The relationship between the non-profit sector and the state has been quite strained. The government has not developed strategies to monitor activities of non-profit organisations. According to regulations. Non-profit organisations are supposed to submit to the Office of the National Cultural Commission reports of their activities as well as financial accounting every year. But in practice, the neither the Office of the National Cultural Commission nor the police have resources to even check if the organisations actually submitted such report. On the other hand, before 1990s government officials have been trained to look at non-profit organisations with suspicion, even philanthropic organisations.

There are two types of suspicion: political and moral. Some groups have disguised themselves as non-profit organisation in order to carry out underground political work. On the other hand, other associations operation as social clubs have become involved in gambling or other illegal activities. Furthermore, it is also possible for non-profit organisations to request tax exemption privileges in order to import equipment to use in activities for profit. Among the more recently established organisations, grassroots organisations and advocacy groups are also suspect because of their political ideologies. At the moment, the fear of communism is decreasing but the role of these organisations in performing advocacy activities remains a threat to government stability, Since 1992, the government has been allowing advocacy groups to operate. The application regulation and form have been revised, Stating that the organisation will not carry out activities threatening to national security instead of a statement prohibiting all types of political activities, This change allows for advocacy activities to be carried out.

In 1981 the Thai Government made efforts to establishing relationships with the development-oriented NGOs to prepare for the formulation of the Fifth National Economic and Social Development Plan(1982-1986). The Office of the National and Social Development board(NESDB) held a consultation with a small number (12) of private-sector organisations, including non-profit, voluntary, and development-oriented organisations. Later in the same year, NGOs assembled in a conference(seminar) to discuss rural development strategies, which included the issue of NGO-GO co-ordination. Forty-five NGOs participated and concluded with two major resolutions. The first was to submit a letter to the Minister of Interior informing him about the seminar’s outcome and recommendations. One of the recommendations was to set up a joint GO-NGO committee to work on community development policy and strategies, and the provision by the government of support in kind to NGOs. The second resolution was to set up an NGO-Conference Follow-up Committee to follow up on the seminar’s resolution and recommendations. The Committee organised a seminar on " Co-operation between GOs and NGOs on Rural Development" in 1982, attended by 27 NGOs and GOs. In 1983, another NGO conference was designed as a second national conference, along the lines of the 1981 conference. The second conference was attended by 39 NGOs and GOs. The participants reconsidered the draft proposal to set up a GO-NGO joint committee and finally agreed to form one.

In 1984, with the introduction of the Village Development Fund Project by the National Committee for Co-ordination on Rural Development, a joint GO-NGO Task Force on Rural Development was established as an ad hoc committee chaired by the Director of the National co-ordination Centre on Rural Development. As part of the Committee’s discussion on procedures and practical mechanisms for co-ordination, a need for such mechanisms within and among the various NGOs became apparent. As a result, it was decided that the NGO component of the Task Force should explore and resolve the issue. Consequently, with the encouragement and endorsement of the National Co-ordination Centre on Rural Development, a series of regional NGO conferences took place, culmination in a National NGO Conference on Rural Development in December 1985, The Conference resolved to establish an NGO Co-ordination Committee in Rural Development (NGO-CORD). Representatives from each of the five regions, previously elected at regional-level conferences, became the first members of the Board of NGO-CORD. The NGO-CORD has since been recognised in practice as a co-ordination body for development-oriented NGOs. One major objective of the NGO-CORD is to force links between NGOs and government organisations.

Increased recognition of the role of NGOs in rural development led to the inclusion of the statement in the Sixth five-year Development Plan (1987-1991) that : " the private sector should actively participate in rural development". While the actual participation of NGO-CORD in the Fifth Plan was minimal - due mainly to the short period of time the NGO-CORDs formation and the Plan’s formulation - participation in the design of the Seventh Plan has considerably increased. The NGO-CORD has been invited to participate in national working groups and planning committees on various issues national forestry policy, social security, and AIDS. The Seventh National Development Plan (1992-1996) recognised the role of the non-profit sector, including both economic/business organisations and philanthropic/social development organisations. Under the section on " The development of Human Resources, Life Quality, Environment and Natural Resources", statements encouraging participation by the private non-profit sector include :

 Promote private sector investment.

 Extension training provision and facilitation.

 Campaign for AIDS health education.

 Co-ordination mechanism for moral and spiritual development.

 Provide social welfare.

 Foster consolidation of the established network system.

In addition to these policies, the government also allocated funds to the National Cultural Commission Office to distribute to non-profit organisation with worthwhile development projects.

It has become quite clear that in the 1990s non-profit organisations in Thailand will have a substantial role in the area of social development as the country becomes more industrialised. The adverse impacts of industrialisation activities on the people have been recognised by everyone. NGO-CORD members, other non-profit organisations, and various community leaders have convinced the NESDB to give full attention to the development of people as human beings and not as human resources. The concept of " participation" has also been recognised. During the formation of the Eighth National Development Plan during 1994-1995, the government invited NGOs to participate quit actively in the drafting process. The recognition of NGOs role has been viewed as a positive sign by all concerned. However, the relationship between GOs and NGOs needs further improvement.

At present there are many government agencies which work with the NGO sector, especially in the field of community development and the environment. Therefore NGOs in these fields have to contact the various government agencies on a regular basis. The government agency with direct responsibility for NGOs and with whom all registered NGOs are involved with at least once in their existence if the National Cultural Commission.

 

4.1 National Cultural Commission (NCC)

This commission is part of the Ministry of Education, and is responsible for the registration of all NGOs in Thailand. The regulation governing this process of registration is the National Cultural Act of 1942 which was revised by version 2 of 1943. This law states that all NGOs created must be in the format of a Foundation or Association only. The role of the NCC is to assess the merits and values of the proposed NGO, check whether this NGO replicates an NGO already established and ensure the proposed NGO confirms with all relevant legislation. If the NGO passes this scrutiny then for an Association it must be passed to the Department of the Police, whereas a foundation must register with the Interior Ministry.

The NCC has a division for special organisations which will be responsible for communication with NGOs directly. This division comprise five sections;

  1. Extension and Co-ordination section, responsible for providing and administering Tax free status to all registered NGO’s, and provide funding to supply equipment to NGOs.
  2. NGO Personnel Development Section, organises training sessions for staff from registered NGOs and co-ordinate and supply volunteers to requesting NGOs in an effort to improve the quality of NGOs.
  3. Registration section, receives and maintains database of current NGOs and supplies and advises prospective NGOs information concerning the registration process.
  4. Service section, provide news and information concerning NGOs to any interested parties.
  5. Documentation section, keep record of registered NGOs, their work and update data concerning NGO activities.

 

4.2 Department of Rural Development (DED)

The Department of Rural Development is a department within the Ministry of the Interior, which has the role of developing rural communities. This department has many sub-offices and rural development officers at the provincial and district levels. Due to the department specific responsibility it is often perceived as the government department which works closest with the poorest developing communities. Thus when NGO’s are involved

in such communities they often have to work closely with this department, but this association only as co-operation with no actual shared responsibility. Therefore the usual mode of co-operation takes the form of;

  1. Sharing news.
  2. Experience
  3. Introducing the NGO to a village which has already worked with the DRD.
  4. But concerning the funding or support of NGO activities there is no functional support mechanism.

Although when concerning the interest of support funding from foreign donors the DED acts as the local facilitator and partner in the support process. The DED will introduce the activities of the government for the purpose of direct funding and development loans. Thus many NGO’s work close in the process of securing development loans for example under the current conditions of the IMF rescue agreement for the Thai economy.

 

4.3 The Department of Co-operatives Extension

The Department of Co-operative Extension is a department within the Ministry of Agriculture and Co-operatives. In the process of developing local village groups including; village farmers group, women’s group and youth group, monetary management is often required, especially when the group is established in support of an economic activity. In such a situation the group must establish a co-operative in line with current legislation.

Thus for a local co-operative group to be formed the local branch of the co-operative department either at district or provincial level is responsible for nurturing this co-operative. The group must contact their local co-operative office to enable this support process to begin. The local co-operatives office will provide the following support

  1. Evaluate and survey available information to determine the viability of establishing a co-operative organisation. The co-operative organisation will introduce the most suitable method for this group to achieve co-operative status.
  2. If the documentation is acceptable and all aspects are complete the co-operative is ready to be initiated.
  3. The co-operative will then be trained in appropriate techniques including methodology, regulations and reporting procedure.

The department of co-operative extension will send the resulting documents to the registrar of co-operatives to approve the co-operative proposal. The co-operative thus formed must send an annual report of activities and the minutes of the annual meeting each year. The audit and evaluation of each co-operative will thus identify if problems exist. If problems are identified then it is the responsibility of the department to assist the co-operative to find suitable solutions. If the co-operative does not follow the proposed recommendations within 30 day the co-operative can be disbanded.

Therefore the process of development most often used by NGO’s concerned with rural development and poverty alleviation is by developing collaborative structure or groups. Under previous legislation these groups could exist as such and receive support from government agencies such as the department of Agricultural extension, after the NGO had terminated project support. But since changes in legislation this support is no longer provide unless the group has achieved co-operative status. therefore the exchange between development NGO and the Department of co-operatives Extension is seen to increase in the future.

 

4.4 Department of Environmental Quality Promotion (DEQP)

This department is located within the Ministry of Science, Technology and Environment (MOSTE). This agency acts as the registrar of all NGO’s working in the field of the environment. In the process of requesting registration the NGO must already have achieved foundation or Association status. Therefor the great wealth of unregistered NGO’s are excluded form this registration process. When an NGO requests registration the DEQP will check the suitability of their submitted documents. If the NGO is based in Thailand the evaluation process will request relevant information regarding legal status from the National Cultural Commission, whereas if the NGO is an International based organisation the DEQP will request relevant information regarding status from the Police department.

The process of registering with the DEQP will enable the organisation to receive assistance from both the MOSTE and their commercial partners. The NGO will be able to advertise their work and experience and will be introduce to potential funding sources from the Environment Fund of the Royal Thai Government. Concerning assistance to the NGO the DEQP has volunteer staff who can support the NGO for limited periods in its work. This additionally enable the DEQP to keep a supervisory eye upon the NGO and its activities, in a regular and informal manner. Although this evaluation process is not possible will all registered NGOs. In this case the NGO must submit a detailed yearly report and the minutes of their annual meeting. Although the effectiveness of this entire process must be questioned as several large NGOs including the Population and Community Development Association has not submitted reports for the last three years.

At present there are 96 registered NGOs and 3 NGOs in the process of registering with the DEQP. The DEQP has also established an NGO assembly concerning the environment and natural resource conservation. This assembly has an office at DEQP and have regular meetings each month starting in October 1998. this assembly enables participating NGOs to share experience and assist each other, unfortunately this assembly only has 47 active participants out of 96 members. This assembly allows the DEQP to monitor and evaluate the work and progress of the NGOs in an informal way. Several NGO’s which have not registered with the DEQP, for various reasons, are permitted to attend these meeting although in reality such NGOs are yet to attend.

 

4.5 The Office of the Environment Fund

This office of the Environment Fund administers the government’s environmental funding support which is distributed from the environment fund. The fund itself is managed by the environmental fund committee which is made up of senior officials from several government agencies. Although the office of the environment fund’s day to day responsibilities rest with the Office of Environmental Policy and Planning (OEPP) of MOSTE. The OEPP assist many DEQP registered NGOs in the process of securing funds. This is a important stimulus for many NGOs to seek registration with the DEQP. In the process of writing project proposals the project analysis section f the OEPP will assist and help the NGO in all stages of realising the project. Therefore this assistance and advice from the OEPP is fundamental in many NGOs receiving support from the Environment Fund Committee. The OEPP is also responsible for the monitoring and evaluation of all projects resulting from environment fund support. In the process of final evaluation there are two techniques used;

  1. Progress reports are submitted every three months. If problems are identified the NGO must remedy the situation.
  2. The OEPP staff evaluate the project directly, by using questionnaires, interviews and observation.

If problems are identified, especially in regards to the project not following the project proposal the offending NGO will be excluded from future funding support. Although to date this situation is yet to occur. This is usually because the NGO is given plenty of assistance during the auditing process.

 

5. CO-ORDINATION BETWEEN NGOs

5.1 NGO-Co-ordination Committee on Rural Development (NGO-CORD)

NGO CORD was formed in 1983 with a membership of 106 organisations. Now there are approximately 220 member organisations, who may or may not be registered, NGO-CORD itself is not registered. However, the National Economic and Social Development Board encouraged and supported its formation. It is now recognised by several government organisations and funding agencies as a major representative of the Thai NGO community. The government has asked it to actively participate in the formulation of the national 5-year plans as well as to serve as member of several working groups and subcommittees on various development issues. Because of its large membership and regional diversity, regional NGO-CORDs have been established for better co-ordination and flexibility. NGO-CORD has the following objectives;

  1. To establish good relationships among non-profit organisations and enhance the roles of voluntary groups working on rural development.
  2. To promote understanding and co-operation between non-profit organisations and government bodies working on rural development.
  3. To establish links between non-profit organisation, government organisations, and the general public to encourage all three to join forces in rural development work.

There are three main types of committees in NGO-CORD. The first are the Regional Committees, of which there is one for each of the five regions (The North, Northeast, South, Central and Bangkok). The second is the National Committee, consisting of ten organisations. There are 22 representatives on the National Committee. The non-profit organisations in each region select their own representatives to sit on the National Committee. The last is the Executive Committee which is made up of five representatives from the National Committee. The Regional Committees hold meeting every month, and the Executive Committee holds meetings twice a month.

NGO-CORD is small and though it is still seeking an appropriate organisation structure, it is a powerful organisation. It runs on small funds from the LDI. It sets up meeting and seminars among member organisations at regional and national levels If focuses on promoting co-operation in rural development and campaign advocacy issues such as opposition to dams, environmental protection, and central government bodies and link with local people’s organisations. NGO-CORD tries to strengthen the work of non-profit organisations and co-ordinate among member organisations, the government.

Member organisation of NGO-CORD range from community research and development projects (e.g. the Community Research Project, attached to the Social Research Institute of Chiang Mai University, and the Kilns for Palm Sugar Project promoted by the Prince of Songkhla University) to large national consortia such as the National Council of Women of Thailand. Since Thai non-profit organisations encompass formal and informal groups, both temporary and permanent in nature, it is difficult to estimate accurately the number of development-oriented organisations at any given time. New organisations emerge and old ones disappear constantly. NGO-CORD publishes and distributes newsletters to disseminate information about member organisation and their activities.

Networks are established to co-ordinate work and to develop the strength of the participating organisations. In this process of forming networks usually they share either a common cause or they are geographically close. NGO-CORD works primarily with NGOs, assisting with identifying funders to support the membership. Introducing network members and providing communication support for NGOs , also looking for additional support for membership organisations. The administration of NGO-CORD is separated into a regional basis as follows;

  1. Northern region
  2. Lower North and Central region
  3. Northeast region
  4. Southern region
  5. Bangkok.

For each region there is an administrative committee with members elected from the membership to office, usually being elected according to fields of work. The committee is elected every 2 years. The central NGO-CORD organisation is established thus;

  1. Elected from the NGO-CORD national assembly
  2. The assembly is organised every two years.

Concerning NGO-CORD, Northeastern region, there are currently 75 membership organisations. Of which 63 NGOs are paid members while 12 NGOs are included free, this situation reflects the financial capability of the members and if they have financial difficulties they can still be admitted free.

NGO-CORD has the responsibility to develop the membership network and strengthen individual members. Currently NGO-CORD Northeastern region manages nine subject-based networks these are;

  1. Alternative agriculture.
  2. Natural resources.
  3. Community organisations.
  4. Handicrafts and women’s development.
  5. Community business.
  6. Human Rights.
  7. Slum issues.
  8. Children’s organisations.
  9. AIDS.

The small Project Review Committee (PRC) has the responsibility to develop strategy, policy and techniques for operation of small projects in the northeastern regions. And assess project proposals for suitability. This committee also monitors and evaluates projects which have been initiated.

The Esan Community Institute, is responsible to develop small organisations capacity and develop their working capability.

The Esan fund, identify problems and solutions and advertise the findings as well as provide funding support.

NGO-CORD (Northeastern region) has meeting every three months and meetings for the membership once per year. NGO CORD establishes networks via organisations attendance and participation with NGO-CORD. And NGOs that receive funding via NGO-CORD. These two groups are closely related and they will be promoted to contact and network outside the rigid timetable of NGO-CORD itself. Often non member NGOs are invited to attend in NGO-CORD activities or meetings in the process of enlarging the membership and broadening the experience base of the network.

 

5.2 The Thai Volunteer Service Foundation (TVS)

The Thai Volunteer Service Foundation (TVS) is a non-profit organisation established to serve the development needs of the country, On April 5th, 1980,19 non-government organisations focusing on development work met. They established the Thai Volunteer Service Program with the objective of helping find solutions to problems faced by development NGOs. These problems included : lack of experienced, capable, and dedicated personnel ; lack of funds and other resources for development activities ; lack of co-ordination among NGOs ; and insufficient co-ordination between NGOs and government agencies.

During the initial phases, the project was located at the Chulalongkorn University Social Research Institute. It was an independent project having its own board of administration and seeking its own funds, The project was then university in 1992. There are approximately 40 members organisations that request volunteers and join in activities organised by TVS on a regular basis. They are thought of as TVS network members.

The original objectives of the project were to establish an organisation to provide support to non-government organisations working on development activities. Support means training volunteers, institution building, and financial support if necessary, TVS specialise in volunteer training. TVS recruits volunteers in co-operation with NGOs who request volunteers. There are two main steps in the recruitment process. TVS makes a public announcement and identifies persons appropriate for volunteer work by reviewing application forms and curriculum vitae. Then, the applicants who pass the first round are interviewed jointly by TVS and the NGOs requesting applicants. In addition, TVS assesses the development situation regularly to identify development activities to be promoted and issues requiring further advocacy work. This is to ensure that TVS responds to the needs of the NGOs promptly.

From the beginning, TVS has also tried to help strengthen development-oriented NGOs by organising technical skills training programs needed by small NGOs to enable then to manage program activities adequately. In addition, training in organisational management skills is also offered when the need arises.

The formal objectives of TVS are as follows :

  1. To enable and help improve the capabilities of dedicated individuals with public interest so these individuals have the opportunity to work as volunteers in community development and other social development activities.
  2. To promote efficiency in the management and personnel development of non-government organisations.
  3. To promote co-ordination between non-government organisations and between non-government and government organisations.
  4. To co-operate with individuals and organisations to identify proper direction for community development and social development in Thailand.

Since 1985, after establishing its reputation for volunteer training and institution building, TVS has shifted its activities more toward the co-ordination of non-profit organisations through the advocacy of development issues. TVS works with other organisation to carry out research activities aimed at collecting baseline data to improve the planning of advocacy activities. TVS research and advocacy activities are often seen in the issues publicised by seminars and meetings organised jointly with academic institutions or other groups. Through seminars and workshops, TVS and its partners try to influence certain government policies, such as policies on resource management, infrastructure construction, and the government’s decentralisation schemes. Finally TVS works closely with both the Local Development Institute and the NGO Co-ordinating Committee, to be discussed in the following paragraphs.

 

5.3 The Local Development Institute (LDI)/ Local Development Foundation (LDF) and Its Networks

This umbrella organisation is an NGO co-ordination and management model that evolved from other trial models. In Thailand, bilateral funds have to go through the Department of Technical and Economic Co-operation (DTEC). Because of this requirement, NGOs usually so not seek funds which are bilateral because this will require extra effort to have the projects approved in terms of activities and amount of financial support for each category of activity. If the donor countries are determined to provide support for non-profit organisations bilaterally, they have to negotiate to set up a special mechanism to manage the funds.

The Canadian International Development Agency (CIDA) tried using various methods to channel the funds to non-profit organisations in Thailand, At first, the Local Development Assistance Project (LADP) started operating in the late 1980s. It was housed in the CIDA office at the Canadian Embassy. It set up a committee to review and approve projects submitted for funding. Funds were delivered to non-profit organisations directly after approval. A monitoring and evaluation mechanism for each project was also included as part of the program.

Later, LDAP evolved to become the Local Development Institute (LDI) and the Local Development Foundation (LDF), LDI is to function as a Thai non-government organisation operating under Thai law, having flexible and responsive mechanisms that allow it to co-ordinate various organisations and networks. It is also designed to synthesise research findings and practical experiences into a relevant body of knowledge and policy applicable at the national level. LDF, created together with LDI, is LDI’s operating arm. Based on the objectives of LDAP and the Department of Technical and Economic Co-operation (DTEC) managed to arrive at a mutual understanding that the GO-NGO working relationships are to be characterised by co-ordination and co-operation, not by control. As a result, LDF/LDI now functions as an NGO with a reasonable degree of autonomy and initiative of its own. Since it is a CIDA-funded government-to-government co-operation project, LDF/LDI is accountable to CIDA as funding agency, to DTEC as the agency overseeing external assistance, and to the National Education Commission (NEC) in its capacity as LDI’s official sponsor. Representatives from all three government agencies, together with LDF as recipient of funds, form the core of the Project Steering Committee with responsibility for overall project management.

LDI invites proposals for grassroots development activities annually. LDI has established networks of non-profit organisations working on grassroots development activities in the country’s different regions. The proposals are reviewed and improved upon by the regional subcommittees before final approval by the Project Steering Committee. Projects are monitored by regional subcommittees with visits from the Project Steering Committee. In addition, LDI also works with regional universities on research projects identified as essential to the development of the region and the country.

 

6. INFORMAL NETWORKS

In some areas networks are established on an informal basis. These networks rely upon organisations with similar ideology and a firm belief in the strengths and benefits of networking or working together. These organisations benefits from sharing and helping each other rather than being organised together in an alliance. These informal networks are organised between NGO’s with similar objectives and similar ideology and working operation. These networks often rely upon formal type meetings being held to provide a pathway for exchange of ideas and to keep the network up to date with each others issues.

6.1 Environmental Protection and Conservation Networks

The rapidly increasing interest in environmental issues during the past decade has led to the formation of many environmental organisations. Some are based in the countryside while others are based in Bangkok. Most of the non-profit organisations working in environmental issues are newly established. They include, for example, the Thai Environment and Community Development Association, better know as " Magic Eyes" ; the Sueb Nakasethien Foundation for the cause of forestry conservation; the Project on Ecological Recovery, a vocal group that advocates environmental issues very actively; and many other groups who work for the conservation of specific areas.

There is no single organisation functioning as a co-ordinating body among NGOs working on environmental issues. When co-ordination is needed, they work via NGO-CORD or directly. Yet during the last decade, networking has become the dominant feature of non-government organisations working on specific issues crossing national borders. The groups working on " alternative development" utilise the concept of " mobilisation" as a tool to bring people together. Mobilisation is the process of making people aware of alternative community development activities different from conventional ones. Therefore, Thailand’s environmental groups have formed a coalition and several networks. The Environment NGO Coalition, founded in 1990, initiates action on certain issues.

Starting in 1990, the NGO Coalition organised an annual meeting to discuss environmental issues. A group of environment-oriented NGOs organised a joint public forum call " Environment’33 during 1990. Since then, there has been a meeting every year with the title " Environment’ 34," " Environment’35," etc. The number of members of the NGO Coalition group has reached more than 40, an increase from its initial membership of 32.

In 1992, Thailand’s non-profit organisations initiated the " People’s Plan for the 21st Century Campaign" to discuss alternative development strategies They also organised the People’s Forum held in Bangkok in 1992. There were preparatory meetings, followed by the actual People’s Forum during the World Bank and IMF meetings. The People’s Forum had an impact because it conveyed the message that the development activities planned by the World Bank and IMF for the development world were unacceptable to the non-profit organisations. In a similar manner, networks of environmental groups have also organised movements against dam construction and exotic species reforestation plans.

Environment-oriented non-profit organisations are not homogeneous. They are very diverse in character, ranging from t