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Conflict, Legitimacy and Government Reform: Equitable Allocation of ...

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<strong>Reform</strong>ing Local <strong>Government</strong> for the Achievement <strong>of</strong> Fairness in Thai Society<br />

members are chosen by direct election (2) half <strong>of</strong> local council members<br />

are chosen by direct election <strong>and</strong> another half are represented by the civil<br />

society sector; <strong>and</strong> (3) local council members are represented by the civil<br />

society sector. The choice <strong>of</strong> a selection process <strong>of</strong> local council members<br />

should be resolved in accordance with people’s intents.<br />

2. Amend the electoral law <strong>of</strong> local administrators <strong>and</strong> council<br />

members by raising the issue concerning the selection process <strong>of</strong> civil<br />

society representatives who become local council members. The<br />

recommendation is there should be a selection process <strong>of</strong> civil society<br />

representatives at community/village level. At the level <strong>of</strong> municipality<br />

community (that does not have a village committee), a community<br />

committee screens <strong>and</strong> selects c<strong>and</strong>idates. At village level (within a<br />

territory <strong>of</strong> municipality <strong>and</strong> sub-district administrative organization), a<br />

village committee selects c<strong>and</strong>idates. Qualified c<strong>and</strong>idates must not hold<br />

any position <strong>of</strong> sub-district head, village head or deputy village head.<br />

3. In the case <strong>of</strong> community in a municipality area, there should be<br />

a law that sanctions the status <strong>of</strong> community committee in a<br />

municipality area, setting it free from the municipality <strong>and</strong> granting it<br />

the status <strong>of</strong> a juristic person (similar to a law regulating the<br />

establishment <strong>of</strong> a juristic person <strong>of</strong> a real estate project). Village<br />

committee should also attain the status <strong>of</strong> a juristic person.<br />

4. Amend the local administrative organization law in respect to<br />

relationship between local government <strong>and</strong> local council. Local council<br />

should be bestowed greater power so that it can control <strong>and</strong> examine<br />

local government’s operation. In case there are conflicts between local<br />

government <strong>and</strong> local council <strong>and</strong> both sides cannot reach a compromise,<br />

conflict issues should be resolved by a public referendum.<br />

5. The decentralization committee submits a proposal to the<br />

government suggesting more enactment power <strong>of</strong> local ordinances be<br />

devolved to local administrative organizations. Moreover, capacitybuilding<br />

<strong>of</strong> local council <strong>and</strong> local council members should be<br />

undertaken along with awareness-raising among general public to ensure<br />

that people underst<strong>and</strong> about local council’s roles, power <strong>and</strong> duties.<br />

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