The recall of local council members and local administrators

The Constitution of the Kingdom of Thailand, BE 2560 (2017) provides that citizens have the right to initiate the recall of local council members and administrators if they deem the individuals unfit to continue in their positions. This procedure is legislated in the Act on Voting for the Removal of Members of Local Councils or Local Administrators, B.E. 2542 (1999; The Act). However, several significant issues remain with this procedure:
A) Those related to the principle of recalling local council members and administrators:

1) In the Constitution B.E. 2560 (2017), the principle for recall differs from those in the Constitution B.E. 2540 (1997) and B.E. 2550 (2007) by eliminating the voting process. Therefore, the Act, which specifies the recall process through voting, coheres with the constitutional principles.

2) The proportions of petitioners requires to initiate the recall process, the number of voters required for a valid vote count, and the number of votes needed for recall are inappropriately set, making successful recall excessively difficult.

3) The Lack of Clear Grounds for Recall: The law fails to clearly define actions or circumstances that justify initiating a vote for recall, which could result in unfairness to individuals being recalled from positions.

4) The Absence of Penalties for Dishonest Use of Petition Rights: The law does not specify penalties for dishonest use of the right to petition for the recall process. Penalties are only provided for the voting process, potentially leading to political harassment.

B) Issues in the recall process of local council members and administrators:

1) Inappropriate Voting Procedure: Each local council member elected from different constituencies requires votes from all constituencies in the local government area for recall, which is inappropriate. Representatives elected to serve and exercise power on behalf of the people should be impeached by the constituents who elected them.

2) High Voting Threshold: The procedure require that at least three quarters of eligible voters participating in the vote must agree to recall a local council member or local administrators. Additionally, over half of the total eligible voters in the local government area must participate in the vote for the recall to be valid. This renders the recall process needlessly arduous.