Thai Law Insights

Difficulties in Establishing NGOs in Thailand: Observations & Proposals for Law Reform

Anyarin Jiratrakulwat

NGOs (Non-Government Organization) play a vital role in the growth of developing countries. Non-profit organizations, working in coordination with national governments, aid developing countries in the improvement of social conditions the and quality of life. NGOs offer assistance in many different areas of concern, including education, health, the environment and, the protection of women and children. Such organizations often require the approval of the beneficiary country's government, and the procedure and length of time to obtain such approval varies with each country.

In Thailand, NGOs must be approved by the Committee Considering the Operation of Foreign Private Organization, in accordance with the Rules of the Ministry of Labor & Social Welfare on the Entity of Foreign Private Organizations to operate in Thailand of 1998, to function legally.

The guidelines and procedures for applying to operate an NGO in accordance with Thailand's NGO laws are strict and complex. The regulations are established for the purpose of screening for and preventing any problems that may threaten the political stability of the country. Due to past problems with using NGOs for political purposes, Thai regulations now require NGOs to be monitored by organizations such as the Department of International Organizations, the Office of the National Security Council, the Special Branch Division of the Royal Thai Police, the National Intelligence Agency and, the Royal Thai Armed Forces Headquarters, for a probationary period of a few months.

Such regulations may be major impediments to NGOs wishing to assist in providing remedies to some of Thailand's most pressing issues today, such as the deterioration of the environment. Additionally, allowing NGOs to operate in Thailand may open opportunities for other, neighboring countries to benefit from such aid.

The time has come for Thailand to change or modify its laws on the implementation of NGOs in order to expedite the resolution of many of the country's urgent problems. For instance, reducing the number of monitoring organizations alone would greatly accelerate the process.