Case Explained: The Thailand Country Review: A Case Study – Legal Perspective

With the adoption of the United Nations Convention against Transnational Organized Crime in November 2000, the international community asserted its political commitment to tackling a global challenge with a global response. 

The Organized Crime Convention, or UNTOC, now with 194 States parties, is a testimony to the nearly global consensus that for too long have transnational organized criminal groups exploited loopholes, gaps, and lack of international collaboration for self-serving and destructive ends. The Convention provides a full array of measures for States to effectively and coherently prevent and combat transnational organized crime by establishing international norms for anti-transnational organized crime law. 

The UNTOC Review Mechanism, an exercise launched in 2020, aims to enable the global assessment of the Convention and Protocols’ implementation. The Mechanism is a peer-review process through which countries assess domestic anti-organized crime law and policies and provides States the opportunity to strengthen legal frameworks, share best practices and needs for technical assistance, ultimately leading to a more effective collective response to transnational organized crime. 

With the recent completion of the first country reviews (Israel and Estonia) under the cluster of articles dealing with the concepts of criminalization and jurisdiction, the Review Mechanism process is now in motion, despite the accumulated delays. 

As a global review of anti-organized crime legislation and policies, the review process involves analysing hundreds of laws, frameworks, cases, and related documents across government agencies. Country reviews are led by government experts who collaborate across ministries and internationally to review not only their legislation but also that of other countries. 

“We are working with States to find and close the gaps in anti-transnational organized crime law as comprehensively and uniformly as possible, but the Review Mechanism process is a comprehensive, complex, endeavour,” said Giovanni Gallo, Chief of the transnational organized crime team at UNODC. “It is not just the volume of work, but also its sensitivity, depth and innately technical nature.” 

As anti-crime legislation is developed over hundreds of years of ever-evolving legal code and practice, and is uniquely shaped by language, culture, politics, and geography, it can be especially intricate. It often requires translations and extensive consultations to understand legislation and be able to assess its compliance against the framework provided by the instruments under review, the Organized Crime Convention and its Protocols. 

Ms. Piyatida Jermahansa, Deputy Director General of the International Affairs Department of the Office of the Attorney General of Thailand, and designated country focal point for Thailand, speaks from her team’s experience in making progress in their reviews. Thailand is reviewing Qatar and the State of Palestine and is being reviewed by Jordan and Colombia. 

“The review process allows Thailand to thoroughly examine its laws and practices related to transnational organized crime,” Ms. Jermahansa said. “This ensures alignment with international standards, helps identify operational challenges, and provides a basis for developing effective solutions to enhance law enforcement and legal frameworks.” 

Ms. Jermahansa found that in comparing Thailand’s legal system and practices with those of other countries, they were able to exchange insights and best practices, offer recommendations, and refine their own strategies in tackling transnational organized crime. 

“The most rewarding part of the process has been the opportunity to reflect on the laws and practices that still pose obstacles in handling transnational organized crime cases,” Ms. Jermahansa said. “This self-assessment has provided valuable insights and, hopefully, will lead to improvements in the future, helping to overcome these challenges more effectively,” she added. 

The review process also fosters internal coordination and stronger international cooperation, which is crucial in addressing the complex and cross-border nature of transnational organized crime. Most notably, by completing a self-assessment, States Parties can look closer at their own legislation and policies, leading to potentially improved responses and law enforcement capacities. 

“Additionally, through the self-review process, it became clear that Thailand still has room for improvement in enforcing laws related to transnational organized crime,” Ms. Jermahansa added. “Enhancements can be made in multiple areas, including legal reforms, better integration among various relevant agencies, and, most importantly, the management of cases and databases related to transnational organized crime. Strengthening these aspects will lead to a more effective and coordinated approach to tackling organized crime.” 

In addition, in pursuing one of the objectives of the Mechanism, namely gathering information on legislation, good practices and challenges in the implementation of these legal instruments and facilitating exchange of knowledge, the country has made their responses to the self-assessment questionnaires publicly available on their country’s profile page. 

“Participation in the Review Mechanism is, therefore, a valuable step toward reinforcing Thailand’s legal framework, enhancing international cooperation, and effectively combating transnational organized crime,” she said. 

Ms. Jermhansa and her team, like many participating countries, are subject to challenges that are leading to delays in the process. However, the collaboration and support from everyone on the team has been a major catalyst in moving her team’s review forward.

“The focal points are going above and beyond to complete the country reviews as thoroughly, accurately, and punctually as possible,” adds Mr. Gallo. “With the continuing support of their government ministries and Permanent Missions, as well as the unwavering commitment of UNODC staff, we have made tremendous progress, but this is not enough. We need more support and political will if we want the Convention to achieve its full potential in stopping transnational organized crime.” 

This article is a summation of the contribution of Thailand’s focal point for the UNTOC Review Mechanism.