รายงานผลการปฎิบัติงานคณะกรรมการสิทธิมนุษยชนแห่งชาติ ประจ�ำปีงบประมาณ พ.ศ. 2563 4.2 Internal dimension 4.2.1 Operational efficiency The efficiency was evaluated from the operation processes and the budget spending according to the annual action plan. 4.2.2 Organization development The development was evaluated from the progress made in the areas of the organizational adjustment to rapid changes, the strengthening system of organizational development, and the support for knowledge management (KM). 5. Challenges and recommendations In fiscal year 2020, the NHRCT found major challenges and had recommendations the following: 5.1 Duties and Powers according to the Constitution of the Kingdom of Thailand, B.E. 2560 (2017) and the Organic Act on the National Human Right Commission of Thailand, B.E. 2560 (2017) 035 that it may be regarded inconsistent with the Paris Principles at the time, but to no avail. In 2019, the NHRCT submitted application for re-accreditation to the Sub-committee on Accreditation (SCA)1 under the Global Alliance of National Human Rights Institutions (GANHRI), being confident that all concerns of the SCA were fully addressed. Later, in December 2020, the Acting Chairperson gave interview virtually to clarify questions raised by the SCA. In the interview, it was clearly reaffirmed to the SCA that the NHRCT performed such function with full independence without any interference. Nevertheless, the SCA had decision to defer the consideration of the NHRCT’s application for re-accreditation for 18 months due to its additional concerns on two legal issues, one of which was the mandate of Section 247 (4) of the 2017 Constitution and Section 26 (4) of the Organic Act. The SCA was concerned that such a function would compromise the actual or perceived independence of the NHRCT, and recommended the NHRCT to take full effort to advocate for the removal of this provision. Recommendations The Parliament, the Cabinet, and the relevant government agencies should consider supporting the amendment to the Constitution of the Kingdom of Thailand, B.E. 2560 (2017) by repealing the provision in the Section 247 (4) at the first opportunity, either through the ongoing initiative to amend the Constitution or by specific amendment of the article, along with the consideration to repeal such function in the Organic Act on the National Human Rights Commission of Thailand, B.E. 2560 (2017). 5.1.1 The problematic function to explain and report correct facts without delay in case where there is an incorrect and unfair report on human rights situation in Thailand The Constitution of the Kingdom of Thailand, B.E. 2560 (2017), Section 247 (4) and the Organic Act on the National Human Rights Commission of Thailand, B.E. 2560 (2017), Section 26 (4) states that the NHRCT has the duty to clarify and report accurate facts without delay in the event of false or unfair 5.1.2 The lack of legal power of conciliation for report on human rights situation in Thailand and to human rights disputes Originally, the National Human Right Committee disseminate to the general public. The NHRCT shared its concerns with the Constitution Drafting Committee Act, B.E. 2542 (1999) stated that during the investigation 1 It is a sub-committee under the cooperation framework of the Global Alliance of National Human Rights Institutions (GANHRI) network, which had downgraded the status of the National Human Rights Commission of Thailand from status A to B in January 2016.