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of the human rights violation, the Commission had
the power to mediate the dispute of the parties to
cease the issue of complaint. This was consistent to
internationally recognition the national human rights
institutions should have quasi -judicial powers which
include to seek amicably settlement of human rights
disputes through mediation. However, the current
Organic Act on National Human Rights Commission,
B.E. 2560 (2017) did not prescribe the NHRCT with such
power, causing the Commission’s inability to mediate
the disputes between the conflicting parties.
In its annual report in fiscal year 2019,
the NHRCT cited the lack of mediation power as one
of challenges, and raised the issue to the Chairperson
of the Senate Standing Committee on the Independent
Organs under the Constitution to support the
amendment of the Organic Act on the National
Human Rights Commission of Thailand, B.E. 2560
(2017), resulting in the ongoing in-depth study on
the reconciliation function of the NHRCT. The NHRCT
also officially expressed its concern by sending a note
to the Prime Minister and the Cabinet. Additionally,
the Acting Chairperson raised the issue with the SCA
during the virtual interview for re-accreditation.
Subsequently, the SCA also consistently recommended
that in fulfilling the NHRCT’s complaint-handling
mandate, it should be provided with the necessary
functions and powers which included the ability to
seek an amicable and confidential settlement of
the complaint through an alternative redress process.
The SCA; therefore, encouraged the NHRCT to continue
to advocate to regain the function to seek an amicable
settlement to disputes through conciliation.
Recommendations
The Parliament and the Cabinet should support
the amendment of the Organic Act on the National
Human Rights Commission of Thailand, B.E. 2560 (2017)
prescribing the NHRCT with the mandate to seek an
amicable settlement to disputes through conciliation.
5.2 The implementation to comply with
the NHRCT’s recommendations contained
in the annual report assessing human rights
situations
The Constitution of the Kingdom of Thailand,
B.E. 2560 (2017), Section 247 (2) prescribed the NHRCT
with duties and powers in preparing the annual report
assessing human rights situations within the country,
and presenting the report to the Parliament and
the Cabinet. The Organic Act on National Human Rights
Commission, B.E. 2560 (2017), Section 43, paragraph one,
stated that once receiving such report, the Parliament,
the Cabinet, or the relevant agencies needed to
promptly take appropriate actions to improve or
correct the situations. In the case that it cannot be
implemented or need time for the implementation,
the said parties have to notify the NHRCT of reasons.
In practice, the NHRCT continually received
explanations from the Cabinet and the relevant
government agencies, mostly concerned with their
comments and activities related to the issues raised in
the report rather than the results of the implementation
based on the recommendations contained therein,
or the reasons why those recommendations cannot
be implemented, or the reasons for taking time.
Recommendations
The Cabinet should reiterate with the government
agencies to consider implementation of the
recommendations contained in the NHRCT annual
report on the assessment of human rights situation.
The results of the implementation should be
informed as prescribed in the Organic Act on
the National Human Rights Commission of Thailand,
B.E. 2560 (2017), Section 43. The Cabinet should also
support essential resources (such as budget, digital
technology, transfer of knowledge and other skills,
etc.) in the development of the database system for
storing and utilizing the data to be used as a tool to
support the follow-up process on the implementation
of the NHRCT’s recommendations, similarly to