enforce relevant laws derogating or limiting rights and liberties of people in some aspects,
these actions are allowed to take under scopes with necessity and without any violation to
substantive grounds of rights and liberties; (2) the infringement to right to fair trial, for
example, the exercise of Military Court with legal proceedings for general civilian cases;
(3) the unrest in the Deep South causing the Government to announce and exercise three
security laws giving authorities to officers for controlling and tackling problems with
violations occurred, as: the Martial Law Act, B.E. 2457 (1914), the Emergency Decree on
Public Administration in Emergency Situation, B.E. 2548 (2005), and the Internal Security
Act, B.E. 2551 (2008). Apart of those three security laws, the Penal Code and the Criminal
Procedural Code are also applied into judicial system countrywide; (4) Capital Punishment,
de facto there was none of capital punishment executed since 2004, except two drug
trafficking prisoners were sentenced to death in 2009 after the six years of non-execution
punishment given. This was in contradiction with a Resolution adopted by the United Nations
General Assembly in 2008 for the efforts made to suspend capital punishment worldwide.
Recently, there are initiatives with actions taken on the abolition of death penalty by the
Government addressed in the 3rd National Human Rights Plan, B.E. 2557-2561 (2014 2018), in section of judicial administration. These aim to leverage human rights-responsive
domestic laws in line with international human rights standard; (5) community rights and
natural resources management, environment, and land with justice and sustainability,
the impacts made by operation of the development projects and various industries causing the
conflicts between communities, government agencies and private sectors involved. Some
community leaders against the projects are being intimidated and threatened while some are
executed and with less arrest of perpetrators; (6) rights and status of stateless and
nationality-less persons, migrants, displaced Thai descendant and persons fleeing
fighting, recently there are 56 groups of persons facing personal legal statuses residing in 67
provinces of Thailand, with number of population as 6,100,000 or 9.68 percent of people
living in Thailand. Remarkably, the Nationality Act (5th edition), B.E. 2555 (2012) has been
adopted with entitlement and guarantee of rights to health and to education for all persons
regardless their legal statuses, nevertheless due to the remote areas with hardships and
unreached, some are not accessing to the rights and welfares. A part of these, the Regulation
of Department of Skill Development on Preparation Training for Working, B.E. 2557 (2014),
Article 8 (3) stipulates the qualifications of applicants partaking occupational training
programs that they have to be Thai citizens, this is an obstacle for the exercise of right to
access to occupational skill development for groups of persons not yet proofed their
nationalities. And although in fact, some provincial skill development centers allow non-Thai
applicants partaking the programs but by the end, their certificates of completion shall not be
granted due to they are non-Thai. A problem of granting Thai nationality status to displaced
Thai persons, despite in January 2012, the Parliament endorsed the Nationality Act (5th edition),
B.E. 2555 (2012) which reinstate Thai nationalities to approximate 20,000 Thai displaced
descendant whom have been living in borders of Thailand and Myanmar and of Thailand and
Cambodia, but in 2013 their Thai nationalities were not yet reinstated; (7) cyber bullying
with hatred speech and human rights abused through media and technologies, recently
there are widespread hatred speeches and polarizations expressed among the society,
particularly throughout and within cyber space and new technologies, these cause segregation
with nepotism and immorality dispersed and being led into various physical violations; and
(8) undertaking of torture and brutal practices, the torture is still one of the main
problems in Thailand and mostly are happened during the carrying-out of duties of officers
for searching, controlling, arresting, and keeping persons under custody with incompliance of
laws and regulations and without any serious inspection for authorities involved with criminal
and disciplinary offenses.
Executive Summary: NHRCT’s Strategic Plan (2017 - 2022)
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