รายงานการประเมินสถานการณ์สิทธิมนุษยชนในประเทศไทย ปี ๒๕๕๘ 1.4 Freedom of Expression: A number of prolonged incidents with expression of opinions and of political stands through media and political assembly caused unavoidably social disorders with rights infringements of the public, a number of laws were regularly reinforced with the limit and derogation of rights and freedom of expression. They were mainly used for prevention of offensive manners or causes of injury and damages and then affecting to the expression of both individual and collective opinions. People’s gatherings were being formed by those affected from policies, measures and other projects implemented by either public or private sectors. NHRCT issued a report with policy recommendations for the draft Public Assembly Act, B.E. …., making more focusing on significance of freedom of expression for developing and strengthening of monitoring mechanisms and ensuring of transparency that would be safeguards for human rights entitlement and exercise. The Commission opined that the Government shall not exercise security laws in manners of public gathering laws or any other laws controlling or derogating rights, on the other hand, it shall facilitate ways delivered for freedom of expression in appropriate manners instead. And in any cases with necessity for rights derogation due to reasons with national security or restoring of public order, public health and morality, laws and actions taken shall be cautiously monitored and supervised under certain objectives and with legitimacy. These actions are required to strictly deserve with laws in proportionality, specificity on case-by-case basis, direct connection and interpretation, and foreseeable results to such rights exercised. Notwithstanding, these might not limit the exercise of rights to deliver news and information for public interest in general. 1.5 Situations in the Deep South: In 2015, unrests in the Deep South compared within those occurred in the past 12 years were apparently reduced, but in any single incident happened still created high impacts to rights and liberties and caused the death and injury of persons. The right to fair trial, rights of children and rights of women were still the most concerns and possible causes for human rights violations, e.g. the controlling and interrogation of national security threat-suspected persons, the searching of premises and whereabouts harbored for those national security threat-suspected persons, the testing of DNA samplings collected from children under suspicion with relationship to security threat-suspected persons, etc. 2. ECONOMIC, SOCIAL AND CULTURAL RIGHTS Most situations and concerns on economic, social and cultural rights in 2015 would more or less relate to the undertaking of liberalism-responsive economic development policies, the running of mega project developments without people’s participation and the overlooking of impacts occurred. They all caused the social and economic disparities with emergence of public gatherings and resistances of groups of individuals and communities affected. They were struggling for protection of their collective or community rights through different means including to sue public authorities and entrepreneurs. NHRCT has seven principal findings and observations as follows: 2.1 Energy Management: The Government tried to convince and facilitate communities and private sectors to build biomass-power plants for generating renewable energy. The technology, compared with other energy-generating technologies, is apparently proved with the low-cost raw materials consumed while there are doubts and concerns on pollution and waste management that causes the resistance from people living in projects’ areas and criticism on inappropriateness of locations and landscapes and ambiguities of pollution management plans. There was a case lodged to the court with appealing for the abolition of Resolution of National Environmental Committee, dated 10th June 2015 and the Natural XXIV

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