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Constitution of the Kingdom of Thailand, B.E.
2560 (2017), Section 246 together with the Organic
Act on the National Human Rights Commission,
B.E. 2560 (2017), Article 8 stipulate that the NHRCT
shall consist of seven commissioners. But as time
goes by within the third quarter of fiscal year 2019,
some commissioners had resigned from the office
with vacate of the duties carried out in accordance
with the 2017 Organic Act on the NHRCT, thus there
were only three commissioners in office and not
be a quorum. During 1st August to 1st November
2019, there was none of official meeting of the
Commission with resolutions adopted upon the
duties and powers of the NHRCT stipulated under
the 2017 Constitution and the 2017 Organic Act
on the NHRCT, thus there was a backlog of cases
considered in significant number and could not
be finalized within the 2019 fiscal year, i.e. the
discretion with adoption of complaints received
with merit; the discretion with adoption of human
rights investigation reports made, including policy
recommendations and guidance or solutions of
human rights promotion; the discretion with
endorsement for report (s) on the acts with
compliance to the Paris Principles and relevant
documents, submitted to the SCA-GANHRI; and
the discretion on personnel management under
the duties and powers of the NHRCT as an
authorized body for personnel management.
2) The shortcomings with time delay and
incompletion of information provided with
comprehensiveness for the making of annual
human rights assessment report of a country.
Constitution of the Kingdom of Thailand, B.E.
2560 (2017), Section 247 (2) and the Organic Act
on the National Human Rights Commission, B.E.
2560 (2017), Article 26 (2) together with Article 40
authorize the NHRCT to hold duties and powers
for making of annual human rights assessment
report with compilation, analysis and synthesis of
data and information with comprehensiveness,
accuracy and updates.
In the fiscal year 2019, the NHRCT had
initiated a work process with the engagement to
relevant government authorities and civil society
organizations along with each human rights issue.
Some activities were organized as: the seminars
for data sharing with opinions compiled and the
issuing of official letters to relevant agencies with
request for information, statistics and actions taken
on relevant duties. So in general, all relevant
agencies gave responses with fruitful cooperation,
but there were some agencies not partaking in this
process, with either not nominating any person
to attend a seminar or not responding to a letter
with request and even though submitting data
and information requested but with late reply.
Anyway, there is a proof of conflict of timeframe
for data gathering, as most of agencies would gather
and manage their database upon the fiscal year,
while this report would be accountable to incidents
incurred with information compiled on calendar
year. Thus, there would be a limit of data acquired
and provided with accuracy and completeness.
4.1.4 On the perceptions with mindsets
towards roles and duties with outputs and
outcomes of the NHRCT in comparison with
international standards designed for the
NHRIs under the Paris Principles:
1) Duties and powers of the NHRCT for
making of clarification and report of fact with
accuracy and within the delay in case of there
is any report made relating to human rights
situation in Thailand with inaccuracy or unjust
are not in compliance with duties and powers
of the NHRIs under the Paris Principles.