รายงานผลการปฏิบัติงานคณะกรรมการสิทธิมนุษยชนแห่งชาติ
ประจำ�ปีงบประมาณ พ.ศ. 2562
Constitution of the Kingdom of Thailand, B.E.
2560 (2017), Section 247 (4) and the Organic Act
on the National Human Rights Commission, B.E.
2560 (2017), Article 26 (4) together with Article 44
authorize the NHRCT to hold duties and powers
for making of clarification and report of fact
with accuracy and with prompt action in case
of there is any report made relating to human
rights situation in Thailand with inaccuracy or
unjust and providing to the public in general.
The NHRCT has been receiving comments and
observations from various networking organizations
both inside and outside Thailand that the exercise
of such duties and powers would be in conflict with
the principle of independence of operations made
to the NHRIs under the Paris Principles, meanwhile
the Government had already designed some
certain organs and mechanisms with resources
allocated to carry out such mandates, thus the
NHRCT, in order to ensure their duties carried-out
with independence, effectiveness and trustworthiness,
had officially made the certain criteria for
considering the validity of actions taken to human
rights reports, in case of they should be responded
with clarifications or statements.
2) The downgrading of status of the NHRCT
from “A status” to be “B status” due to the
uncontrolled factors and apart from the
improvement and solving of the NHRCT
themselves.
The NHRCT had been downgraded from
“A status” - a status with full functions and acts
in compliance with the Paris Principles, to be
“B status” - a status with partial functions and
acts in compliance with the Paris Principle, due
to other uncontrolled factors and apart from
the improvement and solving of the NHRCT
themselves, especially the legal challenges.
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คณะกรรมการสิทธิมนุษยชนแห่งชาติ
The NHRCT had come into the application of
re-accreditation with review of the SCA-GANHRI
in November 2015, and at that time the SCA
considered and opined that there were main
concerns towards the operations of the NHRCT
as: (i) the selection and appointment process;
(ii) the functional immunity and independence;
and (iii) the effective response to human rights
incidents in due process. For both (i) and (ii), they
need to be stipulated with amendment in any
laws relating to the NHRCT, which somehow, the
NHRCT is not in a position for the amendment
of these laws.
Anyhow, the NHRCT had make efforts
with clarification of facts and opinions to the
Constitutional Drafting Committee, during the
time of 2017 Constitution was drafted, until there
were additional provisions made pertaining
to the selection and appointment process
for the NHRCT together with the functional
immunity and independence which were main
concerns and root causes for downgrading
of status upon the SCA’s opinion and these
significant changes had been made and
stipulated in the 2017 Organic Act on NHRCT.
Within the fiscal year 2019, the NHRCT had
compiled and submitted a report on compliance
with the Paris Principles and all relevant documents
to Secretariat of the SCA for consideration with
review of application for re-accreditation.
4.2 Recommendations
4.2.1 The Cabinet, by the Budget Bureau, the
Select Committee on Consideration of Draft Public
Spending and Budget Act in Fiscal Year, B.E. ….
and together with the Parliament shall consider
to allocate budget for Office of the NHRCT in
accountable with the NHRCT’s duties and powers,