Human Rights Commission of Thailand

National Human Rights Institution

Accreditation status: A

Overview

The Human Rights Commission of Thailand (‘the Commission’) is governed by the1999 National Human Rights Commission Act and has the following mandate:

  • promote the respect for human rights
  • examine and report acts which violate human rights
  • propose polices and amendments of laws, rules and regulations for the promotion and protection of human rights
  • promote human rights education and research
  • promote co-ordination and cooperation with governmental agencies, nongovernmental organizations and others
  • prepare two annual reports on the human rights situation in the country and on the Commission's annual performance
  • give opinions when the government considers being a party to human rights treaties

Furthermore, it is to receive petitions of human rights violations and investigate their matters.

The Commission can examine matters that are not currently being litigated by a Court, or upon which a Court has delivered a final order or a judgment.

Who can access it? 

Any person, whose human rights, have been violated, has the right to submit a petition against any person, agency or company.

How does it work?

The petition needs to contain the name and address of the petitioner or his/her representative, facts and circumstances, signature. The petition needs to be submitted to the Commission, and can be sent to its address by registered post, or submitted to any member of the Commission or through a private human rights organization. A petition can also be submitted verbally. The Commission notifies the petitioner or his/her representative that the complaint has been received no longer than 3 days after its arrival. After assessing that the complaint falls under the powers and duties of the Commission, the Commission will notify the alleged violator and ask them to respond. When the response period has lapsed, the Commission will give the parties and opportunity to provide details and present evidence. The parties have the right to bring lawyers or their counsel to the examination proceedings. The Commission may appoint one or more sub-committees to carry out investigations and make factual inquiries. The Commission then prepares a detailed report, containing all facts, the legal duties and methods for their performance as well as the period for implementation. If the Commission deems mediation is possible, it can mediate between the parties to reach an agreement for compromise and resolution of the human rights violation.

Outcome 

If the parties agree to compromise, the Commission will consider whether this agreement is within the scope of human rights protection, and will prepare a written agreement for the parties and settle the matter.

If the Commission finds that there  a human rights violation, it shall prepare a report of its examination, specifying the details of the violation, the reasons for its opinion and remedial measures to resolve the violation. This report shall clearly set forth the legal duties and methods of performance of the violator, including the period for implementation of the measures.

If the Commission finds that there is no human rights abuse, but that there is an unjust practice from which the aggrieved person deserves a remedy, the Commission may set forth remedial guidelines.

Enforcement

If the mediation agreement is not respected by one of the parties the Commission is allowed to revoke it and proceed with the examination process. If the Commission mandates the performance of certain actions to the violator, and he/she does not comply with them within the time limit specified, the Commission is required to report to the Prime Minister of Thailand who has the right to take action. As a last instance, the Commission can turn to the National Assembly, in case the Minister does not take action. The National Assembly then has the right to require the implementation with whatever measures it deems necessary.

References 

Website of The Human Rights Commission of Thailand

Provisions of Human Rights Promotion and protection under the constitution of Thailand

National Human Rights Commission Act

Last edited: 
July, 2013

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