Thai – 2nd – Judicial remedy
Chapter 3
3.1 Action Plan on Labour
3.1.5 Action Plan and Indicators
Duty of State
| No. | Issues | Connections to UNGPs | Project/activity | Responsible Agencies | Time frame (2023-2027) | Indicators | In Compliance with National Strategy / 13th National Economic and Social Development Plan / SDGs/ UNGPs. |
| 5 | Labour Protection | 1, 3 | 5.2 Provide assistance to workers, including migrant workers who have been laid off by reviewing effective measures to remediate them and alleviate their hardship effectively.* | Main Agencies – Ministry of Labour | 2023-2027 | – Number of workers receiving assistance – Plans and measures put in place to assist workers who have been laid of | – National Strategy on Human Resource Development and Empowerment – The National Strategy on Public Sector Rebalancing and Development – 13th National Economicand Social Development Plan, Milestone 9 – SDG 8 – UNGPs Article 1, 3, 4, 5, 7 |
| 13 | Remedies | 3 | 13.1 Develop remedy mechanisms from both the government and private sectors at the national and local levels to be modern, transparent, fair, and in line with international human rights principles, the needs of affected people and communities, as well as mechanisms under the Workmen’s Compensation Act B.E. 2537 (1994) and the Employee Welfare Fund under the Labour Protection Act B.E. 2541 (1998), as well as develop the system to provide advice, assistance and remedy for migrant workers.* | Main Agencies – Ministry of Interior – Ministry of Justice – Ministry of Labour Supporting Agencies – Ministry of Interior – Ministry of Justice (Rights and Liberties Protection Department) | 2023-2027 | – Develop remedy mechanisms under related laws – Number of affected people who have access to assistance and remedie | – The National Strategy on Public Sector Rebalancing and Development – 13th National Economic and Social Development Plan, Milestone 9, 13 – SDG 8 – UNGPs Article 1, 3, 4, 5, 7 |
| 13 | Remedies | 1, 3 | 13.2 Study the feasibility of establishing a fund to help victims of workplace discrimination or harassment.* | Main Agencies – Ministry of Human Security Development (Department of Women’s Affairs and Family Development) | 2023-2027 | – Study the possibility of establishing a fund to remedy victims of discrimination or sexual harassment in the workplace – Number of victims that the Commission of the Act identified and wish to receive remedies | – The National Strategy on Public Sector Rebalancing and Development – 13th National Economic and Social Development Plan, Milestone 9 – SDG 5, 8 – UNGPs Article 1, 3, 4, 5, 7 |
| Corporate Responsibility 3. Complaint and remedy mechanisms 3.3.State enterprises and the business sector should cooperate with the government, international organisations, and other independent mechanisms to ensure that labour laws, labour standards, and human rights principles are being followed.* 3.2 Action Plan on Community, Land, Natural Resources and Environment 3.2.5 Action Plan and Indicators |
Duty of State
| No. | Issues | Connections to UNGPs | Project/activity | Responsible Agencies | Time frame (2023-2027) | Indicators | In Compliance with National Strategy / 13th National Economic and Social Development Plan / SDGs/ UNGPs. | |||||||||
| 2 | Public Participation and Development of Community Potential Processes | 1,3 | 2.4 Jointly prepare a handbook that promotes public awareness regarding the rights to genuine participation in accordance with international human rights standards, as well as provides knowledge about the channels for obtaining services and remediation by integrating the knowledge of all sectors. The handbook should always be updated to keep up with legislation changes and disseminated widely. * | Main Agencies – Ministry of Natural Resources and Environment – Ministry of Energy (Office of the Permanent Secretary, Ministry of Energy) Supporting Agencies – Ministry of Industry – Ministry of Justice (Justice Fund/Rights and Liberties Protection Department) | 2023-2027 | Explanation of Public Rights to Participate in Government Projects Handbook – Dissemination channels | – The National Strategy on Eco-Friendly Development and Growth – The 13th National Economic and Social Development Plan Milestone 11, 13 – SDG 11, 13, 14, 15 – UNGPs Article 8 | |||||||||
| 10 | Mediation/Litigation | 1, 3 | 10.2 Strengthen the competence and technical expertise of officials in the judicial process in conducting civil, criminal and administrative cases related to the environment, natural resources and land.* | in Agencies – Office of the Attorney General Supporting Agencies – Ministry of Justice (Rights and Liberties Protection Department) | 2023-2027 | – Capacity building projects/activities for official in the in the justice process on the environmental, natural resources and land issues | – The National Strategy on Eco-Friendly Development and Growth – The National Strategy on Public Sector Rebalancing and Development – The 13th National Economic and Social Development Plan, Milestone 1, 8, 13 – SDG 10, 11, 15 – UNGPs Article 1, 3, 4, 5, 7, 8 | |||||||||
| 11 | Remediation | 1,3 | 11.1 Identify remediation channels and measures or those affected by development projects by providing prompt and fair compensation that aligns with international human rights standards and is responsive to affected he needs of the people and communities If housing is to be provided, the location should be appropriate to the affected people’s for livelihoods, in compliance to the principles in the UN Commission on Economic, Social and Cultural Rights General Comment No. 4.* | Main Agencies – Ministry of Agriculture and Cooperatives (The Royal Irrigation Department) – Ministry of Transport – Ministry of Natural Resources and Environment – Southern Border Provinces Administrative Centre Supporting Agencies – Ministry of Interior – Ministry of Justice (Rights and Liberties Protection Department) – Office of the National Land Policy Board | 2023-2027 | Developed remediation channels and measures for those affected by various development projects | – The National Strategy on Eco-Friendly Development and Growth – The National Strategy on Public Sector Rebalancing and Development – The 13th National Economic and Social Development Plan, Milestone 1, 8, 13 – SDG 10, 11, 15 – UNGPs Article 1, 3, 4, 5, 7, 8 | |||||||||
3.3. Action Plan on Human rights defenders
3.3.5 Action Plan and Indicators
Duty of State
| No. | Issue | Connections to UNGPs | Project/activity | Responsible Agencies | Time frame (2023-2027) | Indicators | In Compliance with National Strategy / 13th National Economic and Social Development Plan / SDGs/ UNGPs. |
| 3 | Create understanding | 1 | 3.5 Provide training activities for officials in the justice processes and law enforcement officials, including witness protection officials. Create understanding and increase the capacity to effectively implement human rights defender protection laws, measures, and mechanisms.* | Main Agencies – Ministry of Justice (Rights and Liberties Protection Department /Department of Special Investigation) Supporting Agencies – Ministry of Defence – Royal Thai Police – Office of the Attorney General | 2023-2027 | Projects/activities to build an understanding of human rights defenders’ protection measures/mechanisms to officials in the judicial processes | – National Strategy on Public Sector Rebalancing and Development -The 13th National Economic and Social Development Plan, Milestone 13 – SDG 11, 16, 17 – UNGPs Article 1, 3, 5, 7, 8, 10 |
| 6 | Remediation | 1, 3 | 6.1 Remediation for victims/ injured persons in accordance with the relevant laws. Develop both physical and mental and remediation measures that are appropriate and gender sensitive in compliance with international human rights standards, including the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power.* | Main Agencies – Ministry of Justice (Justice Fund/Rights and Liberties Protection Department) Supporting Agencies – Ministry of Social Development and Human Security – Ministry of Public Health | 2023-2027 | – Improve remedial measures and systems for victims/injured persons to meet international human rights standards | – National Strategy on Public Sector Rebalancing and Development – The 13th National Economic and Social Development Plan, Milestone 13 – SDG 16 – UNGPs Article 24, 25, 26, 27, 28, 29, 31 |
| 6 | Remediation | 3 | 6.2 Resolve legal gaps and barriers to access effective remedial processes, including expanding access to remedies and assistance under the Justice Fund. | Main Agencies -Ministry of Justice (Justice fund) | 2023-2027 | – A study/ consideration/ review/ amendments/ improvement of relevant laws, rules, or regulations to increase access channels for remedies and assistance from the Justice Fund. | -National Strategy on Public Sector Rebalancing and Development – The 13th National Economic and Social Development Plan, Milestone 13 – SDG16 – UNGPs Article 1, 3, 4, 5, 7, 8, 10, 27, 28, 29 |
| Corporate Responsibility 4. Grievance Mechanisms and Remediation 4.1 State enterprises and businesses should establish a channel or a platform to consult with human rights defenders for understanding and constructive engagement. The platform may involve grievance handling to prevent, mitigate, and remedy adverse human rights impacts.* 3.4 Action Plan on Transboundary Investment and Multinational Enterprises 3.4.5 Action Plans and Indicators Duty of State |
| No. | Issue | Connections to UNGPs | Project/activity | Responsible Agencies | Time frame (2023-2027) | Indicators | In Compliance with National Strategy / 13th National Economic and Social Development Plan / SDGs/ UNGPs. |
| 1 | Amendments to laws, rules, regulations, policies and measures | 1, 3 | 1.3 Study and propose recommends for the legal amendments or measures to ensure access to the justice system and effective civil, criminal and administrative compensation. Closed communities both in Thailand or abroad where companies or Thai state enterprises operate and are affected by such operations are covered. | Main Agencies – Ministry of Justice (Rights and Liberties Protection Department) Supporting Agencies – Ministry of Foreign Affairs – Office of the Attorney General | 2023-2027 | The study findings and recommendati ons for the legal amendments or measures to ensure access to the justice system and remedies for those affected by Thai business operations abroad | – National Strategy on Public Sector Rebalancing and Development. – The 13th National Economic and Social Development Plan, Milestone 8, 13 – SDG 16, 17 – UNGPs Article 1, 3, 4, 5, 7, 8, 10 |
| 1 | Amendments to laws, rules, regulations, policies and measures | 1, 3 | 1.5 Study, review, and examine approaches to amend laws, regulations, and policies that ensure protection and remedies for those residing in Thailand who are violated by multinational corporations through online channel. | Main Agencies – Ministry of Justice (Rights and Liberties Protection Department) Supporting Agencies – Ministry of Foreign Affairs – Office of the Attorney General | 2023-2027 | – The study findings on approaches to amend laws, regulations, and policies to ensure protection and remedies for those residing in Thailand and violated by multinational corporations through online channel | – -National Strategy on Public Sector Rebalancing and Development. – -13th National Economic and Social Development Plan, Milestone 13 – SDG 9, 16, 17 – UNGPs Article 1, 3, 4, 5, 7, 8, 10 |
| 3 | Developing proactive mechanisms to detect, improve, prevent, assess, and monitor impacts of transboundary and overseas investment | 1, 3 | 3.2 Review and consider amending the scope of power of the Sub Steering committee for National Action Plan on Business and the National Human Rights Commission of Thailand and other sectors which are responsible for reviewing complaints from business operators that invest locally and internationally. This will enable effective, prompt, fair, and independent investigation, coordination, litigation, and remedial processes. It will also facilitate negotiations and resolutions.* | Main Agencies – Ministry of Foreign Affairs – Ministry of Justice (Rights and Liberties Protection Department) | 2023-2027 | The study findings, review, monitoring mechanism, management, coordination, execution, and remedy of cases of business operations for both local and transboundary investment | – National Strategy on Public Sector Rebalancing and Development – The 13th National Economic and Social Development Plan, Milestone 13 – SDG 8, 16 – UNGPs Article 24, 25, 26, 27, 28, 29, 31 |
| 8 | Remediation | 1 | Enhancing competencies of personnel in the justice Process to foster understanding of cross-border human rights violations, including impacts, to Support effective legal proceedings, providing remedies, or offering legal assistance. | Main Agencies – Ministry of Justice (Rights and Liberties Protection Department) – Office of the Attorney General | 2023-2027 | – Number of personnel in the justice process who have received training on understanding cross-border human rights violations, including their impacts. – Understanding about the cross-border human rights violation situations as well as the impacts toward the involved personnel in justice process. | – National Strategy on Public Sector Rebalancing and Development – The 13th National Economic and Social Development Plan, Milestone 13 – SDG 16 – UNGPs Article 1, 3, 4, 5, 7, 8 |