3. The core content of the National Action Plan on Business and Human Rights

3.1 Action plan on labour

3.1.3 Action Plan (2019–2022)

Pillar 1: State duties in protecting (Protect)

 

No.

 

Issues

 

Activities

Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs
6. Eliminating discrimination in employment and the workplace Promote jobs and employment for persons with disabilities in the workplace and in public sectors by having a coordinator between entrepreneurs and the disabled, including make use of screening systems for people with disabilities to find appropriate jobs and employment.

Manage working conditions that are suitable to their needs, including being equipped with facilities that ensure physical in person, access to the workplace, services, all instruments and equipment. This includes facilitation of persons with disabilities to access assisting tools and equipment such as wheelchairs, touch screen computers, etc. in order to help facilitate the disabled to be able to work in the same manner as other staff in the organization.

Build up the capacity of staff working with the disabled to have expertise in job guidance and coaching by providing training for job guidance and coaching in order to coordinate between entrepreneurs and the disabled

–   Ministry of Social Development and Human Security

– Ministry of Labour

2019

project to find jobs for persons with disabilities

 

Specially needed recruitment activities for disabled workers

 

Activities to promote the disabled to work in the public sector

Quantitative

–  1,750 persons with disabilities are employed.

Qualitative

–   persons with disabilities are employed no less than 62%

–   88 persons with disabilities are employed in government agencies

promote employment of the disabled to work in government agencies as specified by law in the ratio 100: 1

–   National Strategy for Human Capital Development and Strengthening

–   National Strategy for Social Cohesion and Just Society

–   SDG 8 and 10

–   UNGPs Articles 1, 3, 4, 5, 7 and 8

Improve the efficiency of the Fund for Empowerment of Persons with Disabilities – Ministry of Social Development and Human Security 2019–2022 Supporting the disabled to have jobs or independent employment

Promote the workplace to provide facilities that facilitate persons with disabilities to work

–   National Strategy for Human Capital Development and Strengthening

–   National Strategy for Social Cohesion and Just Society

–   SDG 8

–   UNGPs Articles 1, 3, 4, 5, 7 and 10

Develop measures and mechanisms to promote employment for senior citizens to be more employed –  Ministry of Labour 2019 project to expand working opportunities for senior citizens –   100,000 senior citizens get employed and earn a living –   National Strategy for Human Capital Development and Strengthening

–   National Strategy for Social Cohesion and Just Society

–   SDG 8

–   UNGPs Articles 1, 3, 4, 5, 7 and 10

–   Study the feasibility and effect of the amendment of the Labour Law to be consistent with the Gender Equality Act 2015 –  Ministry of Labour 2019–2022 –   Number of reviews of the Labour Law –   National Strategy for Social Cohesion and Just Society

–   SDG 8 and 10

–   UNGPs Articles 1, 3, 4, 5 and 7

Disseminate knowledge and understanding about the Gender Equality Act 2015 and mechanisms under the Act to adjust people’s attitudes in society to understand and accept gender equality – Ministry of Social Development and Human Security 2019–2022 –   Number of media pieces disseminated

–   Number of trainees

–   National Strategy for Social Cohesion and Just Society

–   SDG 5 and 10

–   UNGPs Articles 1, 3 and 8

Organize activities to enhance knowledge and understanding on gender diversity with various sectors, including the business sector – Ministry of Justice 2019–2022 –   Percentage of understanding regarding gender diversity issues –   National Strategy for Social Cohesion and Just Society

–   SDG 5 and 10

–   UNGPs Articles 1, 3 and 8

Consider and determine measures, policies and mechanisms to promote women’s employment. Allow women to have roles in the labour system to create gender equality in line with international standards. – Ministry of Labour 2019–2022 Number of establishments/ businesses inspected and joining in employing women to promote gender equality –   National Strategy for Social Cohesion and Just Society

–   SDG 5, 8 and 10

–   UNGPs Articles 1, 3, 4, 5 and 7

Consider and determine measures and mechanisms for employment of other vulnerable groups, such as ethnic groups, stateless persons and migrants, including those of diverse sexual orientation and gender identity to enter the labour system in line with international human rights principles –   Ministry of Labour

–   Ministry of Interior

–   Ministry of Social Development and Human Security

–   Office of the National Security Council

2019–2022 Number of vulnerable groups employed –   National Strategy for Social Cohesion and Just Society

–   National Strategy for Public Sector Rebalancing and Development

–   SDG 5, 8 and 10

–   UNGPs Articles 1, 3, 4, 5 and 7

 

2.3 Elimination of discrimination in the workplace

  • State enterprises and the business sector should specify measures and policies to show the intention of supporting equal opportunities without discrimination in employment, recruitment, compensation, termination, promotion and removal of any conditions that cause a negative impact on employees and job seekers as appropriate.
  • State enterprises and the business sector should establish measures and policies to prevent sexual harassment in the workplace.
  • State enterprises and the business sector should increase the employment of women, ethnic groups, persons with disability, senior citizens, ex-convicts, etc. by considering as appropriate, including requiring the establishments for proper facilities set-up.
  • State enterprises and the business sector must not consider not employing or terminating employment due to HIV infection.

 

Pillar 3: Duties of the state and the business sector to provide remedy (Remedy)

 

No.

 

Issues

 

Activities

Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs
1. Complaints and petitions Increase the efficiency of the mechanism to receive complaints under the Gender Equality Act 2015 – Ministry of Social Development and Human Security 2019–2022 Assigned officials according to the Act in every province –   National Strategy for Social Cohesion and Just Society

–   National Strategy for Public Sector Rebalancing and Development

–   SDG 8 and 11

–   UNGPs Articles 27, 28, 29 and 31

Review and improve the complaint mechanism in order to access existing protection and remedies, such as a claim filing mechanism so that every worker can access protection and remedy without discrimination and regardless of nationality –  Ministry of Labour 2019–2022 Number of channels of complaint improved –   National Strategy for Social Cohesion and Just Society

–   National Strategy for Public Sector Rebalancing and Development

–   SDG 8 and 10

–   UNGPs Articles 27, 28, 29 and 31

2. Access to the Employee Welfare Fund Study the possibility of establishing a fund to remedy victims of discrimination or sexual harassment in the workplace –  Ministry of Social Development and Human Security 2019–2022 –   Study results

– Number of victims that the Commission of the Act identified and wish to receive remedies

–   National Strategy for Social Cohesion and Just Society

–   SDG 5 and 8

–   UNGPs Articles 25, 26, 27, 28, 29 and 31

 

3.2 Action plan for community, land, natural resources and the environment

3.2.1 Overview of the situation

All minorities and ethnic groups in Thailand are protected by law and have access to government services which include education, medical treatment and job opportunities. The government provides care with supporting regulations where people can prove their rights by evidence of living in the area and long-time usage. If it is necessary to leave the area, the government has measures to take care of housing and vocational training by recognizing the way of life of the group. In addition, the Ministry of Social Development and Human Security made a master plan for ethnic groups’ development in Thailand (2015–2017) as a mechanism to develop assistance provided to these groups in various areas such as access to land rights and obtaining legal status as well as the enhancement of their balance, security and resilience to cope with various changes

 

3.2.3 Action Plan (2019–2022)

Pillar 1: State duties in protecting (Protect)

 

No.

 

Issues

 

Activities

Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs
5. Management of natural

resources and the environment

Review and develop mechanisms to manage natural resources and the environment by focusing on participation of all sectors, including women and ethnic groups –   Ministry of Natural Resources and Environment

–   Ministry of Interior

2019–2022 Reviewed and developed mechanisms to manage natural resources and the environment by focusing on participation of all sectors –   National Strategy for Eco-Friendly Development and Growth

–   National Strategy for Public Sector Rebalancing and Development

– SDG 11, 13, 14 and 15

–   UNGPs Articles 1, 3, 4, 5 and 7

7. Minorities and ethnic groups Ensure minorities and ethnic groups are given importance in the strategies on policy development and various programmes, including social development, to protect minorities and ethnic groups. –   Ministry of Social Development and Human Security

–   Ministry of Natural Resources and Environment

–   Ministry of Interior

2019–2022 Strategies on policy development and various programmes for social welfare development and quality life for minorities and ethnic groups –   National Strategy for Social Cohesion and Just Society

–   SDG 10 and 11

–   UNGPs Articles 1, 3, 4, 5 and 7

7. Minorities and ethnic groups Provide mechanisms for ongoing consultation with the community and open to the public to participate in making decisions which includes minorities and ethnic groups affected by the management of land, natural resources and preserving the forest –   Ministry of Social Development and Human Security

–   Ministry of Interior

2019–2022 Mechanisms for consultation with the community includes minorities and ethnic groups affected by the management of land, natural resources and preserving the forest –   National Strategy for Eco-Friendly Development and Growth

– SDG 10, 11, 13, 14 and 15

–   UNGPs Articles 1, 3, 4, 5 and 7

8. Development of government operations Consider determining measures to certify rural development and land policies with gender- based dimensions in mind. A person should not be forced to be evicted, if there is a need to act, there should be a Free Prior Informed Consent form and the evicted person must also be compensated –   Ministry of Agriculture and Cooperatives

–   Ministry of Natural Resources and Environment

–   Ministry of Interior

2019–2022 –   Measure to certify rural development and land policies that considered gender dimensions Compensation paid to the evicted person –   National Strategy for Public Sector Rebalancing and Development

–   SDG 5, 10 and 11

–   UNGPs Articles 1, 3, 4, 5 and 7