Thailand – Extraterritorial Jurisdiction

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

3.3 Action plan for human rights defenders

3.3.3 Action Plan (2019–2023)

Pillar 3 Duties of state enterprises and the business sector (Remedy)

No.	Issues	Activities	Responsible agencies	Time-frame (2019–2022)	Indicators (wide frame)	Compliance with National Strategy/ SDGs/UNGPs
3.	The proceedings	Enhance knowledge and skills for persons responsible for the law, regulation, and correct policy with justification for offenses outside the Kingdom	– Office of the Attorney General	2019–2022	Activities to enhance knowledge for the persons responsible for the law, regulation, and correct policy with justification for offenses outside the Kingdom	–   National Strategy for Public Sector Rebalancing and Development –   SDG 16 –   UNGPs Articles 24, 25, 26, 27, 28, 29 and 31

3.4 Action Plan on Cross Border Investment and Multinational Enterprises

3.4.1 Overview of the situation

The National Human Rights Commission of Thailand has received complaints regarding the impact of cross-border business operations of Thai entrepreneurs, such as a Thai private company that was granted a land concession for sugarcane cultivation and established a sugar factory in Cambodia and violated the human rights of the Cambodian people. The National Human Rights Commission of Thailand has investigated and has ruled that though the company is not the action maker, the impact is considered a part of their direct responsibility in the case of affecting human rights. In the case that a private company has entered into a Memorandum of Agreement with the Port Authority of the Union of Myanmar to operate a deep-sea port project in the Dawei Special Economic Zone Project in Myanmar, the National Human Rights Commission has investigated and found that the construction of infrastructure of the project caused human rights violation to the Myanmar people. The National Human Rights Commission of Thailand has recommendations for relevant government agencies to consider establishing mechanisms or defining the Investment Supervision to respect the basic principles of human rights by using The UNGPs as a framework.

 

3.4.3 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
1.	Amendments of laws, regulations, policies and related measures	Study and discuss with various relevant sectors to consider guidelines for developing laws, policies or concrete mechanisms to investigate human rights violations outside the territory to provide protection and remedy and take cross-border responsibility that complies with international standards such as the OECD Guidelines for Multinational Enterprises	–   Ministry of Foreign Affairs –   Ministry of Justice	2019–2022	Improved legislation, policies or mechanisms to investigate human rights violations outside the territory to provide protection and remedy and take cross- border responsibility that complies with international standards, such as the OECD Guidelines for Multinational Enterprises	–   National Strategy for National Competitiveness Enhancement –   National Strategy for Public Sector Rebalancing and Development –   SDG 8, 16 and 17 –   UNGPs Articles 1, 3, 4, 5, 7, 8, 9 and 10