Thailand – HRIA

By Daniel Morris | 4. September 2020

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

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

3.2.1 Overview of the situation

For the mining project, details of improvement of the environmental and social impact assessment system are as follows:

(1) … The scope of the mining project (in accordance with the promotion and conservation of national environmental quality law defined as type 2 or type 3 mines) must include preparing the environmental impact assessment report (EIA or EHIA), dependent upon the context of each case.

(2) Improvements in the environmental and social impact assessment system for mining projects in order to be prudent and concise by requiring public hearings with affected communities, both according to the mineral law and in accordance with the law on promotion and conservation of national environmental quality are as follows:

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
3.	Environmental and Health Impact Assessment (EIA/ EHIA)	Require the Environmental Impact Assessment (EIA) and the Environmental Health Impact Assessment (EHIA) to assess public participation in a neutral, independent, and transparent manner. Monitor and investigate after passing the environment evaluation to control the business sector not to violate various rights after the project has been approved.	– Ministry of Natural Resources and Environment – Ministry of Industry	2019–2022	– Doing EIA/EHIA as required by law, with people and communities in the area participating – Set a process to monitor the project periodically	– National Strategy for Eco-Friendly Development and Growth – SDG 11, 13, 14 and 15 – UNGPs Articles 1, 3, 4, 5, 7 and 8
		Strengthen the current impact assessment process to be stronger, especially in large-scale development projects such as infrastructure and mining and energy projects	– Ministry of Natural Resources and Environment – Ministry of Energy – Ministry of Industry – Ministry of Transport	2019–2022	Strictly implementing the EIA/EHIA process especially on large projects	– 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, 7 and 8
		Follow up and monitor the implementation of the measures specified in the EIA report for prevention and addressing of expected impacts from the project accurately and quickly in order to be a database of projects to prevent and address the expected effects in the future	– Agency that is authorized to approve the project is the main responsible agency with the following joint agencies: – Ministry of Natural Resources and Environment – Ministry of Industry – Ministry of Energy – Ministry of Transport	2019–2022	Monitoring of compliance with the measures set out in the EIA/EHIA evaluation report for prevention and address the expected effects in the future	– 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, 7 and 8

Pillar 2: Responsibilities of the business sector in respecting of human rights

2.3 EIA/EHIA

State enterprises and the business sector should conduct an EIA/EHIA assessment by an independent, credible and accredited expert.
State enterprises and the business sector should conduct an EIA/EHIA assessment in accordance with the guidelines as specified in the relevant laws, regulations and measures.
State enterprises and the business sector should build mutual understanding with the people and communities affected by operations in the surrounding areas and provide opportunities for those persons to participate in the EIA/EHIA process.
State enterprises and the business sector should cooperate with the government and various departments in the event of investigation of the correctness and transparency in the making of the EIA/EHIA.

3.4 Action Plan on Cross Border Investment and Multinational Enterprises

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	Establish guidelines and procedures to provide comments to the contract that the government has with transnational corporations, considering the Human Rights Assessment	– Office of the Attorney General	2019–2022	Established guidelines and process to provide comments to the contract that the government has with transnational corporations, considering the Human Rights Assessment	– National Strategy for National Competitiveness Enhancement – National Strategy for Public Sector Rebalancing and Development – SDG 8 and 16 – UNGPs Articles 1, 3, 4, 5, 7, 8, 9 and 10
3.	Promotion of Investment	Require studies and assessments of the risk and impact on human rights (human rights due diligence) before undertaking large-scale projects or projects related to public services, including in the case of joint investment between the government and private sectors to prepare conducting projects relating to infrastructure and public services that are a duty of the state, including in the case that the government has assigned the private sector to do the project instead	– Office of the Economic and Social Development Council – Ministry of Natural Resources and Environment (Bureau of Policy and Environmental Plan) – Ministry of Transport – Ministry of Finance (Office of the State Enterprise Policy Office) – Ministry of Energy – Ministry of Industry (Office of Economic Cooperation and Neighbouring Countries (Public Organization))	2019–2022	A study to assess the risk and human rights impact (human rights due diligence) before the implementation of large-scale projects	– National Strategy for National Competitiveness Enhancement – National Strategy for Human Capital Development and Strengthening – National Strategy for Public Sector Rebalancing and Development – SDG 8 and 16 – UNGPs Articles 1, 3, 4, 5, 7, 8, 9, 10, 17, 18 and 19
4.	Preventing human rights violations abroad	Consider the possibility of establishing guidelines or agreements on trans-boundary EIA and surveillance on cross- border effects in health, agriculture, society, land, natural resources and environment	– Ministry of Natural Resources and Environment (Office of Policy and Environmental Plans)	2019–2022	– Possibility discussed or studied of establishing guidelines or agreements on trans-boundary EIA – Measurement discussed and selected to monitor the impact of cross-border work on health, agriculture, society and environment	– National Strategy for Eco-Friendly Development and Growth – National Strategy for Public Sector Rebalancing and Development – SDG 8, 13, 14, 15, 16 – UNGPs Articles 1, 3, 4, 5, 7, 8, 9 and 10
5.	Development of government operations	Require a central agency to supervise and inspect in the event of international environmental impact	– Ministry of Natural Resources and Environment	2019–2022	Central agency responsible for supervision and inspection in the event of international environmental impact considered and determined	– National Strategy for Eco-Friendly Development and Growth – National Strategy for Public Sector Rebalancing and Development – SDG 8, 13, 14, 15, 17 – UNGPs Articles 1, 3, 4, 5, 7, 8, 9 and 10