Thailand – Judicial Remedy
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 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 |
| 3. | Administration of Justice | Develop criteria for approval and selection of migrant workers from three countries (Cambodia, Laos and Myanmar) to be the language coordinators to facilitate migrant workers who enter into the justice system. The coordinators should be trained in order to perform duties correctly, fairly and efficiently | – Ministry of Labour | 2019–2022 | – Develop and improve criteria for selecting the coordinators
– Number of trainings for language coordinators |
– National Strategy for Social Cohesion and Just Society
– National Strategy for Public Sector Rebalancing and Development – SDG 8, 10 and 16 – UNGPs Articles 25, 26, 27, 28, 29 and 31 |
| 5. | Remedies | Review and revise the Compensation Act 1994 and modernize the Compensation Fund system to be transparent, fair and in line with international principles | – – Ministry of Labour | 2019–2022 | – Amount of benefits or criteria that have been reviewed or improved | – National Strategy for Public Sector Rebalancing and Development
– SDG 8 and 10 – UNGPs Articles 27, 28, 29 and 31 |
| Set up remedy mechanisms from both the government and private sectors at the regional level. Remedies should be in consistent with the needs of affected people and communities. | – Ministry of the Interior (Department of Local Administration)
– Ministry of Justice |
2019–2022 | – Mechanisms and remedy measures for adversely affected victims and victims of human rights violations as a result of business operations | – Strategy for Public Sector Rebalancing and Development
– SDG 8 and 16 – UNGPs Articles 25, 26, 27, 28, 29 and 31 |
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| Review criteria of compensation under the Act on Compensation for Injured Persons and the Damages and Expenses for the Accused in Criminal Cases B.E. 2544 (2001) and the Amendment (No. 2) B.E. 2559 (2016) to cover migrant workers that have been victims of crime. | – Ministry of Justice | 2019–2022 | Meetings to review payment criteria for state compensation under the Act on Compensation for Injured Persons and the Damages and Expenses for the Accused in Criminal Cases B.E.
– 2544 (2001) and the Amendment (No. 2) B.E. 2559 (2016) to cover migrant workers that have been victims of crime |
– National Strategy for Public Sector Rebalancing and Development
– SDG 16 – UNGPs Articles 25, 26, 27, 28, 29 and 31 |
3.2 Action plan for community, land, natural resources and the environment
3.2.3 Action Plan (2019–2022)
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 |
| 3. | Prosecution | Determine punitive measures for business organizations that violate human rights | – Ministry of Industry | 2019–2022 | Proceeded with or imposed punitive measures for business organizations that violate human rights | – National Strategy for Public Sector Rebalancing and Development
– SDG 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 |
| Expand ways to request services from the Justice Fund | – Ministry of Justice | 2019–2022 | Consider adding channels to receive services from the Justice Fund | – National Strategy for Public Sector Rebalancing and Development
– SDG 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 |
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| Develop measures to provide legal assistance to people and communities, such as providing legal advice and assistance in litigation in order to be able to access justice easily, conveniently, thoroughly and fairly | – Ministry of Justice | 2019–2022 | Developed measures to provide legal assistance to people and communities, to be able to access justice | – National Strategy for Public Sector Rebalancing and Development
– SDG 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 |
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| Increasing efficiency in civil and criminal proceedings in cases related to the environment, natural resources and land rights | – Office of the Attorney General | 2019–2022 | Relevant law enforcement officer strictly proceeded with civil and criminal cases related to environmental, natural resources and land rights | – National Strategy for Public Sector Rebalancing and Development
– SDG16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 |
3.3 Action plan for human rights defenders
3.3.3 Action Plan (2019–2023)
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 |
| 4. | Enhancing knowledge and understanding | Organize training and enhance potential development for lawyers as well as providing a list of lawyers and legal advisors with expertise in defending human rights cases | – Ministry of Justice
– Office of the Attorney General |
2019–2022 | Activities and projects to train and develop capacity of human rights lawyers
A list of lawyers and legal counsel with expertise and understanding in defending human rights cases |
– National Strategy for Public Sector Rebalancing and Development
– SDG 16 – UNGPs Articles 1, 3, 5 and 7 |
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 |
| 1. | Complaints/ petition for assistance | Establish a mechanism for petition and effective, appropriate and sufficient assistance to resolve violations of human rights that may arise from conducting business | – Ministry of Justice
– Ministry of the Interior – Ministry of Commerce – Ministry of Industry |
2019–2022 | A mechanism for petition and effective appropriate and sufficient assistance to resolve violations of human rights that may arise from conducting business | – National Strategy for Public Sector Rebalancing and Development
– SDG 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 |
| 3. | The proceedings | Provide assistance to access to justice process for human rights defenders | – Office of the Attorney General
– Ministry of Justice |
2019–2022 | Channels/mechanisms/ measures in helping human rights defenders to access justice | – National Strategy for Public Sector Rebalancing and Development
– SDG 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 |
| 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 |
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| Develop the capacity of witness protection officers by supporting resources, budgets, personnel and enhancing knowledge, expertise and skills in witness protection | – Ministry of Justice | 2019–2022 | Activity to continually enhance the potential of witness protection officers | – National Strategy for Public Sector Rebalancing and Development
– SDG 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 |
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| 4. | Remedies | Study and analyse the legal gap and obstacles to access justice for human rights defenders in order to improve reliable healing processes | – Ministry of Justice | 2019–2022 | Legal gaps and obstacles to access justice for human rights defenders studied | – National Strategy for Public Sector Rebalancing and Development
– SDG 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 |