Thailand – non-judicial grievance mechanisms
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 2: Responsibilities of the business sector in respecting of human rights
2.4 Complaint and remedy mechanisms
- State enterprises and the business sector should provide internal channels for complaint/petition mechanisms and keeping it as confidential information. Many channels should be opened and must have a convenient and fast access for tracking, such as on the website and via application on mobile phones, etc.
- State enterprises and the business sector should hold discussions to mediate disputes to achieve resolutions between workers before bringing the case to justice by giving the opportunity for workers to participate in negotiations.
- State enterprises and the business sector should agree on measures to remedy damage to workers in the event that workers’ human rights are violated. The remedies should cover physical and mental damage.
- State enterprises and the business sector should specify measures and mechanisms to support and solve issues around firing workers, including compensation for termination of employment in accordance with the relevant laws.
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 | Establish a complaint system (both public and private) and develop staff competency in order to receive complaints effectively and keep the information confidentially. Open multiple channels that are convenient, fast and traceable for the result of the complaint by using technology, such as hotline services, website channels and mobile phone applications, etc. | – Office of the Attorney General
– Ministry of Interior – Ministry of Justice – Ministry of Public Health – Ministry of Labour – Ministry of Foreign Affairs (Department of Consular Affairs) |
2019–2022 | An easy, accessible complaint system for the complainant. | – National Strategy for Public Sector Rebalancing and Development
– SDG 8 and 11 – UNGPs Articles 27, 28, 29 and 31 |
| 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 |
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| 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 |
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| The complaint mechanism of government agencies should be evaluated for efficiency and the adjusted working method periodically for enabling migrant workers to access conveniently and efficiently | – Ministry of the Interior
– Ministry of Justice – Ministry of Labour |
2019–2022 | Number of evaluations | – 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 |
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| The complaint mechanism of government agencies should be evaluated for efficiency and the adjusted working method periodically for enabling migrant workers to access conveniently and efficiently | – Ministry of the Interior
– Ministry of Justice – Ministry of Labour |
2019–2022 | Number of evaluations | – 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 |
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| 2. | Access to the Employee Welfare Fund | Employees have the right to access the Employee Welfare Fund as regulated in the Labour Protection Act 1998 and the set criteria | – Ministry of Labour | 2019–2022 | Number of employees using the service from the Fund | – National Strategy for Human Capital Development and Strengthening
– SDG 8 – UNGPs Articles 25, 26, 27, 28, 29 and 31 |
| 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 |
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| 4. | Dispute settlement and resolution | Enhance the capacity of staff in resolving labour disputes efficiently | – Ministry of Labour (The Bureau of Labour Relations) | 2019–2022 | Number of personnel resolving disputes trained to strengthen knowledge and develop technical skills in conciliation | – National Strategy for Public Sector Rebalancing and Development
– SDG 8 – 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 |
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| 6. | Protecting the rights of Thai workers working abroad | Provide information and assistance in accessibility to mechanisms protecting the rights of Thai workers working abroad | – Ministry of Foreign Affairs
– Ministry of Labour |
2019–2022 | – Percentage of job seekers trained before traveling abroad with more knowledge about domestic rights in their destinations
– The Department of Consular Affairs, Embassies and Consulates-General of Thailand provide information about their rights continuously through documents, websites, phone lines, applications, etc. – Thai workers abroad get access to rights protection mechanisms including help in negotiating with employers or government agencies of that country in case of unfair treatment or rights violations |
– National Strategy for Public Sector Rebalancing and Development
– SDG 8 and 17 – UNGPs Articles 1, 8, 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 2: Responsibilities of the business sector in respecting of human rights
2.4 Complaint and remedy mechanisms
- State enterprises and the business sector should provide a variety of complaint channels that can be forwarded to the other departments, including measures to protect complainants.
- State enterprises and the business sector should resolve disputes with the community by negotiating and discussing with the communities affected before bringing the case to justice, including coordinating with related agencies in the area to help mediate the dispute resolution.
- State enterprises and the business sector should identify measures to remedy people and communities affected by human rights abuses resulting from business operations.
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 | Set channels for complaints and petition in the case of witnessing or being affected from the business operation and inform the public, for example, establishing local complaints receipt mechanism | – Ministry of the Interior
– Ministry of Justice – Office of the Attorney General (Office of Prosecutors Protection Rights) |
2019–2022 | Government, state enterprises and businesses set
up a channel to receive complaints and petitions from persons impacted by business operations; and inform the public |
– National Strategy for Public Sector Rebalancing and Development
– SDG 11 and 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 |
| 2. | Mediation | Determining policies or making laws to authorize local agencies to initially solve problems, or have a local committee being recognized from all parties, with local mediation power | – Ministry of the Interior
– Ministry of Justice |
2019–2022 | A mediation committee is established at the local and/or community level | – National Strategy for Public Sector Rebalancing and Development
– SDG 11 and 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 |
| Consider the establishment of rights protection centres in areas of conflict | – Ministry of Justice | 2019–2022 | Set up a working group or centre to manage the violation of rights
in areas of conflict |
– National Strategy for Public Sector Rebalancing and Development
– SDG 11 and 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 |
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| 4. | Financial aid | Consider the establishment of a Land Bank managed by the community to help affected people | – The Land Bank Administration (Public Organization) | 2019–2022 | A study of guidelines for establishing Land Banks to provide help to those affected | – National Strategy for Eco-Friendly Development and Growth
– SDG 11 and 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 |
| Study the guidelines for establishing a Hedge Fund for people who suffer from business operations | – Ministry of Natural Resources and Environment
– Ministry of Industry |
2019–2022 | Studied guidelines for establishing
a Hedge Fund for people who suffered from business operations |
– National Strategy for Eco-Friendly Development and Growth
– SDG 11 and 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 |
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| 5. | Remedies | Develop systematic measures to effectively remedy the affected persons from managing natural resources or conducting business that violates land rights, natural resources and the environment, covering physical and mental damage and in line with the needs of affected people and communities from business/government projects | – Ministry of Natural Resources and the Environment
– Ministry of the Interior – Ministry of Justice – Ministry of Industry |
2019–2022 | Government sectors, state enterprises, and businesses have measures to remedy the
affected persons from managing natural resources or conducting business that violates land rights, natural resources and the environment |
– National Strategy for Eco-Friendly Development and Growth
– SDG 11 and 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 |
| Establish a systematically plan for land restoration, natural resources and the environment in places affected by business operations | – Ministry of Natural Resources and Environment
– Ministry of Interior |
2019–2022 | Government, state enterprises and businesses with systematically plans for land restoration, natural resources and the environment in places affected by business | – National Strategy for Eco-Friendly Development and Growth
– SDG 11, 13, 14, 15 and 16 – 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 2: Responsibilities of the business sector in respecting human rights (Respect)
The expectations will be the starting point and state enterprises as well as businesses of all sizes are encouraged to use them as a guideline, which is an important factor to reduce the adverse human rights impact of business operations.
2.4 Complaint and remedy mechanism
- State enterprises and the business sector should have a mechanism to consult with human rights defenders in order to deal with the violation of human rights.
- State enterprises and the business sector should provide clear channels and designated coordinators for complaints.
- State enterprises and the business sector should settle disputes with human rights defenders by fully negotiating and mediating disputes before bringing the case to justice which may involve coordination with relevant agencies in the area to help mediation to settle the disputes.
- State enterprises and the business sector should avoid litigation to prosecute human rights defenders simply because they are performing their duty to claim and protect the rights of others.
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 |
| 2. | Promotion of mediation systems | Promoting a mediation system at every level of the justice process, including the development of alternative dispute resolution mechanisms | – Office of the Attorney General
– Ministry of Justice – Office of Court of Justice |
2019–2022 | Activities/projects/ measures organized to promote mediation at every level of the justice process, including developed alternative dispute resolution mechanisms | – 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 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. | Complaint mechanism | Collaborating with other countries to establish an international mechanism to receive complaints and to inspect and conduct business investigations that affect communities | – Ministry of Foreign Affairs | 2019–2022 | Discussions with countries to establish an international mechanism to receive complaints and to inspect and conduct business investigations that affect communities | – National Strategy for Public Sector Rebalancing and Development
– SDG 8 and 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 |
| 2. | Negotiation and mediation | Consider establishing the process of discussion and negotiation to solve international problems which are a result of business operations | – Ministry of Foreign Affairs | 2019–2022 | The process discussion and negotiation to solve international problems which are a result of business operations | – National Strategy for Public Sector Rebalancing and Development
– SDG 8 and 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 |
| 3. | Financial assistance and remedies | Consider the possibility of establishing a fund to help in a timely manner for the healing and rehabilitation of victims in relation to impacts on careers, way of life, society, culture, health, environment and natural resources | – Ministry of Natural Resources and Environment | 2019–2022 | Meeting convened to consider the establishment of a fund for the healing and rehabilitation of victims in relation to impacts on careers, way of life, society, culture, health, environment and natural resources | – National Strategy for Public Sector Rebalancing and Development
– SDG 8 and 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 |
Pillar 2: Responsibilities of the business sector in respecting of human rights
2.3 Complaint and remedy mechanism
- State enterprises and the business sector should have a channel or mechanism to receive complaints about human rights violations resulting from business operations and coordinate to forward the relevant information to the related department.
- State enterprises and the business sector operating in Thailand and Thai entrepreneurs investing in foreign countries should resolve disputes with the community by negotiation and discussion with the affected communities to give full compensation for damages before bringing the case into the judicial system. They should coordinate with relevant local agencies in the area to help in mediating disputes.
- State enterprises and the business sector operating in Thailand and Thai entrepreneurs investing in foreign countries should have a measure to give remedy to the people and communities where human rights have been abused or negatively impacted resulting from business operations.