Thailand

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)

3.2.3 Action Plan (2019–2022)

Pillar 1: State duties in protecting (Protect)

Read more about Children’s rights

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

3.2.3 Action Plan (2019–2022)

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

Read more about Conflict-affected areas

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)

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 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.

Read more about Construction sector

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)

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

2.1 Compliance with labour laws, the Thai Labour Standards and the principles of human rights

• State enterprises and the business sector must provide an announcement or a statement on the human rights policy in their organizations. This includes the UNGPs

Read more about Corporate law & corporate governance

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)

Read more about Corruption

Read more about Corruption

The Thai NAP does not make an explicit reference to Data Protection and Privacy.

Read more about Data protection & privacy

Read more about Data protection & privacy

The Thai NAP does not make an explicit reference to development finance institutions.

Read more about Development finance institutions

Read more about Energy sector

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

3.1 Action plan on labour

3.1.1 Overall situation

The Thai government pays attention to the prevention, suppression and elimination of Illegal Unreported and Unregulated (IUU) fishing. In 2015, the RTG established the Command Center for Combating Illegal Fishing (CCCIF) to solve illegal fishery problems with the related sectors. A surveillance and forecasting of the fishery situation centre has been established. Measures to monitor IUU fishing such as Fisheries Regulations 2015 and Amendments (Issue 2) 2015, and more than 100 IUU situation control regulations have been issued. In addition, the Cabinet passed a resolution on 3 November 2015, adopting the National Action Plan to Prevent, Suppress and Eliminate Illegal, Unreported and Unregulated Fishing for 2015–2019, the National Marine Fisheries Management Plan and National Policy in the Matter of Marine Fishery Management 2015–2019. Importantly, the National Fisheries Policy Committee passed a resolution on 25 January 2018, approving the country’s fishery development guidelines to rid IUU fishing (IUU – Free Thailand) to show the determination to push the whole Thai fishery system to adhere to international standards and to be accepted among the international community. The Cabinet passed a resolution on 3 April 2018, approving the appointment of a National Committee to set policies, supervise and implement the plan on freeing Thailand from illegal, unreported and unregulated fishing with an aim for correct, rapid, and successful achievement.

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

3.2.1 Overview of the situation

The plan [the National Economic and Social Development Plan No. 12 (B.E. 2560–2564) (2017–2021)] emphasizes the creation of economic and social growth while being environmentally friendly, and the promotion of responsible production and investment and creating green business jobs in private organizations to reduce policy conflicts that affect the environment and people during the development of infrastructure, tourism and community livelihoods. …

The Department of Forestry of the Ministry of Natural Resources and Environment is a government department that has administrative roles in managing forest resources for sustainable use. It is under the process of implementing the policy of reforming the natural resource and environmental management system (forestry) to support the 20-year National Strategy (2017–2037). The Ministry has also pushed forward the Community Forest Act, which gives the opportunity for the community to participate in the collective maintenance and use of forest resources. The Cabinet passed a resolution to approve the principles of the Community Forest Act on 22 May 2018. Most recently, the Community Forest Act was enacted and announced in the Royal Gazette on 24 May 2019. …

Another important challenge is the protection of human rights during the implementation of large-scale development projects to create economic growth especially mega-projects that affect the way of life of people and the environment. The government has various measures such as directions for feasibility studies including environmental and health impacts. A committee is appointed to supervise, setting up measures to support or compensate the affected people such as the provision of relocation. The government has decided to delay some projects as requested by civil society and has engaged in trying to find solutions through discussions with local people. …

Currently, the Industrial Estate Authority of Thailand strengthens the Environmental Impact Assessment (EIA) process by strictly complying with the National Environmental Quality Promotion and Conservation Act (No. 2) B.E. 2561 (2018), in the second paragraph of Section 48 stating that the EIA must include the issue of compensation for suffering or damage, and in the third paragraph of Section 48 stating that the EIA must add assessment of health impacts and conduct hearings for the opinions of stakeholders and related communities. In addition, the Industrial Estate Authority of Thailand has also created a transparent process in the EIA and Environmental Health and Impact Assessment (EHIA) by (1) Conducting public hearings by inviting all target groups, including communities, NGOs, local government organizations, stakeholders and the media; (2) Providing opportunities for communities and the public to express their opinions at public forums; (3) Opening multiple channels for complaints; (4) Holding an EIA Monitoring meeting with tripartite components, namely, the Industrial Estate Authority of Thailand, local government officials, industrial plant operators and communities. In addition, the Industrial Estate Authority of Thailand has strictly supervised the private consulting firms to ensure that they have neutrality in their work. …

Every project of the Industrial Estate and Industrial Port Development Project must have an assessment report on the effect of the environment in the forms of an EIA or EHIA report, in which the Industrial Estate Authority of Thailand, as the project owner and the authorized approval agency, conducted hearings with surrounding communities and people about the project development, as well as promoting community participation processes from the beginning of the development of the projects until implementation of the projects. In the EIA and EHIA reports, measures are added for reducing the impact on the quality of life of the community including human rights risks. …

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

(1) Minerals Act B.E. 2560 (2017) and related subordinate legislation divided mining into three types according to the size of the area, types of minerals, geological characteristics of the mineral resources, mining methods and impacts on the quality of environment and public health that may arise from mining. 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:

(2.1) Minerals Act B.E. 2560 (2017) and subordinate legislation stipulates that a public hearing of the community is required and, in the event, that the community does not agree, a public referendum, in the area requesting a concession certificate, shall be conducted according to the characteristics and methods announced by the Minister.

(2.2) The National Environmental Quality Promotion and Conservation Act B.E. 2535 (1992). The project must conduct the EIA report with two times a participatory process, namely, the first time at the initial stage of the project to hear opinions on the draft proposal of the project and the scope of the study and, the second time, during the preparation of the draft report, measures to prevent and correct the environmental impact, as well as the area rehabilitation plan after the expiration of the concession. For the project that requires the EHIA report, four times participation is required: (1) To listen to opinions on the scope of the study; (2) For participation in the impact assessment; (3) For hearing opinions on the draft report; and (4) For the authorized approval agencies to organize the process for hearing opinions and to clarify in detail.

(3) In addition, the Mineral Act B.E. 2560 (2017) and the relevant subordinate legislation require the preparation of basic information on the environment and public health and creating a barrier area in the case that the mine may result in causing highly adverse impacts to the quality of environment and public health.

(4) At present, every step of the environmental and social impact assessment of the mining project considers the importance of three types of impacts from large-scale projects: (1) The impact of environmental pollution on health; (2) Forcing communities to relocate without compensation or insufficient plans; and (3) Lack of public consultation or inadequate studies with communities that are affected by the development of large-scale projects. Therefore, the Department of Primary Industries and Mines (DPIM) has emphasized the accuracy and transparency of information in every step from preparation of the area for the request for permissions, details of areas and communities, geological report, mining project plans and area rehabilitation, the EIA report, details and the opinions of the community, both according to the requirements of the mineral law and the law on the promotion and conservation of national environmental quality. As well as these issues, details of the consideration of the Environmental Impact Assessment Report from the Specialist Committee are to be stipulated as additional conditions for approval. …

The Department of Industrial Works has specified the location of factories to be away from public places or communities and defined the specification of the type and size of the factory that requires having environmental personnel at the factory to determine the amount of pollution (water pollution, air pollution, soil pollution and sound/noise pollution) that can be released into the environment. They will also assign a specialist to be responsible for the safe storage of hazardous materials under the responsibility of the Department of Industrial Works in accordance with the Hazardous Materials Act B.E. 2535 (1992) including regulation criteria to eliminate waste or unused waste and the supervision of chemicals and hazardous waste as well. The steps in determining the authorization to establish or expand the factory that needs to prepare the Environmental Impact Assessment Report (EIA) must go through the process of the public hearing as required by the Ministry of Industry for safety. There are safety measures from the risk assessment of the factories that must prepare a risk analysis report for the potential dangers in operating a factory. Criteria are set for hazard identification for risk assessment and the preparation of risk management plans and safety measures for the working environment including boilers, industrial gas, chemicals, radioactive materials, electrical systems in the factories, fires and cold storage. …

The Industrial Estate Authority of Thailand is assigned by the government to develop industrial estates in three Special Economic Zone (SEZ) areas in three provinces: Sa Kaeo Industrial Estate, Sa Kaeo Province, Sadao Industrial Estate, Songkhla Province, and industrial estates in the Special Economic Zone in Tak Province. Each industrial estate established has studied the impact on environment, economy, society and community through the preparation of the environmental impact assessment report and use it as a tool to create preventative and alleviative measures towards environmental impact and to monitor environmental quality. One of the measures requires factories in the industrial estates to pay attention to the importance of hiring local labour which will help reduce migrant labour problems. But if using migrant workers is a necessity, the operator should choose only registered ones.

However, in the future, the government has laid down a policy for establishing and developing an industrial estate to do the Strategic Environmental Assessment (SEA) report, to which all related departments must adhere to as a guideline. The SEA is an assessment of integrated sustainability in the area of environment, economy, society and community.

3.2.3 Action Plan (2019–2022)

Pillar 1: State duties in protecting (Protect)

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

2.1 Compliance with laws, standards and principles of human rights relating to the environment, natural resources, community and land

• State enterprises and the business sector must review the organization’s rules and regulations and improve them to comply with relevant laws, standards and principles of human rights related to the environment, natural resources, community and land, especially the UNGPs, to prevent human rights violations.
• State enterprises and the business sector must promote and monitor their subsidiaries, including their supply chain in respect to relevant laws, standards and human rights principles related to the environment, natural resources, community and land.
• State enterprises and the business sector must cooperate with the government and international organizations in the event of monitoring and review compliance with laws, standards and principles of human rights related to the environment, natural resources, community and land.

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

Read more about Environment & climate change

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)

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)

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)

Read more about Equality & non-discrimination

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

3.2.3 Action Plan (2019–2022)

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

Read more about Export credit

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) Minerals Act B.E. 2560 (2017) and related subordinate legislation divided mining into three types according to the size of the area, types of minerals, geological characteristics of the mineral resources, mining methods and impacts on the quality of environment and public health that may arise from mining. 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:

(2.1) Minerals Act B.E. 2560 (2017) and subordinate legislation stipulates that a public hearing of the community is required and, in the event, that the community does not agree, a public referendum, in the area requesting a concession certificate, shall be conducted according to the characteristics and methods announced by the Minister.

(2.2) The National Environmental Quality Promotion and Conservation Act B.E. 2535 (1992). The project must conduct the EIA report with two times a participatory process, namely, the first time at the initial stage of the project to hear opinions on the draft proposal of the project and the scope of the study and, the second time, during the preparation of the draft report, measures to prevent and correct the environmental impact, as well as the area rehabilitation plan after the expiration of the concession. For the project that requires the EHIA report, four times participation is required: (1) To listen to opinions on the scope of the study; (2) For participation in the impact assessment; (3) For hearing opinions on the draft report; and (4) For the authorized approval agencies to organize the process for hearing opinions and to clarify in detail.

(3) In addition, the Mineral Act B.E. 2560 (2017) and the relevant subordinate legislation require the preparation of basic information on the environment and public health and creating a barrier area in the case that the mine may result in causing highly adverse impacts to the quality of environment and public health.

(4) At present, every step of the environmental and social impact assessment of the mining project considers the importance of three types of impacts from large-scale projects: (1) The impact of environmental pollution on health; (2) Forcing communities to relocate without compensation or insufficient plans; and (3) Lack of public consultation or inadequate studies with communities that are affected by the development of large-scale projects. Therefore, the Department of Primary Industries and Mines (DPIM) has emphasized the accuracy and transparency of information in every step from preparation of the area for the request for permissions, details of areas and communities, geological report, mining project plans and area rehabilitation, the EIA report, details and the opinions of the community, both according to the requirements of the mineral law and the law on the promotion and conservation of national environmental quality. As well as these issues, details of the consideration of the Environmental Impact Assessment Report from the Specialist Committee are to be stipulated as additional conditions for approval.

The government has encouraged people around the project area to participate in public consultations in several steps as follows:

1. 1. The procedure for requesting a mining concession certificate: Section 56, paragraph 2 of the Mineral Act B.E. 2560 (2017), which stipulates that after the request for a concession certificate is announced for a period of not less than 30 days, the local mineral industry official would arrange for public hearings in accordance with the criteria set by the Minister. At present, the said regulations have been established, according to the notification of the Ministry of Industry, subject: Regulations and method to listen to community comments in the area requested for a concession certificate B.E. 2561 (2018), which was announced in the Royal Gazette on 15 May 2018. The principle of the said announcement stipulates that the local mineral industry official with the village headman should prepare to hear the opinions of the villagers within a radius rim of the concession certificate requested as stipulated in each category (categories 1, 2 and 3), subject to public debate before making a report to the local government administration for an opinion and presenting to the authorized official for further consideration on the issuance of a concession certificate. In this process, relevant citizens can discuss and express opinions, concerns and suggestions.
   2. The process of developing the environmental impact assessment report: In the preparation for the analysis report on environmental impact, the Office of the Natural Resources and Environmental Policy and Planning stipulated that a public hearing of community during the beginning of the project must be arranged by informing the relevant agencies, notifying the public, organizing the first opinion survey and summarizing opinions. After that, they should arrange another public hearing during the preparation for a draft report and measures for prevention and correction of environmental impact by informing the relevant agencies, notifying the public, organizing the second public hearing and summarizing opinions. The results of the hearing will be put in the EIA report for further consideration by the Specialist Committee.
   3. During the mining process: The Department of Primary Industries and Mines (DPIM) would establish a civilian network to monitor the mining environment quality. Their responsibility is to report the environmental impact of dust, loud noise, vibration, etc. to the DPIM. If the network reports that it was affected from the mining operation, an investigation team will be sent to investigate. Should the examination results show that the mine causes real impacts, the mine operator will be ordered to improve and address the problems. The results of the problem solving will be sent to the network for information. Currently, there are 490 civilian networks covering most areas of mining and the Department of Primary Industries and Mines (DPIM) continues to strengthen the network by providing training to educate the network on environmental quality surveillance as well as constantly organizing activities to stimulate network performance.

3.2.3 Action Plan (2019–2022)

Pillar 1: State duties in protecting (Protect)

Read more about Extractives sector

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)

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)

Read more about Extraterritorial jurisdiction

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

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)

Read more about Finance & banking sector

The Thai NAP does not make a direct or explicit reference to the Fisheries and Aquaculture sectors.

Read more about Fisheries and aquaculture sectors

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

3.1 Action plan on labour

3.1.1 Overall situation

Thailand also places emphasis on the prevention and suppression of human trafficking in labour, especially in the fishery industries. The Prime Minister announced “Combating human trafficking as a national agenda” and assigned relevant departments to focus on human trafficking suppression and seriously prosecute government officials involved. After the announcement of National Agenda, the government has set a clear policy for “Eliminating all forms of human trafficking”, considering it a violation of human dignity and against human rights principles. The budget has been increased to support the operation in all areas. Laws are being drafted to be more stringent including increasing the efficiency of lawsuits, rehabilitation and remedy for victims and witness protection, as well as improving better preventive measures to reduce the risk of becoming victims of human trafficking, and including improving various operations in accordance with international standards with concrete works such as taking disciplinary actions on government officials who were involved in human trafficking in both civil and criminal cases.

3.1.3 Action Plan (2019–2022)

Pillar 1: State duties in protecting (Protect)

Read more about Forced labour & modern slavery

The Thai NAP does not make an explicit reference to freedom of association.

Read more about Freedom of association

The Thai NAP does not make a direct reference to the Garment sector.

Read more about Garment, Textile and Footwear Sector

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)

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

2.3 Elimination of discrimination in the workplace

• State enterprises and the business sector should increase the employment of women … by considering as appropriate, including requiring the establishments for proper facilities set-up.

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

3.2.3 Action Plan (2019–2022)

Pillar 1: State duties in protecting (Protect)

3.3.3 Action Plan (2019–2023)

Pillar 1: State duties in protecting (Protect)

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

Read more about Gender & women’s rights

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)

3.4.3 Action Plan (2019–2022)

Pillar 1: State duties in protecting (Protect)

Read more about Guidance to business

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

3.1 Action plan on labour

3.1.1 Overall situation [page 28]

The Office of the Thai Health Promotion Foundation has implemented a project to improve the well-being of informal workers and develop mental health promotion models to help “reduce suffering and create happiness” among labourers, both in the field of health training for informal labour leaders and creating incentives for informal workers to change health behaviours to increase happiness and reduce stress in their lives. After participating in various activities, it was found that informal labour leaders had an average happiness equal to 32.36 points, up from the original 30.28 points (27 to 32 points mean an average happy person) and the average stress is 4.14 points, down from the previous 5.08 points (0–4 points means less stress) which results in an increase in happiness levels and less stress levels.

3.1.2 Challenges

Challenges identified in this section come from the information gathered during regional consultations and discussions with various sectors continuously during 2016–2019. It has been found that there are still many challenges that people expect the government to accelerate in solving problems related to labour issues. These can be summarized as follows:

• Elimination of employment discrimination and discrimination in workplace. Relevant laws should be reviewed and amended to protect and eliminate employment discrimination in all cases. The Gender Equality Act 2015, especially Section 17, should be reviewed whereas awareness of the Act as well as complaint mechanism under this Act should be raised among all sectors. Equal employment regardless of gender discrimination should be promoted. The following problems should be addressed, for example, termination of employment due to pregnancy, forced HIV testing before and during work, discrimination against employees with HIV in workplace … [page 30]
• Access to healthcare for workers. Employers should oversee and provide medical treatment, and certify health insurance for workers as well as ensure the right to access to the universal healthcare coverage scheme for workers including migrant workers without discrimination. [Page 31]

3.1.3 Action Plan (2019–2022)

Pillar 1: State duties in protecting (Protect)

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

2.1    Elimination of discrimination in the workplace

• State enterprises and the business sector must not consider not employing or terminating employment due to HIV infection.

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

3.2.1      Overview of the situation [page 62]

… in determining the process of participation of the community and the public, Section 58 under the section of the State duty, stipulates that individuals and communities have the right to receive information, explanations and reasons from government agencies before allowing anybody to do what may affect resources, quality of life, health, sanitation, quality of life or any issue seriously affecting people or communities. The government must conduct studies and assess the impact on the quality of the environment and health of people or communities, and arrange for public hearings in which people and communities are involved.

…

However, the fast development of industrialized areas of the country and the use of modern technology for development results in affecting more parts of nature, and at the same time it also results in negatively affecting others in various fields, including the impact on natural resources and their depletion, natural disasters that occur frequently and more violently than in the past, and direct negative health effects from using technology such as pesticides in new farming practices and indirectly due to the quality of natural resources depletion in various fields such as land, water and air. Therefore, it is a challenge that the government has duties and responsibilities to supervise an appropriate development level for the country to create a balance between the use of natural resources at the appropriate levels and guidelines to drive the growth of the country, together with the conservation of natural resources for the highest benefit as well as sustainability of the country in every dimension.

…

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

(1)         Minerals Act B.E. 2560 (2017) and related subordinate legislation divided mining into three types according to the size of the area, types of minerals, geological characteristics of the mineral resources, mining methods and impacts on the quality of environment and public health that may arise from mining. [65]

(3)         In addition, the Mineral Act B.E. 2560 (2017) and the relevant subordinate legislation require the preparation of basic information on the environment and public health and creating a barrier area in the case that the mine may result in causing highly adverse impacts to the quality of environment and public health.

(4)         At present, every step of the environmental and social impact assessment of the mining project considers the importance of three types of impacts from large-scale projects: (1) The impact of environmental pollution on health; (2) Forcing communities to relocate without compensation or insufficient plans; and (3) Lack of public consultation or inadequate studies with communities that are affected by the development of large-scale projects.

Read more about Health and social care

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)

3.3 Action plan for human rights defenders

3.3.1 Overview of the situation

… the processes, mechanisms and measures for protecting human rights defenders to be safe and able to fully use their rights and freedom to work and live. In the past, there have been many actions in this area, which can be summarized as follows:

1.Appointing a working group to develop measures to protect human rights defenders that are at risk of being violated (White List) The Ministry of Justice issued an order No. 412/2557 dated 28 October 2014 to appoint the working group chaired by the Director-General of the Rights and Liberties Protection Department with representatives from the government and the civil society sector to join as members of a working group. Their power and duties are to consider the criteria, guidelines and measures for the protection of human rights defenders and to consider the relevant rules, regulations and policies in order to establish guidelines for the protection of human rights defenders according to international standards and to perform other tasks as assigned. The working group meets continuously to determine the criteria and qualifications of human rights defenders, by decoding the action of human rights defenders and exchanging experiences.

2. Organizing a workshop to lay out guidelines for protecting human rights defenders The Rights and Liberties Protection Department conducted a workshop to set up a guideline to protect human rights defenders on 1 September 2016 by listening to opinions and views on the establishment of the guideline and categorizing the degree of the safety of human rights defenders into four groups, which are:

1) The black group means the human rights defenders threatened with death in which case compensation for damages should be given. Follow-up should be done to see if the relatives or those involved in the case of these human rights defenders are still at risk.

2) The red group means a group of human rights defenders that have been threatened such as by phone calls, threats or assault but the threats are not life-endangering.

3) The orange group means a group of human rights defenders that have been prosecuted. By using the law as a tool to attack human rights defenders, this causes disruption to their work, as they have to fight these other cases.

4) The grey group means a group of human rights defenders that have started to be attacked. It is unclear that there will be violence, but possibility that violence may occur.

In addition, the meeting also proposed to divide a framework into three measures as follows:

3. Developing a manual for human rights defenders. The Rights and Liberties Protection Department has collaborated with various sectors in developing a manual for human rights defenders and distributing to human rights defenders in the area of field visits or coming into contact with the Rights and Liberties Protection Department.

4. Adjusting the request and fact inquiry form (Form Kor Por Sor-17-02) of the Rights and Liberties Protection Division The Rights and Liberties Protection Department has adjusted the request forms to increase channels of communication to request assistance or make complaints on issues relating to the operation of human rights defenders.

5. Field visit to monitor the situation of human rights defenders who are violated or are at risk of being violated.

6. Preparing a weekly report on the situation of violation against rights, liberties and human rights to the Prime Minister. The Rights and Liberties Protection Department was assigned by the Minister of Justice to prepare a weekly report on the situation of violations of rights, liberties and human rights to the Prime Minister.

7. Revising the Act on Witness Protection in Criminal Case B.E. 2546 (2003) The Rights and Liberties Protection Department is currently proposing to amend the bill to cover cases of intimidation that have not yet entered into the justice process, in order to increase protection channels for human rights defenders.

8. Include issue of human rights defenders. The Rights and Liberties Protection Department will include issues for human rights defenders as one of the main issues under the 4th National Human Rights Plan, which will be effective in 2019–2022.

9.Establishing a committee on managing complaints related to torture and enforced disappearance.

In addition to the work of the Ministry of Justice, on 1 May 2018, the National Human Rights Commission has suggested measures or guidelines for the promotion and protection of human rights regarding human rights defenders.

The Office of the Court of Justice has attempted to amend the law to prevent the Anti-Strategic Lawsuit Against Public Participation (SLAPP) by proposing to amend the Criminal Procedure Code, Section 161/1, in order to allow the court to exercise discretion in the event that the people are plaintiffs (meaning the victim is a person or juristic person).

In addition, the Office of the Court of Justice has attempted to present the draft Criminal Procedure Code, Section 165/2 to be added in with Section 165 … the newly drafted Section 165/2 specifies that the defendant may state facts to the court, or an important issue. … the law amendment on the issue will be another measure to help protecting human rights defenders from being falsely prosecuted.

Currently, many agencies have worked to create an understanding with affiliated staff regarding the work of human rights defenders, for example, the Ministry of Interior issued a letter to the governor of every province to inform the guidelines for prevention and resolving unrest from objections to implementing various government agencies’ projects and the private sector in the area. The Ministry of Defence also disseminated an operation manual for military personnel and civilians to look after demonstrators. Also, the Ministry of Justice through the Rights and Liberties Protection Department enacted a Mediation Act B.E. 2562 (2019) in order to set up a central dispute resolution system by government agencies including mediation in criminal cases in the investigative level, giving more options for people to terminate or dispute resolution voluntarily to the satisfaction of both parties, which is to strengthen reconciliation in society. These measures are considered additional measures of protection for human rights defenders as well.

3.3.3 Action Plan (2019–2023)

Pillar 1: State duties in protecting (Protect)

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.

2.1 Compliance with laws, measures and principles of human rights relating to the protection of human rights defenders

• State enterprises and the business sector must comply with the law, measures and principles of human rights relating to the protection of human rights defenders.
• State enterprises and the business sector should provide channels which their personnel can access for disseminating knowledge and understanding about laws, measures and principles of human rights related to protection of human rights defenders.
• State enterprises and the business sector must cooperate with government agencies and international organizations to follow the monitoring and prosecution of human rights defenders.
• State enterprises and the business sector should understand the role of human rights defenders in their job to protect them and ensure that they will not be terminated or prosecuted just because of their work for protecting the human rights of others.

2.2 Enhancing knowledge and understanding about the work of human rights defenders

• State enterprises and the business sector should study and understanding the role of human right defenders’ work.
• State enterprises and the business sector must cooperate in participation with government agencies’ activities organized to educate about the work of human rights defenders.
• State enterprises and the business sector should provide a forum to discuss with human rights defenders in order to create an understanding of working together.
• State enterprises and the business sector should disseminate and publicize the duty of human rights defenders to their staff and networks.

2.3 Establishing measures to protect human rights defenders

• State enterprises and the business sector must provide an overview of the situation working with human rights defenders when requested by government agencies.
• State enterprises and the business sector should participate with government agencies in implementing measures to protect human rights defenders and understanding the roles of human rights defenders.
• State enterprises and the business sector and civil society should collaborate constructively in the prevention, mitigation and remedy of adverse human rights impacts.
• State enterprises and the business sector should clearly assign personnel or agencies to correctly enhance knowledge and understanding to their staff regarding the work of human rights defenders to prevent misunderstandings and harassment between each other.

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.

Read more about Human rights defenders & Civic space

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)

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)

Read more about Human rights impact assessments

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

3.2.3 Action Plan (2019–2022)

Pillar 1: State duties in protecting (Protect)

Read more about Indigenous Peoples

The Thai NAP does not make an explicit reference to information and communications technology (ICT) & electronics sector. 

Read more about Information and communications technology (ICT) and electronics sector

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

3.4 Action Plan on Cross Border Investment and Multinational Enterprises

3.4.2 Challenges

Investment promotion

Government should consider human rights impacts before signing international trade or investment agreements and treaties. Review provisions for a stabilization clause in the investment agreement that will not affect government policies to promote the UNGPs. Measures for business organizations located in the territory or jurisdiction of the sovereignty of Thailand must comply with The UNGPs. The determination of measures to initiate or develop any project must consider the public interest, rights of public participation, and the impact on the people in the project area before deciding to implement the project. Establish foreign country investment supervision measures of Thai investors to respect human rights principles. Establish measures for businesses that receive investment support and ensure business investment respects human rights. Conduct a study of risks of human rights impacts in providing public services by independent academics to be accepted by people in the area and society. Determine measures and mechanisms to supervise the resolution of the impact. Propose the use of human rights risk assessment principles and human rights surveillance in the preparation of public service and joint venture agreement (in the case of the government authorizing the private sector to act). Consider cancelling assignments of the private sector to proceed with the construction of projects related to the infrastructure and public services through joint venture agreements (public-private partnerships).

3.4.1 Overview of the situation

… in the past, the Thailand Board of Investment (BOI) has implemented various measures to stimulate and encourage foreign investors to invest in Thailand, such as providing tax privileges to foreign businesses that invest in 10 categories of S-Curve Industries and opportunities to participate in Public Private Partnerships (PPPs) in communications infrastructure, including the government policy to push for the Eastern Economic Corridor (EEC) project.

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)

Read more about Investment treaties & investor-state dispute settlements (ISDS)

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)

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)

3.3 Action plan for human rights defenders

3.3.3 Action Plan (2019–2023)

Pillar 1: State duties in protecting (Protect)

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

Read more about Judicial remedy

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

The government has maintained an equilibrium in looking after its people to be able to have land and access natural resources fairly by establishing the National Land Policy Committee (NTC) in 2014 with the Prime Minister acting as the chairperson of the committee. The committee consists of executives from government agencies related to forestry, land, natural resources and the environment with the objectives to (1) Reduce social inequality and create opportunities to access to government services; (2) Maintain natural resources security by creating a balance between conservation and sustainable use, accelerate the process of land protection and reform, and conserve forest and wildlife; (3) Solve long-term problems of landlessness for farmers and encroachment on reserved forest by distributing ownership rights to people in the non-reserved area and issue measures to prevent the change of hands of land rights to non-farmers; (4) Organize land management systems such as establishing clear boundaries and speed up the process of the proof of rights; (5) Modernize the law and effectively and fairly enforce it; (6) Establish a land ownership registration database; (7) Expedite land allocation for the underprivileged who do not have land ownership; and (8) Certify the joint rights of the community to manage the land.

Land management for the community is a government action according to the important policy under the National Land Policy Committee by organizing land to the community in the form of collective plots. The land will come with no ownership but groups or communities are allowed to use land in cooperative or other suitable forms in accordance with the criteria and conditions specified by the National Land Policy Committee. The government agencies authorized by law, based on types of land, are eligible to set regulations, rules, obligations, and conditions under the approval of the National Land Policy Committee, according to the conceptual framework of the Sufficient Economy Philosophy and the community co-existing with forests. The benefits that people receive are to use or live on government land legally while occupations and marketing are systematically promoted and developed. This is to allow people to be secure, earn more income and live a better life, and it also helps prevent and solve the problems of land encroachment and land trading.

The government amended the Agricultural Land Lease Act B.E. 2524 (1981) to be the Land Lease for Agriculture Act (No. 2) B.E. 2559 (2016), which came into effect on 30 2559 (2016, to be more flexible. The tenant and the lessor are agreed appropriately with the government as a central mechanism supervising for a fair deal. The amendment of this law does not apply to tenants who are legal entities. The lease period and the rental fee are set in order to be fair to both the tenants and the landlord and prohibiting foreigners from renting land for agricultural purposes, in order to protect the rights in agricultural areas of Thailand to Thai national tenants only. …

For the problem of land encroachment of reserved forest of villagers in the area, at present, the government has allowed the community to participate in negotiations to find a solution together instead of forcing them to move out. The forestry officers and the villagers in the area will jointly define the boundary for the living areas and agree not to encroach into the restricted area, at the same time, villagers must help to monitor the encroachment and conserve the fertile forest areas, resulting in the decrease of deforestation and a considerable shifting of cultivation fields.

3.2.3 Action Plan (2019–2022)

Pillar 1: State duties in protecting (Protect)

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

2.1 Compliance with laws, standards and principles of human rights relating to the environment, natural resources, community and land

• State enterprises and the business sector must review the organization’s rules and regulations and improve them to comply with relevant laws, standards and principles of human rights related to the environment, natural resources, community and land, especially the UNGPs, to prevent human rights violations.
• State enterprises and the business sector must promote and monitor their subsidiaries, including their supply chain in respect to relevant laws, standards and human rights principles related to the environment, natural resources, community and land.
• State enterprises and the business sector must cooperate with the government and international organizations in the event of monitoring and review compliance with laws, standards and principles of human rights related to the environment, natural resources, community and land.
• The state enterprises should have appropriate measures and remedies provided in case of land expropriation from people, including coordinating with relevant government agencies to inform the public in advance.

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

Read more about Land and natural resources

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)

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

3.2.1 Overview of the situation

The Department of Industrial Works has specified the location of factories to be away from public places or communities and defined the specification of the type and size of the factory that requires having environmental personnel at the factory to determine the amount of pollution (water pollution, air pollution, soil pollution and sound/noise pollution) that can be released into the environment. They will also assign a specialist to be responsible for the safe storage of hazardous materials under the responsibility of the Department of Industrial Works in accordance with the Hazardous Materials Act B.E. 2535 (1992) including regulation criteria to eliminate waste or unused waste and the supervision of chemicals and hazardous waste as well. The steps in determining the authorization to establish or expand the factory that needs to prepare the Environmental Impact Assessment Report (EIA) must go through the process of the public hearing as required by the Ministry of Industry for safety. There are safety measures from the risk assessment of the factories that must prepare a risk analysis report for the potential dangers in operating a factory. Criteria are set for hazard identification for risk assessment and the preparation of risk management plans and safety measures for the working environment including boilers, industrial gas, chemicals, radioactive materials, electrical systems in the factories, fires and cold storage.

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)

Read more about Mandatory human rights due diligence

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)

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

2.2 Labour rights and welfare

• State enterprises and the business sector that use migrant workers should be responsible for the costs of recruiting labour and other expenses in accordance with the “employer pay principle”.

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

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

3.2.1 Overview of the situation

The Industrial Estate Authority of Thailand is assigned by the government to develop industrial estates in three Special Economic Zone (SEZ) areas in three provinces: Sa Kaeo Industrial Estate, Sa Kaeo Province, Sadao Industrial Estate, Songkhla Province, and industrial estates in the Special Economic Zone in Tak Province. Each industrial estate established has studied the impact on environment, economy, society and community through the preparation of the environmental impact assessment report and use it as a tool to create preventative and alleviative measures towards environmental impact and to monitor environmental quality. One of the measures requires factories in the industrial estates to pay attention to the importance of hiring local labour which will help reduce migrant labour problems. But if using migrant workers is a necessity, the operator should choose only registered ones.

Read more about Migrant workers

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

3.2.3 Action Plan (2019–2022)

Pillar 1: State duties in protecting (Protect)

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.

Read more about National Human Rights Institutions (NHRIs)/ Ombudspersons

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)

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)

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)

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)

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.

Read more about Non-judicial grievance mechanisms

Thailand is not a member country of the OECD. The Thailand NAP makes no reference to OECD National Contact Points (NCPs).

Read more about OECD National Contact Points (NCPs)

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

3.1 Action plan on labour

3.1.1 Overall situation

For the promotion of people with disabilities to enter a career and have a better quality of life, the Ministry of Labour and the Ministry of Social Development and Human Security jointly announced their cooperation to support the employment of people with disabilities to develop the potential of improved work by setting a target of employment of 10,000 people with disabilities and a Memorandum of Agreement between the Ministry of Public Health, Ministry of Labour and the Ministry of Social Development and Human Security signed to coordinate the employment of people with disabilities in the community to work in a government agency under the Ministry of Public Health. In addition, the Civil State for Society Project can also help the employment of people with disabilities with more work. Many businesses including educational institutions have also put efforts into hiring people with disabilities.

3.1 Action plan on labour

3.1.3 Action Plan (2019–2022)

Pillar 1: State duties in protecting (Protect)

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

2.3 Elimination of discrimination in the workplace

• State enterprises and the business sector should increase the employment of … persons with disability … . by considering as appropriate, including requiring the establishments for proper facilities set-up.

Read more about Persons with disabilities

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)

Read more about Privatisation

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

3.1 Action plan on labour

3.1.2 Challenges

• Public procurement: The Public Procurement and Supplies Management Act 2017 should be amended by requiring the state to examine human rights protection of business organizations and state-owned enterprises that benefit from government procurement, including consideration of adding respect and protection of human rights in the law and government procurement contracts for the business sector and state enterprises.

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)

Read more about Public procurement

The Thai NAP does not make an explicit reference to security sector. 

Read more about Security & Defence sector

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

3.4 Action Plan on Cross Border Investment and Multinational Enterprises

3.4.1 Overview of the situation

TDI (Thai Direct Investment Abroad) is not only causing money to flow outside of the country, but if looking at the opposite side, foreign investment will help expand the supply chain and expand export channels for Thai investors in the form of an “Investment-Induced Trade” strategy by creating more value for the economy through investment in potential countries. In addition, in the future, it may be a way to convince small companies that are in the same supply chain to invest more, which will expand the regional supply chain of Thailand to be stronger.

3.4.3 Action Plan (2019–2022)

Pillar 1: State duties in protecting (Protect)

4. The promotion of implementation of the National Action Plan on Business and Human Rights and mechanisms for monitoring, follow-up and evaluation of the National Action Plan on Business and Human Rights

4.2 Examples of long-term activities (4 years)

Read more about Small & medium-sized enterprises (SMEs)

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

2.1 Compliance with labour laws, the Thai Labour Standards and the principles of human rights

• State enterprises and the business sector must provide an announcement or a statement on the human rights policy in their organizations. This includes the UNGPs.
• State enterprises and the business sector must implement the Thai Labour Standards, respecting and strictly complying with labour laws.
• State enterprises and the business sector must promote knowledge about labour laws, the Labour Standards and human rights principles, both in Thailand and internationally, to labour in the workplace.
• State enterprises and the business sector must cooperate with government agencies and international organizations in case there is an inspection of operation under labour laws, the Labour Standards and human rights principles.

2.2 Labour rights and welfare

• State enterprises and the business sector should provide welfare for workers and their families, such as childcare centres in a workplace.
• State enterprises and the business sector should not force workers to work overtime. Overtime work must be voluntary or by necessity, such as without doing so would cause damage. Overtime work should be proposed to workers systematically depending on the necessity.
• State enterprises and the business sector should establish measures to certify or insure health care for workers in the workplace.
• State enterprises and the business sector that use migrant workers should be responsible for the costs of recruiting labour and other expenses in accordance with the “employer pay principle”.

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.

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.

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

2.1   Compliance with laws, standards and principles of human rights relating to the environment, natural resources, community and land.

• State enterprises and the business sector must review the organization’s rules and regulations and improve them to comply with relevant laws, standards and principles of human rights related to the environment, natural resources, community and land, especially the UNGPs, to prevent human rights violations.
• State enterprises and the business sector must promote and monitor their subsidiaries, including their supply chain in respect to relevant laws, standards and human rights principles related to the environment, natural resources, community and land.
• State enterprises and the business sector must cooperate with the government and international organizations in the event of monitoring and review compliance with laws, standards and principles of human rights related to the environment, natural resources, community and land.
• The state enterprises should have appropriate measures and remedies provided in case of land expropriation from people, including coordinating with relevant government agencies to inform the public in advance.

2.2  Open to the participation of public and communities

• State enterprises and the business sector should provide information about businesses and projects to the public, especially the community and the people in the area before, during and after the project implementation to ensure transparency.
• State enterprises and the business sector should listen to all public comments and respect the process of stakeholder participation in accordance with the UNGPs.
• State enterprises and the business sector should work closely with the community to support a production process that is valuable and suitable for the community.
• State enterprises and the business sector should communicate with the public and nearby communities to facilitate their better understanding, as well as cooperate with relevant agencies in the event of preparing for how to deal with the impact of the project.

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.

2.4  Complaint and remedy mechanisms

• State enterprises and the business sector should assess risks and conduct human rights due diligence, including preparing annual reports for public distribution.
• 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.

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.

2.1 Compliance with laws, measures and principles of human rights relating to the protection of human rights defenders

• State enterprises and the business sector must comply with the law, measures and principles of human rights relating to the protection of human rights defenders.
• State enterprises and the business sector should provide channels which their personnel can access for disseminating knowledge and understanding about laws, measures and principles of human rights related to protection of human rights defenders.
• State enterprises and the business sector must cooperate with government agencies and international organizations to follow the monitoring and prosecution of human rights defenders.
• State enterprises and the business sector should understand the role of human rights defenders in their job to protect them and ensure that they will not be terminated or prosecuted just because of their work for protecting the human rights of others.

2.2 Enhancing knowledge and understanding about the work of human rights defenders

• State enterprises and the business sector should study and understanding the role of human right defenders’ work.
• State enterprises and the business sector must cooperate in participation with government agencies’ activities organized to educate about the work of human rights defenders.
• State enterprises and the business sector should provide a forum to discuss with human rights defenders in order to create an understanding of working together.
• State enterprises and the business sector should disseminate and publicize the duty of human rights defenders to their staff and networks.

2.3 Establishing measures to protect human rights defenders

• State enterprises and the business sector must provide an overview of the situation working with human rights defenders when requested by government agencies.
• State enterprises and the business sector should participate with government agencies in implementing measures to protect human rights defenders and understanding the roles of human rights defenders.
• State enterprises and the business sector and civil society should collaborate constructively in the prevention, mitigation and remedy of adverse human rights impacts.
• State enterprises and the business sector should clearly assign personnel or agencies to correctly enhance knowledge and understanding to their staff regarding the work of human rights defenders to prevent misunderstandings and harassment between each other.

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.

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)

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

2.1  Compliance with laws, standards and principles of human rights relating to cross border investment and multinational enterprises

• State enterprises and the business sector must review the rules and regulations of their organizations and amend them to comply with laws, standards and principles of human rights related to the environment, natural resources, communities and land, especially the UNGPs, in order to prevent human rights violations.
• State enterprises and the business sector must comply with laws, regulations and standards regarding human rights in the management of business and investment in the country, in the case of investing in Thailand and in foreign countries in the case of cross border investment.
• State enterprises and the business sector should encourage and monitor their subsidiaries including their supply chain to respect the laws, regulations and standards regarding human rights, business governance and investment in Thailand in the case of investing in Thailand and in foreign countries in the case of cross border investment.
• State enterprises and the business sector should cooperate with the government and international organizations in the event of tracking and reviewing compliance with laws, regulations and standards regarding human rights, business governance and investment in Thailand in the case of investing in Thailand and in foreign countries in the case of cross border investment.

2.2  Promoting awareness of international principles and standards regarding human rights and business conduct

• State enterprises and the business sector should provide training to improve knowledge about international principles and standards regarding human rights and responsible business conduct for their affiliates and staff.
• To be transparent, state enterprises and the business sector, both for domestic investment and cross border investment, must disclose information about their projects to the public, especially the community and people in the affected areas both before, during and after the project implementation.
• State enterprises and the business sector should study the UNGPs and the OECD Guidelines on Multinational Enterprises, including communicating with their affiliates and agencies.
• State enterprises and the business sector must keep an eye on their companies’ supply chain operations including outsourcing services and subcontracting that may create adverse effects on human rights as specified in the UNGPs.

2.3 Complaint and remedy mechanism

• State enterprises and the business sector operating in Thailand and Thai entrepreneurs investing in foreign countries should conduct a risk assessment and surveillance of human rights due diligence, including disclosure of information to the public.
• 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.

Read more about State Owned Enterprises/ Public Private Partnerships

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

3.1 Action plan on labour