Thailand
On 29 October 2019, Thailand adopted its first NAP.
On 8 September 2023, Thailand adopted its second NAP.
Available NAPs
Thailand: 1st NAP (2019-2022)
NAP Development Process
Status
On the 29 October 2019, Thailand’s cabinet adopted a National Action Plan on Business and Human Rights and launched it publicay on 16 December 2019.
Congratulating Thailand on being 1st in Asia to adopt the NAP on business & human rights! The EU’s been working globally to promote the development & adoption of NAP. We stand ready to support Thailand to turn the plan into concrete actions! pic.twitter.com/b1YKfRu83C
— Pirkka Tapiola (@PirkkaTapiola) October 31, 2019
Process
During its second Universal Periodic Review in May 2016, the Royal Thai Government received a recommendation to develop, enact, and implement a NAP on business and human rights (UPR recommendation 158.49 by Sweden). The Thai government accepted this recommendation.
The Rights and Liberties Protection Department of the Ministry of Justice, is now leading the NAP process. A NAP National Committee, chaired by the Director-General of the Rights and Liberties Protection Department, Ministry of Justice, and comprising representatives of other Government ministries as well as the National Human Rights Commission of Thailand, has the mandate to draft the NAP and oversee its implementation.
As described in the above video, the Rights and Liberties Protection Department has, as of 24 November 2017, done the following to drive forward the implementation of the UN Guiding Principles on Business and Human Rights in Thailand:
At the national level
1) Established the Committee to Prescribe, Prepare, Monitor and Analyse the Implementation of the NAP (NAP National Committee) (November 2016).
2) Hosted a national dialogue on business and human rights (December 2016).
3) Held regional consultations to understand region-specific contexts of business and human rights on the four regions of Thailand (January – March 2017).
4) Prime Minister General Prayut Chan-o-cha officially announced the Royal Thai Government’s Policy on business and human rights and reaffirmed the Thai government’s commitment to implement the UNGPs through a NAP. The Prime Minister further presided over the signing of a “Memorandum of Cooperation to implement the UNGPs in Thailand”. It was signed by the National Human Rights Commission, the Ministries of Justice, Foreign Affairs and Commerce, the Federation of Thai Industries, the Thai Bankers Association, the Thai Chamber of Commerce and the Global Computing Network of Thailand (31 May 2017).
At the regional level
The Thai government hosted the Association of Southeast Asian Nations (ASEAN) Experts Meeting to exchange knowledge on the preparation of the NAP.
At the international level
The government co-hosted a side event at the 6th UN Forum on Business and Human Rights in 2017 in Geneva, Switzerland, to promote the development of the implementation of the UNGPs.
Going forward (according to the above video from November 2017) the Rights and Liberties Protection Department of the Ministry of Justice is planning to undertake the following activities:
1) Conduct further regional consultations as the final preparatory step for the preparation of the NAP,
2) Prepare the NAP and propose it to the cabinet for its approval and endorsement,
3) Disseminate knowledge on the UNGPs to different sectors of the communities on a continuous basis,
4) Ensure that the business and human rights issues are incorporated in the 4th National Human Rights Plan of Thailand.
From 26 March to 4 April 2018, the United Nations Working Group on Business and Human Rights undertook a ten-day country mission to Thailand, where they engaged in an open dialogue with various stakeholders including government, civil society organisations and business on current initiatives, opportunities and challenges to implement the UN Guiding Principles on Business and Human Rights.
The UN Working Group was informed that several consultations to seek input and comments on a first draft were being planned. However, they also noted that further efforts would be needed to ensure an inclusive process, for example by making information about the NAP process available on the Ministry’s website, an open call for input and comments, and engagement with a wider group of civil society and business actors.
In addition, the UN Working Group recommended that the NAP places special attention on the third pillar of the UNGPs (access to remedy) and the gender dimensions, and that it links with other relevant initiatives such as the 2030 Agenda for Sustainable Development.
In a press release, the UN Working Group also highlighted the need to improve protection of civic space in Thailand, including human rights defenders. They also welcomed the openness of the Thai Government to discuss remaining challenges and to see how these could be tackled and addressed in the NAP.
At the ASEAN Intergovernmental Commission on Human Rights interregional dialogue: Sharing Good Practices on Business and Human Rights on 4-6 June 2018, the Thai Government announced that the key priority issues in the NAP of Thailand will be:
1) Labour,
2) Land, environment and natural resources,
3) Human rights defenders, and
4) Cross border investment and multi-national enterprises.
The first NAP draft was released in June 2018. A revised NAP draft was released in August 2018 (Video in Thai on Facebook: Official statement of the Thai BHR Network on the Draft NAP on BHR).
Several CSOs (civil society organisations) started raising concerns in August 2018 as they felt that they were not being given the opportunity to comment on the draft NAP, which was initially scheduled to be released on September 7, 2018.
In December 2018, the Ministry of Justice of Thailand presented the latest version of the NAP to Civil Society Organisations to collect more inputs.
In February 2019, the Government of Thailand circulated a final draft of the NAP (in Thai) for public comment. The first NAP (2019-2022) was finally published in December 16, 2019.
Stakeholder Participation
The Ministry of Justice collaborated with civil society organisations on the development of a national baseline assessment to identify main gaps and priority areas for action.
The Thai BHR Network held six consultations with the government between January 2017 and March 2018 where local communities shared their recommendations on the NAP.
However, several CSOs claimed at a press conference hosted by Manushya Foundation in Bangkok on 23 August 2018 that they have been left out of the NAP drafting process.
Civil society organisations also sent an open letter to the Rights and Liberties Protection Department (RLPD), the UN Development Programme (UNDP), National Human Rights Commission of Thailand (NHRCT) and Office of the High Commissioner for Human Rights (OHCHR) about their concerns regarding the draft NAP.
In December 2018, the Ministry of Justice of Thailand presented the latest version of the NAP to Civil Society Organisations to collect more inputs and circulated a final draft of the NAP (in Thai) in February 2019 for public comment.
In March 2019, Manushya Foundation and the Thai BHR Network, submitted their Joint Comments to the Final Draft National Action Plan (NAP) on Business and Human Rights (BHR) calling on the Royal Thai Government (RTG) to ensure the effective regulation of corporate activity is inclusive of communities voices’ affected by the adverse impacts of business conducts and operations with a reflection of all their challenges and recommendations.
National Baseline Assessment (NBA)
Summary
• Published in March 2019, the NBA is comprised of 2 crosscutting working papers and 11 thematic assessments.
• Developed as an independent initiative to inform the development of an inaugural BHR NAP. The state later utilised the NBA to inform the development of the inaugural BHR, which was published in October 2019.
• Conducted and funded by a civil society organisation: the Manushya Foundation.
• Follows its own methodology based on desktop research and stakeholder consultations. Contains recommendations.
More information
In September 2017, experts from the Thai Business & Human Rights Network met to initiate the development of a National Baseline Assessment, under the supervision of the NGO, Manushya Foundation. Modeled after the DIHR/ICAR template, the NBA will be used by the Ministry of Justice in the process to develop a National Action Plan.
The NBA development process involved four sub-regional dialogues organised by the Manushya Foundation, the Rights and Liberties Protection Department and Ministry of Justice, from January to March 2017. Capacity-building workshops on the UNGPs were conducted from May to June 2017. The participation and inclusion of the most at-risk and marginalized communities in the context of business and human rights were considered, and the following stakeholders were engaged: indigenous peoples, environmental human rights defenders, migrant workers, formal and informal labour workers, LGBTI activities, persons living with HIV/AIDS, sex workers, persons with disabilities and the elderly.
CROSS-CUTTING THE 4 PRIORITY AREAS:
- Rights of Indigenous Peoples In Business Contexts in Thailand
- Applying a Gender Lens to the UNGPs in the Context of Thailand
PRIORITY AREA ONE – LABOUR RIGHTS AND STANDARDS:
- Gender-Based Discrimination and Sexual Harassment in the Workplace
- Exploitative Labour Practices: Modern Slavery, Forced Labour, Human Trafficking & Child Labour
- Discrimination Against Marginalised Communities
- Promotion of Decent Working Conditions for Formal and Informal Workers
- The Protection of Migrant Workers
PRIORITY AREA 2: COMMUNITY RIGHTS, INDIGENOUS PEOPLES, LAND-RELATED RIGHTS, NATURAL RESOURCES & THE ENVIRONMENT
- The Rights of Indigenous Peoples in Business Contexts in Thailand
- Land-Related Rights in the Context of Business and Human Rights
- Community Rights, Management of Natural Resources and the Environment
PRIORITY AREA 3: HUMAN RIGHTS DEFENDERS
PRIORITY AREA 4: TRADE AGREEMENTS & THAI OUTBOUND INVESTMENTS
- Adverse Human Rights Impact of Thai Outbound Investments
- The Impact of Investments and Free Trade Agreements on the Rights and Livelihoods of Communities
Lessons learned from the NBA processes in Thailand were included in a 2023 publication ‘An Overview of National Baseline Assessment on Business and Human Rights‘.
Follow-up, monitoring, reporting and review
The Thai NAP provides for:
4.3 Mechanisms for monitoring, follow-up and evaluation of the National Action Plan
Initially, the objectives of setting up the NAP National Committee were for it to serve as the main mechanism to oversee, monitor and evaluate the implementation of the NAP, because the Committee consists of representatives from various relevant agencies under the NAP. However, the Ministry of Justice has established the National Committee to Drive Forward the Implementation of Human Rights Affairs which the Deputy Prime Minister (who oversees the Ministry of Justice) as the chairperson. The committee’s objectives are to oversee human rights related works in the Kingdom. On 11 February 2019, the committee had their first session 1/2019 with the consensus to establish the Sub-Committee on Driving Forward the Implementation of Human Rights Affairs in Thailand. The Sub-Committee has the responsibilities to implement the action plan of Thailand and to monitor, evaluate and be alert on human rights violation issues, as well as to coordinate with relevant agencies, including the collecting of information related to human rights violations; to promote; raise awareness; and communicate on matters related to human rights, etc. Therefore, the Sub-Committee shall act as the centre to monitor, evaluate, follow up and oversee the implementation of the NAP and ensure it is in alignment with the national human rights agenda.
4.4 Evaluation of the National Action Plan on Business and Human Rights
The Ministry of Justice through the Rights and Liberties Protection Department will procure external experts, who are impartial, to evaluate the results of the first NAP. The evaluation phases will be divided into two as follows: the first phase for the duration of two years (2019– 2020) and the second phase (2021–2022). The expected outcome of this evaluation is to show the progress of the implementation of the NAP, and to propose to the cabinet for consideration and to raise awareness among the public. As such, the findings of the NAP evaluation, including information, recommendations and feedback gathered from across different sectors, will be used to revise the NAP in order to prevent and address human rights abuses by business operations, and ensure that it is relevant to the national situation and context.
According to Thai govt, “91.55% of the NAP on #bizhumanrights has been implemented…but business focused measures are a challenge…we receive pushback from the biz sector. We think mandatory implementation is the answer.” @liviosarandrea @hkaur0304 @GCNT_TH pic.twitter.com/0taEwAf56S
— Sean Lees (@seanclees) September 20, 2022
Stakeholders views and analysis on the NAP
- Manushya Foundation, Timeline of Events in the Thai BHR NAP Process, August 2018
- The Nation, Activists ignored in the drafting of rights plan, August 24, 2018
- The Nation, Thai businesses abroad need better control, December 4, 2018
- International Commission of Jurists, Thailand: Government and companies must effectively implement commitments under the National Action Plan on Business and Human Rights, September 20, 2022
- Manushya Foundation, Manushya & Human Rights Advocates call on countries to #StopNAPping at #UNForumBHR 2022!, December 23, 2022
In 2022, the CERD recommended that Thailand “[s]trengthen the implementation of its national action plan on business and human rights with a view to preventing business entities from engaging in activities that adversely affect the rights of indigenous peoples, among other groups”.
Additional resources
Manushya Foundation and the Thai BHR Network, Comments on the Final Draft National Action Plan (NAP) on Business and Human Rights (BHR) in Thailand.
Explore NAP by Issue
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) No. Issues Activities – SDG 4 and 8 – UNGPs Articles 1, 3, 4, 5 and 7 Ministry of Labour a child service centre in the workplace – SDG 8 and 11 – UNGPs Articles 1, 3, 4, 5 and 7 – Ministry of Digital, Economic and Society – Ministry of Education – Royal Thai Police – SDGs Target 11 – UNGPs Articles 1, 3, 4, 5 and 7 3.2.3 Action Plan (2019–2022) Pillar 1: State duties in protecting (Protect) No. Issues Activities Ministry of Interior – SDG 9, 11, 13, 14 and 15 – UNGPs Articles 1, 3, 4, 5 and 7 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) No. Issues Activities – SDG 11 and 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 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) No. Issues Activities – Ministry of Agriculture – Ministry of Labour – Ministry of Industry – SDG 8 – UNGPs Articles 1, 3, 4, 5 and 7 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. 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) No. Issues Activities The Office of the Securities and Exchange Commission – SDG 8 and 12 – UNGPs Articles 1, 3, 4, 5, 7, 17, 18 and 19 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 No. Issues Activities – Ministry of Commerce – Ministry of Industry – Ministry of Interior (Department of Public Works and Town and Country Planning) – National Strategy for Public Sector Rebalancing and Development – SDG 11, 13, 14 and 15 – UNGPs Articles 1, 3, 4, 5, 7, 8, 10 and 31 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) No. Issues Activities – Ministry of Justice – SDG 16 – UNGPs Articles 1, 3, 4, 10 and 25 The Thai NAP does not make an explicit reference to Data Protection and Privacy. The Thai NAP does not make an explicit reference to development finance institutions. The Thai NAP does not make an explicit reference to information and communications technology (ICT) & electronics sector. 3.2 Action plan for community, land, natural resources and the environment 3.2.3 Action Plan (2019–2022) Activities: Organize discussions and public hearing to receive people’s opinions, including from related ethnic groups in the area. The public and communities should get access to complete information and participate in decision-making processes easily, as well as giving comments on the evaluation of the effect on the environment, land expropriation considerations, land management and forest conservation of the government, etc. before undertaking any project, including large-scale projects relating to energy management, power plants, petroleum, and drilling for the exploration of natural resources, in order to encourage people and communities to have a role in determining project operation areas, considering the way of life and culture. – page 76 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) No. Issues Activities – Ministry of Natural Resources and Environment – Ministry of Industry – SDG 6, 13, 14 and 15 – UNGPs Articles 1, 3, 5 and 7 – SDG 2 – UNGPs Articles 1, 3, 5 and 7 – Meeting for consideration of the Act on People Participation in the Public Policy Process B.E. (draft) and Regulations on the Report of Pollutant Release and Transfer Registers report – SDG 11, 13, 14 and 15 – UNGPs Articles 1, 3, 5 and 7 – SDG 11, 13, 14 and 15 – UNGPs Articles 1, 3, 4, 5 and 7 – Ministry of Agriculture – Ministry of Natural Resources and Environment – Ministry of Energy – Ministry of Interior – Ministry of Industry – SDG 7, 11, 13, 14 and 15 – UNGPs Articles 1, 3, 4, 5, 7 and 8 Monitor and investigate after passing the environment evaluation to control the business sector not to violate various rights after the project has been approved. – Ministry of Industry – Set a process to monitor the project periodically – SDG 11, 13, 14 and 15 – UNGPs Articles 1, 3, 4, 5, 7 and 8 Monitor and investigate after passing the environment evaluation to control the business sector not to violate various rights after the project has been approved. – Ministry of Industry – Set a process to monitor the project periodically – SDG 11, 13, 14 and 15 – UNGPs Articles 1, 3, 4, 5, 7 and 8 – Ministry of Energy – Ministry of Industry – Access to EIA/EHIA assessment data – National Strategy for Public Sector Rebalancing and Development – SDG 11, 13, 14 and 15 – UNGPs Articles 1, 3, 4, 5, 7 and 8 – Ministry of Energy – Ministry of Industry – Ministry of Transport – National Strategy for Public Sector Rebalancing and Development – SDG 11, 13, 14 and 15 – UNGPs Articles 1, 3, 4, 5, 7 and 8 – Ministry of Natural Resources and Environment – Ministry of Industry – Ministry of Energy – Ministry of Transport – address the expected effects in the future – National Strategy for Public Sector Rebalancing and Development – SDG 11, 13, 14 and 15 – UNGPs Articles 1, 3, 4, 5, 7 and 8 – Promotion and dissemination of evaluation guidelines of Strategic Environment Assessment for agencies to follow – National Strategy for Public Sector Rebalancing and Development – SDG 11, 13, 14 and 15 – UNGPs Articles 1, 3, 4, 5, 7, 8 and 10 – Ministry of Natural Resources and Environment – National Strategy for Public Sector Rebalancing and Development – SDG 11, 13, 14, 15 and 16 – UNGPs Articles 1, 2, 3, 4, 5, 7, 8 and 10 – Ministry of Interior – National Strategy for Public Sector Rebalancing and Development – SDG 11, 13, 14 and 15 – UNGPs Articles 1, 3, 4, 5 and 7 – Ministry of Interior – National Strategy for Public Sector Rebalancing and Development – SDG 11, 13, 14 and 15 – UNGPs Articles 1, 3, 4, 5 and 7 – Ministry of Interior – SDG 10, 11, 13, 14 and 15 – UNGPs Articles 1, 3, 4, 5 and 7 – Ministry of Interior Measures to protect the human rights of local peoples – SDG 11, 13, 14 and 15 – UNGPs Articles 1, 3, 4, 5 and 7 – Ministry of Industry – Ministry of Interior – SDG 11, 13, 14 and 15 – UNGPs Articles 1, 2, 3, 4, 5, 7, 8 and 10 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 Pillar 3: Duties of the state and the business sector to provide remedy (Remedy) No. Issues Activities – SDG 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 – Ministry of the Interior – Ministry of Justice – Ministry of Industry affected persons from managing natural resources or conducting business that violates land rights, natural resources and the environment – SDG 11 and 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 – Ministry of Interior – SDG 11, 13, 14, 15 and 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 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) No. Issues Activities Manage working conditions that are suitable to their needs, including being equipped with facilities that ensure physical in person, access to the workplace, services, all instruments and equipment. This includes facilitation of persons with disabilities to access assisting tools and equipment such as wheelchairs, touch screen computers, etc. in order to help facilitate the disabled to be able to work in the same manner as other staff in the organization. Build up the capacity of staff working with the disabled to have expertise in job guidance and coaching by providing training for job guidance and coaching in order to coordinate between entrepreneurs and the disabled – Ministry of Labour project to find jobs for persons with disabilities Specially needed recruitment activities for disabled workers Activities to promote the disabled to work in the public sector – 1,750 persons with disabilities are employed. Qualitative – persons with disabilities are employed no less than 62% – 88 persons with disabilities are employed in government agencies promote employment of the disabled to work in government agencies as specified by law in the ratio 100: 1 – National Strategy for Social Cohesion and Just Society – SDG 8 and 10 – UNGPs Articles 1, 3, 4, 5, 7 and 8 Promote the workplace to provide facilities that facilitate persons with disabilities to work – National Strategy for Social Cohesion and Just Society – SDG 8 – UNGPs Articles 1, 3, 4, 5, 7 and 10 – National Strategy for Social Cohesion and Just Society – SDG 8 – UNGPs Articles 1, 3, 4, 5, 7 and 10 – SDG 8 and 10 – UNGPs Articles 1, 3, 4, 5 and 7 – Number of trainees – SDG 5 and 10 – UNGPs Articles 1, 3 and 8 – SDG 5 and 10 – UNGPs Articles 1, 3 and 8 – SDG 5, 8 and 10 – UNGPs Articles 1, 3, 4, 5 and 7 – Ministry of Interior – Ministry of Social Development and Human Security – Office of the National Security Council – National Strategy for Public Sector Rebalancing and Development – SDG 5, 8 and 10 – UNGPs Articles 1, 3, 4, 5 and 7 2.3 Elimination of discrimination in the workplace Pillar 3: Duties of the state and the business sector to provide remedy (Remedy) No. Issues Activities – National Strategy for Public Sector Rebalancing and Development – SDG 8 and 11 – UNGPs Articles 27, 28, 29 and 31 – National Strategy for Public Sector Rebalancing and Development – SDG 8 and 10 – UNGPs Articles 27, 28, 29 and 31 – Number of victims that the Commission of the Act identified and wish to receive remedies – SDG 5 and 8 – UNGPs Articles 25, 26, 27, 28, 29 and 31 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) No. Issues Activities resources and the environment – Ministry of Interior – National Strategy for Public Sector Rebalancing and Development – SDG 11, 13, 14 and 15 – UNGPs Articles 1, 3, 4, 5 and 7 – Ministry of Natural Resources and Environment – Ministry of Interior – SDG 10 and 11 – UNGPs Articles 1, 3, 4, 5 and 7 – Ministry of Interior – SDG 10, 11, 13, 14 and 15 – UNGPs Articles 1, 3, 4, 5 and 7 – Ministry of Natural Resources and Environment – Ministry of Interior – SDG 5, 10 and 11 – UNGPs Articles 1, 3, 4, 5 and 7 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) No. Issues Activities – Ministry of Industry – SDG 11 and 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 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: 3.2.3 Action Plan (2019–2022) Pillar 1: State duties in protecting (Protect) No. Issues Activities – SDG 13, 14 and 15 – UNGPs Articles 1, 3, 5 and 7 – Ministry of Agriculture – Ministry of Natural Resources and Environment – Ministry of Energy – Ministry of Interior – Ministry of Industry – SDG 7, 11, 13, 14 and 15 – UNGPs Articles 1, 3, 4, 5, 7 and 8 – Ministry of Energy – Ministry of Industry – Ministry of Transport – National Strategy for Public Sector Rebalancing and Development – SDG 11, 13, 14 and 15 – UNGPs Articles 1, 3, 4, 5, 7 and 8 3. The core content of the National Action Plan on Business and Human Rights 3.3 Action plan for human rights defenders 3.3.3 Action Plan (2019–2023) Pillar 3 Duties of state enterprises and the business sector (Remedy) No. Issues Activities – SDG 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 3.4 Action Plan on Cross Border Investment and Multinational Enterprises 3.4.1 Overview of the situation The National Human Rights Commission of Thailand has received complaints regarding the impact of cross-border business operations of Thai entrepreneurs, such as a Thai private company that was granted a land concession for sugarcane cultivation and established a sugar factory in Cambodia and violated the human rights of the Cambodian people. The National Human Rights Commission of Thailand has investigated and has ruled that though the company is not the action maker, the impact is considered a part of their direct responsibility in the case of affecting human rights. In the case that a private company has entered into a Memorandum of Agreement with the Port Authority of the Union of Myanmar to operate a deep-sea port project in the Dawei Special Economic Zone Project in Myanmar, the National Human Rights Commission has investigated and found that the construction of infrastructure of the project caused human rights violation to the Myanmar people. The National Human Rights Commission of Thailand has recommendations for relevant government agencies to consider establishing mechanisms or defining the Investment Supervision to respect the basic principles of human rights by using The UNGPs as a framework. 3.4.3 Action Plan (2019–2022) Pillar 1: State duties in protecting (Protect) No. Issues Activities – Ministry of Justice – National Strategy for Public Sector Rebalancing and Development – SDG 8, 16 and 17 – UNGPs Articles 1, 3, 4, 5, 7, 8, 9 and 10 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) No. Issues Activities – National Strategy for Human Capital Development and Strengthening – SDG 8 and 16 – UNGPs Articles 1, 3, 4, 5 and 7, 8, 9 and 10 The Thai NAP does not make a direct or explicit reference to the 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) No. Issues Activities – Ministry of Agriculture – Ministry of Labour Ministry of Industry – SDG 8 – UNGPs Articles 1, 3, 4, 5 and 7 The Thai NAP does not make an explicit reference to freedom of association. The Thai NAP does not make a direct reference to the Garment 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) No. Issues Activities – SDG 8 and 10 – UNGPs Articles 1, 3, 4, 5 and 7 – Number of trainees – SDG 5 and 10 – UNGPs Articles 1, 3 and 8 – SDG 5 and 10 – UNGPs Articles 1, 3 and 8 Ministry of Labour – SDG 5, 8 and 10 – UNGPs Articles 1, 2, 3, 5, 7 and 8 – SDG 5, 8 and 10 – UNGPs Articles 1, 3, 4, 5 and 7 Pillar 2: Responsibilities of the business sector in respecting of human rights 2.3 Elimination of discrimination in the workplace Pillar 3: Duties of the state and the business sector to provide remedy (Remedy) No. Issues Activities – National Strategy for Public Sector Rebalancing and Development – SDG 8 and 11 – UNGPs Articles 27, 28, 29 and 31 3.2.3 Action Plan (2019–2022) Pillar 1: State duties in protecting (Protect) No. Issues Activities resources and the environment – Ministry of Interior – National Strategy for Public Sector Rebalancing and Development – SDG 11, 13, 14 and 15 – UNGPs Articles 1, 3, 4, 5 and 7 – Ministry of Natural Resources and Environment – Ministry of Interior – SDG 5, 10 and 11 – UNGPs Articles 1, 3, 4, 5 and 7 3.3.3 Action Plan (2019–2023) Pillar 1: State duties in protecting (Protect) No. Issues Activities – Royal Thai Police – Office of the Attorney General – Train law enforcement agencies about policy, mechanisms, processes and measures to protect human rights defenders – National Strategy for Public Sector Rebalancing and Development – SDG 5 and 16 – UNGPs Articles 1, 3, 5 and 7 – Office of the Attorney General – Office of Court of Justice – Ministry of Defence – Ministry of Justice – Ministry of Foreign Affairs – SDG 11, 16 and 17 – UNGPs Articles 1, 3, 5, 7, 8 and 10 Pillar 3 Duties of state enterprises and the business sector (Remedy) No. Issues Activities – SDG 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 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) No. Issues Activities – SDG 5 and 10 – UNGPs Articles 1, 3 and 8 – Ministry of Labour – SDG 5, 8 and 10 – UNGPs Articles 1, 2, 3, 5, 7 and 8 – Ministry of Public Health (Sub- committee on Promotion and Protection of the rights of HIV/AIDS) – SDG 3 and 8 – UNGPs Articles 1, 3, 4, 5 and 7 – Ministry of Labour – SDG 8 and 11 – UNGPs Articles 1, 3, 4, 5 and 7 – SDG 8 – UNGPs Articles 1, 3, 4, 5 and 7 – SDG 8 – UNGPs Articles 1, 3, 4, 5 and 7 3.4.3 Action Plan (2019–2022) Pillar 1: State duties in protecting (Protect) No. Issues Activities – The Stock Exchange of Thailand – The Board of Investment of Thailand (BOI) – The Joint Standing Committee on Commerce, Industry and Banking (JSCCIB) – Ministry of Justice – Ministry of Commerce (Department of Business Development) – National Strategy for Public Sector Rebalancing and Development – SDG 8 and 16 – UNGPs Articles 1, 3, 4, 5, 7, 8 – The Stock Exchange of Thailand – National Strategy for Human Capital Development and Strengthening – SDG 8 and 16 – UNGPs Articles 1, 3, 4, 5, 7, 8 – National Strategy for Human Capital Development and Strengthening – SDG 8 and 16 – UNGPs Articles 1, 3, 4, 5 and 7, 8, 9 and 10 In initiating or developing projects, consideration must be given to public benefits, rights of public participation and impact on people in the area before deciding to proceed with the project – National Strategy for Human Capital Development and Strengthening – SDG 8 and 16 – UNGPs Articles 1, 3, 4, 5, 7, 8, 9 and 10 – Bank for Export and Import of Thailand – Office of the Securities and Exchange Commission – Ministry of Commerce (Department of Trade Promotion International) – National Strategy for Human Capital Development and Strengthening – SDG 8, 16 and 17 – UNGPs Articles 1, 3, 4, 5, 7, 8, 9 and 10 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: 3.1.3 Action Plan (2019–2022) Pillar 1: State duties in protecting (Protect) No. Issues Activities Guidelines on Prevention and Administration of HIV/AIDS in the Workplace to be used as operational guidelines for HIV/AIDS in the workplace. – Ministry of Public Health (Sub- committee on Promotion and Protection of the rights of HIV/AIDS) – SDG 3 and 8 – UNGPs Articles 1, 3, 4, 5 and 7 for All), including safety and occupational health, and use them as a baseline to create a suitable regulation or rule as an operating guidance for business – National Strategy for Public Sector Rebalancing and Development – SDG 8 – UNGPs Articles 1, 3, 4, 5 and 7 – Ministry of Public Health – SDG 3 and 8 – UNGPs Articles 1, 3, 4, 5 and 7 – National Strategy for Social Cohesion and Just Society – SDG 3, 8 and 10 – UNGPs Articles 1, 3, 4, 5 and 7 – SDG 3 and 8 – UNGPs Articles 1, 3, 4, 5 and 7 Pillar 2: Responsibilities of the business sector in respecting of human rights 2.1 Elimination of discrimination in the workplace 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. 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) No. Issues Activities – Ministry of Justice – SDG 16 – UNGPs Articles 1, 3, 4, 10 and 25 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. 2. Sign MOUs with various agencies 3. Develop a manual for human rights defenders 4. Field visits to the cases of human rights defenders to identify problems and obstacles to define suitable measures to protect human rights defenders 2. Trial operations in a pilot style 2. Include human rights defenders in the National Human Rights Plan No. 4 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) No. Issues Activities – National Strategy for Public Sector Rebalancing and Development – SDG 11 and 16 – UNGPs Articles 1, 3, 5 and 7 – National Strategy for Public Sector Rebalancing and Development – SDG 11, 16 and 17 – UNGPs Articles 1, 3, 5 and 7 and related measures – National Strategy for Public Sector Rebalancing and Development – SDG 16 – UNGPs Articles 1, 3, 5 and 7 – National Strategy for Public Sector Rebalancing and Development – SDG 16 – UNGPs Articles 1, 3, 5 and 7 – Royal Thai Police – Office of the Attorney General – Train law enforcement agencies about policy, mechanisms, processes and measures to protect human rights defenders – National Strategy for Public Sector Rebalancing and Development – SDG 5 and 16 – UNGPs Articles 1, 3, 5 and 7 – SDG 16 – UNGPs Articles 1, 3, 5 and 7 – Ministry of Defence – Ministry of Justice – Other related agencies – National Strategy for Public Sector Rebalancing and Development – SDG 11 and 16 – UNGPs Articles 1, 3, 5 and 7 – Office of the Attorney General – Office of Court of Justice – Ministry of Defence – Ministry of Justice – Ministry of Foreign Affairs – SDG 11, 16 and 17 – UNGPs Articles 1, 3, 5, 7, 8 and 10 – Ministry of Justice Provided knowledge and practical guidelines regarding human rights to the Deputy District Chief and administrative staff Surveillance and suppression of risk areas in the 76 provinces of not less than once a month, and in the 878 districts, not less than 2 times a month – National Strategy for Human Capital Development and Strengthening – National Strategy for Public Sector Rebalancing and Development – SDG 11 and 16 – UNGPs Articles 1, 3, 5 and 7 – Office of the Attorney General A list of lawyers and legal counsel with expertise and understanding in defending human rights cases – SDG 16 – UNGPs Articles 1, 3, 5 and 7 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 2.2 Enhancing knowledge and understanding about the work of human rights defenders 2.3 Establishing measures to protect human rights defenders 2.4 Complaint and remedy mechanism 3. The core content of the National Action Plan on Business and Human Rights 3.2 Action plan for community, land, natural resources and the environment 3.2.1 Overview of the situation For the mining project, details of improvement of the environmental and social impact assessment system are as follows: (1) … The scope of the mining project (in accordance with the promotion and conservation of national environmental quality law defined as type 2 or type 3 mines) must include preparing the environmental impact assessment report (EIA or EHIA), dependent upon the context of each case. (2) Improvements in the environmental and social impact assessment system for mining projects in order to be prudent and concise by requiring public hearings with affected communities, both according to the mineral law and in accordance with the law on promotion and conservation of national environmental quality are as follows: 3.2.3 Action Plan (2019–2022) Pillar 1: State duties in protecting (Protect) No. Issues Activities Monitor and investigate after passing the environment evaluation to control the business sector not to violate various rights after the project has been approved. – Ministry of Industry – Set a process to monitor the project periodically – SDG 11, 13, 14 and 15 – UNGPs Articles 1, 3, 4, 5, 7 and 8 – Ministry of Energy – Ministry of Industry – Ministry of Transport – National Strategy for Public Sector Rebalancing and Development – SDG 11, 13, 14 and 15 – UNGPs Articles 1, 3, 4, 5, 7 and 8 – Ministry of Natural Resources and Environment – Ministry of Industry – Ministry of Energy – Ministry of Transport – National Strategy for Public Sector Rebalancing and Development – SDG 11, 13, 14 and 15 – UNGPs Articles 1, 3, 4, 5, 7 and 8 Pillar 2: Responsibilities of the business sector in respecting of human rights 2.3 EIA/EHIA 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 and related measures – National Strategy for Public Sector Rebalancing and Development – SDG 8 and 16 – UNGPs Articles 1, 3, 4, 5, 7, 8, 9 and 10 – Ministry of Natural Resources and Environment (Bureau of Policy and Environmental Plan) – Ministry of Transport – Ministry of Finance (Office of the State Enterprise Policy Office) – Ministry of Energy – Ministry of Industry (Office of Economic Cooperation and Neighbouring Countries (Public Organization)) – National Strategy for Human Capital Development and Strengthening – National Strategy for Public Sector Rebalancing and Development – SDG 8 and 16 – UNGPs Articles 1, 3, 4, 5, 7, 8, 9, 10, 17, 18 and 19 – Measurement discussed and selected to monitor the impact of cross-border work on health, agriculture, society and environment – National Strategy for Public Sector Rebalancing and Development – SDG 8, 13, 14, 15, 16 – UNGPs Articles 1, 3, 4, 5, 7, 8, 9 and 10 – National Strategy for Public Sector Rebalancing and Development – SDG 8, 13, 14, 15, 17 – UNGPs Articles 1, 3, 4, 5, 7, 8, 9 and 10 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) No. Issues Activities – Ministry of Interior (Department of Community Development) – Happiness of people in 52,680 villages – National Strategy for National Competitiveness Enhancement – SDG 11, 13, 14 and 15 – UNGPs Articles 1, 3, 4, 5 and 7 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) No. Issues Activities and related measures corporations, considering the Human Rights Assessment – National Strategy for Public Sector Rebalancing and Development – SDG 8 and 16 – UNGPs Articles 1, 3, 4, 5, 7, 8, 9 and 10 complies with international standards such as the OECD Guidelines for Multinational Enterprises – Ministry of Justice with international standards, such as the OECD Guidelines for Multinational Enterprises – National Strategy for Public Sector Rebalancing and Development – SDG 8, 16 and 17 – UNGPs Articles 1, 3, 4, 5, 7, 8, 9 and 10 – Neighbouring Countries’ Economic Development Corporation Agency (Public Organization) – Board of Eastern Economic Corridor (EEC) – National Strategy for Eco- Friendly Development and Growth – National Strategy for Public Sector Rebalancing and Development – SDG 8 and 16 – UNGPs Articles 1, 3, 4, 5, 7, 8, 9 and 10 – Neighbouring Countries’ Economic Development Corporation Agency (Public Organization) – Ministry of Interior – Ministry of Industry – Board of Eastern Economic Corridor (EEC) and mechanisms to discuss with affected communities – National Strategy for Eco- Friendly Development and Growth – National Strategy for Public Sector Rebalancing and Development – SDG 8 and 16 – UNGPs Articles 1, 3, 4, 5, 7, 8, 9 and 10 as comply with various rules including regulations regarding human rights of the host country by consider making guidelines for investment in each country – Bank for Export and Import of Thailand – Office of the Securities and Exchange Commission – Ministry of Commerce (Department of Trade Promotion International) trained and educated to respect human rights principles – National Strategy for Human Capital Development and Strengthening – SDG 8, 16 and 17 – UNGPs Articles 1, 3, 4, 5, 7, 8, 9 and 10 related to public services, including in the case of joint investment between the government and private sectors to prepare conducting projects relating to infrastructure and public services that are a duty of the state, including in the case that the government has assigned the private sector to do the project instead – Ministry of Natural Resources and Environment (Bureau of Policy and Environmental Plan) – Ministry of Transport – Ministry of Finance (Office of the State Enterprise Policy Office) – Ministry of Energy – Ministry of Industry (Office of Economic Cooperation and Neighbouring Countries (Public Organization)) – National Strategy for Human Capital Development and Strengthening – National Strategy for Public Sector Rebalancing and Development – SDG 8 and 16 – UNGPs Articles 1, 3, 4, 5, 7, 8, 9, 10, 17, 18 and 19 Thai business sector that invests in foreign countries – National Strategy for Public Sector Rebalancing and Development – SDG 8, 16 and 17 – UNGPs Articles 1, 3, 4, 5, 7, 8, 9 and 10 investment projects of state-owned enterprises (and Thai businesses abroad) including complaint mechanisms – Ministry of Finance (Office of the State Enterprise Policy Office) for complaints of infringement discussed and defined in relation to human rights in the projects invested by state-owned enterprises (and Thai businesses abroad) – SDG 8, 16 and 17 – UNGPs Articles 1, 3, 4, 5, 7, 8, 9 and 10 Read more about Investment treaties & investor-state dispute settlements 3.The core content of the National Action Plan on Business and Human Rights 3.1 Action plan on labour 3.1.3 Action Plan (2019–2022) Pillar 3: Duties of the state and the business sector to provide remedy (Remedy) No. Issues Activities – Number of trainings for language coordinators – National Strategy for Public Sector Rebalancing and Development – SDG 8, 10 and 16 – UNGPs Articles 25, 26, 27, 28, 29 and 31 – SDG 8 and 10 – UNGPs Articles 27, 28, 29 and 31 – Ministry of Justice – SDG 8 and 16 – UNGPs Articles 25, 26, 27, 28, 29 and 31 – 2544 (2001) and the Amendment (No. 2) B.E. 2559 (2016) to cover migrant workers that have been victims of crime – SDG 16 – UNGPs Articles 25, 26, 27, 28, 29 and 31 3.2 Action plan for community, land, natural resources and the environment 3.2.3 Action Plan (2019–2022) Pillar 3: Duties of the state and the business sector to provide remedy (Remedy) No. Issues Activities – SDG 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 – SDG 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 – SDG 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 – SDG16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 3.3 Action plan for human rights defenders 3.3.3 Action Plan (2019–2023) Pillar 1: State duties in protecting (Protect) No. Issues Activities – Office of the Attorney General A list of lawyers and legal counsel with expertise and understanding in defending human rights cases – SDG 16 – UNGPs Articles 1, 3, 5 and 7 Pillar 3 Duties of state enterprises and the business sector (Remedy) No. Issues Activities – Ministry of the Interior – Ministry of Commerce – Ministry of Industry – SDG 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 – Ministry of Justice – SDG 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 – SDG 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 – SDG 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 – SDG 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 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) No. Issues Activities – Ministry of Natural Resources and Environment Ministry of Industry – SDG 6, 13, 14 and 15 – UNGPs Articles 1, 3, 5 and 7 – SDG 2 – UNGPs Articles 1, 3, 5 and 7 – Ministry of Agriculture – Ministry of Natural Resources and Environment – Ministry of Energy – Ministry of Interior – Ministry of Industry – SDG 7, 11, 13, 14 and 15 – UNGPs Articles 1, 3, 4, 5, 7 and 8 – Ministry of Natural Resources and Environment – Office of the National Economic and Social Council – Ministry of Industry – National Strategy for Public Sector Rebalancing and Development – SDG 11, 13, 14, 15 and 16 – UNGPs Articles 1, 3, 4, 5, 7, 8, 10 and 31 certifying legal rights – SDG 11 and 16 – UNGPs Articles 1, 3, 4, 5, 7, 8 and 10 – Ministry of Natural Resources and Environment – Ministry of Interior Compensation paid to the evicted person – SDG 5, 10 and 11 – UNGPs Articles 1, 3, 4, 5 and 7 – Ministry of Industry – Ministry of Interior – SDG 11, 13, 14 and 15 – UNGPs Articles 1, 2, 3, 4, 5, 7, 8 and 10 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 Pillar 3: Duties of the state and the business sector to provide remedy (Remedy) No. Issues Activities – SDG 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 – Ministry of the Interior – Ministry of Justice – Ministry of Industry – SDG 11 and 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 – Ministry of Interior – SDG 11, 13, 14, 15 and 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 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) No. Issues Activities – The Office of the Securities and Exchange Commission – SDG 8 and 12 – UNGPs Articles 1, 3, 4, 5, 7, 17, 18 – and 19 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) No. Issues Activities – Ministry of Natural Resources and Environment (Bureau of Policy and Environmental Plan) – Ministry of Transport – Ministry of Finance (Office of the State Enterprise Policy Office) – Ministry of Energy – Ministry of Industry (Office of Economic Cooperation and Neighbouring Countries (Public Organization)) – National Strategy for Human Capital Development and Strengthening – National Strategy for Public Sector Rebalancing and Development – SDG 8 and 16 – UNGPs Articles 1, 3, 4, 5, 7, 8, 9, 10, 17, 18 and 19 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) No. Issues Activities and related measures – National Strategy for Social Cohesion and Just Society – SDG 8 – UNGPs Articles 1, 3, 4, 5 and 7 – National Strategy for Social Cohesion and Just Society – SDG 8 – UNGPs Articles 1, 3, 4, 5 and 7 – Ministry of Interior – Ministry of Social Development and Human Security – Office of the National Security Council – National Strategy for Public Sector Rebalancing and Development – SDG 5, 8 and 10 – UNGPs Articles 1, 3, 4, 5 and 7 – National Strategy for Social Cohesion and Just Society – SDG 3, 8 and 10 – UNGPs Articles 1, 3, 4, 5 and 7 – SDG 4 and 8 – UNGPs Articles 1, 3, 4, 5 and 7 – SDG 4 and 8 – UNGPs Articles 1, 3, 4, 5 and 7 – Ministry of Agriculture – Ministry of Labour Ministry of Industry – SDG 8 – UNGPs Articles 1, 3, 4, 5 and 7 – Ministry of Labour – Ministry of Interior Number of establishments and migrant workers inspected – SDG 8 – UNGPs Articles 1, 3, 4, 5 and 7 Pillar 2: Responsibilities of the business sector in respecting of human rights 2.2 Labour rights and welfare Pillar 3: Duties of the state and the business sector to provide remedy (Remedy) No. Issues Activities – Ministry of Justice – Ministry of Labour – National Strategy for Public Sector Rebalancing and Development – SDG 8 and 10 – UNGPs Articles 27, 28, 29 and 31 – National Strategy for Public Sector Rebalancing and Development – SDG 8, 10 and 16 – UNGPs Articles 25, 26, 27, 28, 29 and 31 2544 (2001) and the Amendment (No. 2) B.E. 2559 (2016) to cover migrant workers that have been victims of crime – SDG 16 – UNGPs Articles 25, 26, 27, 28, 29 and 31 3.2 Action plan for community, land, natural resources and the environment 3.2.1 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. 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) No. Issues Activities – Meeting for consideration of the Act on People Participation in the Public Policy Process B.E. (draft) and Regulations on the Report of Pollutant Release and Transfer Registers report – SDG 11, 13, 14 and 15 – UNGPs Articles 1, 3, 5 and 7 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/ Ombudspersons 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) No. Issues Activities – Ministry of Interior – Measures to protect the human rights of local peoples – SDG 11, 13, 14 and 15 – UNGPs Articles 1, 3, 4, 5 and 7 – Ministry of Interior – Ministry of Justice – SDG 11 – UNGPs Articles 1, 3, 4, 5 and 7 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 Pillar 3: Duties of the state and the business sector to provide remedy (Remedy) No. Issues Activities – Ministry of Interior – Ministry of Justice – Ministry of Public Health – Ministry of Labour – Ministry of Foreign Affairs (Department of Consular Affairs) – SDG 8 and 11 – UNGPs Articles 27, 28, 29 and 31 – National Strategy for Public Sector Rebalancing and Development – SDG 8 and 11 – UNGPs Articles 27, 28, 29 and 31 – National Strategy for Public Sector Rebalancing and Development – SDG 8 and 10 – UNGPs Articles 27, 28, 29 and 31 – Ministry of Justice – Ministry of Labour – National Strategy for Public Sector Rebalancing and Development – SDG 8 and 10 – UNGPs Articles 27, 28, 29 and 31 – Ministry of Justice – Ministry of Labour – National Strategy for Public Sector Rebalancing and Development – SDG 8 and 10 – UNGPs Articles 27, 28, 29 and 31 – SDG 8 – UNGPs Articles 25, 26, 27, 28, 29 and 31 – Number of victims that the Commission of the Act identified and wish to receive remedies – SDG 5 and 8 – UNGPs Articles 25, 26, 27, 28, 29 and 31 – SDG 8 – UNGPs Articles 25, 26, 27, 28, 29 and 31 – SDG 8 and 10 – UNGPs Articles 27, 28, 29 and 31 – Ministry of Justice – SDG 8 and 16 – UNGPs Articles 25, 26, 27, 28, 29 and 31 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 – SDG 16 – UNGPs Articles 25, 26, 27, 28, 29 and 31 – Ministry of Labour – 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 – 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 Pillar 3: Duties of the state and the business sector to provide remedy (Remedy) No. Issues Activities – Ministry of Justice – Office of the Attorney General (Office of Prosecutors Protection Rights) up a channel to receive complaints and petitions from persons impacted by business operations; and inform the public – SDG 11 and 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 – Ministry of Justice – SDG 11 and 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 in areas of conflict – SDG 11 and 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 – SDG 11 and 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 – Ministry of Industry a Hedge Fund for people who suffered from business operations – SDG 11 and 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 – Ministry of the Interior – Ministry of Justice – Ministry of Industry affected persons from managing natural resources or conducting business that violates land rights, natural resources and the environment – SDG 11 and 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 – Ministry of Interior – 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 Pillar 3 Duties of state enterprises and the business sector (Remedy) No. Issues Activities – Ministry of the Interior – Ministry of Commerce – Ministry of Industry – SDG 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 – Ministry of Justice – Office of Court of Justice – 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 – SDG 8 and 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 – SDG 8 and 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 – 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 Thailand is not a member country of the OECD. The Thailand NAP makes no reference to 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) No. Issues Activities – Manage working conditions that are suitable to their needs, including being equipped with facilities that ensure physical in person, access to the workplace, services, all instruments and equipment. This includes facilitation of persons with disabilities to access assisting tools and equipment such as wheelchairs, touch screen computers, etc. in order to help facilitate the disabled to be able to work in the same manner as other staff in the organization. – Build up the capacity of staff working with the disabled to have expertise in job guidance and coaching by providing training for job guidance and coaching in order to coordinate between entrepreneurs and the disabled – Ministry of Labour project to find jobs for persons with disabilities Specially needed recruitment activities for disabled workers Activities to promote the disabled to work in the public sector – 1,750 persons with disabilities are employed. Qualitative – persons with disabilities are employed no less than 62% – 88 persons with disabilities are employed in government agencies promote employment of the disabled to work in government agencies as specified by law in the ratio 100: 1 – National Strategy for Social Cohesion and Just Society – SDG 8 and 10 – UNGPs Articles 1, 3, 4, 5, 7 and 8 Promote the workplace to provide facilities that facilitate persons with disabilities to work – National Strategy for Social Cohesion and Just Society – SDG 8 – UNGPs Articles 1, 3, 4, 5, 7 and 10 Pillar 2: Responsibilities of the business sector in respecting of human rights 2.3 Elimination of discrimination in the workplace 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) No. Issues Activities Development and Strengthening – National Strategy for Social Cohesion and Just Society – SDG 8 – UNGPs Article 5 – Ministry of Foreign Affairs Development and Strengthening – National Strategy for Social Cohesion and Just Society – SDG 8 – UNGPs, Article 5 and related measures Development and Human Security – Ministry of Labour Development and Strengthening – National Strategy for Social Cohesion and Just Society – SDG 8 – UNGPs, Articles 1, 3, 5 and 7 review relevant laws Development and Strengthening – National Strategy for Social Cohesion and Just Society – SDG 8 – UNGPs Articles 1, 3, 5 and 7 Development and Strengthening – National Strategy for Social Cohesion and Just Society – SDG 8 – UNGPs Articles 1, 3, 4, 5 and 7 Development and Strengthening – National Strategy for Social Cohesion and Just Society – SDG 8 – UNGPs Articles 1, 3, 4, 5 and 7 Development and Strengthening – National Strategy for Social Cohesion and Just Society – SDG 8 – UNGPs Articles 1, 3, 4, 5 and 7 – SDG 8 and 10 – UNGPs Articles 1, 3, 4, 5 and 7 – National Strategy for Public Sector Rebalancing and Development – SDG 8 – UNGPs Articles 1, 3, 4, 5 and 7 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 3.2 Action plan for community, land, natural resources and the environment 3.2.1 Overview of the situation Thailand is in the process of implementing the National Economic and Social Development Plan No. 12 (B.E. 2560–2564) (2017–2021) which is being conducted with a participatory process in all regions throughout the country. The plan emphasizes four main objectives which are (1) Implementation and application of the sufficient economy philosophy; (2) Participation of people placed at the centre of development; (3) Support and promotion of national reform; and (4) Development toward stability, prosperity and sustainability for society to live happily together while dealing with changes such as the liberalization of the economy, challenges of new technology and the occurrence of severe natural disasters, and other challenges such as being caught in a middle-income trap, entering into an aging society and social inequality. In addition, the plan 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. No. Issues Activities – B.E. (draft) and issue regulations on the Report of Pollutant Release and Transfer Registers (PRTR) – Meeting for consideration of the Act on People Participation in the Public Policy Process B.E. (draft) and Regulations on the Report of Pollutant Release and Transfer Registers report – SDG 11, 13, 14 and 15 – UNGPs Articles 1, 3, 5 and 7 – Ministry of Commerce – Ministry of Industry – Ministry of Interior (Department of Public Works and Town and Country Planning) – National Strategy for Public Sector Rebalancing and Development – SDG 11, 13, 14 and 15 – UNGPs Articles 1, 3, 4, 5, 7, 8, 10 and 31 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 3.3 Action plan for human rights defenders 3.3.3 Action Plan (2019–2023) Pillar 1: State duties in protecting (Protect) No. Issues Activities – National Strategy for Public Sector Rebalancing and Development – SDG 11 and 16 – UNGPs Articles 1, 3, 5 and 7 – National Strategy for Public Sector Rebalancing and Development – SDG 11, 16 and 17 – UNGPs Articles 1, 3, 5 and 7 – National Strategy for Public Sector Rebalancing and Development – SDG 11, 16 and 17 – UNGPs Articles 1, 3, 5 and 7 Pillar 3 Duties of state enterprises and the business sector (Remedy) No. Issues Activities of Basic Principles of Justice as appropriate and with gender- sensitivity – SDG 16 – UNGPs Articles 24, 25, 26, 27, 28, 29 and 31 3.4 Action Plan on Cross Border Investment and Multinational Enterprises 3.4.3 Action Plan (2019–2022) Pillar 1: State duties in protecting (Protect) No. Issues Activities and related measures – National Strategy for Public Sector Rebalancing and Development – SDG 8 and 16 – UNGPs Articles 1, 3, 4, 5, 7, 8, 9 and 10 – Ministry of Justice with international standards, such as the OECD Guidelines for Multinational Enterprises – National Strategy for Public Sector Rebalancing and Development – SDG 8, 16 and 17 – UNGPs Articles 1, 3, 4, 5, 7, 8, 9 and 10 – Neighbouring Countries’ Economic Development Corporation Agency (Public Organization) – Board of Eastern Economic Corridor (EEC) – National Strategy for Eco- Friendly Development and Growth – National Strategy for Public Sector Rebalancing and Development – SDG 8 and 16 – UNGPs Articles 1, 3, 4, 5, 7, 8, 9 and 10 – National Strategy for Human Capital Development and Strengthening – SDG 8 and 16 – UNGPs Articles 1, 3, 4, 5 and 7, 8, 9 and 10 – Ministry of Justice – National Strategy for Human Capital Development and Strengthening – National Strategy for Public Sector Rebalancing and Development – SDG 8, 16 and 17 – UNGPs Articles 1, 3, 4, 5, 7, 8, 9 and 10 Pillar 1: State duties in protecting (Protect) No. Issues Activities – Ministry of Natural Resources and Environment (Bureau of Policy and Environmental Plan) – Ministry of Transport – Ministry of Finance (Office of the State Enterprise Policy Office) – Ministry of Energy – Ministry of Industry (Office of Economic Cooperation and Neighbouring Countries (Public Organization)) – National Strategy for Human Capital Development and Strengthening – National Strategy for Public Sector Rebalancing and Development – SDG 8 and 16 – UNGPs Articles 1, 3, 4, 5, 7, 8, 9, 10, 17, 18 and 19 3. The core content of the National Action Plan on Business and Human Rights 3.1 Action plan on labour 3.1.2 Challenges 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 – The Stock Exchange of Thailand – National Strategy for Human Capital Development and Strengthening – SDG 8 and 16 – UNGPs Articles 1, 3, 4, 5, 7, 8 The Thai NAP does not make an explicit reference to security 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) No. Issues Activities Organize human rights protection activities in small establishments. – SME Bank – Office of the Promotion of Small and Medium Enterprise for businesses, entrepreneurs, and labour considering the situation in Thailand of many small establishments – SDG 8 and 16 – UNGPs Articles 1, 3, 4, 5, 7, 8, 9 and 10 4.2 Examples of long-term activities (4 years) 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 2.2 Labour rights and welfare 2.3 Elimination of discrimination in the workplace 2.4 Complaint and remedy mechanisms 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. 2.2 Open to the participation of public and communities 2.3 EIA/EHIA 2.4 Complaint and remedy mechanisms 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 2.2 Enhancing knowledge and understanding about the work of human rights defenders 2.3 Establishing measures to protect human rights defenders 2.4 Complaint and remedy mechanism 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 – Ministry of Finance (Office of the State Enterprise Policy Office) – SDG 8, 16 and 17 – UNGPs Articles 1, 3, 4, 5, 7, 8, 9 and 10 – SDG 8 and 16 – UNGPs Articles 1, 3, 4, 5, 7, 8, 9 and 10 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 2.2 Promoting awareness of international principles and standards regarding human rights and business conduct 2.3 Complaint and remedy mechanism 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 3.1.3 Action Plan (2019–2022) Pillar 1: State duties in protecting (Protect) No. Issues Activities – SDG 8 – UNGPs Articles 1, 3, 4, 5 and 7 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 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 – The Stock Exchange of Thailand – National Strategy for Human Capital Development and Strengthening – SDG 8 and 16 – UNGPs Articles 1, 3, 4, 5, 7, 8 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 employment of the elderly, the Ministry of Labour has prepared legislation to issue an hourly minimum wage for elderly employees, and include plans to open a service centre for employment for the elderly. Tax incentives will be issued to encourage private sector agencies to hire elderly workers aged 60 years and over. Starting from the accounting period beginning on or after 1 January 2016 onwards, the private sector can file in their corporate income taxes an exemption of up to 100 percent of the money paid to senior employees in accordance with the Royal Decree on the Revenue Code regarding Tax Exemption (No. 639) 2017, which is in effect from 3 March 2017, and the Notification of the Director-General of the Revenue Department on Income Tax (No. 290) dated 14 March 2017. This measure is meant to support the elderly to have an opportunity to continue working and have sufficient post-retirement income, reducing social inequality and alleviating the government welfare budget burden on a long-term basis – as Thailand will enter the Aged Society in 2021. 3.1.3 Action Plan (2019–2022) Pillar 1: State duties in protecting (Protect) No. Issues Activities – Ministry of Labour – SDG 8 and 11 – UNGPs Articles 1, 3, 4, 5 and 7 3.2 Action plan for community, land, natural resources and the environment 3.2.1 Overview of the situation The government has tried to solve problems by raising the level of competitiveness, promoting research and development, restructuring of economic and social structures such as tax structure (inheritance tax and land tax), setting up the rules of society to be secure and fair, promoting equality and opportunity to access public resources and services, promoting good governance, and eliminating corruption and patronage systems while in the short-term, implementing measures to help farmers and low-income people affected by the economy and disasters. 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) 2. Conceptual framework, drafting process and the key substance and content of the First National Action Plan on Business and Human Rights 2.3 Key content and substance of the National Action Plan on Business and Human Rights 2.3.1 Key content Key content of NAP which consists of 1) Action Plan on Labour; 2) Action Plan on the Community, Land, Natural Resources and the Environment; 3) Action Plan on Human Rights Defenders; and 4) Action Plan on Cross Border Investments and Multinational Enterprises. The content of each of the action plans consists of the overall situation, challenges, actions to be implemented, responsible agencies, time-frame, indicators, and linkages between the implementation plan and national strategy, the SDGs, and the UNGPs. 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) No. Issues Activities Promotion and dissemination of evaluation guidelines of Strategic Environment Assessment for agencies to follow – National Strategy for Public Sector Rebalancing and Development – SDG 11, 13, 14 and 15 – UNGPs Articles 1, 3, 4, 5, 7, 8 and 10 *Note: every activity in the NAP is connected with one or more SDGs The Thai NAP does not make an explicit reference to the tourism 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. 3.4.3 Action Plan (2019–2022) Pillar 1: State duties in protecting (Protect) No. Issues Activities In initiating or developing projects, consideration must be given to public benefits, rights of public participation and impact on people in the area before deciding to proceed with the project – National Strategy for Human Capital Development and Strengthening – SDG 8 and 16 – UNGPs Articles 1, 3, 4, 5, 7, 8, 9 and 10 – Bank for Export and Import of Thailand – Office of the Securities and Exchange Commission – Ministry of Commerce (Department of Trade Promotion International) – National Strategy for Human Capital Development and Strengthening – SDG 8, 16 and 17 – UNGPs Articles 1, 3, 4, 5, 7, 8, 9 and 10 3. core content of the National Action Plan on Business and Human Rights 3.1 Action plan on labour 3.1.1 Overall situation The Royal Thai Government attaches great importance to the protection of the rights of all workers by amending the law and improving various measures to increase the protection and welfare of workers to comply with the standards of the International Labour Organization and international human rights obligations such as increasing minimum wage nationwide since 1 April 2018, the promulgation of the Social Security Act (No. 4) 2015, the Maritime Labour Act 2015, the Labour Protection Act 1998 (No. 5) 2017, (No. 6) 2017 and (No. 7) 2019, the Migrant Worker Management Royal Decree (No. 2) 2018, etc. Recently, the Ministry of Labour has drafted the Act on Prevention and Elimination of Forced Labour, which increases benefits for labour in various cases – for example, in the case of unemployment, temporarily shutdowns or the intention to cause injury, disability and death – and expands the protected group to include government temporary employees, and employees of employers who have offices abroad and employees who are working abroad. The government has taken various steps to protect the safety of workers including ratifying many Conventions of the International Labour Organization. The latest were the Convention No. 187 on the Promotional Framework for Occupational Safety and Health Convention 2006, ratified on 23 March 2016; the Maritime Labour Convention 2006, ratified on 7 June 2016; Convention No. 111 on Discrimination Employment and Occupation Convention 1958, ratified on 13 June 2017; Protocol of 2014 to the Forced Labour Convention 1930 (P29), ratified on 4 June 2018; and most recently, the Convention No.188 on the Work in Fishing Convention 2007, ratified on 30 January 2019. At present, the government has registered more than 2 million migrant workers,5 allowing them to work legally and receive equal protection and gain access to public services and benefits. Thailand also cooperates with neighbouring countries in preventing labour trafficking in all channels and signed a Memorandum of Understanding on labour cooperation and a Memorandum of Agreement on employing labour from Vietnam, Cambodia, Myanmar and Laos, expanding the dimension of labour cooperation from the original issue into important fields such as technical cooperation and skills development. In addition, the government has promulgated the Migrant Worker Management Royal Decree 2018 (No. 2), which allows employers to register migrant workers and the period of registration was extended several times to ensure opportunity for migrant workers to be legally registered. On 16 January 2018, the Cabinet approved a waiver for migrant workers from Cambodia, Laos and Myanmar who comply with the regulations to continue working in Thailand for a period of time as announced in response to the situation that Thailand still relies on labour from neighbouring countries. The Cabinet also asked all provinces to establish a management committee for migrant workers in their area and to supervise the implementation of nationality verification and establish a database of migrant workers in the province, which shows the intention to develop Thai labour standards to be equal to international standards. 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. 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. 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. For the promotion of employment of the elderly, the Ministry of Labour has prepared legislation to issue an hourly minimum wage for elderly employees, and include plans to open a service centre for employment for the elderly. Tax incentives will be issued to encourage private sector agencies to hire elderly workers aged 60 years and over. Starting from the accounting period beginning on or after 1 January 2016 onwards, the private sector can file in their corporate income taxes an exemption of up to 100 percent of the money paid to senior employees in accordance with the Royal Decree on the Revenue Code regarding Tax Exemption (No. 639) 2017, which is in effect from 3 March 2017, and the Notification of the Director-General of the Revenue Department on Income Tax (No. 290) dated 14 March 2017. This measure is meant to support the elderly to have an opportunity to continue working and have sufficient post-retirement income, reducing social inequality and alleviating the government welfare budget burden on a long-term basis – as Thailand will enter the Aged Society in 2021. Pillar 1: State duties in protecting (Protect) and related measures a gap between the law and practice, and consider improving or developing it to be in line with international standards Development and Human Security – Ministry of Labour Development and Strengthening – National Strategy for Social Cohesion and Just Society – SDG 8 – UNGPs, Articles 1, 3, 5 and 7 review relevant laws Development and Strengthening – National Strategy for Social Cohesion and Just Society – SDG 8 – UNGPs Articles 1, 3, 5 and 7 Development and Strengthening – National Strategy for Social Cohesion and Just Society – SDG 8 – UNGPs Articles 1, 3, 4, 5 and 7 Development and Strengthening – National Strategy for Social Cohesion and Just Society – SDG 8 – UNGPs Articles 1, 3, 4, 5 and 7 Development and Strengthening – National Strategy for Social Cohesion and Just Society – SDG 8 – UNGPs Articles 1, 3, 4, 5 and 7 Development and Strengthening – National Strategy for Social Cohesion and Just Society – SDG 3 and 8 – UNGPs Articles 1, 3, 4, 5 and 7 Development and Strengthening – National Strategy for Social Cohesion and Just Society – SDG 8 – UNGPs Articles 1, 3, 4, 5 and 7 – SDG 8 – UNGPs Articles 1, 3, 4, 5 and 7 Registration of recruitment licensee can be checked by the public – National Strategy for Public Sector Rebalancing and Development – SDG 8 – UNGPs Articles 1, 3 and 7 – Ministry of Justice – SDG 16 – UNGPs Articles 1, 3, 4, 10 and 25 – Number of trainees – Percentage of cognition increase – Number of documents published in foreign languages Development and Strengthening – SDG 8 – UNGPs Articles 1, 3, 4, 5, 7 and 8 – Manage working conditions that are suitable to their needs, including being equipped with facilities that ensure physical in person, access to the workplace, services, all instruments and equipment. This includes facilitation of persons with disabilities to access assisting tools and equipment such as wheelchairs, touch screen computers, etc. in order to help facilitate the disabled to be able to work in the same manner as other staff in the organization. – Build up the capacity of staff working with the disabled to have expertise in job guidance and coaching by providing training for job guidance and coaching in order to coordinate between entrepreneurs and the disabled – Ministry of Labour project to find jobs for persons with disabilities Specially needed recruitment activities for disabled workers Activities to promote the disabled to work in the public sector – 1,750 persons with disabilities are employed. Qualitative – persons with disabilities are employed no less than 62% – 88 persons with disabilities are employed in government agencies promote employment of the disabled to work in government agencies as specified by law in the ratio 100: 1 – National Strategy for Social Cohesion and Just Society – SDG 8 and 10 – UNGPs Articles 1, 3, 4, 5, 7 and 8 – National Strategy for Social Cohesion and Just Society – SDG 8 – UNGPs Articles 1, 3, 4, 5, 7 and 10 – Ministry of Labour labour preparation project, career guidance activity and employment promotion for prisoners in prisons, Civilian Development Center, Juvenile Observation and Protection Center, Recruitment for special needs groups and special employment activities for ex- convicts – National Strategy for Social Cohesion and Just Society – SDG 8 – UNGPs Articles 1, 3, 4, 5, 7 and 10 – SDG 8 and 10 – UNGPs Articles 1, 3, 4, 5 and 7 – SDG 5 and 10 – UNGPs Articles 1, 3 and 8 – Ministry of Labour – SDG 5, 8 and 10 – UNGPs Articles 1, 2, 3, 5, 7 and 8 – Ministry of Public Health (Sub- committee on Promotion and Protection of the rights of HIV/AIDS) – SDG 3 and 8 – UNGPs Articles 1, 3, 4, 5 and 7 and joining in employing women to promote gender equality – SDG 5, 8 and 10 – UNGPs Articles 1, 3, 4, 5 and 7 – Ministry of Interior – Ministry of Social Development and Human Security – Office of the National Security Council – National Strategy for Public Sector Rebalancing and Development – SDG 5, 8 and 10 – UNGPs Articles 1, 3, 4, 5 and 7 – National Strategy for Public Sector Rebalancing and Development – SDG 8 – UNGPs Articles 1, 3, 4, 5 and 7 – National Strategy for Public Sector Rebalancing and Development – SDG 8 – UNGPs Articles 1, 3, 4, 5 and 7 – Ministry of Public Health – SDG 3 and 8 – UNGPs Articles 1, 3, 4, 5 and 7 – National Strategy for Social Cohesion and Just Society – SDG 3, 8 and 10 – UNGPs Articles 1, 3, 4, 5 and 7 – SDG 3 and 8 – UNGPs Articles 1, 3, 4, 5 and 7 – Ministry of Labour a child service centre in the workplace – SDG 8 and 11 – UNGPs Articles 1, 3, 4, 5 and 7 -Ministry of Agriculture -Ministry of Labour -Ministry of Industry – SDG 8 – UNGPs Articles 1, 3, 4, 5 and 7 – National Strategy for Public Sector Rebalancing and Development – SDG 8 – UNGPs Articles 1, 3, 4, 5 and 7 – SDG 8 – UNGPs Articles 1, 3, 4, 5 and 7 -Ministry of Foreign Affairs (Department of Consular Affairs) -Ministry of Public Health – 90 percent of problems encountered by Thai labour abroad have been resolved Number of counselling sessions and giving healthcare information to Thai workers. – SDG 8 and 17 – UNGPs Articles 1, 3, 4, 5, 7 and 10 – SDG 8 – UNGPs Articles 1, 3, 4, 5 and 7 – Ministry of Labour -Ministry of Interior Number of establishments and migrant workers inspected – SDG 8 – UNGPs Articles 1, 3, 4, 5 and 7 Pillar 2: Responsibilities of the business sector in respecting of human rights 2.2 Labour rights and welfare Pillar 3: Duties of the state and the business sector to provide remedy (Remedy) No. Issues Activities – Ministry of Interior – Ministry of Justice – Ministry of Public Health – Ministry of Labour – Ministry of Foreign Affairs (Department of Consular Affairs) – SDG 8 and 11 – UNGPs Articles 27, 28, 29 and 31 – National Strategy for Public Sector Rebalancing and Development – SDG 8 and 11 – UNGPs Articles 27, 28, 29 and 31 – National Strategy for Public Sector Rebalancing and Development – SDG 8 and 10 – UNGPs Articles 27, 28, 29 and 31 – Ministry of Justice – Ministry of Labour – National Strategy for Public Sector Rebalancing and Development – SDG 8 and 10 – UNGPs Articles 27, 28, 29 and 31 – Ministry of Justice – Ministry of Labour – National Strategy for Public Sector Rebalancing and Development – SDG 8 and 10 – UNGPs Articles 27, 28, 29 and 31 – SDG 8 – UNGPs Articles 25, 26, 27, 28, 29 and 31 Number of victims that the Commission of the Act identified and wish to receive remedies – SDG 5 and 8 – UNGPs Articles 25, 26, 27, 28, 29 and 31 – SDG 8 and 10 – UNGPs Articles 27, 28, 29 and 31 – Ministry of Justice – SDG 8 and 16 – UNGPs Articles 25, 26, 27, 28, 29 and 31 – 2544 (2001) and the Amendment (No. 2) B.E. 2559 (2016) to cover migrant workers that have been victims of crime – SDG 16 – UNGPs Articles 25, 26, 27, 28, 29 and 31 – Ministry of Labour – 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 – SDG 8 and 17 – UNGPs Articles 1, 8, 25, 26, 27, 28, 29 and 31 Children’s rights
Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 10. Children of migrant workers Address the problem of access to education by children of migrant workers by providing basic education in accordance with the problem’s conditions and needs, both in the public and private system and informal (non-formal education) – Ministry of Education 2019–2022 Number of establishments received promotion of welfare other than those stated by law (places/ persons) – National Strategy for Human Capital Development and Strengthening Encouraging establishments to organize childcare centres at work by registering as child service centres in the workplace with the Ministry of Social Development and Human Security. Such establishments will receive tax deductions and children of employees and workers are taken care of with proper development. – Ministry of Social Development and Human Security 2019–2022 Number of establishments registered as – National Strategy for Human Capital Development and Strengthening Consult with the business sector to determine guidelines for service provision by taking into account children in the business sector, such as organizing staff to supervise a chat line in the mobile phone network, develop a mobile application or channel to receive complaints, refer the case to relevant agencies if there are children who need help or give counselling to children bullied in schools or support the study and research by working with relevant state agencies and CSOs – Ministry of Social Development and Human Security 2019–2022 Number of activities and services of the business sector in collaboration with other sectors that aims to protect children from cyber bullying (online media) Number of activities and services of business that aims to protect children from cyber bullying have extended their activities into schools Percentage of success in counselling and ongoing collaboration with relevant agencies – National Strategy for Human Capital Development and Strengthening Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 2. Public participation Promote participation and listening to opinions of children through the Juvenile and Youth Council mechanism in order to ensure that children and youth are acknowledged and able to comment on changes in communities that will affect the quality of their lives. – Ministry of Social Development and Human Security 2019–2022 – Collecting data of children’s comments regarding changes in the community through the Juvenile and Youth Council Implemented measures or procedures to promote, support and educate children and youth to be able to comment effectively – National Strategy for Eco-Friendly Development and Growth Conflict-affected areas
Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 2. Public participation 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 Construction sector
Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 11. Human trafficking and forced labour Consider bringing measures or labour laws which are applied to the fishery sector to be used in the supervision of labour conditions in other industrial sectors such as agriculture and construction in which many migrant workers are hired – Royal Thai Police 2019–2022 Number of at-risk establishments that have been examined – National Strategy for Human Capital Development and Strengthening Corporate law & corporate governance
Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 15. Operations set for business sector Regulate, supervise and require the large business sector and companies listed in the stock market that use migrant labour as their primary production resource, prepare a Human Rights Due Diligence report as a measure in deterring labour exploitation. The said report must be disclosed to the public in order to create awareness and be easy to review. This is important for transparency and traceability in accordance with good corporate governance. – Ministry of Industry 2019–2022 Letter circulated to the companies listed in the Stock Exchange of Thailand for disseminating the report on Human Rights Due Diligence – National Strategy for National Competitiveness Enhancement Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 4. Special Economic Zones Consider making guidelines or measures for Special Economic Zones (SEZs), including the Eastern Economic Corridor (EEC) so they adhere to the highest standards of good governance and the guideline of the corporations while the commitment to implement UNGPs should be reflected in the establishment and management of the SEZ and EEC – Office of the National Economic and Social Development Council 2019–2022 Guidelines and measures for the Special Economic Zones (SEZs), including the Eastern Economic Corridor (EEC) to comply with the highest standards of good governance and UNGPs – National Strategy for Eco-Friendly Development and Growth Corruption
Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 4. Recruitment Arrange for informers of corruption cases to enter the witness protection programme – Royal Thai Police 2019–2022 Number of witnesses entering protection and receiving safety – National Strategy for Public Sector Rebalancing and Development Data protection & privacy
Development finance institutions
Digital technology & electronics sector
Energy sector
Environment & climate change
Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 1. Developing and improving laws, regulations, policies and related measures Review, amend, revise and propose laws, regulations and measures regarding land management, water resources and climate that are affected by business operations – Ministry of Agriculture 2019–2022 Amount of laws, regulations, and measures relating to land management, water resources and climate that are affected by business operations that have been reviewed, revised, and regulated – National Strategy for Eco-Friendly Development and Growth Revise the laws that cause monopolies in agriculture – Ministry of Agriculture 2019–2022 – Number of laws reviewed and propose amendments to prevent or reduce monopolies in the agricultural sector – National Strategy for National Competitiveness Enhancement Relevant agencies took the comments and recommendations of the National Human Rights Commission of Thailand, which the Cabinet has resolved to consider improving the Act to Promote and Conserve National Environmental Quality Act B.E. 2535 (1992) and expedite enactment of the Act on People Participation in the Public Policy Process B.E. (draft) and issue regulations on the Report of Pollutant Release and Transfer Registers (PRTR) – Ministry of Natural Resources and Environment 2019–2022 – Consideration has been taken in accordance with recommendations of the National Human Rights Commission of Thailand – National Strategy for Eco-Friendly Development and Growth 2. Public participation Promoting the management of community forests to solve the problem of coexistence between forests and communities – Ministry of Natural Resources and Environment 2019–2022 – Activities, projects and measures organized to promote or solve community forest management problems – National Strategy for Eco-Friendly Development and Growth Organize discussions and public hearing to receive people’s opinions, including from related ethnic groups in the area. The public and communities should get access to complete information and participate in decision- making processes easily, as well as giving comments on the evaluation of the effect on the environment, land expropriation considerations, land management and forest conservation of the government, etc. before undertaking any project, including large-scale projects relating to energy management, power plants, petroleum, and drilling for the exploration of natural resources, in order to encourage people and communities to have a role in determining project operation areas, considering the way of life and culture. – Office of the National Economic and Social Development Council 2019–2022 Number of activities and projects organized to listen to the opinions of the people relating to operations that affect the public – National Strategy for Eco-Friendly Development and Growth 3. Environmental and Health Impact Assessment (EIA/ EHIA) Require the Environmental Impact Assessment (EIA) and the Environmental Health Impact Assessment (EHIA) to assess public participation in a neutral, independent, and transparent manner. – Ministry of Natural Resources and Environment 2019–2022 – Doing EIA/EHIA as required by law, with people and communities in the area participating – National Strategy for Eco-Friendly Development and Growth 3. Environmental and Health Impact Assessment (EIA/ EHIA) Require the Environmental Impact Assessment (EIA) and the Environmental Health Impact Assessment (EHIA) to assess public participation in a neutral, independent, and transparent manner. – Ministry of Natural Resources and Environment 2019–2022 – Doing EIA/EHIA as required by law, with people and communities in the area participating – National Strategy for Eco-Friendly Development and Growth Review and develop the evaluation system for environment impact and the process to receive public opinion and stakeholder participation from the start and in every step of the project. Inform public of the impact assessment report. Access to information must be easy and convenient. – Ministry of Natural Resources and Environment 2019–2022 – Reviewed and developed an evaluation system for environment impact and the process to receive public opinion and stakeholder participation. – National Strategy for Eco-Friendly Development and Growth Strengthen the current impact assessment process to be stronger, especially in large-scale development projects such as infrastructure and mining and energy
projects – Ministry of Natural Resources and Environment 2019–2022 – Strictly implementing the EIA/EHIA process especially on large projects – National Strategy for Eco-Friendly Development and Growth Follow up and monitor the implementation of the measures specified in the EIA report for prevention and addressing of expected impacts from the project accurately and quickly in order to be a database of projects to prevent and address the expected effects in the future – Agency that is authorized to approve the project is the main responsible agency with the following joint agencies: 2019–2022 – Monitoring of compliance with the measures set out in the EIA/EHIA evaluation report for prevention and – National Strategy for Eco-Friendly Development and Growth Prepare Strategic Environment Assessment (SEA), a systematic analysis process to assess the potential environmental impact arising from implementing and policy, plan and programme (PPP) levels to achieve the goal on sustainable environment in compliance with the SDGs – Office of the National Economic and Social Development Council 2019–2022 – Guidelines for Strategic Environment Assessment – National Strategy for Eco-Friendly Development and Growth 5. Management of natural resources and the environment Enforcing administrative- related laws in managing natural resources and the environment with regard to protection of human rights and affected communities – Office of the Attorney General 2019–2022 – Activities/projects on promotion of law enforcement in managing natural resources and the environment with efficiency – National Strategy for Eco-Friendly Development and Growth Review and develop mechanisms to manage natural resources and the environment by focusing on participation of all sectors, including women and ethnic groups – Ministry of Natural Resources and Environment 2019–2022 Reviewed and developed mechanisms to manage natural resources and the environment by focusing on participation of all sectors – National Strategy for Eco-Friendly Development and Growth Supporting the role of communities in conservation and restoring natural resources and inspecting environmental quality – Ministry of Natural Resources and Environment 2019–2022 Activities/projects to support the role of communities in conservation and restoring natural resources and environment – National Strategy for Eco-Friendly Development and Growth 7. Minorities and ethnic groups Provide mechanisms for ongoing consultation with the community and open to the public to participate in making decisions which includes minorities and ethnic groups affected by the management of land, natural resources and preserving the forest – Ministry of Social Development and Human Security 2019–2022 Mechanisms for consultation with the community includes minorities and ethnic groups affected by the management of land, natural resources and preserving the forest – National Strategy for Eco-Friendly Development and Growth 8. Development of government operations Establish a report on environmental assessment, critical business situations and cases of human rights violations that occurred, as well as specify protection measures of human rights of villagers in the area – Ministry of Natural Resources and Environment 2019–2022 – Established report on environmental assessment, critical business situations and cases of human rights violations that occurred – National Strategy for Public Sector Rebalancing and Development 9. Business operations Consider creating a mechanism to monitor businesses’ actions that violate land rights, natural resources and the environment – Ministry of Natural Resources and Environment 2019–2022 A mechanism established to monitor the actions of businesses that violate land rights, natural resources and the environment – National Strategy for Public Sector Rebalancing and Development Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 3. Prosecution Increasing efficiency in civil and criminal proceedings in cases related to the environment, natural resources and land rights – Office of the Attorney General 2019–2022 Relevant law enforcement officer strictly proceeded with civil and criminal cases related to environmental, natural resources and land rights – National Strategy for Public Sector Rebalancing and Development 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 2019–2022 Government sectors, state enterprises, and businesses have measures to remedy the – National Strategy for Eco-Friendly Development and Growth Establish a systematically plan for land restoration, natural resources and the environment in places affected by business operations – Ministry of Natural Resources and Environment 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 Equality & non-discrimination
Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 6. Eliminating discrimination in employment and the workplace Promote jobs and employment for persons with disabilities in the workplace and in public sectors by having a coordinator between entrepreneurs and the disabled, including make use of screening systems for people with disabilities to find appropriate jobs and employment. – Ministry of Social Development and Human Security 2019 Quantitative – National Strategy for Human Capital Development and Strengthening Improve the efficiency of the Fund for Empowerment of Persons with Disabilities – Ministry of Social Development and Human Security 2019–2022 Supporting the disabled to have jobs or independent employment – National Strategy for Human Capital Development and Strengthening Develop measures and mechanisms to promote employment for senior citizens to be more employed – Ministry of Labour 2019 project to expand working opportunities for senior citizens – 100,000 senior citizens get employed and earn a living – National Strategy for Human Capital Development and Strengthening – Study the feasibility and effect of the amendment of the Labour Law to be consistent with the Gender Equality Act 2015 – Ministry of Labour 2019–2022 – Number of reviews of the Labour Law – National Strategy for Social Cohesion and Just Society Disseminate knowledge and understanding about the Gender Equality Act 2015 and mechanisms under the Act to adjust people’s attitudes in society to understand and accept gender equality – Ministry of Social Development and Human Security 2019–2022 – Number of media pieces disseminated – National Strategy for Social Cohesion and Just Society Organize activities to enhance knowledge and understanding on gender diversity with various sectors, including the business sector – Ministry of Justice 2019–2022 – Percentage of understanding regarding gender diversity issues – National Strategy for Social Cohesion and Just Society Consider and determine measures, policies and mechanisms to promote women’s employment. Allow women to have roles in the labour system to create gender equality in line with international standards. – Ministry of Labour 2019–2022 Number of establishments/ businesses inspected and joining in employing women to promote gender equality – National Strategy for Social Cohesion and Just Society Consider and determine measures and mechanisms for employment of other vulnerable groups, such as ethnic groups, stateless persons and migrants, including those of diverse sexual orientation and gender identity to enter the labour system in line with international human rights principles – Ministry of Labour 2019–2022 Number of vulnerable groups employed – National Strategy for Social Cohesion and Just Society Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 1. Complaints and petitions 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 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 2. Access to the Employee Welfare Fund 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 – National Strategy for Social Cohesion and Just Society Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 5. Management of natural Review and develop mechanisms to manage natural resources and the environment by focusing on participation of all sectors, including women and ethnic groups – Ministry of Natural Resources and Environment 2019–2022 Reviewed and developed mechanisms to manage natural resources and the environment by focusing on participation of all sectors – National Strategy for Eco-Friendly Development and Growth 7. Minorities and ethnic groups Ensure minorities and ethnic groups are given importance in the strategies on policy development and various programmes, including social development, to protect minorities and ethnic groups. – Ministry of Social Development and Human Security 2019–2022 Strategies on policy development and various programmes for social welfare development and quality life for minorities and ethnic groups – National Strategy for Social Cohesion and Just Society 7. Minorities and ethnic groups Provide mechanisms for ongoing consultation with the community and open to the public to participate in making decisions which includes minorities and ethnic groups affected by the management of land, natural resources and preserving the forest – Ministry of Social Development and Human Security 2019–2022 Mechanisms for consultation with the community includes minorities and ethnic groups affected by the management of land, natural resources and preserving the forest – National Strategy for Eco-Friendly Development and Growth 8. Development of government operations Consider determining measures to certify rural development and land policies with gender- based dimensions in mind. A person should not be forced to be evicted, if there is a need to act, there should be a Free Prior Informed Consent form and the evicted person must also be compensated – Ministry of Agriculture and Cooperatives 2019–2022 – Measure to certify rural development and land policies that considered gender dimensions Compensation paid to the evicted person – National Strategy for Public Sector Rebalancing and Development Export credit
Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 4. Financial aid Study the guidelines for establishing a Hedge ECA for people who suffer from business operations – Ministry of Natural Resources and Environment 2019–2022 Studied guidelines for establishing a Hedge Fund for people who suffered from business operations – National Strategy for Eco-Friendly Development and Growth Extractives sector
Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 1. Developing and improving laws, regulations, policies and related measures Review mining laws, including issuing permits and defining mining areas – Ministry of Industry 2019–2022 – Reviewed the mining law, licensing and mining areas – National Strategy for Eco-Friendly Development and Growth 2. Public participation Organize discussions and public hearing to receive people’s opinions, including from related ethnic groups in the area. The public and communities should get access to complete information and participate in decision- making processes easily, as well as giving comments on the evaluation of the effect on the environment, land expropriation considerations, land management and forest conservation of the government, etc. before undertaking any project, including large-scale projects relating to energy management, power plants, petroleum, and drilling for the exploration of natural resources, in order to encourage people and communities to have a role in determining project operation areas, considering the way of life and culture. – Office of the National Economic and Social Development Council 2019–2022 – Number of activities and projects organized to listen to the opinions of the people relating to operations that affect the public – National Strategy for Eco-Friendly Development and Growth 3. Environmental and Health Impact Assessment (EIA/ EHIA) Strengthen the current impact assessment process to be stronger, especially in large-scale development projects such as infrastructure and mining and energy projects – Ministry of Natural Resources and Environment 2019–2022 – Strictly implementing the EIA/EHIA process especially on large projects – National Strategy for Eco-Friendly Development and Growth Extraterritorial jurisdiction
Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 3. The proceedings Enhance knowledge and skills for persons responsible for the law, regulation, and correct policy with justification for offenses outside the Kingdom – Office of the Attorney General 2019–2022 Activities to enhance knowledge for the persons responsible for the law, regulation, and correct policy with justification for offenses outside the Kingdom – National Strategy for Public Sector Rebalancing and Development Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 1. Amendments of laws, regulations, policies and related measures Study and discuss with various relevant sectors to consider guidelines for developing laws, policies or concrete mechanisms to investigate human rights violations outside the territory to provide protection and remedy and take cross-border responsibility that complies with international standards such as the OECD Guidelines for Multinational Enterprises – Ministry of Foreign Affairs 2019–2022 Improved legislation, policies or mechanisms to investigate human rights violations outside the territory to provide protection and remedy and take cross- border responsibility that complies with international standards, such as the OECD Guidelines for Multinational Enterprises – National Strategy for National Competitiveness Enhancement Finance & banking sector
Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 2. Creating investor awareness Encourage commercial banks to focus on the business operations that affect society and the environment by promoting Sustainable Banking Guidelines, which define guidelines for commercial banks consistent with the principles of Environment, Social and Governance (ESG) criteria or other practices that are accepted internationally – Bank of Thailand 2019–2022 Common guidelines for Sustainable Banking Guidelines in order to set business standards. Finance in accordance with the principles of Environment, Social and Governance (ESG) criteria or other guidelines that are accepted internationally – National Strategy for Eco-Friendly Development and Growth Fisheries and aquaculture sectors
Forced labour & modern slavery
Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 11. Human trafficking and forced labour Consider bringing measures or labour laws which are applied to the fishery sector to be used in the supervision of labour conditions in other industrial sectors such as agriculture and construction in which many migrant workers are hired – Royal Thai Police 2019–2022 Number of at-risk establishments that have been examined – National Strategy for Human Capital Development and Strengthening Freedom of association
Garment, Textile and Footwear Sector
Gender & women’s rights
Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 6. Eliminating discrimination in employment and the workplace Study the feasibility and effect of the amendment of the Labour Law to be consistent with the Gender Equality Act 2015 – Ministry of Labour 2019–2022 Number of reviews of the Labour Law – National Strategy for Social Cohesion and Just Society Disseminate knowledge and understanding about the Gender Equality Act 2015 and mechanisms under the Act to adjust people’s attitudes in society to understand and accept gender equality – Ministry of Social Development and Human Security 2019–2022 – Number of media pieces disseminated – National Strategy for Social Cohesion and Just Society Organize activities to enhance knowledge and understanding on gender diversity with various sectors, including the business sector – Ministry of Justice 2019–2022 – Percentage of understanding regarding gender diversity issues – National Strategy for Social Cohesion and Just Society Encourage entrepreneurs to issue policies, regulations, or measures to prevent sexual harassment and violence in the workplace – Ministry of Social Development and Human Security 2019–2022 – Number of businesses/ establishments that follow the Thai Labour Standards and are encouraged to have policies to protect against sexual harassment – National Strategy for Social Cohesion and Just Society Consider and determine measures, policies and mechanisms to promote women’s employment. Allow women to have roles in the labour system to create gender equality in line with international standards. – – Ministry of Labour 2019–2022 Number of establishments/ businesses inspected and joining in employing women to promote gender equality – National Strategy for Social Cohesion and Just Society Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 1. Complaints and petitions 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 Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 5. Management of natural – Review and develop mechanisms to manage natural resources and the environment by focusing on participation of all sectors, including women and ethnic groups – Ministry of Natural Resources and Environment 2019–2022 Reviewed and developed mechanisms to manage natural resources and the environment by focusing on participation of all sectors – National Strategy for Eco-Friendly Development and Growth 8. Development of government operations Consider determining measures to certify rural development and land policies with gender- based dimensions in mind. A person should not be forced to be evicted, if there is a need to act, there should be a Free Prior Informed Consent form and the evicted person must also be compensated – Ministry of Agriculture and Cooperatives 2019–2022 – Measure to certify rural development and land policies that considered gender dimensions Compensation paid to the evicted person – National Strategy for Public Sector Rebalancing and Development Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 3. Protecting human rights defenders Establish or review policies, mechanisms and protection measures to protect human right defenders including female human rights defenders to work safely and train law enforcement agencies practically – Ministry of Justice 2019–2022 – Reviewed or improvement of policies, mechanisms and protection measures to protect human right defenders including females to work safely – National Strategy for National Security Organize training for law enforcement officers to enhance their knowledge and understanding in enforcing laws on the protection of human rights, such as handling rallies, expressing human rights, preventing dishonest lawsuits that attack human rights defenders, etc., including improving gender-sensitivity – Royal Thai Police 2019–2022 – Trained law enforcement officers with better knowledge and understanding of law enforcement regarding the protection of human rights – National Strategy for Public Sector Rebalancing and Development Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 4. Remedies Remedies for victims as per the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power as appropriate and with gender-sensitivity – Ministry of Justice 2019–2022 Improved the system and measures to remedy victims as per the UN Declaration of Basic Principles of Justice as appropriate and with gender- sensitivity – National Strategy for Public Sector Rebalancing and Development Guidance to business
Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 6. Eliminating discrimination in employment and the workplace Organize activities to enhance knowledge and understanding on gender diversity with various sectors, including the business sector – Ministry of Justice 2019–2022 Percentage of understanding regarding gender diversity issues – National Strategy for Social Cohesion and Just Society Encourage entrepreneurs to issue policies, regulations, or measures to prevent sexual harassment and violence in the workplace – Ministry of Social Development and Human Security 2019–2022 Number of businesses/ establishments that follow the Thai Labour Standards and are encouraged to have policies to protect against sexual harassment – National Strategy for Social Cohesion and Just Society Develop measures to prevent and manage issues related to HIV/AIDS in the workplace by promoting the implementation of National Guidelines on Prevention and Administration of HIV/AIDS in the Workplace to be used as operational guidelines for HIV/AIDS in the workplace. – Ministry of Labour 2019–2022 Number of establishments/ businesses/ employees involved in promotion activities – National Strategy for Social Cohesion and Just Society 10. Children of migrant workers Encouraging establishments to organize childcare centres at work by registering as child service centres in the workplace with the Ministry of Social Development and Human Security. Such establishments will receive tax deductions and children of employees and workers are taken care of with proper development. – Ministry of Social Development and Human Security 2019–2022 Number of establishments registered as a child service centre in the workplace – National Strategy for Human Capital Development and Strengthening 13. Protection of labour in the supply chain system Study and issue measures for the business sector that has a supply chain to have a management system that meets the Thai Labour Standard (TLS 8001) Ministry of Labour 2019–2022 Number of studies – National Strategy for Public Sector Rebalancing and Development 15. Operations set for business sector Encourage establishments/ businesses to apply Good Labour Practice (GLP) in their business management – Ministry of Labour 2019–2022 1,000 establishments/ year have been promoted – National Strategy for National Competitiveness Enhancement Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 2. Creating investor awareness Disseminate the UNGPs to businesses or entrepreneurs by establishing communication channels with the Securities and Exchange Commission (SEC) and the Stock Exchange of Thailand – The Office of the Securities and Exchange Commission 2019–2022 Training and conferences are organized to disseminate UNGPs – National Strategy for National Competitiveness Enhancement Encourage the business sector to focus on the relationship between large companies and the company’s supply chain, including outsourced services and subcontracting that may have adverse effects on human rights – The Office of the Securities and Exchange Commission 2019–2022 Training for the business sector to focus on the relationship between large companies and the company’s supply chain, including outsourced services and subcontracting that may have adverse effects on human rights – National Strategy for National Competitiveness Enhancement Encourage commercial banks to focus on the business operations that affect society and the environment by promoting Sustainable Banking Guidelines, which define guidelines for commercial banks consistent with the principles of Environment, Social and Governance (ESG) criteria or other practices that are accepted internationally – Bank of Thailand 2019–2022 Common guidelines for Sustainable Banking Guidelines in order to set business standards. Finance in accordance with the principles of Environment, Social and Governance (ESG) criteria or other guidelines that are accepted internationally – National Strategy for Eco-Friendly Development and Growth 3. Promotion of Investment Consider measures to encourage business organizations which are located in the territory or jurisdiction of Thailand’s sovereignty to abide by the UNGPs. – Office of the Securities and Exchange Commission 2019–2022 Training for business organizations that are located in the territory or jurisdiction of Thailand’s sovereignty to abide by the UNGPs – National Strategy for National Competitiveness Enhancement Create awareness, promote and facilitate business for Thai investors going to foreign countries to respect the principles of human rights as well as comply with various rules including regulations regarding human rights of the host country by consider making guidelines for investment in each country – Office of the Board of Investment 2019–2022 Entrepreneurs who are going to invest in foreign countries trained and educated to respect human rights principles – National Strategy for National Competitiveness Enhancement Health and social care
The core content of the National Action Plan on Business and Human Rights
3.1 Action plan on labour
Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 6. Eliminating discrimination in employment and the workplace Develop measures to prevent and manage issues related to HIV/AIDS in the workplace by promoting the implementation of National – Ministry of Labour 2019–2022 Number of establishments/ businesses/ employees involved in promotion activities – National Strategy for Social Cohesion and Just Society 8. Suitable working conditions Study international standards regarding appropriate work conditions (Decent Work – Ministry of Labour 2019–2022 Number of studies – National Strategy for Social Cohesion and Just Society 9. Access to health services for workers Providing health services to workers including disease prevention and control, health promotion and medical treatment and rehabilitation – Ministry of Labour 2019–2022 Number of insured persons receiving medical services – National Strategy for Human Capital Development and Strengthening Develop friendly health service systems for migrant workers such as migrant public health volunteers to create effective access to public health – Ministry of Public Health 2019–2022 A mechanism to provide public health services for migrant workers – National Strategy for Human Capital Development and Strengthening Driving forward the settlement and operation of Wellness Centers both in public health service points and establishments – Ministry of Public Health 2019–2022 Number of hospital and establishments that operate Wellness Centers in line with criteria set by the Department of Disease Control – National Strategy for Human Capital Development and Strengthening 3.2 Action plan for community, land, natural resources and the environment
Human rights defenders & whistle-blowers
Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 4. Recruitment Arrange for informers of corruption cases to enter the witness protection programme – Royal Thai Police 2019–2022 Number of witnesses entering protection and receiving safety – National Strategy for Public Sector Rebalancing and Development In addition, the meeting also proposed to divide a framework into three measures as follows:
Short-term Medium-term Long-term 1. Raise awareness with government agencies to understand the issues of human rights defenders 1. Appoint a working group to protect human rights defenders and appoint a representative from the Ministry of Interior to get involved 1. Enact laws or regulations of the Prime Minister’s office regarding measures to protect human rights defenders Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 1. Becoming a party to international human rights treaties and cooperation with various human rights mechanisms Clearly make a definition of “human rights defenders” by studying international standards – Ministry of Justice 2019–2022 Meeting to discuss with related agencies a clear definition of human rights defender – National Strategy for National Security Expedite ratification to relevant conventions such as the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) – Ministry of Justice 2019–2022 Becoming a party of the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) – National Strategy for National Security 2. Amendments to laws, regulations, policies Push for review, amendment and abolition of laws, as well as relevant mechanisms to facilitate the protection of human rights defenders, such as witness protection laws – Ministry of Justice 2019–2022 Reviewed policies, laws and related mechanisms to facilitate the protection of human rights defenders – National Strategy for National Security Study the guidelines for development of laws, regulations or measures to prevent Strategic Litigation Against Public Participation: (SLAPP) – Ministry of Justice 2019–2022 Studied development of guidelines for laws, regulations, or measures to prevent strategic litigation against public participation – National Strategy for National Security 3. Protecting human rights defenders Establish or review policies, mechanisms and protection measures to protect human right defenders including female human rights defenders to work safely and train law enforcement agencies practically – Ministry of Justice 2019–2022 – Reviewed or improvement of policies, mechanisms and protection measures to protect human right defenders including females to work safely – National Strategy for National Security Include the issue of protection of human right defenders in the 4th National Human Rights Plan – Ministry of Justice 2019 The issue of human rights defenders being put into the 4th National Human Rights Plan – National Strategy for Public Sector Rebalancing and Development Organize discussions with human rights defenders by working creatively to prevent, alleviate and remedy adverse effects on human rights – Ministry of Foreign Affairs 2019–2022 Periodic consultation with human rights defenders – National Strategy for National Security 4. Enhancing knowledge and understanding Organize training for law enforcement officers to enhance their knowledge and understanding in enforcing laws on the protection of human rights, such as handling rallies, expressing human rights, preventing dishonest lawsuits that attack human rights defenders, etc., including improving gender-sensitivity – Royal Thai Police 2019–2022 – Trained law enforcement officers with better knowledge and understanding of law enforcement regarding the protection of human rights – National Strategy for Public Sector Rebalancing and Development Organize activities to enhance community potential and human rights defenders in the community – Ministry of Interior (Department of Provincial Administration) 2019–2022 Target people are knowledgeable and understanding, able to protect themselves and not victims of human rights violations in the 76 provinces and in 878 districts – National Strategy for National Security Organize training and enhance potential development for lawyers as well as providing a list of lawyers and legal advisors with expertise in defending human rights cases – Ministry of Justice 2019–2022 Activities and projects to train and develop capacity of human rights lawyers – National Strategy for Public Sector Rebalancing and Development Human rights impact assessments
Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 3. Environmental and Health Impact Assessment (EIA/ EHIA) Require the Environmental Impact Assessment (EIA) and the Environmental Health Impact Assessment (EHIA) to assess public participation in a neutral, independent, and transparent manner. – Ministry of Natural Resources and Environment 2019–2022 – Doing EIA/EHIA as required by law, with people and communities in the area participating – National Strategy for Eco-Friendly Development and Growth Strengthen the current impact assessment process to be stronger, especially in large-scale development projects such as infrastructure and mining and energy projects – Ministry of Natural Resources and Environment 2019–2022 Strictly implementing the EIA/EHIA process especially on large projects – National Strategy for Eco-Friendly Development and Growth Follow up and monitor the implementation of the measures specified in the EIA report for prevention and addressing of expected impacts from the project accurately and quickly in order to be a database of projects to prevent and address the expected effects in the future – Agency that is authorized to approve the project is the main responsible agency with the following joint agencies: 2019–2022 Monitoring of compliance with the measures set out in the EIA/EHIA evaluation report for prevention and address the expected effects in the future – National Strategy for Eco-Friendly Development and Growth Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 1. Amendments of laws, regulations, policies Establish guidelines and procedures to provide comments to the contract that the government has with transnational corporations, considering the Human Rights Assessment – Office of the Attorney General 2019–2022 Established guidelines and process to provide comments to the contract that the government has with transnational corporations, considering the Human Rights Assessment – National Strategy for National Competitiveness Enhancement 3. Promotion of Investment Require studies and assessments of the risk and impact on human rights (human rights due diligence) before undertaking large-scale projects or projects related to public services, including in the case of joint investment between the government and private sectors to prepare conducting projects relating to infrastructure and public services that are a duty of the state, including in the case that the government has assigned the private sector to do the project instead – Office of the Economic and Social Development Council 2019–2022 A study to assess the risk and human rights impact (human rights due diligence) before the implementation of large-scale projects – National Strategy for National Competitiveness Enhancement 4. Preventing human rights violations abroad Consider the possibility of establishing guidelines or agreements on trans-boundary EIA and surveillance on cross- border effects in health, agriculture, society, land, natural resources and environment – Ministry of Natural Resources and Environment (Office of Policy and Environmental Plans) 2019–2022 – Possibility discussed or studied of establishing guidelines or agreements on trans-boundary EIA – National Strategy for Eco-Friendly Development and Growth 5. Development of government operations Require a central agency to supervise and inspect in the event of international environmental impact – Ministry of Natural Resources and Environment 2019–2022 Central agency responsible for supervision and inspection in the event of international environmental impact considered and determined – National Strategy for Eco-Friendly Development and Growth Indigenous peoples
Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 6. Community capacity development Enhancing career, household income, welfare arrangements, and community development, including strengthening of Highland communities along the border and developing sufficient economy villages – Ministry of Social Development and Human Security 2019–2022 – Highland people received potential development and good quality of life – National Strategy for National Security Investment treaties & investor-state dispute settlements
Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 1. Amendments of laws, regulations, policies Establish guidelines and procedures to provide comments to the contract that the government has with transnational – Office of the Attorney General 2019–2022 Established guidelines and process to provide comments to the contract that the government has with transnational corporations, considering the Human Rights Assessment – National Strategy for National Competitiveness Enhancement Study and discuss with various relevant sectors to consider guidelines for developing laws, policies or concrete mechanisms to investigate human rights violations outside the territory to provide protection and remedy and take cross-border responsibility that – Ministry of Foreign Affairs 2019–2022 Improved legislation, policies or mechanisms to investigate human rights violations outside the territory to provide protection and remedy and take cross- border responsibility that complies – National Strategy for National Competitiveness Enhancement Review laws and regulations related to the Eastern Economic Corridor (EEC) project in order to supervise the operations of the business sector and investors with a clear penalty for cases that violate human rights. – Office of the National Economic and Social Development Council 2019–2022 Meetings to review laws and regulations related to Eastern Economic Corridor (EEC) Projects – National Strategy for National Competitiveness Enhancement Create channel to disclose information about the Eastern Economic Corridor (EEC) project, including all borders, economic zones and mechanisms to discuss with affected communities – Office of the National Economic and Social Development Council 2019–2022 Created channel to disclose information about Eastern Economic Corridor (EEC) project, including all borders, economic zones – National Strategy for National Competitiveness Enhancement 3. Promotion of Investment Create awareness, promote and facilitate business for Thai investors going to foreign countries to respect the principles of human rights as well – Office of the Board of Investment 2019–2022 Entrepreneurs who are going to invest in foreign countries – National Strategy for National Competitiveness Enhancement Require studies and assessments of the risk and impact on human rights (human rights due diligence) before undertaking large-scale projects or projects – Office of the Economic and Social Development Council 2019–2022 A study to assess the risk and human rights impact (human rights due diligence) before the implementation of large-scale projects – National Strategy for National Competitiveness Enhancement 4. Preventing human rights violations abroad Organize training on business and human rights for personnel of the Ministry of Foreign Affairs to be able to give advice to the – Ministry of Foreign Affairs 2019–2022 Personnel of Ministry of Foreign Affairs trained on business and human rights – National Strategy for Human Capital Development and Strengthening Establish measures to prevent violations of human rights in – Office of the National Economic and Social Development Council 2019–2022 Preventive measures and mechanisms – National Strategy for Public Sector Rebalancing and Development Judicial remedy
Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 3. Administration of Justice Develop criteria for approval and selection of migrant workers from three countries (Cambodia, Laos and Myanmar) to be the language coordinators to facilitate migrant workers who enter into the justice system. The coordinators should be trained in order to perform duties correctly, fairly and efficiently – Ministry of Labour 2019–2022 – Develop and improve criteria for selecting the coordinators – National Strategy for Social Cohesion and Just Society 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 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) 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 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. – National Strategy for Public Sector Rebalancing and Development Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 3. Prosecution Determine punitive measures for business organizations that violate human rights – Ministry of Industry 2019–2022 Proceeded with or imposed punitive measures for business organizations that violate human rights – National Strategy for Public Sector Rebalancing and Development Expand ways to request services from the Justice Fund – Ministry of Justice 2019–2022 Consider adding channels to receive services from the Justice Fund – National Strategy for Public Sector Rebalancing and Development Develop measures to provide legal assistance to people and communities, such as providing legal advice and assistance in litigation in order to be able to access justice easily, conveniently, thoroughly and fairly – Ministry of Justice 2019–2022 Developed measures to provide legal assistance to people and communities, to be able to access justice – National Strategy for Public Sector Rebalancing and Development Increasing efficiency in civil and criminal proceedings in cases related to the environment, natural resources and land rights – Office of the Attorney General 2019–2022 Relevant law enforcement officer strictly proceeded with civil and criminal cases related to environmental, natural resources and land rights – National Strategy for Public Sector Rebalancing and Development Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 4. Enhancing knowledge and understanding Organize training and enhance potential development for lawyers as well as providing a list of lawyers and legal advisors with expertise in defending human rights cases – Ministry of Justice 2019–2022 Activities and projects to train and develop capacity of human rights lawyers – National Strategy for Public Sector Rebalancing and Development 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 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 3. The proceedings Provide assistance to access to justice process for human rights defenders – Office of the Attorney General 2019–2022 Channels/mechanisms/ measures in helping human rights defenders to access justice – National Strategy for Public Sector Rebalancing and Development Enhance knowledge and skills for persons responsible for the law, regulation, and correct policy with justification for offenses outside the Kingdom – Office of the Attorney General 2019–2022 Activities to enhance knowledge for the persons responsible for the law, regulation, and correct policy with justification for offenses outside the Kingdom – National Strategy for Public Sector Rebalancing and Development Develop the capacity of witness protection officers by supporting resources, budgets, personnel and enhancing knowledge, expertise and skills in witness protection – Ministry of Justice 2019–2022 Activity to continually enhance the potential of witness protection officers – National Strategy for Public Sector Rebalancing and Development 4. Remedies Study and analyse the legal gap and obstacles to access justice for human rights defenders in order to improve reliable healing processes – Ministry of Justice 2019–2022 Legal gaps and obstacles to access justice for human rights defenders studied – National Strategy for Public Sector Rebalancing and Development Land
Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 1. Developing and improving laws, regulations, policies and related measures Review, amend, revise and propose laws, regulations and measures regarding land management, water resources and climate that are affected by business operations – Ministry of Agriculture 2019–2022 Amount of laws, regulations, and measures relating to land management, water resources and climate that are affected by business operations that have been reviewed, revised, and regulated – National Strategy for Eco-Friendly Development and Growth Revise the laws that cause monopolies in agriculture – Ministry of Agriculture 2019–2022 Number of laws reviewed and propose amendments to prevent or reduce monopolies in the agricultural sector – National Strategy for National Competitiveness Enhancement 2. Public participation Organize discussions and public hearing to receive people’s opinions, including from related ethnic groups in the area. The public and communities should get access to complete information and participate in decision- making processes easily, as well as giving comments on the evaluation of the effect on the environment, land expropriation considerations, land management and forest conservation of the government, etc. before undertaking any project, including large-scale projects relating to energy management, power plants, petroleum, and drilling for the exploration of natural resources, in order to encourage people and communities to have a role in determining project operation areas, considering the way of life and culture. – Office of the National Economic and Social Development Council 2019–2022 Number of activities and projects organized to listen to the opinions of the people relating to operations that affect the public – National Strategy for Eco-Friendly Development and Growth 4. Special Economic Zones Consider appropriate measures for land expropriation, including measures for consultation and compensation for those affected by fair expropriation – Ministry of Transport 2019–2022 Appropriate measures for land expropriation along with fair compensation – National Strategy for Eco-Friendly Development and Growth 8. Development of government operations Carry out an investigation and prove the rights of ownership and land use and issuing documents certifying legal rights – – Ministry of Interior 2019–2022 Investigated and proved the rights of ownership and land use and legally issuing documents – National Strategy for Public Sector Rebalancing and Development Consider determining measures to certify rural development and land policies with gender- based dimensions in mind. A person should not be forced to be evicted, if there is a need to act, there should be a Free Prior Informed Consent form and the evicted person must also be compensated – Ministry of Agriculture and Cooperatives 2019–2022 – Measure to certify rural development and land policies that considered gender dimensions – National Strategy for Public Sector Rebalancing and Development 9. Business operations Consider creating a mechanism to monitor businesses’ actions that violate land rights, natural resources and the environment – Ministry of Natural Resources and Environment 2019–2022 – A mechanism established to monitor the actions of businesses that violate land rights, natural resources and the environment – National Strategy for Public Sector Rebalancing and Development Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 3. Prosecution Increasing efficiency in civil and criminal proceedings in cases related to the environment, natural resources and land rights – Office of the Attorney General 2019–2022 Relevant law enforcement officer strictly proceeded with civil and criminal cases related to environmental, natural resources and land rights – National Strategy for Public Sector Rebalancing and Development 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 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 Establish a systematically plan for land restoration, natural resources and the environment in places affected by business operations – Ministry of Natural Resources and Environment 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 Mandatory human rights due diligence
Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 15. Operations set for business sector Regulate, supervise and require the large business sector and companies listed in the stock market that use migrant labour as their primary production resource, prepare a Human Rights Due Diligence report as a measure in deterring labour exploitation. The said report must be disclosed to the public in order to create awareness and be easy to review. This is important for transparency and traceability in accordance with good corporate governance. – Ministry of Industry 2019–2022 Letter circulated to the companies listed in the Stock Exchange of Thailand for disseminating the report on Human Rights Due Diligence – National Strategy for National Competitiveness Enhancement Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 3. Promotion of Investment Require studies and assessments of the risk and impact on human rights (human rights due diligence) before undertaking large-scale projects or projects related to public services, including in the case of joint investment between the government and private sectors to prepare conducting projects relating to infrastructure and public services that are a duty of the state, including in the case that the government has assigned the private sector to do the project instead – Office of the Economic and Social Development Council 2019–2022 A study to assess the risk and human rights impact (human rights due diligence) before the implementation of large-scale projects – National Strategy for National Competitiveness Enhancement Migrant workers
Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 2. Amendments to laws, regulations, policies Review border employment policy in a manner aimed at protecting all workers who are legal without discrimination, including protection of family members who are with them. This is to be in accordance with the ASEAN Consensus on the Protection and Promotion of the Rights of Migrant Workers. – Ministry of Labour 2019–2022 Number of policies reviewed – National Strategy for Human Capital Development and Strengthening 6. Eliminating discrimination in employment and the workplace Consider measures of social protection for migrant workers, especially agricultural and fishery workers, seasonal employees, and domestic workers. – Ministry of Labour 2019–2022 Monitoring measures of migrant workers – National Strategy for Human Capital Development and Strengthening Consider and determine measures and mechanisms for employment of other vulnerable groups, such as … stateless persons and migrants, including those of diverse sexual orientation and gender identity to enter the labour system in line with international human rights principles – Ministry of Labour 2019–2022 Number of vulnerable groups employed – National Strategy for Social Cohesion and Just Society 9. Access to health services for workers Develop friendly health service systems for migrant workers such as migrant public health volunteers to create effective access to public health – Ministry of Public Health 2019–2022 A mechanism to provide public health services for migrant workers – National Strategy for Human Capital Development and Strengthening 10. Children of migrant workers Address the problem of access to education by children of migrant workers by providing basic education in accordance with the problem’s conditions and needs, both in the public and private system and informal (non-formal education) – – Ministry of Education 2019–2022 Number of establishments received promotion of welfare other than those stated by law (places/ persons) – National Strategy for Human Capital Development and Strengthening 10. Children of migrant workers Address the problem of access to education by children of migrant workers by providing basic education in accordance with the problem’s conditions and needs, both in the public and private system and informal (non-formal education) – Ministry of Education 2019–2022 Number of establishments received promotion of welfare other than those stated by law (places/ persons) – National Strategy for Human Capital Development and Strengthening 11. Human trafficking and forced labour Consider bringing measures or labour laws which are applied to the fishery sector to be used in the supervision of labour conditions in other industrial sectors such as agriculture and construction in which many migrant workers are hired – Royal Thai Police 2019–2022 Number of at-risk establishments that have been examined – National Strategy for Human Capital Development and Strengthening 15. Operations set for business sector Inspect and monitor entertainment places/ businesses, establishments, and recruitment agencies, focusing on inspecting … work permits (in the case of migrant workers) – Royal Thai Police 2019–2022 – Number of employment/ recruitment licensees inspected – National Strategy for National Security. Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 1. Complaints and petitions Provide channels for complaints and hotlines in languages that migrant workers understand – Ministry of the Interior 2019–2022 Number of complaint channels and hotlines in languages that migrant workers understand – National Strategy for Social Cohesion and Just Society 3. Administration of Justice Develop criteria for approval and selection of migrant workers from three countries (Cambodia, Laos and Myanmar) to be the language coordinators to facilitate migrant workers who enter into the justice system. The coordinators should be trained in order to perform duties correctly, fairly and efficiently – Ministry of Labour 2019–2022 – Develop and improve criteria for selecting the coordinators Number of trainings for language coordinators – National Strategy for Social Cohesion and Just Society 5. Remedies 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. – National Strategy for Public Sector Rebalancing and Development National Human Rights Institutions/ Ombudspersons
Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 1. Developing and improving laws, regulations, policies and related measures Relevant agencies took the comments and recommendations of the National Human Rights Commission of Thailand, which the Cabinet has resolved to consider improving the Act to Promote and Conserve National Environmental Quality Act B.E. 2535 (1992) and expedite enactment of the Act on People Participation in the Public Policy Process B.E. (draft) and issue regulations on the Report of Pollutant Release and Transfer Registers (PRTR) – Ministry of Natural Resources and Environment 2019–2022 – Consideration has been taken in accordance with recommendations of the National Human Rights Commission of Thailand – National Strategy for Eco-Friendly Development and Growth Non-financial reporting
Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 8. Development of government operations Establish a report on environmental assessment, critical business situations and cases of human rights violations that occurred, as well as specify protection measures of human rights of villagers in the area – Ministry of Natural Resources and Environment 2019–2022 – Established report on environmental assessment, critical business situations and cases of human rights violations that occurred – National Strategy for Public Sector Rebalancing and Development Consider the establishment of monitoring and evaluation mechanisms for human rights situations with every section involved – Ministry of Natural Resources and Environment 2019–2022 – – Established monitoring and evaluation mechanisms for human rights situations, with representatives from all sectors involved participating – National Strategy for Public Sector Rebalancing and Development Non-judicial grievance mechanisms
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 2019–2022 An easy, accessible complaint system for the complainant. – National Strategy for Public Sector Rebalancing and Development 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 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 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 2019–2022 Number of evaluations – National Strategy for Social Cohesion and Just Society 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 2019–2022 Number of evaluations – National Strategy for Social Cohesion and Just Society 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 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 – National Strategy for Social Cohesion and Just Society 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 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 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) 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 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 – National Strategy for Public Sector Rebalancing and Development 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 2019–2022 – Percentage of job seekers trained before traveling abroad with more knowledge about domestic rights in their destinations – National Strategy for Public Sector Rebalancing and Development 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 2019–2022 Government, state enterprises and businesses set – National Strategy for Public Sector Rebalancing and Development 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 2019–2022 A mediation committee is established at the local and/or community level – National Strategy for Public Sector Rebalancing and Development 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 – National Strategy for Public Sector Rebalancing and Development 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 Study the guidelines for establishing a Hedge Fund for people who suffer from business operations – Ministry of Natural Resources and Environment 2019–2022 Studied guidelines for establishing – National Strategy for Eco-Friendly Development and Growth 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 2019–2022 Government sectors, state enterprises, and businesses have measures to remedy the – National Strategy for Eco-Friendly Development and Growth Establish a systematically plan for land restoration, natural resources and the environment in places affected by business operations – Ministry of Natural Resources and Environment 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 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 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 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 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 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 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 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 OECD National Contact Points
Persons with disabilities
Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 6. Eliminating discrimination in employment and the workplace – Promote jobs and employment for persons with disabilities in the workplace and in public sectors by having a coordinator between entrepreneurs and the disabled, including make use of screening systems for people with disabilities to find appropriate jobs and employment. – Ministry of Social Development and Human Security 2019 Quantitative – National Strategy for Human Capital Development and Strengthening – Improve the efficiency of the Fund for Empowerment of Persons with Disabilities – Ministry of Social Development and Human Security 2019–2022 – Supporting the disabled to have jobs or independent employment – National Strategy for Human Capital Development and Strengthening Policy coherence
Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 1. Becoming an international treaty party Study the possibility of becoming a party to the ILO Conventions 98 and 189 by assessing the situation and context of Thailand – Ministry of Labour 2019 A feasibility study in becoming a party to the ILO Conventions 98 and 189 within the year 2019 – National Strategy for Human Capital Study the Tripartite declaration of principles concerning multinational enterprises and social policy (MNE Declaration) of the ILO and consider operational guidelines to promote the Declaration – Ministry of Labour 2019–2020 A study of the Tripartite declaration of principles concerning multinational enterprises and social policy (MNE Declaration) of the ILO – National Strategy for Human Capital 2. Amendments to laws, regulations, policies Review the law on labour protection, social welfare, social security, and minimum wage whether there is still a gap between the law and practice, and consider improving or developing it to be in line with international standards – Ministry of Social 2019–2022 Number of laws that have been improved – National Strategy for Human Capital Review relevant laws and consider improvements or developments in accordance with ILO Convention No. 138 and 182 and Protocol 2014 of the ILO Convention on Forced Labour, 1930 – Ministry of Labour 2019–2022 The number of meetings to – National Strategy for Human Capital Study the ILO General Principles and Operational Guidelines on Fair Recruitment and review the laws and practical guidelines that are in force to comply with the said principles. – Ministry of Labour 2019–2022 The results of the study – National Strategy for Human Capital Review border employment policy in a manner aimed at protecting all workers who are legal without discrimination, including protection of family members who are with them. This is to be in accordance with the ASEAN Consensus on the Protection and Promotion of the Rights of Migrant Workers. – Ministry of Labour 2019–2022 Number of policies reviewed – National Strategy for Human Capital Improve the Labour Law in accordance with the current situation and international standards such as the Labour Relations Act 1975 and the State Enterprise Labour Relations Act 2000 – Ministry of Labour 2019–2022 Number of bills passed with Cabinet approval – National Strategy for Human Capital 6. Eliminating discrimination in employment and the workplace Study the feasibility and effect of the amendment of the Labour Law to be consistent with the Gender Equality Act 2015 – Ministry of Labour 2019–2022 Number of reviews of the Labour Law – National Strategy for Social Cohesion and Just Society 8. Suitable working conditions Study international standards regarding appropriate work conditions (Decent Work for All), including safety and occupational health, and use them as a baseline to create a suitable regulation or rule as an operating guidance for business – Ministry of Labour 2019–2022 Number of studies – National Strategy for Social Cohesion and Just Society Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 1. Developing and improving laws, regulations, policies and related measures Relevant agencies took the comments and recommendations of the National Human Rights Commission of Thailand, which the Cabinet has resolved to consider improving the Act to Promote and Conserve National Environmental Quality Act B.E. 2535 (1992) and expedite enactment of the Act on People Participation in the Public Policy Process – – Ministry of Natural Resources and Environment 2019–2022 – Consideration has been taken in accordance with recommendations of the National Human Rights Commission of Thailand – National Strategy for Eco-Friendly Development and Growth 4. Special Economic Zones Consider making guidelines or measures for Special Economic Zones (SEZs), including the Eastern Economic Corridor (EEC) so they adhere to the highest standards of good governance and the guideline of the corporations while the commitment to implement UNGPs should be reflected in the establishment and management of the SEZ and EEC – Office of the National Economic and Social Development Council 2019–2022 – Guidelines and measures for the Special Economic Zones (SEZs), including the Eastern Economic Corridor (EEC) to comply with the highest standards of good governance and UNGPs – National Strategy for Eco-Friendly Development and Growth Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 1. Becoming a party to international human rights treaties and cooperation with various human rights mechanisms Clearly make a definition of “human rights defenders” by studying international standards – Ministry of Justice 2019–2022 Meeting to discuss with related agencies a clear definition of human rights defender – National Strategy for National Security Expedite ratification to relevant conventions such as the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) – Ministry of Justice 2019–2022 Becoming a party of the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) – National Strategy for National Security Promote creative cooperation with United Nations human rights mechanisms and regional human rights mechanisms – Every agency 2019–2022 An official visit to Thailand or a technical visit of the special procedures of the United Nations Human Rights Council – National Strategy for National Security Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 4. Remedies Remedies for victims as per the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power as appropriate and with gender-sensitivity – Ministry of Justice 2019–2022 Improved the system and measures to remedy victims as per the UN Declaration – National Strategy for Public Sector Rebalancing and Development Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 1. Amendments of laws, regulations, policies Establish guidelines and procedures to provide comments to the contract that the government has with transnational corporations, considering the Human Rights Assessment – Office of the Attorney General 2019–2022 Established guidelines and process to provide comments to the contract that the government has with transnational corporations, considering the Human Rights Assessment – National Strategy for National Competitiveness Enhancement Study and discuss with various relevant sectors to consider guidelines for developing laws, policies or concrete mechanisms to investigate human rights violations outside the territory to provide protection and remedy and take cross-border responsibility that complies with international standards such as the OECD Guidelines for Multinational Enterprises – Ministry of Foreign Affairs 2019–2022 Improved legislation, policies or mechanisms to investigate human rights violations outside the territory to provide protection and remedy and take cross- border responsibility that complies – National Strategy for National Competitiveness Enhancement Review laws and regulations related to the Eastern Economic Corridor (EEC) project in order to supervise the operations of the business sector and investors with a clear penalty for cases that violate human rights. – Office of the National Economic and Social Development Council 2019–2022 Meetings to review laws and regulations related to Eastern Economic Corridor (EEC) Projects – National Strategy for National Competitiveness Enhancement 2. Creating investor awareness Encourage commercial banks to focus on the business operations that affect society and the environment by promoting Sustainable Banking Guidelines, which define guidelines for commercial banks consistent with the principles of Environment, Social and Governance (ESG) criteria or other practices that are accepted internationally – Bank of Thailand 2019–2022 Common guidelines for Sustainable Banking Guidelines in order to set business standards. Finance in accordance with the principles of Environment, Social and Governance (ESG) criteria or other guidelines that are accepted internationally – National Strategy for Eco-Friendly Development and Growth 8. Promoting cooperation in driving business issues and human rights at regional and international levels Exchange and disseminate good practices to drive international and regional business and human rights issues – Ministry of Foreign Affairs 2019–2022 Good practices exchanged and disseminated in implementation of the UNGPs, such as periodically preparing courses or workshop for staff in related countries of interest – National Strategy for National Competitiveness Enhancement Privatisation
3.4 Action Plan on Cross Border Investment and Multinational Enterprises
3.4.3 Action Plan (2019–2022)
Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 3. Promotion of Investment Require studies and assessments of the risk and impact on human rights (human rights due diligence) before undertaking large-scale projects or projects related to public services, including in the case of joint investment between the government and private sectors to prepare conducting projects relating to infrastructure and public services that are a duty of the state, including in the case that the government has assigned the private sector to do the project instead – Office of the Economic and Social Development Council 2019–2022 A study to assess the risk and human rights impact (human rights due diligence) before the implementation of large-scale projects – National Strategy for National Competitiveness Enhancement Public procurement
Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 2. Creating investor awareness Encourage the business sector to focus on the relationship between large companies and the company’s supply chain, including outsourced services and subcontracting that may have adverse effects on human rights – The Office of the Securities and Exchange Commission 2019–2022 Training for the business sector to focus on the relationship between large companies and the company’s supply chain, including outsourced services and subcontracting that may have adverse effects on human rights – National Strategy for National Competitiveness Enhancement Security sector
Small & medium-sized enterprises
Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 7. Business operations Study and consider imposing incentive measures consistent with the activities of the business sector in accordance with the Thai context of many small establishments, by directly determining incentives for entrepreneurs and labour, such as creating support programmes. – Office of the National Economic and Social Development Council 2019–2022 An incentive studied and determined – National Strategy for Public Sector Rebalancing and Development 8. Promote the implementation of the NAP and UNGPs among Small and Medium Enterprises (SMEs) Ministry of Justice 2019–2022 State Owned Enterprises/ Public Private Partnerships
Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 4. Preventing human rights violations abroad Establish measures to prevent violations of human rights in investment projects of state-owned enterprises (and Thai businesses abroad) including complaint mechanisms – Office of the National Economic and Social Development Council 2019–2022 Preventive measures and mechanisms for complaints of infringement discussed and defined in relation to human rights in the projects invested by state-owned enterprises (and Thai businesses abroad) – National Strategy for Public Sector Rebalancing and Development 6. State enterprises Require state enterprises to have measures to prevent and mitigate human rights risks and impacts including those carried out overseas by subsidiaries, contractors and joint ventures – Ministry of Finance (Office of the State Enterprise Policy Office) 2019–2022 State enterprises have projects/ activities to implement the UNGPs and HRDD assessments and share good and concrete practices with other business sectors – National Strategy for Public Sector Rebalancing and Development Supply chains
Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 13. Protection of labour in the supply chain system Study and issue measures for the business sector that has a supply chain to have a management system that meets the Thai Labour Standard (TLS 8001) – Ministry of Labour 2019–2022 Number of studies – National Strategy for Public Sector Rebalancing and Development Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 2. Creating investor awareness Encourage the business sector to focus on the relationship between large companies and the company’s supply chain, including outsourced services and subcontracting that may have adverse effects on human rights – The Office of the Securities and Exchange Commission 2019–2022 Training for the business sector to focus on the relationship between large companies and the company’s supply chain, including outsourced services and subcontracting that may have adverse effects on human rights – National Strategy for National Competitiveness Enhancement Taxation
Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 10. Children of migrant workers Encouraging establishments to organize childcare centres at work by registering as child service centres in the workplace with the Ministry of Social Development and Human Security. Such establishments will receive tax deductions and children of employees and workers are taken care of with proper development. – Ministry of Social Development and Human Security 2019–2022 Number of establishments registered as a child service centre in the workplace – National Strategy for Human Capital Development and Strengthening 10. Consider a study incentive for business such as tax incentives and other benefits as a way to encourage the business sector/state Ministry of Justice 2019–2022 The 2030 Agenda for Sustainable Development
Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 3. Environmental and Health Impact Assessment (EIA/ EHIA) Prepare Strategic Environment Assessment (SEA), a systematic analysis process to assess the potential environmental impact arising from implementing and policy, plan and programme (PPP) levels to achieve the goal on sustainable environment in compliance with the SDGs – Office of the National Economic and Social Development Council 2019–2022 – Guidelines for Strategic Environment Assessment – National Strategy for Eco-Friendly Development and Growth Tourism sector
Trade
Responsible agencies Time-frame (2019–2022) Indicators (wide frame) Compliance with National Strategy/ SDGs/UNGPs 3. Promotion of Investment Consider measures to encourage business organizations which are located in the territory or jurisdiction of Thailand’s sovereignty to abide by the UNGPs. – Office of the Securities and Exchange Commission 2019–2022 Training for business organizations that are located in the territory or jurisdiction of Thailand’s sovereignty to abide by the UNGPs – National Strategy for National Competitiveness Enhancement Create awareness, promote and facilitate business for Thai investors going to foreign countries to respect the principles of human rights as well as comply with various rules including regulations regarding human rights of the host country by consider making guidelines for investment in each country – Office of the Board of Investment 2019–2022 Entrepreneurs who are going to invest in foreign countries trained and educated to respect human rights principles – National Strategy for National Competitiveness Enhancement Workers’ rights
2. Amendments to laws, regulations, policies Review the law on labour protection, social welfare, social security, and minimum wage whether there is still – Ministry of Social 2019–2022 Number of laws that have been improved – National Strategy for Human Capital Review relevant laws and consider improvements or developments in accordance with ILO Convention No. 138 and 182 and Protocol 2014 of the ILO Convention on Forced Labour, 1930 – – Ministry of Labour 2019–2022 The number of meetings to – National Strategy for Human Capital Study the ILO General Principles and Operational Guidelines on Fair Recruitment and review the laws and practical guidelines that are in force to comply with the said principles. – – Ministry of Labour 2019–2022 The results of the study – National Strategy for Human Capital Review border employment policy in a manner aimed at protecting all workers who are legal without discrimination, including protection of family members who are with them. This is to be in accordance with the ASEAN Consensus on the Protection and Promotion of the Rights of Migrant Workers. – – Ministry of Labour 2019–2022 Number of policies reviewed – National Strategy for Human Capital Improve the Labour Law in accordance with the current situation and international standards such as the Labour Relations Act 1975 and the State Enterprise Labour Relations Act 2000 – Ministry of Labour 2019–2022 Number of bills passed with Cabinet approval – National Strategy for Human Capital Review the law and social security system by considering (1) improving the conditions and benefits of the insured (2) having tripartite participation in Social Security Fund management (3) Access to funds by all types of workers equally, especially informal workers. (4) Provide protection for retired employees (5) Compliance with the principles of the ILO – – Ministry of Labour 2019–2022 Benefits or criteria that have been reviewed or improved – National Strategy for Human Capital Review public sector employment laws to create fairness for employees in the public sector – Office of the Civil Service Commission 2019–2022 Number of reviews of the relevant laws – National Strategy for Human Capital 3. Development of labour management system Establish a system for collecting detailed information of labour so that agencies and employers are able to check the details of labourers. – Ministry of Labour 2019–2022 Effective data storage system – National Strategy for Public Sector Rebalancing and Development 4. Recruitment Develop control and checking measures for fair recruitment – Ministry of Labour 2019–2022 – Check recruitment agencies for overseas workers – National Strategy for Social Cohesion and Just Society Arrange for informers of corruption cases to enter the witness protection programme – Royal Thai Police 2019–2022 Number of witnesses entering protection and receiving safety – National Strategy for Public Sector Rebalancing and Development 5. Capacity development and knowledge dissemination for workers Training on knowledge about legal rights, labour protection, labour rights, occupation safety, and social security for labourers, which includes migrant workers. In addition, develop a variety of media, including a manual, to disseminate such knowledge in a language that such workers can easily understand – Ministry of Labour 2019–2022 – Migrant workers receive knowledge and understanding of practical information about victims of human trafficking – National Strategy for Human Capital 6. Eliminating discrimination in employment and the workplace – Promote jobs and employment for persons with disabilities in the workplace and in public sectors by having a coordinator between entrepreneurs and the disabled, including make use of screening systems for people with disabilities to find appropriate jobs and employment. – Ministry of Social Development and Human Security 2019 Quantitative – National Strategy for Human Capital Development and Strengthening Develop measures and mechanisms to promote employment for senior citizens to be more employed – Ministry of Labour 2019 project to expand working opportunities for senior citizens 100,000 senior citizens get employed and earn a living – National Strategy for Human Capital Development and Strengthening Find a way to allow ex- convicts to have a career as an employee or entrepreneur – Ministry of Justice 2019 Quantitative number of detainees in prisons, Civil Development Center and Juvenile Observation and Protection Center receive career guidance and promoting 10,000 in professional work. Quantitative. All workers receive services to promote employment of 500 people. – National Strategy for Human Capital Development and Strengthening Study the feasibility and effect of the amendment of the Labour Law to be consistent with the Gender Equality Act 2015 – Ministry of Labour 2019–2022 Number of reviews of the Labour Law – National Strategy for Social Cohesion and Just Society Organize activities to enhance knowledge and understanding on gender diversity with various sectors, including the business sector – Ministry of Justice 2019–2022 Percentage of understanding regarding gender diversity issues – National Strategy for Social Cohesion and Just Society Encourage entrepreneurs to issue policies, regulations, or measures to prevent sexual harassment and violence in the workplace – Ministry of Social Development and Human Security 2019–2022 Number of businesses/ establishments that follow the Thai Labour Standards and are encouraged to have policies to protect against sexual harassment – National Strategy for Social Cohesion and Just Society Develop measures to prevent and manage issues related to HIV/AIDS in the workplace by promoting the implementation of National Guidelines on Prevention and Administration of HIV/AIDS in the Workplace to be used as operational guidelines for HIV/AIDS in the workplace. – Ministry of Labour 2019–2022 Number of establishments/ businesses/ employees involved in promotion activities – National Strategy for Social Cohesion and Just Society Consider and determine measures, policies and mechanisms to promote women’s employment. Allow women to have roles in the labour system to create gender equality in line with international standards. – Ministry of Labour 2019–2022 Number of establishments/ businesses inspected – National Strategy for Social Cohesion and Just Society Consider and determine measures and mechanisms for employment of other vulnerable groups, such as ethnic groups, stateless persons and migrants, including those of diverse sexual orientation and gender identity to enter the labour system in line with international human rights principles – Ministry of Labour 2019–2022 Number of vulnerable groups employed – National Strategy for Social Cohesion and Just Society 7. Receiving fair wages and salary Study the current situation of wage structure and develop mechanisms, measures or policies to adjust wages to be fair and suitable for the living cost. – Ministry of Labour 2019–2022 Number of times of study or wage adjusted. – National Strategy for Social Cohesion and Just Society 8. Suitable working conditions Study international standards regarding appropriate work conditions (Decent Work for All), including safety and occupational health, and use them as a baseline to create a suitable regulation or rule as an operating guidance for business – Ministry of Labour 2019–2022 Number of studies – National Strategy for Social Cohesion and Just Society 9. Access to health services for workers Providing health services to workers including disease prevention and control, health promotion and medical treatment and rehabilitation – Ministry of Labour 2019–2022 Number of insured persons receiving medical services – National Strategy for Human Capital Development and Strengthening 9. Access to health services for workers Develop friendly health service systems for migrant workers such as migrant public health volunteers to create effective access to public health – Ministry of Public Health 2019–2022 A mechanism to provide public health services for migrant workers – National Strategy for Human Capital Development and Strengthening Driving forward the settlement and operation of Wellness Centers both in public health service points and establishments – Ministry of Public Health 2019–2022 Number of hospital and establishments that operate Wellness Centers in line with criteria set by the Department of Disease Control – National Strategy for Human Capital Development and Strengthening 10. Children of migrant workers Encouraging establishments to organize childcare centres at work by registering as child service centres in the workplace with the Ministry of Social Development and Human Security. Such establishments will receive tax deductions and children of employees and workers are taken care of with proper development. – Ministry of Social Development and Human Security 2019–2022 Number of establishments registered as – National Strategy for Human Capital Development and Strengthening 11. Human trafficking and forced labour Consider bringing measures or labour laws which are applied to the fishery sector to be used in the supervision of labour conditions in other industrial sectors such as agriculture and construction in which many migrant workers are hired -Royal Thai Police 2019–2022 Number of at-risk establishments that have been examined – National Strategy for Human Capital Development and Strengthening 12. Protection of labour being replaced by the use of technology Making plans or measures to support remedies and help groups of dismissed workers in accordance with regulations set for relief. – Ministry of Labour 2019–2022 Plans or measures to support and provide assistance to groups of workers who were replaced by technology – National Strategy for Human Capital Development and Strengthening 13. Protection of labour in the supply chain system Study and issue measures for the business sector that has a supply chain to have a management system that meets the Thai Labour Standard (TLS 8001) – Ministry of Labour 2019–2022 Number of studies – National Strategy for Public Sector Rebalancing and Development 14. Protection of Thai labour abroad Train job seekers before travelling to work in a foreign country by providing knowledge about the rights and benefits according to the laws of that country and the mechanisms to protect labour rights at the country of destination, including protection given to Thai workers experiencing problems, and giving advice on health care. -Ministry of Labour (Department of Employment) 2019–2022 – Number of job seekers trained before traveling – National Strategy for Human Capital Development and Strengthening 15. Operations set for business sector Encourage establishments/ businesses to apply Good Labour Practice (GLP) in their business management – Ministry of Labour 2019–2022 1,000 establishments/ year have been promoted – National Strategy for National Competitiveness Enhancement Inspect and monitor entertainment places/ businesses, establishments, and recruitment agencies, focusing on inspecting business licences, labour contracts, working conditions and work permits (in the case of migrant workers) – Royal Thai Police 2019–2022 – Number of employment/ recruitment licensees inspected – National Strategy for National Security. 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 2019–2022 An easy, accessible complaint system for the complainant. – National Strategy for Public Sector Rebalancing and Development 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 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 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 2019–2022 Number of evaluations – National Strategy for Social Cohesion and Just Society Provide channels for complaints and hotlines in languages that migrant workers understand – Ministry of the Interior 2019–2022 Number of complaint channels and hotlines in languages that migrant workers understand – National Strategy for Social Cohesion and Just Society 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 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 – National Strategy for Social Cohesion and Just Society 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 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) 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 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. – National Strategy for Public Sector Rebalancing and Development 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 2019–2022 – Percentage of job seekers trained before traveling abroad with more knowledge about domestic rights in their destinations – National Strategy for Public Sector Rebalancing and Development
Thailand: 2nd NAP (2023-2027)
NAP Development Process
Status
On 8 September 2023, the Thai government adopted its second National Action Plan on Business and Human Rights.
Process
As the first NAP expired in 2022, the Ministry of Justice started the process for the elaboration of the 2nd NAP (2023-2027). A first draft was published and public consultations were held between August 2 and September 19, 2022. The draft was elaborated by the Ministry in collaboration with the Faculty of Law and the National Institute of Development Administration.
The draft second NAP focuses on improving the critical areas identified in the first (labour, land and natural resources, human rights defenders, and cross border investment and multinational enterprises). The draft NAP was elaborated according to the following steps:
- Desktop research
- Development of a framework
- Data collection
- Enquires from government agencies on implementation of the first NAP
- Preparation of questionnaires to stakeholders
- Organisation of an online stakeholder workshop
- Interviews with stakeholders
- Feedback gathering
The Department of Protection of Rights and Freedoms and the Ministry of Justice announced the publication of the second NAP on Business and Human Rights on 8 September 2023. The Department of Protection of Rights and Freedoms was assigned as the main agency responsible for the implementation of the NAP.
Stakeholder Participation
In the process of developing the second NAP, the Ministry of Justice distributed questionnaires, requested information on the implementation of the first NAP to relevant stakeholders, and held a workshop. The Ministry of Justice published a draft 2nd NAP (2023-2027) in May 2022. Public consultations on the draft were held between 2 August 2-19 September 2022.
On 18 and 19 September, 2022, the International Commission of Jurists (ICJ) organized an online discussion panel with government, CSO, corporate and community stakeholders to review the implementation of the first NAP and discuss the draft of the second NAP (2023-2027). The participants identified the following shortcomings:
- The first NAP lacked legally binding force;
- Indicators for the implementation of the first NAP were mostly quantitative, not enabling an analysis on whether NAP measures led to a change of behaviour of corporate and State actors;
- Government authorities lacked capacitation in human rights;
- The first NAP was not properly disseminated, knowledge was limited to large and multinational companies;
- There were no indicators for corporate implementation of the NAP;
- Stakeholder participation on the draft process for the second NAP was rushed and confusing. Information about the plan was not transparent and the objective of public hearings was not clear.
During the 11th UN Business and Human Rights Forum (28-30 November, 2022), the Manushya Foundation expressed its disappointment with the implementation of the first Thai NAP and announced they would formally disengage with the development of Thailand’s updated NAP through the #StopNAPping campaign. The foundation pointed out that the NAP did not constitute a “smart mix” of voluntary and obligatory measures, but rather focused solely on voluntary measures by companies enabling “greenwashing” and “corporate capture” of BHR efforts in Thailand.
Last day of the #bizhumanrights week featured a workshop on “The Role of Government in Promoting Responsible Business Practices and Respect for human rights”. Over 120 government agencies attended the event to discuss the priority areas including labour rights in the NAP on #BHR pic.twitter.com/LxpsqghJG7
— UNDP Thailand (@UNDPThailand) June 3, 2022