Harman Patil (Editor)

National Human Rights Commission (Thailand)

Updated on
Edit
Like
Comment
Share on FacebookTweet on TwitterShare on LinkedInShare on Reddit

The Thai National Human Rights Commission (Thai: คณะกรรมการสิทธิมนุษยชนแห่งชาติ; rtgsKhana Kammakan Sitthi Manutsayachon Haeng Chat; Abrv: NHRC) was established 13 July 2001 as a national human rights institution.

Contents

Inception

The inception of the Commission came after a clash (known as “Black May”) between pro-democracy demonstrators and the military in May 1992 which resulted in severe casualties. The Cabinet (42: Prem Tinsulanonda 3 March 1980 – 30 April 1983) passed a resolution in September the same year, to establish a national mechanism committed to the protection of human rights. The national human rights commission was eventually mandated in Article 199 and 200 of the Constitution adopted in October 1997, and formally constituted in July 2001. From its inception to 31 May 2005, it received a total of 2,148 complaints of which 1,309 had already been investigated, 559 were still in the process of investigation, and 209 were in the process of gathering evidence. These complaints covered not only civil and political rights but also other spheres of rights including economic, social and cultural rights. As for the "clash" that inspired the NHRC, on 16 May 2002, Amnesty International issued a press release noting that ten years later, justice had still not been done.

Nevertheless, as a result of its proactive stance in relation to corporate-related human rights abuses, NHRC is widely accepted by the public, and it has apparently been receiving an increasing number of cases in recent years. Many cases are still being resolved but the NHRC remains committed to affording victims of corporate related human rights abuses and access to remedies. The NHRC’s mechanism is easy to understand and is similar to court-based adjudication. The difficulty lies in the lack of enforcement powers and hence in the lack of ability to order remedies if one party defaults and the National Assembly fails to look into the problem. Hence, there is the possibility that the victim may not have access to any remedies and thus greater enforcement powers are needed.

Coup of 2006

The NHRC began to experience severe difficulties after the Thai military seized power in the 2006 Thailand coup. The Commission remains in existence but members have not been appointed to replace those whose terms have come to an end. Saneh Chamarik, chairman of the Commission, defended the coup, stating in an interview:

His remark was criticized by Suwit Lertkraimethi, an organizer of the 19 September Network against Coup d'Etat, who noted, "His role is to protect human rights, but his statement showed his approval of human-rights violations." Suwit demanded Saneh's resignation from the NHRC.

Accreditation

It is accredited with "A status" by the International Co-ordinating Committee of National Human Rights Institutions (ICC), and is a member of the regional NHRI network, the Asia Pacific Forum.

Notable decisions

  • On 16 June 2011, the Office of the President of Khon Kaen University (KKU) accused Faculty of Law acting dean Kittibodi Yaipool and his staff of destroying official documents, and barred them from entering the grounds of the faculty. Mr. Kittibodi appealed to the NHRC, which met in the following July to consider his case. 28 February 2012, the NHRC issued a report condemning KKU for arbitrarily and unjustly dismissing Kittibodi, urges the University to exonerate Mr. Kittibodi and his personnel, and to consider reinstating them in their former positions.
  • References

    National Human Rights Commission (Thailand) Wikipedia