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รายงานการประเมินสถานการณ์สิทธิมนุษยชนในประเทศไทย ปี ๒๕๕๘

1.4 Freedom of Expression: A number of prolonged incidents with expression of opinions and
of political stands through media and political assembly caused unavoidably social disorders with rights
infringements of the public, a number of laws were regularly reinforced with the limit and derogation of
rights and freedom of expression. They were mainly used for prevention of offensive manners or causes of
injury and damages and then affecting to the expression of both individual and collective opinions. People’s
gatherings were being formed by those affected from policies, measures and other projects implemented
by either public or private sectors. NHRCT issued a report with policy recommendations for the draft Public
Assembly Act, B.E. …., making more focusing on significance of freedom of expression for developing and
strengthening of monitoring mechanisms and ensuring of transparency that would be safeguards for human
rights entitlement and exercise. The Commission opined that the Government shall not exercise security
laws in manners of public gathering laws or any other laws controlling or derogating rights, on the other
hand, it shall facilitate ways delivered for freedom of expression in appropriate manners instead. And in
any cases with necessity for rights derogation due to reasons with national security or restoring of public
order, public health and morality, laws and actions taken shall be cautiously monitored and supervised
under certain objectives and with legitimacy. These actions are required to strictly deserve with laws in
proportionality, specificity on case-by-case basis, direct connection and interpretation, and foreseeable
results to such rights exercised. Notwithstanding, these might not limit the exercise of rights to deliver news
and information for public interest in general.

1.5 Situations in the Deep South: In 2015, unrests in the Deep South compared within
those occurred in the past 12 years were apparently reduced, but in any single incident happened still
created high impacts to rights and liberties and caused the death and injury of persons. The right to fair trial,
rights of children and rights of women were still the most concerns and possible causes for human rights
violations, e.g. the controlling and interrogation of national security threat-suspected persons, the searching of
premises and whereabouts harbored for those national security threat-suspected persons, the testing of DNA
samplings collected from children under suspicion with relationship to security threat-suspected persons, etc.

2. ECONOMIC, SOCIAL AND CULTURAL RIGHTS

Most situations and concerns on economic, social and cultural rights in 2015 would more or less relate
to the undertaking of liberalism-responsive economic development policies, the running of mega project
developments without people’s participation and the overlooking of impacts occurred. They all caused
the social and economic disparities with emergence of public gatherings and resistances of groups of
individuals and communities affected. They were struggling for protection of their collective or community
rights through different means including to sue public authorities and entrepreneurs. NHRCT has seven
principal findings and observations as follows:

2.1 Energy Management: The Government tried to convince and facilitate communities and private
sectors to build biomass-power plants for generating renewable energy. The technology, compared with
other energy-generating technologies, is apparently proved with the low-cost raw materials consumed
while there are doubts and concerns on pollution and waste management that causes the resistance from
people living in projects’ areas and criticism on inappropriateness of locations and landscapes and
ambiguities of pollution management plans. There was a case lodged to the court with appealing for
th
the abolition of Resolution of National Environmental Committee, dated 10 June 2015 and the Natural

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