Page 30 - รายงานการประเมินสถานการณ์สิทธิมนุษยชนในประเทศไทย ประจำปี 2558

รายงานการประเมินสถานการณ์สิทธิมนุษยชนในประเทศไทย ปี ๒๕๕๘

Persons, No.2, the National Economic and Social Plan, No.12 and the Sustainable Development Goals (SDGs)
with making of policies supporting mechanisms and resources with rights entitlement to the older persons
under the Older Persons Act, B.E. 2546 2003); (ii) issue laws and by-laws corresponding to basic retirement
for Thai nationals aging from 60 years old onwards; (iii) create measures and mechanisms promoting the
changes of public attitudes against the older persons with more rooms for participation; and (iv) support the
work and implementation of working groups and international mechanisms pertaining to the development
of United Nations Convention on the Rights of Older Persons.

3.5 Ethnic and Tribal Groups and Indigenous Peoples: The main challenges
identified from the assessment of human rights situation of ethnic and tribal groups and indigenous
peoples in Thailand are the lack of clear focal point; lack of master plan made with integration of all
action plans; incoherence of laws, policies and regulations and with obsolescence; lack of rooms for
participation of various parties and lack of experienced persons engaged. These all caused the mismanagement
of data and without updated. In the meantime, the challenges with possible violation were also
addressed, e.g. the lack of land tenures and titles with possible acquisition and loss of ethnic, tribal and
indigenous lands, arable areas and dwellings with the proprietary rights violation and derogation; the lack
of clear and systematic data-base with incoherence of policies on development and on natural resources
conservation; the lack of personal legal status and individual integrity within legal recognition. These come
from the limits and natures of their dispersed settlement with ethnic diversities meandering on border
lines and areas. In some groups, they have been practicing nomadic lifestyle for generations with irregular
access to household and personal registrations under Thai laws, so their legal statuses are undocumented
or even documented but within the contentious database and ambiguity. And in some cases, relevant
government officers were alleged to engage with bribery and taking advantages for the claim and
consideration of personal legal statuses. NHRCT found some groups even registered under Thai laws but
inaccessible to basic public services with rights infringement, especially right to education, right to health
and freedom of movement. NHRCT assessed and highlighted principal findings with rights infringement for
ethnic and tribal groups and would like to make policy recommendations to the Government as: (i) to
accelerate and leverage working processes for the proof of personal legal status though more
cooperation made with civil society for surveying and solving of the delay of identity screening and registration
processes; to organized workshops for providing knowledge and understandings to registrars and relevant
district officers for household registration; and to precede the consideration of legal status of any individuals
surveyed under the Cabinet Resolution with Strategies for Solving of Personal Legal Statuses and Rights of
Persons, B.E. 2548 (2005); (ii) to accelerate and leverage working processes for land dispute resettlement
though more cooperation made with civil society for surveying and solving of these problems; (iii) to regulate
certain criteria and guidance for interpretation and consideration on grounds of national security threats, with
reconsideration of those being nationalized with a proof of continual residing in Thailand for certain period
of time to be able to take part in local administration in some cases; (iv) to encourage groups of children
facing personal legal status problems to be able to enroll and access to education with public budget
supported and appropriate measures with affirmative action made including the promotion of learning and teaching
methodologies with Mother-Tongue Based and Multi-Lingual Based (MTB/MLE) educations; and (v) to
adopt measures identifying ethnic, tribal and indigenous identities and backgrounds and to accelerate the
consideration of the draft Act on Council of Ethnic and Tribal Groups and Indigenous Peoples in Thailand, B.E. …..

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