Page 29 - รายงานผลการประเมินสถานการณ์ด้านสิทธิมนุษยชนของประเทศไทย ปี 2559

• The proposal of drafted law with additional amendment of the Computer Crime Act, B.E. 2550 (2007)
and some provisions granting powers for the Government to be able access or freeze any flow of information

and communication of people regardless any clear reason given and might create disproportional impacts to
rights and liberties of people.

Thus, the protection of rights to privacy and personal information is still imbalanced and inconsistent
with human rights standards, the NHRCT hereby would like to propose that the activities with

capacity-building and awareness-raising and development of bodies of knowledge on rights to privacy
and personal information shall be provided to both private and public authorities. These would help to
update all changes with more articulations for relevant officials to catching-up with information technology

and communications with effective enforcement of the Personal Information Protection Act, B.E. …. .

RIGHTS AND FREEDOM OF EXPRESSION, ASSOCIATION AND PEACEFUL
ASSEMBLY:
The NHRCT witnesses the limits and controls of rights and freedom of expression, association and

peaceful assembly with strict manners and surveillance through the enforcement of relevant laws especially
towards freedom of expression on political stands, ruling systems and public assembly, nonetheless these
would relate to public policies or public and private projects creating impacts to people and communities.

The Government has adopted laws and policies controlling freedom of expression as follows:
• The Criminal Code, the Public Assembly Act, B.E. 2558 (2015) and the Computer Crime Act, B.E. 2550 (2007);
• The NCPO’s Order No.3/2559 on the entrustment for approval and signing for appointment of
competent officials on prevention and suppression and assistant officials on prevention and suppression
offensive acts making harms for social order or destruction of economic and social system of the country.

The NHRCT finds that such laws and policies creating rooms for government officers to use wide discretion
with various responses by the end, while there are legislative measures and mechanisms with the dilution of

rights and freedom of people in exceeding causes and without necessities, cancellation or amendment if out of
date or irrelevance with current situations or being shortcomings for making life of the public.

2. ECONOMIC, SOCIAL AND CULTURAL RIGHTS

The NHRCT assesses overall economic, social and cultural rights, prescribed under International
Covenant on Economic, Social and Cultural Rights (ESCR), and would like to present main incidents with
its concerns and recommendations as follows:

RIGHT TO EDUCATION:
The Government has endorsed various policies and measures for ensuring the accessibility to compulsory
education without any basic payments and now spends continual efforts for achievement of rights to education with
progressiveness in numerous dimensions, as: to allocate 20 percent of annual government statement of expenditure for

education; to guarantee accessibility to compulsory education without any basic payment and to enlarge basic education

รายงานผลการประเมินสถานการณ์ 28 ด้านสิทธิมนุษยชนของประเทศไทย ปี ๒๕๕๙