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of private sectors, apart from those obliged to the state party, as to adopt and enact domestic laws and policies
with enforcement for the application and respect of human rights principles into business operations. And for
Thailand, though business sectors give cooperation to act corresponding to its domestic laws and policies but
there are some laws with loopholes for human rights impacts as follows:
• Impacts to labor, migrant workers, communities and groups with vulnerability, as per the
European Commission issued a yellow Notice to Thailand or the U.S. Department of State launched a
Trafficking in Persons Report (TIP) with placement of Thailand in Tier 3;
• Impacts to communities and environment caused by mining operations, extractive industries
and other mega-development projects or investments both in Thailand from any business sectors and
in Thailand’s neighboring countries or abroad from Thai affiliating entities.
The NHRCT addresses that the Government makes a number of measures and policies for solving
recent problems with more cooperation of business and non-states actors undertaking human rights-based
approach. The Cabinet adopted a Resolution, dated 16th May 2016, corresponding to the NHRCT’s policy
recommendation on transboundary cases with extra-territorial obligations (ETOs) to showing-up of political
will to mobilize the adoption of measures and operational guidance for encouraging business actions with
social responsibility and respect of human rights of both in Thailand and abroad, especially for all Thai
investment or development in neighboring countries. In addition, the Government also framed a Strategic
Plan for Promoting Corporate Social Responsibilities, No.1 (2015-2017) with regular review. Nonetheless,
the NHRCT observes that there are very few progress actions in a moment, except for those seriously
affecting to earnings of businesses and trades. It thus recommends the state authorities and private sectors
to vigorously undertaking the interpretation of UNGPs into practices with precaution and preventive
tools – Human Rights Due Diligence (HRDD) - comprehensively inspecting human rights impacts.
SITUATIONS IN THE DEEP SOUTH:
In 2016, there were 807 incidents, with 307 death toll and 628 injured persons from violence
in the Deep South. These were increased from the year 2015 with 674 incidents, 246 death toll and 544
injured persons. Meanwhile the Government makes efforts to solve problems with non-violence through
peace talks and dialogues with all relevant parties since September 2016. Some safety zones have been
demarcated in areas with most concerns including the making of agreements among parties. Anyhow
there are some incidents as follows:
• The continuity of violence committed in the Deep South while there are none of concrete
actions taken or with any progress outcomes from agreement made though peace talks and dialogues;
• There were some complaints lodged to the NHRCT with allegation that the adoption and using
of martial and security laws in the deep south provinces causing violations towards rights to fair trial.
The NHRCT addresses that groups of affected children and women whom lost their family leaders
and breadwinners in violations are still facing both direct and indirect impacts with continuity, thus would
like to urge the Government to give proper remedial in due process with effective manners for ensuring
that they all would be treated properly in both natures of physical and mental damages.
รายงานผลการประเมินสถานการณ์ 31 ด้านสิทธิมนุษยชนของประเทศไทย ปี ๒๕๕๙