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Action Plan on Business and Human Rights, so that the UNGPs are seriously implemented. The Council
of Ministers also passed two resolutions on 16 May 2016 and 2 May 2017 following recommendations
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from the NHRCT as results of the NHRCT’s investigation on human rights violations caused by investment
or the government’s large-scale development projects or Thai business in Myamar and Cambodia.

Even if the government and majority of business were more aware of human rights, it was still found
that there was not much concrete actions, especially in term of using human rights due diligence (HRDD)
to regulate various activities as a whole and in supply chain, while most remedies were still results of
non-judicial process in forms of compensation, replacement costs and damage costs that needed times

and resources to fight for in court. There were also concerns about how to deal with various impacts and
sustainable management.
The NHRCT proposed that the State should come up with concrete measures to prevent or tackle
various impacts caused by business conducts, especially impacts on community rights, natural resources,

the environment and health of society as a whole, while preparing measures to regulate investment in other
countries by investors of Thai nationality to ensure that basic human rights principle is respected. There
should also be mechanism to create incentives for government and private agencies to use HRDD Process
to regulate various activities as a whole and in supply chain, and also to monitor this implementation.

This mechanism should cover the government and state enterprises’ large-scale projects or investments
and projects by Thai private sector that receive supports from Thai government both in Thailand and
neighbouring countries.

Community rights and natural resources base and the environment

The State has tried to carry out various projects to develop the country. However, in many
cases, these efforts did not follow the principle of people’s participation from providing information,

hearing of people’s views and lack of planning or preparation to remedy or solve problems faced
by the affected people and communities, resulting in conflicts between the state and local people
and communities, creating inequality in society. Major situations included (1) energy management by
construction of coal-fired power plants in several provinces, such as Songkhla (Thepha District), to create

energy security, resulting in objection and resistance from communities in the area who were concerned
about possible impacts and were not given opportunities to really participate in the projects; (2) mining
management, the Council of Ministers passed a resolution to terminate mining all over the country after
31 December 2016 and amended the Mineral Act, B.E. 2510 (1967). At present, the government is in the
st
process to review this legislation; and (3) management of natural resources, land and forests, referring
to the use of NCPO’s Orders no. 64/2557 and 66/2557, it was seen that the state’s implementation
of various development policies still did not consider or use utmost efforts to promote and protect
human rights of the people and communities. Moreover, implementation of development policies

lacked consistency or even in conflict with other policies, including directions of development that are
the National Agenda; and (4) development of special economic zones affected rights of the people in at
least two areas. The NCPO’s Orders no. 3/2559 and 4/2559 also affect the people’s right to participation

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