Page 39 - รายงานผลการปฏิบัติงานคณะกรรมการสิทธิมนุษยชนแห่งชาติ ประจำปีงบประมาณ พ.ศ. 2560

Summary of Problems, Obstacles and Recommendations for Actions

The National Human Rights Commission of Thailand prepared an annual report for the year
2017 according to our duties and authority provided in Section 45 of the National Human Rights

Commission Organic Act, B.E. 2560 (2017) which came into force on 13 December 2017. The
th
Act requires the National Human Rights Commission to prepare an annual report to present to
the Council of Ministers and the Parliament. The Commission is required to at least summarize
problems, obstacles and recommendations for actions and disseminate this report to the public in

general. From operation in the past year, the National Human Rights Commission could summarize
problems, obstacles and have recommendations/guidelines for solving the problems as follows:

1. Downgrading of status of the National Human Rights Commission has
affected human rights images of the country and the government, and also

affected images of the NHRCT, possibly causing the NHRCT to lose credibility
and recognition in the eyes of international human rights community:

1.1 There is no provision that requires broad consultation or participation of civil society
sector in the application, screening and selection process, including public relations of vacancy
and criteria for consideration of applicants’ qualifications that clear and detailed enough.
Guidelines for solutions: The NHRCT came up with proposals about selection process for NHRCT

members and presented them to the Constitution Drafting Committee to prepare the National Human
Rights Commission Organic Act, B.E. .… to make the selection process transparent, merit-based, focusing
on consultation and/or participation of the people, and widely disseminate news about the application
process, so that they would be applicants from various sectors with diverse education background to

ensure independence and create public trust.

1.2 There is no legal provision with immunity for protection and independence of the
NHRCT in their performing of duties in order to protect Chairman and members of the NHRCT
from having to bear any guilt, both civil and criminal, when they honestly perform their duties

and use their authority.
Guidelines for solutions: The NHRCT proposed to the Constitution Drafting Committee that the
National Human Rights Commission Organic Act, B.E. … should have provisions to protect operation

of the NHRCT in order to prevent honest performance of duties by Chairman and members of the National
Human Rights Commission from being under external influence or from being threatened with legal prosecution,
enabling the NHRCT to express views on human rights independently without interference.

38 | รายงานผลการปฏิบัติงานคณะกรรมการสิทธิมนุษยชนแห่งชาติ ประจ�าปีงบประมาณ พ.ศ. ๒๕๖๐