Page 40 - รายงานผลการปฏิบัติงานคณะกรรมการสิทธิมนุษยชนแห่งชาติ ประจำปีงบประมาณ พ.ศ. 2560
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Executive Summary



            2. Monitoring actions taken according to measures to solve problems from the reports

            of results from examination of human rights violation by the National Human Rights
            Commission of Thailand which the NHRCT had sent to related agencies:



                These were consisting of measures to solve human rights violation problems, policy recommendations
            and recommendations to improve laws. By monitoring results of actions to solve problems through
            coordination, it was found that related government agencies had continuously tried to solve the
            problems with some progress but could not terminate them or could not take actions because of some

            problems and obstacles to follow the resolutions made by the NHRCT as follows:


                     2.1 Measures to solve human rights violation problems as the NHRCT required in
            the  reports of results of human rights violation examination were just recommendations or
            suggestions, not legally binding, resulting in related government agencies not paying

            attention or trying to take actions in order to make these measures effectively successful.
            Moreover, most government agencies still tended to adhere to existing legal framework
            rather than trying to protect against or solve human rights violation problems.

                Guidelines for solutions: The Council of Ministers should pass a resolution requiring government
            agencies to strictly take actions according to the NHRCT’s measures to solve human rights violation
            problems within a certain period of time.  If they disagreed with the measures or were restricted by
            any legal provisions, they should report to the Council of Ministers with suggestions so that the Council

            could consider giving orders.


                     2.2 Related government agencies could not take actions according to measures to
            solve human rights violation problems as the NHRCT required in the reports of results of

            human rights violation examination because:
                     • They were against legal provisions and official regulations;
                     • They lacked clarity in the way these measures could be successfully and concretely
            implemented;
                     • They involved land conflicts of which right over land needed a long time to prove and

            concluded;
                     • They involved several related government agencies, resulting in the lack of inte-
            grated actions to solve the problems; and

                     • The Government agencies being informed to take actions according to the NHRCT’s
            recommendations do not have direct authority to do so.
                Guidelines for solutions: The Council of Ministers should pass a resolution requiring government
            agencies to strictly take actions according to the NHRCT’s measures to solve human Rights violation

            problems within a certain period of time.  If they disagreed with the measures or were restricted by any
            legal provisions, they should report to the Council of Ministers with suggestions so that the Council could
            consider giving orders.



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