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รายงานผลการปฎิบัติงานคณะกรรมการสิทธิมนุษยชนแห่งชาติ  035
                                                                                   ประจ�าปีงบประมาณ พ.ศ. 2563



            4.2  Internal dimension                           that it may be regarded inconsistent with the Paris
                                                              Principles at the time, but to no avail.
            4.2.1 Operational efficiency                           In 2019, the NHRCT submitted application
                  The efficiency was evaluated from the operation   for re-accreditation to the Sub-committee on
            processes and the budget spending according to   Accreditation (SCA)  under the Global Alliance of
                                                                                1
            the annual action plan.                           National Human Rights Institutions (GANHRI), being
                                                              confident that all concerns of the SCA were fully
            4.2.2 Organization development                    addressed. Later, in December 2020, the Acting
                  The development was evaluated from the  Chairperson gave interview virtually to clarify
            progress made in the areas of the organizational   questions raised by the SCA. In the interview, it was
            adjustment to rapid changes, the strengthening system   clearly reaffirmed to the SCA that the NHRCT
            of organizational development, and the support for  performed such function with full independence
            knowledge management (KM).                        without any interference. Nevertheless, the SCA had
                                                              decision to defer the consideration of the NHRCT’s
            5.  Challenges and recommendations                application for re-accreditation for 18 months due to

                                                              its additional concerns on two legal issues, one of
                  In fiscal year 2020, the NHRCT found major  which was the mandate of Section 247 (4) of the 2017
            challenges and had recommendations the following: Constitution and Section 26 (4) of the Organic Act.
                                                              The SCA was concerned that such a function would
            5.1  Duties and Powers according to the   compromise the actual or perceived independence of
            Constitution of the Kingdom of Thailand,   the NHRCT, and recommended the NHRCT to take full

            B.E. 2560 (2017) and the Organic Act on   effort to advocate for the removal of this provision.
            the National Human Right Commission of                 Recommendations
            Thailand, B.E. 2560 (2017)                             The Parliament, the Cabinet, and the relevant
                                                              government agencies should consider supporting
            5.1.1 The problematic function to explain and  the amendment to the Constitution of the Kingdom
            report correct facts without delay in case where  of Thailand, B.E. 2560 (2017) by repealing the provision
            there is an incorrect and unfair report on human  in the Section 247 (4) at the first opportunity,
            rights situation in Thailand                      either through the ongoing initiative to amend

                  The Constitution of the Kingdom of Thailand,   the Constitution or by specific amendment of
            B.E. 2560 (2017), Section 247 (4) and the Organic  the article, along with the consideration to repeal such
            Act on the National Human Rights Commission of   function in the Organic Act on the National Human
            Thailand, B.E. 2560 (2017), Section 26 (4) states that   Rights Commission of Thailand, B.E. 2560 (2017).
            the NHRCT has the duty to clarify and report accurate
            facts without delay in the event of false or unfair  5.1.2 The lack of legal power of conciliation for
            report on human rights situation in Thailand and to  human rights disputes
            disseminate to the general public. The NHRCT shared     Originally, the National Human Right Committee

            its concerns with the Constitution Drafting Committee  Act, B.E. 2542 (1999) stated that during the investigation


            1   It is a sub-committee under the cooperation framework of the Global Alliance of National Human Rights
              Institutions (GANHRI) network, which had downgraded the status of the National Human Rights Commission of
              Thailand from status A to B in January 2016.
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