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of the human rights violation, the Commission had 5.2 The implementation to comply with
the power to mediate the dispute of the parties to the NHRCT’s recommendations contained
cease the issue of complaint. This was consistent to in the annual report assessing human rights
internationally recognition the national human rights situations
institutions should have quasi -judicial powers which The Constitution of the Kingdom of Thailand,

include to seek amicably settlement of human rights B.E. 2560 (2017), Section 247 (2) prescribed the NHRCT
disputes through mediation. However, the current with duties and powers in preparing the annual report
Organic Act on National Human Rights Commission, assessing human rights situations within the country,
B.E. 2560 (2017) did not prescribe the NHRCT with such and presenting the report to the Parliament and
power, causing the Commission’s inability to mediate the Cabinet. The Organic Act on National Human Rights
the disputes between the conflicting parties. Commission, B.E. 2560 (2017), Section 43, paragraph one,
In its annual report in fiscal year 2019, stated that once receiving such report, the Parliament,
the NHRCT cited the lack of mediation power as one the Cabinet, or the relevant agencies needed to
of challenges, and raised the issue to the Chairperson promptly take appropriate actions to improve or

of the Senate Standing Committee on the Independent correct the situations. In the case that it cannot be
Organs under the Constitution to support the implemented or need time for the implementation,
amendment of the Organic Act on the National the said parties have to notify the NHRCT of reasons.
Human Rights Commission of Thailand, B.E. 2560 In practice, the NHRCT continually received
(2017), resulting in the ongoing in-depth study on explanations from the Cabinet and the relevant
the reconciliation function of the NHRCT. The NHRCT government agencies, mostly concerned with their
also officially expressed its concern by sending a note comments and activities related to the issues raised in

to the Prime Minister and the Cabinet. Additionally, the report rather than the results of the implementation
the Acting Chairperson raised the issue with the SCA based on the recommendations contained therein,
during the virtual interview for re-accreditation. or the reasons why those recommendations cannot
Subsequently, the SCA also consistently recommended be implemented, or the reasons for taking time.
that in fulfilling the NHRCT’s complaint-handling Recommendations
mandate, it should be provided with the necessary The Cabinet should reiterate with the government
functions and powers which included the ability to agencies to consider implementation of the
seek an amicable and confidential settlement of recommendations contained in the NHRCT annual
the complaint through an alternative redress process. report on the assessment of human rights situation.

The SCA; therefore, encouraged the NHRCT to continue The results of the implementation should be
to advocate to regain the function to seek an amicable informed as prescribed in the Organic Act on
settlement to disputes through conciliation. the National Human Rights Commission of Thailand,
Recommendations B.E. 2560 (2017), Section 43. The Cabinet should also
The Parliament and the Cabinet should support support essential resources (such as budget, digital
the amendment of the Organic Act on the National technology, transfer of knowledge and other skills,
Human Rights Commission of Thailand, B.E. 2560 (2017) etc.) in the development of the database system for

prescribing the NHRCT with the mandate to seek an storing and utilizing the data to be used as a tool to
amicable settlement to disputes through conciliation. support the follow-up process on the implementation
of the NHRCT’s recommendations, similarly to