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The deficiency of a government is dynamics and it is the concept that needs to
officer who claimed that private land was create awareness. Human rights promotion and
public land and then built a school on the land. protection will be succeeded if people,
The government has to pay compensation for
communities and media are active and strong
the landlord due to the loss opportunities to
in order to impact on changing of political
cultivate.
structure. Determination of development direction
2) Cases that people apply the and government policies in all levels must be
Commissionûs investigation report for their other
supportive to majority of people and respectful
opposing such as opposing accusation in the
to cultural diversity based on sustainable
court, campaigning in mass media and public,
development. That is the çcudgelé. Human Rights
campaign to international alliance of labor union
depends on peopleûs strength.
and demanding directly from the government.
2) The Commission needs more channels
D. Efficiency assessment of existing to coordinate with the Court directly. In case of
measures: Is it time that the Giant constitutional and legal amendment, the
must have a cudgel? Commission may submit cases to the
Measure 1) Making investigation Constitutional Court to examine laws that might
report and setting remedial measures violate human rights; or to submit cases to the
Administrative Court to examine regulations,
The Thai NHRC has been criticized as
rules, notices and governmental performances
ça Giant without a cudgelé because the
that violate human rights. The suggested
Commission does not have powers to enforce
channel does not need to submit to the
others to follow the remedial measures.
government or the Ombudsman as in the present
Besides, legal and policy recommendation
suggested by the Commission have not been because nowadays the Commission has
implemented. examined and found that there are many
regulations, rules, notices and governmental
Even though the Commission has succeeded
performances that violate human rights including
in some areas but it does not have efficiency
laws against the constitution but it is inconvenient
enough comparing to the existing human rights
and inefficient to coordinate with the Courts.
violations that occur severely and have
complexity. Especially from laws, government
policies and impact of globalization that
construct mutual impacts to the world including
political structure dominated by mega capital
groups that have conflict of interest.
Alternatives concerning powers of the
Commission
1) The Commission does not need to
have judicial power. It is because human rights
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