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3) The Commission may have more the Constitutional Court interpreted that the
power to enter an action and to represent the Commission has its power to investigate the
victim in the court of law. More channels are case and the result is that high ranking state
needed for the Commission to link directly with officers and state agencies have better
the Court in some cases. The Court may allow cooperation with the Commission.
the Commission to attend the fact-finding
Options for more effective fact finding
meeting in cases relating to human rights.
missions
4) How to raise the National Assemblyûs
1) To amend the National Human Rights
awareness to support the Commissionûs
Commission Act by appointing the office from
investigation report to be more efficient. During
a Parliamentary agency to be an independent
past 5 years, the National Assembly did not
legal entity or a public organization
consider the Commissionûs investigation report.
In November Úˆ, the National Assembly At present, the Thai NHRC is an
considered the report. independent body but the administration
and budgeting process are of the stateûs
Measure 2) Significant mandate of
bureaucratic system. Such structure does not
the Commission are to validate and to
efficiently facilitate the works of the Commission,
gain public acceptance
especially the investigation and advocacy which
At the first phase, the Thai NHRC faced have to deal with various people organizations.
obstacles such as misunderstanding from many If the networking is improved, the works of the
sectors especially state agencies which did not Commission to assist victims of human rights
cooperate in fact-finding process organized by violations will become more efficient.
the Commission and construed that the case
The present obstacles become the
was in jurisdiction of the court in order to avoid
limits for the Commission to receive complaints
the Commissionûs investigation. But the
from small people and local communities,
Commission did not exercise its power as stated
especially those who are unable to get access
in the penalty provision according to the laws
and to rely on normal stateûs mechanisms. In
which indicates the penalty both fine and
their situations, these are cases which seriously
imprisonment. The Commission has tried to
affect their ways of living.
create awareness and mutual learning for
better cooperation. 2) State should take action on Human
Rights Master Plan
The Commission investigated a case on
violent clash relating to the Thai-Malaysian gas This is to oversee and supervise other
pipeline project and submitted the investigation government sectors in order to alleviate the
report which proposed the remedial measures violation of human rights. There is also a
to the Prime Minister and the National Assembly seriously need to amend laws and related
in 2003 but the House of Representatives asked regulations. This is because the better state
for the interpreting of the Constitutional Court mechanism to protect human rights, the less
whether the Commission has its power to petitions cases would come into the Thai NHRC.
investigate this case by citing that police The only cases left would be complicate ones
arrested demonstrators. On 8 February 2005, and cases which state cannot resolve.

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