Page 76 - Rights beautiful : collection of Professor Saneh Chamarik
P. 76

Rights Beautiful Collection of Professor Saneh Chamarik


                             The case of Thailand to be presented here is no exception. For, after all,
                             human rights commissions or any other mechanisms simply do not exist
                             and perform in a vacuum, void of economic, political, social, and cultural contexts.


                             Background
                                    The NHRC is the first of its kind in Thailand and only just a little
                             over one year old, being established as of July 2001. It is created under the
                             1997 Constitution, popularly dubbed People’s Constitution, something
                             equivalent to the “People’s Power” slogan during the anti-Marcos regime
                             uprising in the 1980s Philippines. It is still in its formative stage. On top of
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                             the assigned tasks and function set by law,  a strategic plan and programme
                             of action needs to be worked out. This is to take into account historical and
                             circumstantial background, the state of knowledge and situation of human
                             rights, the question of how to get organized both within and in relation

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                              Constitution of the Kingdom of Thailand B.E. 2440 (1997), Section 200:
                              “The National Human Rights Commission has the powers and duties as follow:
                                  (1) to examine and report the commission or omission of acts which violate human
                                      rights or which do not comply with obligations under international treaties to
                                      which Thailand is a party, and propose appropriate remedial measures to the
                                      person or agency committing or omitting such acts for taking action. In the case
                                      where it appears that no action has been taken as proposed, the Commission
                                      shall report to the National Assembly for further proceeding;
                                  (2) to propose to the National Assembly and the Council of Ministers policies and
                                      recommendations with regard to the revision of laws, rules or regulations for the
                                      purpose of promoting human rights;
                                  (3) to promote education, researches and the dissemination of knowledge on human
                                      rights;
                                  (4) to promote co-operation and co-ordination among Government agencies, private
                                      organizations, and other organizations in the field of human rights;
                                  (5) to prepare an annual report for the appraisal of situation in the sphere o human
                                      rights in the country and submit it to the National Assembly;
                                  (6) other powers and duties as provided by law.
                              “In the performance of duties, the National Human Rights Commission shall also have regard
                              to the interests of the country and the public.
                              “The National Human Rights Commission has the power to demand relevant documents or
                              evidence from any person or summon any person to give statements of fact including other
                              powers for the purpose of performing its duties as provided by law”

                              70                  OFFICE OF THE NATIONAL HUMAN RIGHTS COMMISSION OF THAILAND
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