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