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รายงานผลการปฏิบัติงานคณะกรรมการสิทธิมนุษยชนแห่งชาติ 38 คณะกรรมการสิทธิมนุษยชนแห่งชาติ
ประจำ�ปีงบประมาณ�พ.ศ.�2562

Constitution of the Kingdom of Thailand, B.E. The NHRCT had come into the application of
2560 (2017), Section 247 (4) and the Organic Act re-accreditation with review of the SCA-GANHRI
on the National Human Rights Commission, B.E. in November 2015, and at that time the SCA
2560 (2017), Article 26 (4) together with Article 44 considered and opined that there were main
authorize the NHRCT to hold duties and powers concerns towards the operations of the NHRCT
for making of clarification and report of fact as: (i) the selection and appointment process;
with accuracy and with prompt action in case (ii) the functional immunity and independence;

of there is any report made relating to human and (iii) the effective response to human rights
rights situation in Thailand with inaccuracy or incidents in due process. For both (i) and (ii), they
unjust and providing to the public in general. need to be stipulated with amendment in any
laws relating to the NHRCT, which somehow, the
The NHRCT has been receiving comments and NHRCT is not in a position for the amendment
observations from various networking organizations of these laws.
both inside and outside Thailand that the exercise
of such duties and powers would be in conflict with Anyhow, the NHRCT had make efforts
the principle of independence of operations made with clarification of facts and opinions to the

to the NHRIs under the Paris Principles, meanwhile Constitutional Drafting Committee, during the
the Government had already designed some time of 2017 Constitution was drafted, until there
certain organs and mechanisms with resources were additional provisions made pertaining
allocated to carry out such mandates, thus the to the selection and appointment process
NHRCT, in order to ensure their duties carried-out for the NHRCT together with the functional
with independence, effectiveness and trustworthiness, immunity and independence which were main
had officially made the certain criteria for concerns and root causes for downgrading

considering the validity of actions taken to human of status upon the SCA’s opinion and these
rights reports, in case of they should be responded significant changes had been made and
with clarifications or statements. stipulated in the 2017 Organic Act on NHRCT.

2) The downgrading of status of the NHRCT Within the fiscal year 2019, the NHRCT had
from “A status” to be “B status” due to the compiled and submitted a report on compliance
uncontrolled factors and apart from the with the Paris Principles and all relevant documents
improvement and solving of the NHRCT to Secretariat of the SCA for consideration with
themselves. review of application for re-accreditation.

The NHRCT had been downgraded from
“A status” - a status with full functions and acts 4.2 Recommendations
in compliance with the Paris Principles, to be 4.2.1 The Cabinet, by the Budget Bureau, the
“B status” - a status with partial functions and Select Committee on Consideration of Draft Public
acts in compliance with the Paris Principle, due Spending and Budget Act in Fiscal Year, B.E. ….
to other uncontrolled factors and apart from and together with the Parliament shall consider
the improvement and solving of the NHRCT to allocate budget for Office of the NHRCT in

themselves, especially the legal challenges. accountable with the NHRCT’s duties and powers,