A/HRC/41/43/Add.3 Rights of ethnic groups living in Thailand (Paras. 69-75) 36. Thailand recognizes the challenges facing ethnic groups, including those living in conservation areas. Given the Government’s policies regarding conservation efforts, people who used to reside in or utilize the areas prior to these policies may be affected to a certain extent. That is why Thailand has undertaken systematic reviews of its laws, policies, measures and practices to make it possible for people to live harmoniously in the forests, including the protected ones. Our work in progress includes the enactment of the National Parks Act B.E, which will come into effect in November 2019 to allow people, including ethnic groups, who are landless and have resided in or utilized the national park within the timeframe under the governing policies, to secure land tenure, continue their traditional way of life (e.g. a traditional rotational farming system), and preserve their cultural integrity. 37. Regarding para. 71, there is no statistical evidence that the ethnic groups living in the Northeastern region are the poorest and have limited access to education. Access to effective remedies (Paras. 76-85) 38. While various positive developments for judicial remedies have been recognized by the Working Group, one of its recommendations is for Thailand to establish special environment courts. As discussed with the Working Group during its visit, environment divisions with expert judges have been established in the Courts of Justice and Administrative Court at all levels. Since the number of environment-related cases is small, the establishment of special environmental courts does not fulfill will not justification of cost-benefit analysis. 39. In 2017, Thailand enacted the Organic Act on the National Human Rights Commission (NHRC) to strengthen the NHRC in monitoring human rights violations and promoting human rights in the country in accordance with the ‘Principles relating to the Status of National Institutions’. The Organic Act addresses a number of drawbacks of the previous act, particularly on the issues of composition and guarantees on the independence and pluralism of the NHRC. The Organic Act protects members of the NHRC from all legal liability for actions undertaken in good faith during the course of their official duties and gives them the power to investigate and request or order any government officials or any person to present information, lodge complaints and “act” as the injured person him/herself in criminal cases related to human rights violations, given that the injured person is unable to do so, and to clarify documents and evidence. The NHRC can also submit recommendations related to human rights issues or problems to the Cabinet for further action. 40. Regarding para. 78, the Administrative Court is currently studying the possibility of allowing class action cases to be filed with it in the same way as at the Court of Justice. Conclusion (Paras. 91-93) 41. Thailand is concerned about the Working Group’s focus on the temporary political conditions that are not always related to business issues. There is no statistical evidence to support any business-related prosecution. In practice, business-related cases against human rights defenders, journalists, and environmentalists, if any, are mostly brought by private plaintiffs. B. Recommendations 42. Regarding para. 95, Thailand has been active in promoting business and human rights in ASEAN through the ASEAN Intergovernmental Commission on Human Rights (AICHR). AICHR Interregional Dialogues have been regularly held during the Bangkok Business and Human Rights Week. The 2019 AICHR Interregional Dialogue, for instance, focuses on the roles of institutional investors to promote ESG. 7

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