A/HRC/41/43/Add.3
UNGPs, the OECD Guidelines for Multinational Enterprises, ISO 26000, the International
Finance Corporation (IFC) Performance Standards, and international labour standards set
by the ILO, among others.
9.
As mentioned in the Report, the Global Compact Network Thailand (GCNT), Thai
Chamber of Commerce, Federation of Thai Industries and Stock Exchange of Thailand
(SET) have continued efforts to encourage their members to align their practices with
international standards as well as the initiatives on training and workshops on human rights
due diligence. Meanwhile, the SET was awarded the UN Sustainable Stock Exchanges
(SSE) Market Transparency Award and ranked seventh among 35 global stock exchanges
in 2018, moving up from 40th in 2013. It is also the only Asian stock exchange to reach the
top 10. The SET has also supported its listed companies in integrating environmental, social
and governance (ESG) aspects into business strategies and operations through a variety of
capacity-building tools, including sustainability training, consultancy and assessments.
The State as an economic actor (Paras. 14-15)
10.
Pursuant to the Prime Minister’s instruction for Thailand’s 55 State-owned
enterprises (SOEs)2 to show leadership in aligning their practices with the UNGPs, the
“Improved Principles and Guidelines for State-owned Enterprises’ Good
Governance” have been approved by the Cabinet on 26 March 2019. They have set clear
expectations for SOEs, including in the areas of enhancing the participation of stakeholders,
sustainability and innovation as well as disclosure and transparency in line with OECD
corporate governance practices and the World Bank’s Corporate Governance of SOEs
toolkit. In addition, the Act on the Development of Supervision and Management of
SOEs, which took effect on 23 May 2019, will enhance SOEs’ performance in terms of
effectiveness, efficiency and good governance.
11.
The Government Pension Fund (GPF), which is one of the country’s largest
institutional investors, has adopted corporate governance and ESG practices and promoted
them in the investment community.
Environment and social impact assessments (Paras. 17-22)
12.
According to the National Human Rights Commission of Thailand, between 2001
and 2017, a total of 10,824 cases were reported to it. Of this number, some 2,199 concerned
business activities. The Commission found that 552 of the total complaints had merit and
151 cases demonstrated actual business-related human rights impacts.
13.
To strengthen its EIA/EHIA process, Thailand has enacted the Enhancement and
Conservation of the National Environmental Quality Act (No.2) B.E. 2561 (2018)
(Amendment), which came into effect on 18 July 2018. In line with Sections 58 and 278 of
the 2017 Constitution, key amendments include the following: (i) Strategic Environmental
Assessment (SEA) results shall be considered in the EIA/EHIA assessment for any project
that SEA is required; (ii) a health assessment is required for “significant projects”; (iii) EIA
reports shall be valid for development project application only within five years from the
approval date; (iv) compliance reports shall be prepared in line with the measures specified
in the EIA report, and submitted to the development approving authority at least once a
year; and (v) non-compliance penalties include a fine not exceeding 1 million Thai Baht on
developers who commence construction before the EIA report is approved or is deemed to
be approved and daily fines not exceeding 100,000 Thai Baht throughout the period of
construction.
2
The 55 SOEs include some of the largest enterprises, investors and banks, such as the Electricity
Generating Authority of Thailand, the Industrial Estate Authority of Thailand, PTT Public Company
Limited and Krung Thai Bank Public Company Limited.
3
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