A/HRC/41/43/Add.3
14.
EIA consultants are subject to quality control, a code of ethics and penalties.
Complaints about their misconduct will be reviewed by the Expert Committee for Granting
EIA Consultation License. In case of any error or fraud, the Committee has the power to
suspend or revoke the license in accordance with the Ministerial Regulation No.2 B.E. 2527
(1984).
15.
A draft Regulation of the Prime Minister’s Office on SEA is being developed. In the
meantime, the SEA Guidelines have been implemented in pilot projects in Rayong Province
and will also be used in the development of the Smart City in the Eastern Economic
Corridor.
16.
As explained to the Working Group during its visit, the NCPO Order 9/2016 was
applied only to urgent government projects relating to transportation, hospitals, irrigation,
disaster prevention and housing. It aimed to speed up projects by allowing the government
agencies in charge of the project to seek Cabinet approval of a potential private contractor
in parallel to the EIA process. However, it did not allow the responsible agencies to
conclude a contract prior to the approval of the EIA. The EIA must also be conducted in
accordance with the Enhancement and Conservation of the National Environmental Quality
Act.
Special economic zones and the Eastern Economic Corridor
(Paras. 22-27)
17.
Thailand’s Special economic zones (SEZs) are located in 10 provinces while the
Eastern Economic Corridor (EEC) covers areas in 3 Eastern provinces. Investors in the
SEZs and EEC are offered tax and non-tax incentives. Existing laws related to the
management of labour, environment and natural resources, however, continue to apply. In
the case of the SEZs, State-owned lands have been designated for rental and development
without land expropriation. For the EEC, if land expropriation is necessary, the 2018
Eastern Special Development Zone Act is strictly applied, that is, the Eastern Special
Development Zone Policy Committee shall appoint an ad hoc committee to conduct a
feasibility study of the area, financial viability, as well as impacts and guidelines or
measures for prevention, rectification or remedy of such impacts and the economic and
social values for the local community and the government. Any expropriation will be
compensated in accordance with the law.
18.
The development of SEZs and the EEC is in line with the 20-year National Strategy
and the 12th National Economic and Social Development Plan, which give importance to
balanced development and improvement of the people’s quality of life.
Thai investment abroad (Paras. 28-31)
19.
The Thai listed companies, including those mentioned in paragraphs 8-9, have taken
the lead in the region on sustainability and responsible business conduct. The SET’s
Thailand Sustainability Investment (THSI) list, SETTHSI Index, SET Sustainability
Awards and its continued support for listed firms to become constituents of Dow Jones
Sustainability Indices (DJSI) are key to strengthening the Thai capital market and achieving
sustainable growth at home and abroad. Currently, 19 Thai companies -- the highest
number in ASEAN -- are members of DJSI in collaboration with RobecoSAM.
20.
The draft National Action Plan on Business and Human Rights has designated
‘Cross-border investment and multi-national enterprises’ as one of the four priority areas,
along with ‘Labour’, ‘Land, the Environment and Natural Resources’, and ‘Human Rights
Defenders’.
21.
Royal Thai Embassies and Consulates-General have played a significant role in
engaging with Thai investors and businesses operating overseas and promoting responsible
business conduct and respect for human rights. The Ministry of Foreign Affairs has
included relevant materials in the training of its diplomats and trade officials and is in the
process of developing a ‘Business and Human Rights’ manual for their use.
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