A/HRC/41/43/Add.1
Cooperation and Development (OECD) in their operations and supply chains. In addition,
training materials on the conduct of responsible business are being developed in
cooperation with OECD under the Thailand-OECD country programme.
13.
The Working Group was pleased to receive information from the Government that
the Thai Stock Exchange had taken up its recommendations on organizing training and
workshops on human rights due diligence for its listed companies in 2019, in addition to
organizing workshops on child rights due diligence in cooperation with the United Nations
Children’s Fund (UNICEF).
IV. The State as an economic actor
14.
The Working Group was pleased to learn that the Prime Minister had instructed the
country’s 55 State-owned enterprises, including some of the largest companies in Thailand,
to show leadership in aligning their practices with the Guiding Principles. The Working
Group noted that this high-level political commitment sends a strong signal about the
importance of the business and human rights agenda. The Working Group noted that the
commitment needed to be followed up by concrete guidance and incentives, such as key
performance indicators for how State-owned enterprises seek to prevent and mitigate
human rights risks and impacts.
15.
The Working Group notes that States not only have an obligation to protect against
human rights abuses by business enterprises, but must also lead by example and ensure that
enterprises under their ownership or control fully respect human rights (see A/HRC/32/45).
As part of their duty to protect human rights, the Government of Thailand should set out
clear expectations for State-owned enterprises and other businesses to respect human rights,
including while operating abroad through their subsidiaries, contractors and/or joint
ventures. The Government has informed the Working Group that, on 26 March 2019, the
Cabinet approved a set of improved principles and guidelines for good governance of Stateowned enterprises. In addition, the draft act on the development of supervision and
management of State-owned enterprises, which was approved by the National Legislative
Assembly on 21 February 2019, would enhance the performance and good governance of
such enterprises. The Working Group welcomes the information that the State-owned
enterprises authority is seeking to align corporate governance practices with the OECD
Guidelines on Corporate Governance of State-Owned Enterprises.
V. Human rights risks and impacts relating to development
projects
16.
The Working Group learned of several human rights concerns and risks relating to
large-scale development projects, including the impact of a number of mega-projects
promoted by Thai companies and investments in other countries in the region. From
meetings held with a wide range of stakeholders across the country, a pattern of risks and
challenges emerged, indicating a systemic problem and underlining the need for improved
safeguards and processes related to impact assessments and consultations with communities
affected by development projects.
A.
Environmental and social impact assessments
17.
A recurrent issue raised with the Working Group related to the need to strengthen
current procedures for impact assessments in the context of large development projects.
Several specific cases were presented to the Working Group relating to projects in the
infrastructure, mining and energy sectors. That was consistent with information provided by
the National Human Rights Commission of Thailand that, between 2001 and 2017, a total
of 10,824 cases had been reported to it, of which 2,119 concerned business activities. The
Commission had found that 552 of the complaints concerning business activities had merit
and 151 cases demonstrated actual business-related human rights impacts. The three most
frequent types of impact recorded related to (a) the adverse effects of environmental
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