A/HRC/41/43/Add.1 satisfy the jurisdiction requirement. The separate legal personality of foreign subsidiaries and contractors also remains a serious hurdle. 81. The Government should review those barriers and try to address them as part of the national action plan on business and human rights. It should also consider establishing special environmental courts to deal with disputes related to the environment and natural resources. B. Non-judicial remedies 82. The National Human Rights Commission of Thailand offers good potential for providing non-judicial remedies for corporate human rights abuses and has received over 2,100 complaints on the issue. 83. The Law on the National Human Rights Commission of 2017 seeks to strengthen the independent status of the Commission according to the principles relating to the status of national institutions for the promotion and protection of human rights, provides it with constitutional status, confers the power to examine cases on its own initiative and includes civil society representatives in the selection committee for membership of the Commission. These are steps in the right direction. However, The Working Group also notes concerns relating to the National Human Rights Commission being deprived of its vital power to refer cases to the courts. Civil society organizations also expressed concern about the Commission’s new mandate to investigate and prepare reports on any “inaccurate” or “unfair” reports about the human rights situation in Thailand. C. Operational-level grievance mechanisms 84. According to the Guiding Principles, business enterprises should establish or participate in effective operational-level grievance mechanisms for individuals and communities who may be adversely affected. Such mechanisms should meet the effectiveness criteria laid down in principle 31. 85. During the visit, the Working Group found little evidence or practice of “effective” operational-level grievance mechanisms established by business enterprises. Both the Government and industry associations should encourage companies, whether they are operating inside or outside Thailand, to establish such mechanisms so that legitimate grievances may be addressed at an early stage, but without precluding access to other judicial and non-judicial remedial mechanisms. XIV. National action plan on business and human rights 86. The Working Group welcomes the decision by the Government to prepare a national action plan on business and human rights, in line with the Guiding Principles. As the Working Group has also underlined in its guidance document on national action plans on business and human rights, it is indispensable that such plans be developed and implemented through an inclusive and transparent process with the participation of both civil society and business.14 87. The Working Group appreciates the productive and frank dialogue with the government agencies leading the process of developing the national action plan under the leadership of the Ministry of Justice. The Working Group was informed that a committee, chaired by the Director-General of the Rights and Liberties Protection Department at the Ministry of Justice and comprising representatives of other ministries and the National Human Rights Commission, has the mandate to draft the plan and oversee its implementation. 14 See www.ohchr.org/Documents/Issues/Business/UNWG_%20NAPGuidance.pdf. 17