A/HRC/41/43/Add.1
88.
At the time of completing the present report, the national action plan had yet to be
completed. In February 2019, the Government circulated a final draft of the plan for public
comment, with plans to approve it in the course of 2019.
89.
During the visit, the Working Group advised the Government to take steps to ensure
that information about the national action plan process was widely shared among both civil
society and business actors. Several seminars and consultations had already been held and
the Ministry of Justice was collaborating with a civil society organization on the
development of a baseline assessment to identify the main gaps and priority areas for action.
However, the Working Group found that further efforts would be needed to ensure an
inclusive process, for example by making information about the process available on the
website of the Ministry, putting out an open call for input and comments, and engaging
with a wider group of civil society and business actors. The Working Group also
highlighted the importance of the plan focusing attention on the third pillar of the Guiding
Principles (access to remedy) and gender dimensions, as well as linking it with other
relevant initiatives, such as the recently established multi-stakeholder working group on the
Sustainable Development Goals.
90.
The Working Group acknowledges the steps taken by the Government subsequent to
its visit to consult civil society organizations and other stakeholders on developing a
national action plan on business and human rights. The Working Group hopes that the
process in Thailand will serve as an example for other countries in the Asian region to
follow.
XV.
A.
Conclusions and recommendations
Conclusions
91.
One of the central issues observed by the Working Group was the need for
Thailand to move back to a democratic system of governance and for the removal of
the orders issued under article 44 of the interim Constitution by the National Council
for Peace and Order. The Working Group thus welcomed the move towards general
elections on 24 March 2019. It notes Council order No. 22/2018, which repealed,
wholly or partially nine previous orders, including order No. 3/2015. During military
rule, Thailand saw the curtailment of civil society activity and increased surveillance
and prosecution of human rights defenders, journalists and environmentalists, all of
which has had a chilling effect on the civic space. The Government should work
closely with civil society organizations and support their activities, and promote and
protect the rights of human rights defenders, journalists and environmentalists.
92.
The Working Group was encouraged by the efforts of the Government to make
Thailand the first country in Asia to develop a national action plan on business and
human rights and the subsequent meetings, regional forums and workshops it has
held over the past few years as a regional business and human rights leader.
93.
The Working Group was pleased to see that, despite the restrictions on free
speech, there was a very active civil society in Thailand, which was leading the way in
promoting business respect for human rights. However, the Working Group was very
concerned about the persecution of human rights defenders and the so-called attitude
adjustment practice. It was moved by the testimonies of individuals from affected
communities, whose unyielding efforts to seek justice was admirable, particularly
when considering the insurmountable odds they faced in defending their rights and
traditional lands.
94.
The Working Group saw the need for business, industry associations and civil
society to be more engaged in the promotion of the Guiding Principles, as there was
limited awareness of them.
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