Summary

The Working Group on the issue of human rights and transnational corporations and other business enterprises conducted a mission to Thailand from 26 March to 4 April 2018.

The Working Group was encouraged by the efforts of the Government of Thailand, including its inclusive process to develop a national action plan on business and human rights. It notes a growing interest in and awareness of the business and human rights agenda and its importance in Thailand, especially among larger companies with exposure to global markets. The Working Group learned about a number of legal and policy initiatives taken by the Government to promote business respect for human rights in line with the Guiding Principles on Business and Human Rights.

Nevertheless, numerous challenges remain, including the negative impact of public orders imposed by the interim military Government under the National Council for Peace and Order, which had the result of placing unreasonable and unwarranted restrictions on the right of people affected by business and development activities carried out by business enterprises, including by State-owned enterprises, to raise legitimate concerns and protest peacefully. Other concerns related to issues such as the criminalization of peaceful protests and the filing of strategic lawsuits against human rights defenders. The Working Group welcomes the Government’s decision to repeal, wholly or partially, some of the public orders that had curtailed people’s rights.

The Working Group expresses its concern at the adverse impact of development projects on human rights. It recommends that the Government step up its efforts to address business-related human rights abuses, including by developing a new holistic impact assessment framework that includes a comprehensive social and human rights component in conformity with the Guiding Principles when carrying out mega-projects. It should also hold meaningful consultations with affected communities, including ethnic minorities affected by development projects, including those carried out by State-owned enterprises.