33/16 Report of the Working Group on the Universal Periodic Review - Thailand
Document Type: Final Report
Date: 2016 Jul
Session: 33rd Regular Session (2016 Sep)
Agenda Item: Item6: Universal Periodic Review
GE.16-12193(E)
Human Rights Council Thirty-third session
Agenda item 6
Universal periodic review
Report of the Working Group on the Universal Periodic Review*
Thailand
* The annex is being circulated in the language of submission only.
Contents
Page
Introduction ...................................................................................................................................... 3
I. Summary of the proceedings of the review process ......................................................................... 3
A. Presentation by the State under review .................................................................................... 3
B. Interactive dialogue and responses by the State under review ................................................. 4
II. Conclusions and/or recommendations .............................................................................................. 13
III. Voluntary pledges and commitments ............................................................................................... 28
Annex
Composition of the delegation ......................................................................................................... 30
Introduction
1. The Working Group on the Universal Periodic Review, established in accordance
with Human Rights Council resolution 5/1, held its twenty-fifth session from 2 to 13 May
2016. The review of Thailand was held at the 16th meeting on 11 May 2016. The
delegation of Thailand was headed by the Permanent Secretary of the Ministry of Justice,
Charnchao Chaiyanukij. At its 20th meeting, held on 13 May 2016, the Working Group
adopted the report on Thailand.
2. On 12 January 2016, the Human Rights Council selected the following group of
rapporteurs (troika) to facilitate the review of Thailand: El Salvador, France and Maldives.
3. In accordance with paragraph 15 of the annex to Human Rights Council resolution
5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents
were issued for the review of Thailand:
(a) A national report submitted/written presentation made in accordance with
paragraph 15 (a) (A/HRC/WG.6/25/THA/1);
(b) A compilation prepared by the Office of the United Nations High
Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)
(A/HRC/WG.6/25/THA/2);
(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)
(A/HRC/WG.6/25/THA/3).
4. A list of questions prepared in advance by Australia, Belgium, the Czech Republic,
Germany, Lichtenstein, Mexico, the Netherlands, Norway, Slovenia, Spain, Sweden,
Switzerland, the United Kingdom of Great Britain and Northern Ireland and the United
States of America was transmitted to Thailand through the troika. These questions are
available on the extranet of the universal periodic review.
I. Summary of the proceedings of the review process
A. Presentation by the State under review
5. The Permanent Secretary of the Ministry of Justice, Mr. Charnchao Chaiyanukij,
said a national consultation had been organized to allow public participation in the national
report drafting process.
6. Thailand incorporated the accepted recommendations from the first review cycle in
the Third National Human Rights Plan to ensure a more holistic and effective
implementation by all relevant government agencies.
7. Thailand became a party to the United Nations Convention against Transnational
Organized Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children (the Palermo Protocol), the Optional Protocol to the
Convention on the Rights of the Child on a communications procedure and the International
Labour Organization (ILO) Promotional Framework for Occupational Safety and Health
Convention, 2006 (No. 187).
8. Thailand withdrew several reservations and interpretative declarations to human
rights instruments, including articles 6 and 9 of the International Covenant on Civil and
Political Rights, article 16 of the Convention on the Elimination of All Forms of
Discrimination against Women and article 18 of the Convention on the Rights of Persons
with Disabilities.
9. Several human rights-related laws were passed or upgraded, including the Gender
Equality Act, Justice Fund Act, Amendment to the Organic Law on Anti-Corruption and
amendment to the Criminal Code on the criminalization of child pornography. The draft
amendment to the Labour Protection Act and draft act on alternative measures to normal
criminal proceedings were sent to the National Legislative Assembly for their deliberation.
10. Thailand combined its drug laws under a new single code, with proportional
penalties for drug offences. The new code encourages alternatives to punishment, and
introduces measures for minor drug offences to provide drug users with voluntary treatment
and rehabilitation rather than incarceration.
11. Thailand achieved most of the Millennium Development Goals and continues efforts
to achieve the Sustainable Development Goals, including the Education for All policy,
Universal Health Coverage and intensified efforts against human trafficking and corruption.
The Government approved the expansion of its child support grant scheme, the
establishment of an education fund and a project to improve the quality of life of the
homeless.
12. Thailand strengthened migrant worker protection through a nationwide registration
scheme and memorandums of understanding on labour cooperation with four neighbouring
countries, birth registration for all children born in the country and the provision of access
to education and health care.
13. Thailand allows victims and witnesses in ongoing human trafficking cases to stay
temporarily and work legally. It has expedited the verification and granting of legal status
to students with nationality status problems.
14. Thailand will further raise awareness and understanding of human rights and take
human rights into consideration when formulating policies or performing duties.
15. Thailand needs to overcome the political challenge that resulted from years of social
divisiveness and conflicts. Meanwhile, it conducted a national reform to improve
infrastructure, enhance the efficiency of public administration and solve longstanding
problems, such as corruption.
16. Freedom of expression may be restricted only as necessary to maintain public order
and prevent further polarization in society. The challenge is to maintain a balance when
enforcing relevant laws, so as not to undermine rights and freedoms, especially when
exercised in good faith and intentions.
B. Interactive dialogue and responses by the State under review
17. During the interactive dialogue, 99 delegations made statements. Recommendations
made during the dialogue are to be found in section II of the present report.
18. Cuba welcomed the Third National Human Rights Plan, Gender Equality Act, Anti-
Trafficking in Persons Act and Protection of Vulnerable Persons Act.
19. The Czech Republic made recommendations.
20. Denmark was concerned about the expanded scope of crimes for which the death
penalty is applicable, and arbitrary and incommunicado detention without safeguards
against torture.
21. Djibouti welcomed cooperation with international human rights mechanisms and the
Third National Human Rights Plan and noted laws, policies and strategies against domestic
violence, and on gender equality and education.
22. Ecuador highlighted efforts to reduce poverty and gender equality.
23. Egypt commended the development of a new human rights plan, promotion of the
rights of women and persons with disabilities, enhanced access to the right to education and
amendment to the Criminal Code on child pornography.
24. Fiji noted measures to address violence against women and children, including
domestic violence, particularly the development of a manual on a non-violent approach to
child-rearing.
25. Finland noted that several laws had gravely restricted the rights to freedom of
opinion, expression and assembly and asked about measures taken to ensure the consistency
with international law of national legislation on the freedoms of expression and peaceful
assembly.
26. Georgia commended the ratification of the Palermo Protocol and the decision to
extend a standing invitation to the special procedures.
27. Germany was concerned about restrictions on freedoms of expression, association
and assembly.
28. Greece was concerned about restrictions on the rights to free speech, association and
peaceful assembly.
29. Guatemala welcomed the Third National Human Rights Plan and hoped that the new
constitution would include democratic and human rights principles.
30. Honduras welcomed the ratification of the Palermo Protocol and the signing of the
International Convention for the Protection of All Persons from Enforced Disappearance.
31. Italy appreciated measures to increase the protection of women’s and children’s
rights.
32. India appreciated legislative initiatives and the engagement with treaty bodies.
33. Indonesia welcomed the Gender Equality Act and Justice Fund Act and the
amendment to the Organic Law on Anti-Corruption.
34. The Islamic Republic of Iran welcomed the approval of the Third National Human
Rights Plan and the Twelfth National Economic and Social Development Plan.
35. Iraq commended Thailand on its consultations for the implementation of the Third
National Human Rights Plan.
36. Iceland regretted restrictions on the right to redress, freedom of expression and
peaceful assembly, the broader scope and application of the death penalty, and that human
rights defenders were subjected to prosecution, harassment, killings and enforced
disappearance.
37. Japan welcomed measures to combat trafficking and expected rapid progress in
unresolved cases of enforced disappearances.
38. Kazakhstan welcomed the ratification of the United Nations Convention against
Transnational Organized Crime and the Palermo Protocol, the signing of the International Convention for the Protection of All Persons from Enforced Disappearance and a standing
invitation extended to the special procedures.
39. Kuwait appreciated measures to improve the social welfare system, especially for
vulnerable groups.
40. Kyrgyzstan welcomed the withdrawal of reservations and interpretative declarations
to human rights instruments.
41. The Lao People’s Democratic Republic welcomed the Third National Human Rights
Plan and progress in enhancing gender equality, the rights to work, health and education.
42. Latvia welcomed the standing invitation to the special procedures. It was concerned
about continued restrictions on freedom of expression.
43. Lebanon welcomed legislative measures to guarantee human rights.
44. Libya noted measures to implement recommendations from the first cycle.
45. Luxembourg was concerned about restrictions on freedoms of expression, opinion,
assembly and association, and about refugees’ rights.
46. Madagascar noted legislative and institutional measures to strengthen human rights.
47. The Philippines noted the Gender Equality Act and the National Human Rights Plan
and appreciated efforts in the Association of Southeast Asian Nations region to seek for better protection of the rights of migrant workers.
48. Maldives welcomed efforts to combat sexual violence and the adoption of the
Gender Equality Act. It also appreciated measures to promote the rights of persons with
disabilities, empower women and promote youth development.
49. Mexico welcomed measures related to trafficking in persons and the Gender
Equality Act.
50. Montenegro appreciated the National Human Rights Plan and efforts to address
violence against women. It noted concerns about human trafficking for purposes of sexual
exploitation and forced labour, including child prostitution.
51. Morocco welcomed the Third National Human Rights Plan and noted the
achievement of the Millennium Development Goals in areas related to poverty reduction,
gender equality and access to potable water.
52. Mozambique welcomed the National Human Rights Plan, the Gender Equality Act,
the Justice Fund Act, the Protection of Vulnerable Persons Act and the amendment to the
Criminal Code on child pornography.
53. Namibia welcomed the Third National Human Rights Plan and the Gender Equality
Act encouraging improvement to the welfare system. It expressed concern about the
inclusion of the death penalty in the new Anti-Corruption Law, thereby expanding the use
of the death penalty for economic crimes.
54. Poland welcomed the standing invitation extended to the special procedures and the
National Human Rights Plan.
55. New Zealand expressed concern about a deterioration of the protection and
promotion of human rights since the military coup and the downgrading of the National
Human Rights Commission of Thailand.
56. Nigeria welcomed government efforts to protect the right to work of all persons and
the implementation of the ILO Freedom of Association and Protection of the Right to
Organize Convention, 1948 (No. 87), Right to Organize and Collective Bargaining
Convention, 1949 (No. 98), and Promotional Framework for Occupational Safety and
Health Convention, 2006 (No. 187).
57. While appreciating ongoing efforts to counter human trafficking and the ratification
of the Palermo Protocol, Norway was concerned about restrictions on freedom of opinion
and expression, peaceful assembly and association.
58. Pakistan welcomed the National Human Rights Plan and the plans for social and
economic development with a focus on empowerment and protection of women, elderly
persons, persons with disabilities, children, migrants, asylum seekers and ethnic minorities.
59. Panama appreciated legislative efforts to protect vulnerable groups, women and
children.
60. Paraguay hoped that the National Plan 2017-2021 would allow further progress on
human rights.
61. Malaysia acknowledged achievements in human trafficking and social protection
programmes for vulnerable groups encouraging Thailand to address inequality, promote
children’s rights and achieve gender equality.
62. The Netherlands appreciated the signing of the International Convention for the
Protection of All Persons from Enforced Disappearance. It was concerned about restrictions
on freedom of expression and opinion and the persons detained, imprisoned, tortured or
killed for their peaceful exercise of their rights.
63. While welcoming the standing invitation to the special procedures, the ratification of
the Optional Protocol to the Convention on the Rights of the Child on a communications
procedure, Portugal expressed concern that the National Human Rights Commission had
lost its A status.
64. The delegation stated that the Ministry of Justice had submitted a draft act on the
prevention and suppression of torture and enforced disappearance to the Cabinet for
consideration. The passing of the draft act would enable the ratification of the International
Convention for the Protection of All Persons from Enforced Disappearance.
65. On the downgraded status of the National Human Rights Commission, the
Government stood ready to provide any assistance to strengthen its capacity and work.
66. The Cabinet instructed all ministries to implement the Human Rights Action Plan
and report annually to the Ministry of Justice on the progress made regarding
implementation.
67. Thailand drafted a new Penitentiary Act. Significant improvements to access to
health care in the Thai penitentiary system were made. To address overcrowding in
detention centres, Thailand considered several alternatives to imprisonment. Thailand
continued to provide specific care for vulnerable prisoner groups, including women and
mothers with children.
68. Thailand provided legal assistance and services to all Thais and non-Thais without
discrimination.
69. With respect to the recommendation of the Committee on the Rights of the Child to
raise the minimum age of criminal responsibility from 10 to 12 years, Thailand conducted
several studies that helped to identify further actions to be taken when the new minimum
age was imposed.
70. To protect children from the emerging threats in the digital world, Thailand
amended the Criminal Code to establish a wider definition of child pornography and
impose more severe punishments against people found guilty of related offences.
71. Thailand introduced the Child Protection Policy in both schools and families.
72. Prevention measures against child sexual exploitation were also introduced to
effectively prevent foreign tourists with sexual criminal records from re-committing the
crimes or re-entering Thailand.
73. All children in Thailand have the right to be registered at birth, allowing them to
stay in the country and have access to basic services, such as education and health care.
74. Thailand was considering the possibility of withdrawing its reservation to article 22
of the Convention on the Rights of the Child, to accord the necessary protection and
assistance to children of refugees and asylum seekers.
75. The 2015 Gender Equality Act protected everyone from gender-based
discrimination, including persons whose sexual expression was different from their
biological sex.
76. The Cabinet endorsed the proposal to ratify the Optional Protocol to the Convention
on the Rights of Persons with Disabilities and to sign the Marrakesh Treaty to Facilitate
Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise
Print Disabled. Thailand intended to further amend the Empowerment of Persons with
Disabilities Act, as recommended by the Committee on the Rights of Persons with
Disabilities.
77. Thailand made significant progress in providing care and services for older persons,
who enjoyed free services such as public transportation and universal health coverage.
78. Thailand was working on providing remedies to victims of trafficking in persons and
bringing the offenders to justice.
79. Thailand was committed to protecting all workers equally and without any
distinction, especially on the basis of race and nationality. Several laws concerning labour
protection, social security and workers’ compensation had been revised to improve
workers’ protection in line with international labour standards.
80. Thailand had launched a new policy to allow migrant workers to renew their
registrations and obtain a stay permit and work permit for two years, to encourage them to
identify themselves to receive benefits, to be legally recognized, and to prevent
exploitation.
81. In tackling forced labour in the sea fisheries industry, the Royal Ordinance on
Fisheries was passed in 2015 to empower the authorities to combat unlawful labour
practices in the fishing and seafood industries. The Ministerial Regulation on Labour
Protection in Sea Fisheries Work took effect in December 2014.
82. Migrant workers could be members and join the activities of trade unions and
participate in collective bargaining. Currently, Thailand was studying the feasibility of
ratifying the ILO Freedom of Association and Protection of the Right to Organize
Convention, 1948 (No. 87), and Right to Organize and Collective Bargaining Convention,
1949 (No. 98).
83. The Government continued to ensure that relevant laws and measures used to
address disputes relating to the possible encroachment of public land were implemented
through a fair and transparent process.
84. Evictions were not arbitrary and carried out only in accordance with a court ruling.
Local communities could prove their cases against the claims of the Government, especially
those who had lived in the area for generations. People with limited means were given
assistance.
85. With respect to the killing of land rights defenders, it was the responsibility of the
Government to bring perpetrators to justice and support the families of those defenders
through the available public redress and compensation scheme.
86. On the situation in the southern border provinces, special security laws had been
invoked to maintain peace and security. Implementation of such laws was strictly based on
necessity and proportionality. The Government regularly reviewed the need for and
considered the possibility to reduce the use of such laws according to the situation on the
ground.
87. Qatar welcomed the adoption of the Third National Human Rights Plan.
88. The Republic of Korea encouraged discussions on the draft Constitution and
stressed the importance of ensuring full respect for freedom of expression and other human
rights.
89. Romania welcomed the commitment to solving the issues regarding human
trafficking and forced labour and emphasized the importance of implementing the Third
National Human Rights Plan.
90. Senegal welcomed the submission of an interim report, the Third National Human
Rights Plan, the Anti-Trafficking in Persons Act and the Protection of Vulnerable Persons
Act.
91. Sierra Leone welcomed the Third National Human Rights Plan, the Universal Health
Coverage Scheme and the National Plan for Older Persons.
92. Singapore welcomed the Third National Human Rights Plan and the commitment to
protecting persons in vulnerable situations.
93. Slovakia welcomed the Protection of Vulnerable Persons Act and the amendment to
the Criminal Code on child pornography while expressing concern about the applicability
of the death penalty for various criminal offences.
94. Slovenia welcomed the commitment to mainstreaming human rights into the
education system on different levels.
95. South Africa highlighted the achievement of several of the Millennium
Development Goals.
96. Spain noted that some legal provisions could undermine freedom of expression.
97. The State of Palestine noted efforts in the health sector to ensure high quality health
care and welcomed improvement and prioritization of education.
98. The Sudan welcomed the amendment to the Anti-Trafficking in Persons Act and the
Justice Fund Act of 2015 to ensure that everyone has an equal access to justice.
99. Swaziland welcomed the commitment of the Government and civil society
organizations to upholding, observing and ensuring the consistency of national laws with
international human rights standards.
100. Sweden was concerned about increased restrictions on freedom of expression in
connection with the constitutional referendum, encouraging full cooperation with the
United Nations in Thailand and follow-through on its standing invitation to the special
procedures.
101. Switzerland expressed concern about the interim constitution, which does not
adequately respect and protect human rights, and about the application of laws restricting
fundamental rights.
102. Timor-Leste remained concerned at the inclusion of the death penalty in the Anti-
Corruption Law.
103. Togo noted the commitment to tackling social and economic inequalities.
104. Turkey was concerned about the record of Thailand on the protection of the rights of
migrants, especially women and children at detention facilities.
105. Uganda noted concerns about human trafficking, especially in illegal fishing
activities, including forced labour and child pornography.
106. The United Arab Emirates praised the achievement of several of the Millennium
Development Goals, steps to promote the rights of workers and persons with disabilities
and to protect children from child labour, and the Women’s Development Plan.
107. The United Kingdom encouraged Thailand to actively engage with the universal
periodic review process and support its civil society.
108. The United States was concerned by restrictions on freedoms of expression and
peaceful assembly and the broad powers given to the military under article 44 of the interim
constitution, including expanded internal policing responsibilities.
109. Uruguay welcomed positive progress on torture and enforced disappearances.
110. The Bolivarian Republic of Venezuela welcomed the Third National Human Rights
Plan, the National Social and Economic Development Plan and the allocation of more than
20 per cent of the national budget to education.
111. Viet Nam noted progress in poverty reduction and the rights to work and health.
112. Yemen praised efforts to draft a new constitution.
113. Albania welcomed the ratification of the Optional Protocol to the Convention on the
Rights of the Child on the involvement of children in armed conflict and the Third National
Human Rights Plan.
114. Algeria welcomed the Third National Human Rights Plan and encouraged the
improvement of social protection of workers.
115. Argentina welcomed the progress in drafting a new constitution and the actions
aimed at promoting and protecting the rights of children.
116. The delegation stated that a national referendum on the draft Constitution was to be
held on 7 August. Volunteers would disseminate the draft Constitution to enhance the
public’s understanding. The outcome is entirely up to each Thai citizen. After the
Constitution is adopted, relevant organic laws will be passed to pave way for general
elections.
117. The Government fully respects the rights to freedom of expression and assembly.
However, given the political conflicts, some limitations are in place to prevent further
social divisiveness and political conflicts. The Government has no intention to impose
restrictions on ordinary citizens who have good intentions.
118. Section 44 of the Interim Constitution is invoked only under specific circumstances
and has been used in limited circumstances. Since its entry into force, the National Council
for Peace and Order has exercised its power under this section to maintain public order and
to enhance bureaucratic efficiency where ordinary laws and regulations do not exist, such
as in anti-human trafficking efforts, anti-drug policy and civil aviation issues.
119. The purpose of Order No. 13/2559 of the National Council for Peace and Order is to
enable military officers to help the police to suppress organized crime, such as extortion,
human trafficking, child and labour abuse, gambling and prostitution. It does not deprive
defendants of the right to file complaints against military officers in case of abuse of power.
120. The Thai monarchy has always been the main pillar of Thai society. Section 112 of
the Criminal Code protects the rights or reputation of the King, the Queen and the Heir
apparent or the Regent, in a similar way that libel law does for commoners. As with other
criminal offences, proceedings on the lese-majesty cases are conducted in accordance with
due legal process. The Computer Crime Act is under amendment to make clearer
definitions in each section to prevent misinterpretation of the law.
121. Thailand currently hosts over 100,000 displaced persons from Myanmar, and
irregular migrants and asylum seekers from other countries. Thailand has started its internal
process to study the feasibility of a screening mechanism to distinguish those with genuine
protection needs from economic migrants.
122. The use of military courts is limited to serious offences, most of which relate to the
possession or the use of heavy firearms. Military judges have similar knowledge and
experiences, including on human rights, and defendants are given the same rights as in an
ordinary court. This is to ensure the right to fair trial in judicial proceedings during this
political transition of the country.
123. Thailand provides basic education to every child regardless of nationality and legal
status. Every school in Thailand must admit children who are legal or illegal migrants,
unregistered or stateless children at no cost, so they can enjoy the same right to education as
Thai children.
124. The Ministry of Education places a high priority on teaching human rights concepts
to children, particularly at the primary and secondary levels. The curriculum includes a
separate subject on civic education, specifying the rights and responsibilities of Thai
citizens. Capacity-building is also provided to teachers.
125. Australia encouraged Thailand to continue its effort to reduce impunity and protect
the rights of victims and vulnerable communities. It was concerned about limitations on
freedom of expression and assembly, the extension of law enforcement powers to military
personnel and using military courts to try civilians.
126. Austria was concerned about the special powers of the National Council for Peace
and Order that limit human rights and the rule of law, the minimum age of criminal
responsibility and the safety of journalists.
127. Azerbaijan welcomed measures to strengthen the normative and institutional
framework for human rights protection, especially for gender equality, access to justice and
the protection of vulnerable persons, and against human trafficking and corruption.
128. Bahrain welcomed increased awareness-raising and respect of human rights.
129. Bangladesh noted the challenges faced by Thailand, including a middle-income trap,
widening inequality and unfair distribution of income.
130. Belgium was concerned about the situation of fundamental freedoms and the
precarious situation of human rights defenders.
131. Bhutan welcomed the National Economic and Social Development Plans and the
sufficiency economy.
132. The Plurinational State of Bolivia acknowledged the achievements made since the
first cycle.
133. Botswana noted the Gender Equality Act, the amendments to the 2008 Anti-
Trafficking in Persons Act and to the Criminal Code on child pornography.
134. While appreciating the Gender Equality Act and anti-human trafficking efforts,
Brazil expressed concern about the orders of the National Council for Peace and Order, the
lese-majesty law, the Public Assembly Law and the expansion of the death penalty.
135. Brunei Darussalam welcomed the Protection of Vulnerable Persons Act and the
allocation of more than 20 per cent of the national budget for education.
136. Cambodia appreciated achievements in economic development and poverty
eradication and the rights to work, health and education, the protection of vulnerable groups
and the prevention of human trafficking.
137. Canada made recommendations.
138. Chad welcomed legislative and policy measures for human rights promotion and
protection and cooperation with international human rights mechanisms.
139. Chile welcomed the Gender Equality Act, the Protection of Vulnerable Persons Act
and the amendment to the Penal Code on child pornography.
140. China appreciated the investment in health and education and measures to protect
children, women, the elderly and migrant workers.
141. Colombia welcomed the Third National Human Rights Plan.
142. The Congo appreciated the high importance attached to the protection of human
rights and combating socioeconomic inequalities.
143. Costa Rica was concerned that an elected government had been deposed by the
military. It also expressed concern about the trial of civilians in military courts and the
indefinite application of State of emergency laws.
144. France welcomed the signing of the International Convention for the Protection of
All Persons from Enforced Disappearance.
145. Sri Lanka noted the drafting of a new constitution and the sustained progress in
achieving most of the Millennium Development Goals.
146. Nepal noted the de facto moratorium on the death penalty in place since 2009 and
the Third National Human Rights Plan that aims to abolish it. It also praised the consistent
progress in socioeconomic development.
147. Myanmar welcomed measures to improve the social welfare services for all workers,
including migrant and foreign workers.
148. Armenia appreciated the steps taken to ensure access to health-care services and to
reduce maternal and infant mortality rates.
149. The delegation stated that a draft act on prevention and suppression of torture and
enforced disappearance would set up the specific offence of torture and enforced
disappearance, based on the definitions stipulated in the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment and the International
Convention for the Protection of All Persons from Enforced Disappearance, with the
criminal punishment dependent upon the grave nature of the crime.
150. Thailand is working closely with various international organizations and civil
society to raise awareness on the Optional Protocol to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment among the concerned
agencies to prepare them for its effective implementation. The Ministry of Justice will
submit for the Cabinet’s consideration plans to ratify the Optional Protocol.
151. Thailand is aware of its duty to ensure that human rights defenders can work in a
safe and enabling environment. The adoption of the draft act on the prevention and
suppression of torture and enforced disappearance will strengthen the protection of human
rights defenders.
152. The Ministry of Justice started studying the possibility of abolishing the death
penalty five years ago. The country’s intention was reaffirmed in the Third National Human
Rights Plan. Despite varying public sentiment, the Ministry of Justice continues to look into
the possibility of abolishing the death penalty.
153. The Ministry of Tourism and Sports and the United Nations Office on Drugs and
Crime continues to implement the second phase of “Project Childhood” on enhancing law
enforcement capacity for national and transnational action to identify and effectively act
upon child sex offenders travelling to Thailand.
154. The minimum age allowed for entering into marriage under the Civil and
Commercial Code is 17 years, or lower if permitted by a court decision. For those under 20
years of age, parental consent is needed.
155. The right to preserve cultural heritage was made concrete as Thailand is becoming a
party to the United Nations Educational, Scientific and Cultural Organization (UNESCO)
Convention for the Safeguarding of the Intangible Cultural Heritage.
156. A number of primary schools in border and marginalized areas that offer nine years
of compulsory education have been given special assistance by the Ministry of Education to
provide multilingual teaching to ethnic children speaking non-Thai languages.
157. Thailand will take a realistic approach and make sure that the recommendations it
decides to accept correspond with its capacity to implement them. The Government is
determined to work closely with all stakeholders in the follow-up stage. It intends to raise
awareness of the review outcome and the recommendations to be accepted to the wider
public.
II. Conclusions and/or recommendations
158. The recommendations formulated during the interactive dialogue/listed below
have been examined by Thailand and enjoy the support of Thailand:
158.1 Continue to consider ratification of international instruments
(Pakistan);
158.2 Continue its accession to the core international human rights
instruments (Azerbaijan);
158.3 Continue the efforts undertaken for the ratification of international
human rights instruments and for the harmonization of the national legislation
(Djibouti);
158.4 Withdraw its interpretative declaration on the International
Convention on the Elimination of All Forms of Racial Discrimination and its
reservation to article 4 (South Africa);
158.5 Ratify the Optional Protocol to the International Covenant on
Economic, Social and Cultural Rights (Portugal);
158.6 Ratify the Optional Protocol to the International Covenant on Civil
and Political Rights (Austria) (Poland);
** The conclusions and recommendations have not been edited.
158.7 Consider the ratification of the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (Georgia) (Kazakhstan);
158.8 Speed up the study on the possibility of ratifying the Optional
Protocol to the Convention against Torture (Mozambique);
158.9 Sign and ratify the Optional Protocol to the Convention against
Torture (Honduras);
158.10 Ratify the Optional Protocol to the Convention against Torture
(Austria) (France) (Guatemala) (Montenegro) (Poland) (Portugal) (Turkey)
(Uruguay); Early ratification of the Optional Protocol to the Convention
against Torture (Norway);
158.11 Ensure that the Convention against Torture is fully implemented into
the national legislation (Romania);
158.12 Reform penal laws to define torture in accordance with article 1 of
the Convention against Torture and declare its non-derogable nature (Spain);
158.13 Ratify the Optional Protocol to the Convention against Torture and
establish a national preventive mechanism accordingly (Czech Republic);
Ratify the Optional Protocol to the Convention against Torture and establish
an independent, effective and well-resourced National Preventive Mechanism
(Denmark); Ratify the Optional Protocol to the Convention against Torture
and set up a national preventive mechanism to prevent torture (Morocco);
158.14 Consider ratifying the International Convention on the Protection of
the Rights of All Migrant Workers and Members of their Families (Egypt)
(Philippines);
158.15 Continue efforts to strengthen legal framework, including
considering ratification of the International Convention on the Protection of the
Rights of All Migrant Workers and Members of their Families (Indonesia);
158.16 Take the necessary measures for the ratification of the International
Convention for the Protection of All Persons from Enforced Disappearance
(Japan);
158.17 Expedite the ratification of the International Convention for the
Protection of All Persons from Enforced Disappearance signed in 2012
(Kazakhstan); Accelerate the process of ratifying the International Convention
for the Protection of All Persons from Enforced Disappearance (Togo);
158.18 Ratify the International Convention for the Protection of All Persons
from Enforced Disappearance (Argentina) (Austria) (France) (Panama)
(Slovakia); Ratify and accede to the International Convention for the
Protection of All Persons from Enforced Disappearance (Sierra Leone);
Immediately ratify the International Convention for the Protection of All
Persons from Enforced Disappearance (Belgium);
158.19 Ratify the International Convention for the Protection of All Persons
from Enforced Disappearance and pass national law criminalizing enforced
disappearance and torture and recognizing the rights of victims (New Zealand);
158.20 Criminalize in national legislation enforced disappearance in
conformity with international standards and ratify the International
Convention for the Protection of All Persons from Enforced Disappearance
(Uruguay);
158.21 Consider ratifying the 1951 Convention relating to the Status of
Refugees (Kazakhstan);
158.22 Ensure that human rights defenders in Thailand are treated in
accordance with the General Assembly Declaration on Human Rights
Defenders (New Zealand);
158.23 Give priority to the implementation of the Palermo Protocol and the
prosecution of persons benefiting from human trafficking (Norway);
158.24 Ratify the Protocol to Prevent, Suppress and Punish Trafficking in
Persons (Uganda);
158.25 Ratify the ILO Work in Fishing Convention, 2007 (No. 188)
(Romania);
158.26 Incorporate key human rights principles in the new constitution in
line with the obligations of Thailand under international human rights law
(Uganda);
158.27 Ensure that the constitutional framework is in compliance with its
international obligations, in particular under the International Covenant on
Civil and Political Rights (Switzerland);
158.28 Continue to consider protection and promotion of human rights in
the new constitution (Pakistan);
158.29 Encourage public debate on the draft Constitution (Republic of
Korea);
158.30 Adopt a definition of torture which is fully in compliance with
article 1 of the Convention against Torture; its inclusion as a specific crime in
Thailand’s legislation; and undertake prompt, thorough and impartial
investigation of all allegations of torture and ill-treatment (Slovakia);
158.31 Continue to provide adequate human and financial resources to fully
implement its domestic laws protective of women’s rights (Philippines);
158.32 Accelerate the adoption process of the Law on the Prevention and
Punishment of Torture and Enforced Disappearances (Congo);
158.33 Enact the Prevention and Suppression of Torture and Enforced
Disappearance Bill to criminalize torture in accordance with the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (Canada);
158.34 Update the 1936 Law on Prisons and include provisions on
alternative sanctions in order to decongest prisons (Morocco);
158.35 Amend the Prison Act of 1936 with a view to a suitable reform of the
Thai penitentiary system (Congo);
158.36 Accelerate its efforts to achieve remaining Millennium Development
Goals targets, as well as achieve the Sustainable Development Goals
(Azerbaijan);
158.37 Establish strategies and allocate resources aimed at achievement of
the Sustainable Development Goals, especially those related to poverty
eradication, equal access to resources, rights to education and health care and
rights of the vulnerable groups (Viet Nam);
158.38 Take further steps to ensure that the National Human Rights
Institution is in conformity with the Principles relating to the status of national
institutions for the promotion and protection of human rights (the Paris
Principles) (Egypt);
158.39 Adopt appropriate measures of a legislative and political nature,
including allocation of financial resources, in order to align its national human
rights institution with the Paris Principles (Honduras);
158.40 Continue support the work of the National Human Rights
Commission in line with the Paris Principles (Indonesia);
158.41 Ensure the independence of the National Human Rights Commission
(Paraguay);
158.42 Ensure that the National Human Rights Commission of Thailand is
an independent institution and functions in full compliance with the Paris
Principles (Poland);
158.43 Introduce legal changes to ensure that its National Human Rights
Commission is fully compliant with the Paris Principles (New Zealand);
158.44 Provide the National Human Rights Commission with all the
necessary resources in order to guarantee that it is fully compliant with the
Paris Principles (Portugal);
158.45 Improve the functioning of the National Commission of Human
Rights to regain its A status (Senegal);
158.46 Reform its National Human Rights Commission to regain its A status
and promote and protect human rights (Australia);
158.47 Strengthen the National Commission of Human Rights in accordance
with the Paris Principles (France);
158.48 Continue efforts to strengthen national human rights institutions and
mechanisms (Nepal);
158.49 Develop, enact and implement a national action plan on business and
human rights in order to implement the Guiding Principles on Business and
Human Rights (Sweden);
158.50 Further expand human rights education and training programmes
(Armenia);
158.51 Continue implementing the Human Rights Plan of Action and
continue training officials on aspects of the Plan (Fiji);
158.52 Continue to implement the programmes and policies enunciated in
the National Human Rights Plan (Philippines);
158.53 Implement the third National Human Rights Action Plan (2014-2018)
(Senegal);
158.54 Strengthen the implementation of the third National Human Rights
Plan of Action by all relevant government agencies (Cambodia);
158.55 Continue its efforts aimed at strengthening the development of
children and youth (Kuwait);
158.56 Ensure birth registration for all children born on its territory,
especially those who are not registered due to the economic status of their
parents, ethnicity and immigration status (Namibia);
158.57 Further strengthen efforts towards birth registration for all, with a
view to effectively reaching out to disadvantaged and vulnerable groups
(Turkey);
158.58 Establish a special unit for the protection of children’s rights
(Uganda);
158.59 Redouble the Government’s commitment to raising awareness
amongst officials and the public at large about human rights and the process of
the universal periodic review (Cuba);
158.60 Engage civil society in the follow-up implementation process of the
universal periodic review recommendations (Poland);
158.61 Continue its active engagement with the human rights mechanisms of
the United Nations for the promotion and protection of human rights
(Azerbaijan);
158.62 Advance women’s empowerment, and greater representation of
women in all sectors (Lao People’s Democratic Republic);
158.63 Effectively implement the Protection of Vulnerable Persons Act to
ensure better protection for its vulnerable population (Brunei Darussalam);
158.64 Effectively implement the Gender Equality Act of 2015 (South
Africa);
158.65 Promote a culture of equality through the equal participation of all
members of the society and, in particular the participation of women in rural
areas (Djibouti);
158.66 Prevent discrimination in all cases without taking consideration of
grounds such as religious beliefs or national security (Spain);
158.67 Continue to undertake efforts to narrow the income gap within its
society and improve good governance in pursuit of a comprehensive
socioeconomic advancement (Malaysia);
158.68 Continue to adopt gender-responsive policies and programmes to
cultivate a conducive environment for women’s development and
empowerment (Malaysia);
158.69 Continue its efforts to eliminate discrimination against women
(Bangladesh);1
158.70 Improve access to health, education and social welfare for vulnerable
groups, including for those in rural areas, ethnic minorities, women, migrants
and refugees (Japan);
158.71 Continue to strengthen measures to effectively reduce discrimination
and all forms of violence against women (Chile);
1 The statement as read during the interactive dialogue is as follows: “Continue its efforts to eliminate
discrimination”.
158.72 Review the imposition of death penalty for offences related to drug
trafficking (Slovenia);
158.73 Reconsider the abolition of the death penalty as a sentence for
various crimes (Ecuador);
158.74 Take steps towards abolishing the death penalty (Georgia);
158.75 Take measures to abolish the death penalty (Madagascar); Take
measures aimed at abolishing the death penalty (Togo); Take concrete steps
towards abolishing the death penalty (Brazil);
158.76 Promptly investigate and prosecute all allegations of torture and
extrajudicial killings (New Zealand);
158.77 Define and legally classify enforced disappearance (Spain);
158.78 Accelerate the approval of the bill submitted to the Council of
Ministers on prevention of enforced disappearances and repression of torture
(Chile);
158.79 Make efforts to address the issue of enforced disappearance, such as
ensuring accountability (Republic of Korea);
158.80 Establish a policy that allows to decrease the high levels of
overcrowding conditions in detention centres (Paraguay);
158.81 Continue to work at the provincial level to execute memorandums of
understanding to combat violence against women and children (Fiji);
158.82 Establish an effective policy and legal framework to prevent and
contrast all forms of discrimination and violence against women, including
domestic violence, in order to ensure that women victims of violence receive
adequate support and offenders are brought to justice (Italy);
158.83 Step up efforts to effectively combat violence against women and
children (Kazakhstan);
158.84 Intensify efforts to promote policies in the area of prevention,
sanction and eradication of all forms of violence against women, including
measures aimed at promoting their rights regardless of its religion, race, sexual
identity or social condition (Mexico);
158.85 Continue its efforts to implement the policies and strategies for the
Prevention and Responses to Violence against Children and Youth (Sudan);
158.86 Ensure effective implementation of recent measures to prevent and
contrast violence against children, both online and offline (Italy);
158.87 Take concrete measures to eliminate child labour and child sex
tourism (Kyrgyzstan);
158.88 Take concrete measures to combat child sex tourism (Maldives);
158.89 Guarantee effective implementation of regulation to eliminate
abusive child labour practices, including measures to ensure that children
remain in the educational system (Mexico);
158.90 Adopt concrete measures to eradicate child labour, abuse and sexual
exploitation of children, including its involvement in sexual tourism (Panama);
158.91 Continue to mitigate and address issues concerning the worst forms
of child labour and provide appropriate rehabilitation for the victims
(Malaysia);
158.92 Effectively implement its Policies and Strategies for the Prevention
and Responses to Violence against Children and Youth (2015-2021) to prevent
and curb violence against children, including at the provincial level
(Singapore);
158.93 Multiply efforts to combat child sex tourism, especially by adopting a
comprehensive regulatory framework (Turkey);
158.94 Take necessary measures to better combat sexual exploitation of
children (Algeria);
158.95 Take further legal proceedings to prevent violence against children,
young people and tackle it, and intensify efforts to address child labour
(Bahrain);
158.96 Continue to step up its protection of children’s rights and eliminate
child labour (China);
158.97 Step up the fight against child pornography to better protect children
(Congo);
158.98 Continue its efforts to eradicate child sex tourism including through
strengthening the relevant penal legislative frameworks (Egypt);
158.99 Continue in its efforts to prevent, punish and eradicate forced labour,
labour exploitation, including the issue of trafficking in persons, particularly
for women and children who are involved in cases of sex tourism and
pornography (Ecuador);
158.100 Continue to strengthen the works towards preventing and
combatting child pornography and human trafficking, as well as implement
assistance programmes for victims (Argentina);
158.101 Strengthen Government measures to eradicate forced labour,
especially to prevent either child or enforced labour in the specific sectors of
fishing and canning companies, as well as to ensure that employers violating
labour rights are duly prosecuted (Albania);
158.102 Take concrete measures to eradicate child labour, and ensure boys
and girls primary and secondary school completion (Kazakhstan);
158.103 Carry out measures to prohibit corporal punishment of children in
all settings, including the home (Plurinational State of Bolivia);
158.104 Prohibit corporal punishment of children in all settings (Slovenia);
158.105 Adopt legislation prohibiting corporal punishment of children in all
settings (Madagascar);
158.106 Explicitly prohibit in law any form of corporal punishment or other
cruel or degrading punishment of children in all settings (Sweden);
158.107 Criminalize the recruitment and participation of children in armed
forces and non-State armed groups (Panama);
158.108 Ensure that Section 4 and Section 6 of the Trafficking Victims
Protection Act 2008, specifically defining the term “wrongful exploitation”,
comply with article 3 of the Protocol to Prevent, Suppress and Punish
Trafficking in Persons, especially Women and Children, and increase the role
of labour inspectors in identifying victims of human trafficking and prevent
abusive working conditions, in line with the recommendations made by the
2012 report of the Special Rapporteur on trafficking in persons, especially
women and children (Greece);
158.109 Adopt suitable measures and mechanisms, including the allocation of
financial resources to prevent and combat effectively trafficking in persons
(Honduras);
158.110 Continue efforts to combat illegal, unreported, unregulated fishing,
including illegal labour in the fisheries sector, taking into account its human
rights and extraterritorial dimensions (Indonesia);
158.111 Further intensify its efforts to combat human trafficking and ensure
protection to victims of human trafficking (Islamic Republic of Iran);
158.112 Redouble efforts to combat trafficking in persons and smuggling of
migrants (Panama);
158.113 Take all necessary legislative and enforcement measures to eradicate
trafficking rings and prosecute perpetrators (Singapore);
158.114 Strengthen measures to prevent and protect from trafficking in
persons (Algeria);
158.115 Redouble efforts to combat forced labour and sexual trafficking
(Plurinational State of Bolivia);
158.116 Reinforce the fight against human trafficking (France);
158.117 Step up efforts and legislation to combat human trafficking
(Lebanon);
158.118 Re-enforce all laws related to combatting human trafficking (Libya);
158.119 Protect the human rights defenders and investigate any reported
cases of intimidation, harassment and attacks against them (Luxembourg);
158.120 Stop all forms of harassment and intimidation of human rights
defenders and effectively implement measures aimed at preventing violence
and crimes against them (Czech Republic);
158.121 Investigate and ensure justice to all reported cases of intimidation,
harassment and attacks of human rights defenders and journalists (Botswana);
158.122 That all alleged attacks on human rights defenders are promptly and
thoroughly investigated, and that perpetrators are held accountable (Norway);
158.123 Ensure that the rights of the human rights defenders are properly
respected and perpetrators are brought to justice (Romania);
158.124 Ensure that impartial, independent and transparent investigations
into all allegations of human rights violations by security forces are conducted,
in particular in the South of the country, and that those responsible are
brought to justice (Switzerland);
158.125 Raise the age of criminal responsibility to 12 or above (Sierra Leone);
158.126 Increase the minimum age of criminal responsibility in line with
internationally accepted norms, and ensure that children who are deprived of
their liberty are separated from adult prisoners (Uruguay);
158.127 Raise the minimum age of criminal responsibility (Chile);
158.128 Bring the age of criminal responsibility of minors to 12 years
(France);
158.129 Ensure that the minimum age of marriage is 18 for both boys and
girls (Sierra Leone);
158.130 Ensure that the right to freedom of expression is fully respected and
its exercise facilitated, including with respect to the drafting and adopting of
the new Constitution (Czech Republic);
158.131 Respect fully press freedom and freedom of expression in accordance
with international law (Guatemala);
158.132 Further improve its human rights situation, including by ensuring
civil and political rights such as freedom of expression and political activities
(Japan);
158.133 Enhance the rights of expression and opinion (Lebanon);
158.134 Fully respect freedom of press and expression (Republic of Korea);
158.135 Bring national legislation on freedom of expression in compliance
with international law (Albania);
158.136 Adopt rules and programmes to ensure freedom of expression and
opinion (Chile);
158.137 Ensure the protection of freedom of opinion and expression (France);
158.138 Guarantee the rights to freedom of expression and assembly and
ensure an inclusive debate among all stakeholders with regard to the upcoming
referendum and the enactment of a new constitution (Austria);
158.139 Condemn and investigate all violence against journalists, inform
UNESCO of the actions taken to prevent the killing of journalists and notify
UNESCO of judicial inquiries conducted (Netherlands);
158.140 Inform UNESCO on the actions taken to prevent the impunity of the
perpetrators of the killings of journalists, and notify UNESCO of the status of
the judicial inquiries conducted (Austria);
158.141 Take measures to ensure the rights of peaceful assembly, freedom of
expression and freedom of assembly, especially in the context of peaceful
protests (Costa Rica);
158.142 Invigorate measures to safeguard the freedoms of press, speech, and
broad participation from various sectors in political and public life (Colombia);
158.143 Take measures to enhance women’s participation in public and
political decision-making (India);
158.144 Continue its efforts to ensure adequate protection for vulnerable
persons living in difficult conditions (United Arab Emirates);
158.145 Extend for all access to the rights to health care, social security, and
minimum wage without ethnic distinction or linguistic barriers (Paraguay);
158.146 Continue its efforts to ensure that the universal health-care scheme
covers disadvantaged groups, including persons with disabilities and persons
living in remote rural areas that still face obstacles in accessing basic health-
care services (State of Palestine);
158.147 Continue with its efforts to address the widening inequality and
unbalanced distribution of income among people (Bhutan);
158.148 Address the issue of human rights in the pursuit of economic growth
in local areas (Nigeria);
158.149 Implement measures to promote and protect the rights of peasants
and other people working in rural areas (Plurinational State of Bolivia);
158.150 Increase its efforts to ensure the right to the highest attainable
standard of health also to sex workers by ensuring them access to health care
and services and comprehensive sexuality education (Finland);
158.151 Continue to develop the health system through the strengthening of
the right to enjoy health for all segments of the society (Iraq);
158.152 Facilitate access to health services for all the population in the Thai
territory (Madagascar);
158.153 Accelerate its efforts to achieve the targets on reducing infant
mortality rate and achieving universal health-care scheme, including improving
of the maternal health in remote areas (Bhutan);
158.154 Further strengthen measures to ensure equal access to health services
for all, while giving special attention to the needs of children, women and the
elderly (Sri Lanka);
158.155 Continue the reduction of maternal and infant mortality rates, and
continue with the national plan for the development of children and youth
(Bahrain);
158.156 Reduce infant mortality rate and improve maternal health care in
remote areas (Nigeria);
158.157 Reinforce the harm reduction measures targeting drug users in order
to avoid adverse health effects, including increased HIV infections and hepatitis
(Colombia);
158.158 Continue the policy of providing education for all, and work towards
strengthening and developing the education sector in the country (Kuwait);
158.159 Continue efforts to implement the policy of Education for All,
especially children, at all levels (Qatar);
158.160 Continue to strengthen measures to provide education of good
quality, including the progressive expansion of compulsory education and
enrolment for both girls and boys (United Arab Emirates);
158.161 Continue to pursue successful education programmes for all with an
emphasis on the most vulnerable segments of its population (Bolivarian
Republic of Venezuela);
158.162 Continue its efforts to ensure that all children have access to
education at all levels and all categories (Brunei Darussalam);
158.163 Continue its efforts in strengthening policies and measures to
promote and protect the human rights of its people, in particular those of
vulnerable groups such as women, children, poor people, and migrants
(Cambodia);
158.164 Continue its efforts to ensure that all children have access to free
basic education, and to improve the overall quality of education, including by
ensuring that teachers are well trained and fully qualified (State of Palestine);
158.165 Ensure equal access to education of vulnerable people including
women, children and persons with disabilities (Lao People’s Democratic
Republic);
158.166 Continue and pursue its efforts to enable children to complete their
education and protect them from exploitation, and adopt environmentally
sustainable development (Yemen);
158.167 Achieve the remaining target of boys and girls primary and
secondary education, and address the quality and inequality in education
(Nigeria);
158.168 Continue to address the promotion and protection of the rights of
persons with disabilities by reducing stigma and discrimination against them in
the society (Islamic Republic of Iran);
158.169 Promote implementation of the Fourth National Plan on
Empowerment of Persons with Disabilities 2012-2016 (Qatar);
158.170 That Thailand’s legislative reforms in relation to persons with
disabilities be backed by a more effective system of implementation and
monitoring (New Zealand);
158.171 Raise public awareness on the rights of persons with disabilities
(Sudan);
158.172 Take effective steps to address educational needs of disabled children
(India);
158.173 Continue to develop the capacity of special institutions that take care
of persons with disabilities, including those health and education institutions
(Iraq);
158.174 Ensure inclusive and free primary education for all children,
including those with disabilities (Maldives);
158.175 Put in place legislations to protect migrant workers from abuse and
exploitation (Uganda);
158.176 Review its labour and migration laws to accommodate the demands
for cheap, low or semi-skilled labour and thereby provide for safe migration
options (Bangladesh);
158.177 Continue its efforts to protect the rights of migrants and foreign
workers, particularly to further enhance their safety and welfare (Myanmar);
158.178 Continue the progressive measures taken to promote the rights of
migrant workers and their health (Sri Lanka);
158.179 Address harsh living conditions in immigration detention centres
(India);
158.180 Implement in totality, once adopted, the 12th National Plan for the
Economic and Social Development (2017-2021) and the 20 Years National
Strategy (Cuba);
158.181 Monitor enforcement of environmental legislation to protect the
rights of local communities and prevent environmental degradation (Maldives).
159. The following recommendations will be examined by Thailand, which will
provide responses in due time, but no later than the thirty-third session of the Human
Rights Council, in September 2016:
159.1 Consider ratification of the Second Optional Protocol to the
International Covenant on Civil and Political Rights, aiming at the abolition of
the death penalty with a view to abolish the death penalty (Namibia);
159.2 Ratify the Second Optional Protocol to the International Covenant on
Civil and Political Rights, aiming at the abolition of the death penalty (Austria)
(Montenegro) (Panama) (Poland) (Portugal) (Slovenia) (Spain); Accede to the
Second Optional Protocol to the International Covenant on Civil and Political
Rights, aiming at the abolition of the death penalty(Turkey);
159.3 Withdraw reservation to article 22 of the Convention on the Rights of
the Child (France);
159.4 Ratify the International Convention on the Protection of the Rights of
All Migrant Workers and Members of their Families (Guatemala); Sign and
ratify the International Convention on the Protection of the Rights of All
Migrant Workers and Members of their Families (Turkey); Ratify and accede
to the International Convention on the Protection of the Rights of All Migrant
Workers and Members of their Families(Sierra Leone);
159.5 Ratify the Convention Relating to the Status of Refugees and its 1967
Protocol (Portugal);
159.6 Ratify the Convention on the Prevention and Punishment of the
Crime of Genocide (Austria); Accede to the Convention on the Prevention and
Punishment of the Crime of Genocide (Armenia);
159.7 Ratify other main relevant international instruments such as the
Rome Statute of the International Criminal Court (Poland);
159.8 Ratify the Rome Statute of the International Criminal Court (Costa
Rica) (Latvia) (Slovenia) (Panama); Ratify the Rome Statute and Agreement on
the Privileges and Immunities of the International Criminal Court (Austria);
159.9 Comply with its obligations under the International Covenant on
Civil and Political Rights by putting an immediate end to the use of arbitrary
detention (Denmark);
159.10 Consider ratifying the ILO Domestic Workers Convention, 2011
(No. 189) (Philippines);
159.11 Ratify the ILO Indigenous and Tribal Peoples Convention, 1989
(No. 169) and Domestic Workers Convention, 2011 (No. 189) (Sierra Leone);
159.12 Give direct constitutional recognition to the rights enshrined in the
International Covenant on Economic, Social and Cultural Rights and to
guarantee the enforceability by courts (South Africa);
159.13 Restore the protection of civil and political rights by ensuring that the
Constitution meets Thailand’s international human rights obligations and end
the present prosecution of civilians in military courts (Netherlands);
159.14 Lift undue restrictions on the exercise of fundamental freedoms,
particularly section 61 of the referendum law and Order number 7/2557 of the
National Council for Peace and Order, to allow all Thai people to participate
fully in the political reform processes, including efforts to produce a new
constitution (United States of America);
159.15 Repeal all orders of the National Council for Peace and Order that
are inconsistent with its international human rights obligations (Australia);
159.16 Carry out the necessary legal reforms to fully abolish the death
penalty and accede to the Second Optional Protocol to the International
Covenant on Civil and Political Rights, aiming at the abolition of the death
penalty (Mexico);
159.17 Create an independent body to investigate all torture allegations,
including in Thailand’s Deep South, and bring perpetrators to justice
(Canada);
159.18 Eliminate mandatory minimum sentences for lese-majesty (United
States of America);
159.19 Propose concrete dates for visits by the Special Rapporteurs on
freedom of opinion and expression, and freedom of association and assembly,
respectively (Norway);
159.20 Adopt a comprehensive anti-discrimination law which includes all
grounds for discrimination (Slovenia);
159.21 Consider taking all necessary steps to establish a de jure moratorium,
with a view to fully abolish the death penalty (Italy);
159.22 Establish a formal moratorium on the death penalty with a view to
ratifying the Second Optional Protocol to the International Convention on Civil
and Political Rights, aiming at the abolition of the death penalty (Australia);
Establish an official moratorium on executions, and sign and ratify the Second
Optional Protocol to the International Covenant on Civil and Political Rights,
aiming at the abolition of the death penalty (Germany);
159.23 Immediately establish a moratorium on executions with a view to
abolishing the death penalty (Iceland); Establish a moratorium on the death
penalty as in interim measure towards the abolition of the capital punishment
(Portugal); Establish a moratorium on executions with a view to abolishing the
death penalty (Plurinational State of Bolivia);
159.24 Abolish the death penalty by law (Denmark); Abolish the death
penalty (Honduras); Abolish immediately the death penalty (Slovakia);
Implement the full abolition of the death penalty (Paraguay);
159.25 Repeal the application of the death penalty in all areas (Chile);
159.26 Eliminate the death penalty for crimes that cannot be considered as
most serious crimes such as the economic ones (Spain);
159.27 Consider eliminating the clause that expands the use of the death
penalty for economic crimes (Timor-Leste);
159.28 Eliminate the death penalty in the new anti-corruption law, repeal
the provision that extended the use of the death penalty to economic crimes,
and ratify the Second Optional Protocol to the International Covenant on Civil
and Political Rights, aiming at the abolition of the death penalty (Uruguay);
159.29 Repeal the clause expanding the use of the death penalty for
economic crimes (Albania);
159.30 Commute the death sentences with a view to abolishing the death
penalty (France);
159.31 In line with the rules 83-85 of the United Nations Standard Minimum
Rules for the Treatment of Prisoners, “the Nelson Mandela rules”, to create an
external, independent inspection body that has access to all categories of
prisoners in all places of detention that are under the Ministry of Justice
(United Kingdom of Great Britain and Northern Ireland);
159.32 End the practice of forced detention of dissenters in the so-called “re-
education camps” and investigate all allegations of torture and ill-treatment
therein (Czech Republic);
159.33 End the use of attitude adjustment sessions and the establishment of
training camps (New Zealand);
159.34 End arbitrary arrests and detentions and ensure that suspects have
access to justice and a fair trial (New Zealand);
159.35 Further address all forms of gender-based violence and abuses by
revising the relevant provisions of the Penal Code, Criminal Procedure Code
and Domestic Violence Victim Protection Act (Kyrgyzstan);
159.36 End the prosecution of civilians in military courts, transfer all cases
of civilians facing proceedings before military courts to civilian courts, order a
retrial in civilian courts for all civilians convicted of an offence in military
courts, and amend the martial law and the Military Court Act to prohibit the
prosecution of civilians in military courts (Greece);
159.37 Cease the use of military barracks as detention centres for civilians
(Paraguay);
159.38 Cease trying civilians in military courts and transfer all such cases to
civilian courts (New Zealand);
159.39 Cease trials of civilians in military courts (Norway);
159.40 Immediately return civilian prosecutions to civilian courts and
rescind Orders 3/2558 and 13/2559 of the National Council for Peace and Order
(United States of America);
159.41 Work towards ending the prosecution of civilians in military courts
and transfer all cases of civilians facing proceedings before military courts to
civilians courts (Austria);
159.42 Repeal order 3/2015 of the National Council for Peace and Order and
ensure that all civilians are tried before a civilian court and granted the right to
fair trial in line with Thailand’s obligations as a State party to the International
Covenant on Civil and Political Rights (Belgium);
159.43 End the prosecution of civilians in military courts and immediately
transfer any cases of civilians facing proceedings before military courts to
civilian courts (Canada);
159.44 Adopt measures to implement the legal principle of natural judge, so
that civilians can be tried in ordinary courts (Costa Rica);
159.45 Ensure that all civilians are tried before civilian courts and are
granted the right to fair trial, in line with Thailand’s obligations under the
International Covenant on Civil and Political Rights (Czech Republic);
159.46 End the trial of civilians in military courts and ensure that all
civilians are tried before civilian courts and are granted the right to fair trial
and to bail (Germany);
159.47 Repeal the Decree 3/2015 of the National Council for Peace and
Order, and ensure that all civilians have the right to a fair trial and are brought
before civilian courts (Luxembourg);
159.48 Maintain its effective protection of the family as the natural and
fundamental unit of the society (Egypt);
159.49 Eliminate the legal provision that states that the age limit of marriage
could be lowered to 13 years old in cases where children were sexually abused
and could consequently marry the perpetrators (Timor-Leste);2
159.50 Review its legislation in order to ensure that all legislation, including
any laws regulating the internet access to information, comply with
international human rights standards protecting freedom of expression and
freedom of assembly (Finland);
159.51 Ensure that there are no restrictions on freedom of expression
especially for the media and human rights defenders, and that no one faces
threats and harassment, including attitude adjustment, for expressing their
views and that all legislation affecting freedom of expression is compatible and
implemented in line with Thailand’s international obligations as recommended
by the Special Rapporteur on the situation of human rights defenders in 2016
(United Kingdom of Great Britain and Northern Ireland);
159.52 Amend article 112 of Thailand’s Criminal Code to remove prison
terms for offences stemming from the legitimate exercise of the right to
freedom of opinion and expression and ensure that the prohibited acts are
unambiguous and that sanctions are proportionate to the act committed
(Belgium);
159.53 Repeal Order 3/2015 by the National Council for Peace and Order
and the 2015 Public Assembly Act, and stop the use of the 2007 Act on
Computer-Related Offences as well as Criminal Code articles 112, 326, and 328
to restrict freedom of expression (Canada);
159.54 That steps be taken to abolish the lese-majesty legislation and the
2007 Computer Crimes Act, and the immediate implementation of public and
transparent proceedings in cases concerning these laws (Norway);
159.55 Review the Penal Code articles 112 (lese-majesty), 326 (defamation),
and 328 (slander) as well as 14 and 15 of the 2007 Computer Crimes Act, and
align them to the human rights international obligations (Spain);
159.56 Amend article 14 of the Computer Crimes Act to ensure it cannot be
used to prosecute cases of alleged defamation (Sweden);
159.57 Amend the lese-majesty law to bring it in line with international
human rights standards, allow media to function independently and free of
prior censorship or interference by law enforcement agencies and release all
2 The statement as read during the interactive dialogue is as follows: “Eliminate the legal provision that
states that the age limit of marriage could be lowered to 18 years old in cases where children were
sexually abused and could consequently marry the perpetrators.”
those who have been jailed for exercising their rights to freedom of expression
(Latvia);
159.58 Guarantee and respect the right to freedom of expression, association
and assembly putting an end to arbitrary detentions and arrests and any act of
harassment against political actors and civil society, including human rights
defenders (Switzerland);
159.59 Ensure that the right of freedom of opinion is respected, including by
reviewing Article 112 of the Penal Code, and ensure a safe environment that
promotes the rights of all people to freely associate and assemble without
hindrances (Germany);
159.60 Remove undue restrictions on and infringements to the enjoyment of
the freedoms of expression, association and peaceful assembly (Botswana);
159.61 Repeal all legislation which undermines the freedom of expression
and assembly and ensure that all measures regarding these freedoms are
consistent with Thailand’s obligations under international law (Italy);
159.62 Immediately end all infringement on the rights to freedom of
expression, association and peaceful assembly under section 44 of the 2014
interim constitution, the Computer Crimes Act, and articles 112 and 116 of the
Penal Code – and unconditionally release persons detained or imprisoned for
exercising these rights (Iceland);
159.63 Repeal existing legislation that restricts freedoms of expression and of
assembly in accordance with Thailand’s obligations under international human
rights law (Brazil);
159.64 Instil a human rights-based approach regarding the protection of
migrants and asylum-seekers, including the cessation of pushbacks to the sea,
while refraining from deportation and formally prohibiting detention of
children (Turkey);
159.65 Ratify the 1951 Convention Relating to the Status of Refugees and
implement legislation providing asylum seekers and refugees with legal status
in line with international standards, especially abiding the principle of non-
refoulement (Germany);
159.66 Put an end to arbitrary detention of refugees and asylum seekers, and
stop detention of children on the grounds of migration control (Luxembourg);
159.67 Provide access to legal status for asylum seekers and refugees without
discrimination (Canada);
159.68 Give legal status to refugees and asylum seekers (France).
160. All conclusions and/or recommendations contained in the present report reflect
the position of the submitting State(s) and/or the State under review. They should not
be construed as endorsed by the Working Group as a whole.
III. Voluntary pledges and commitments
161. Thailand will:
(a) Become a party to the International Convention for the Protection of All
Persons from Enforced Disappearance, the Optional Protocol to the International Covenant
on Civil and Political Rights, the Optional Protocol to the Convention against Torture, the
Marrakesh Treaty and the ILO Work in Fishing Convention, 2007 (No. 188), and will study
the possibility to become party to the International Convention on the Protection of the
Rights of All Migrant Workers and Members of their Families;
(b) Take steps towards revising legislations to be in line with its international
human rights obligations and recommendations by treaty bodies, namely:
(i) The Criminal Code, to increase the minimum age of criminal responsibility to
12 years of age;
(ii) The Civil and Commercial Code regarding the restrictions on certain persons
with disabilities to enter into marriage;
(iii) The Penitentiary Act 1936;
(iv) Section 17 of the Gender Equality Act 2015;
(v) Section 15 of the Persons with Disabilities Empowerment Act 2007;
(c) Submit a midterm update on the implementation of the accepted
recommendations;
(d) Continue to promote human rights education and raise public awareness;
(e) Promote human rights principles and practices in the business sector;
(f) Promote cooperation with civil society and the international community in
follow-up to the implementation of the National Human Rights Plan and the
recommendations from the first cycle;
(g) Reaffirm its standing invitation to all of the special procedures of the Human
Rights Council.
Annex
Composition of the delegation
The delegation of Thailand was headed by the Permanent Secretary of the Ministry
of Justice, Mr. Charnchao Chaiyanukij and composed of the following members:
• Mr. Thani Thongphakdi, Ambassador and Permanent Representative, Permanent
Mission of Thailand
• Mr. Sasiwat Wongsinsawat, Deputy Permanent Representative, Permanent Mission
of Thailand
• Mrs. Saowanee Khomepatr, Chief Inspector General, Office of the Permanent
Secretary, Ministry of Social Development and Human Security
• Pol. Gen. Sutep Dechrugsa, Advisor, Royal Thai Police
• Mrs. Korbkul Winitnaiyapak, Executive Director, Office of International People’s
Rights Protection, Office of the Attorney General
• Ms. Raweevan Asawakul, Senior Expert Public Prosecutor, Office of International
People’s Rights Protection, Office of the Attorney General
• Mrs. Kanchana Patarachoke, Deputy Director-General, Department of International
Organizations, Ministry of Foreign Affairs
• Mrs. Janchom Chintayananda, Deputy Director-General, Rights and Liberties
Protection Department, Ministry of Justice
• Ms. Duriya Amatavivat, Assistant to Permanent Secretary for Education, Ministry of
Education
• Ms. Siriwan Aruntippaitune, Director of Strategy and Plan, Department of Older
Persons, Ministry of Social Development and Human Security
• Mrs. Sopa Kiatniracha, Director, Labour Standard Development Bureau,
Department of Labour Protection and Welfare, Ministry of Labour
• Mr. Ukrisdh Musicpunth, Director, Foreign Affairs Division, Office of the
Permanent Secretary, Ministry of Justice
• Mrs. Jatuporn Rojanaparnich, Director, International Cooperation Group, Office of
the Permanent Secretary, Ministry of Social Development and Human Security
• Mrs. Chuleerat Thongtip, Minister-Counsellor (Labour), Permanent Mission of
Thailand
• Ms. Kanjana Poolkaew, Director, Woman and Child Labour and Protection
Network, Department of Labour Protection and Welfare, Ministry of Labour
• Mr. Pasakorn Phetnaihin, Justice Officer (Senior Professional Level), Rights and
Liberties Protection Department, Ministry of Justice
• Pol. Col. Apicha Thawornsiri, Superintendent, Criminal Affairs Division, Office of
Legal Affairs and Litigation, Royal Thai Police
• Mr. Sakdinath Sontisakyothin, Chief of Foreign Relations Section, Planning and
Information Division, Department of Employment, Ministry of Labour
• Ms. Wanrapee Kaosaard, Justice Officer, Senior Professional Level, Office of Plan
and Strategy, Office of the Permanent Secretary, Ministry of Justice
• Mrs. Chutapan Phaisanjaroervong, Governing Officer, Senior Professional Level,
Southern Border Provinces Administrative Centre, Ministry of Justice
• Lt. Col. Sanee Promwiwat, Judge, Bangkok Military Court, Military Judicial Office
• Mr. Phanpob Plangprayoon, Minister-Counsellor, Permanent Mission of Thailand
• Ms. Jitvipa Benjasil, Counsellor, Social Division, Department of International
Organizations, Ministry of Foreign Affairs
• Mr. Parinthorn Apinyanunt, Counsellor, Permanent Mission of Thailand
• Mr. Trin Sriwong, Social Development Officer, Department of Children and Youth,
Ministry of Social Development and Human Security
• Mrs. Phatcharamont Pitipanyakul, Social Welfare Officer, Department of
Empowerment of Persons with Disabilities, Ministry of Social Development and
Human Security
• Ms. Nareeluc Pairchaiyapoom, Justice Officer, Professional Level, Rights and
Liberties Protection Department, Ministry of Justice
• Mr. Nut Payongsri, Computer Technical Officer, Professional Level, Ministry of
Information and Communication Technology
• Ms. Ratchanin Pongudom, Foreign Relations Officer, Ministry of Education
• Pol. Maj. Thanradee Donavanik, Inspector, Criminal Affairs Division, Office of
Legal Affairs and Litigation, Royal Thai Police
• Ms. Benjaporn Niyomnaitham, First Secretary, Permanent Mission of Thailand
• Ms. Chalongkwan Tavarayuth, Second Secretary, Social Division, Department of
International Organizations, Ministry of Foreign Affairs
• Mr. Jatupon Innachit, Second Secretary, News Division, Department of Information,
Ministry of Foreign Affairs
• Ms. Arisa Sukontasap, Third Secretary, Social Division, Department of International
Organizations, Ministry of Foreign Affairs
• Ms. Chattraphon Ditthasriphon, Justice Officer, Practitioner Level, Rights and
Liberties Protection Department, Ministry of Justice
• Ms. Phanaranche Narakhame, Justice Officer, Practitioner Level, Rights and
Liberties Protection Department, Ministry of Justice.