Exercise of rights to judicial proceedings by the National Human Rights Commission of Thailand on behalf of a complainant

Abstract

The Constitution of the Kingdom of Thailand B.E. 2550 (2007) gives an authority to the National Human Rights Commission of Thailand to participate in a judicial proceeding.  The National Human Rights Commission of Thailand is empowered, in accordance with
the law, to submit cases together with opinions to the Constitutional Court in the case where it agrees with a complaint addressed by a complainant that any provision of law affects human rights and begs a question of constitutionality; to submit cases together with opinions to the Administrative Court as the case may be where any provision of laws, rules, regulations or administrative acts is detrimental to human rights and begs the question
of constitutionality or compliance with the law, and; to file a lawsuit to the Court of Justice
on behalf of a complainant when a request is made by a complainant and it is deemed appropriate to find a solution for the problem of human rights violation in general.

Until now, the exercise of such powers is problematic in practice because there has been no organic law to define such duties and powers of the National Human Rights Commission of Thailand other than those stipulated in the Constitution itself.  
The Commission’s rights to file a case on behalf of a complainant is particularly problematic as there are problems on interpretation of the term “person entitled file a complaint” “violation of human rights in general” as well as on the status and the scope of authority
of an official of the Office of the National Human Rights Commission in a resulting legal proceeding.  As there is no law to define the said power, it cannot be implemented in practice.  Moreover, the Constitution of the Kingdom of Thailand B.E. 2560 (2017) does not provide for duties and powers of the National Human Rights Commission of Thailand to exercise
the rights to legal proceeding. Therefore, it can be said that at present the National Human Rights Commission of Thailand does not have the authority to participate in a legal proceeding on behalf of a complainant. This undermines the effectiveness of resolving cases of human rights violations.  Studies of law in many countries shows that some countries give
an authority to their national human rights commissions to participate in legal proceedings through parliamentary acts which clearly define such authority in details. This enables
the national human right commission to represent its people in a legal proceeding.

Therefore, in order to allow the National Human Rights Commission of Thailand to help protect the people in such manner, there should be laws authorizing the National Human Rights Commission of Thailand to participate in a legal proceeding on behalf of
a complainant which contain procedural details to provide clarity. This will provide an option for the people whose human rights are violated and want to seek help. It will also enhance effectiveness and concreteness of human rights protection provided by the National Human Rights Commission of Thailand.