Legal Enforcement Issues in the Human Rights Violations Investigation Process of the National Human Rights Commission of Thailand

Abstract

The human rights violations investigation process of the NHRCT under the Law on the NHRCT has many issues that are not in line with the Paris Principles. There are many problems, obstacles and disagreements due to the provisions of the Law lack legal enforcement conditions in many steps of the human rights violations investigation process resulting that concerned individuals or agencies do not give priority to the NHRCT recommendations, measures or guidelines for the human rights violations prevention or correction. The NHRCT measures for individuals or agencies that do not implement its recommendations, measures or guidelines are inefficient to make those recognize the importance of human rights violations investigation process of the NHRCT. To solve this problem, the author therefore proposes a solution to the legal enforcement issues in the human rights violations investigation process of the NHRCT as follows: the Law on the NHRCT should be amended to provide for legal enforcement conditions at various steps of the human rights violations investigation process and to stipulate that individuals or agencies commit or omit acts that violate human rights must follow and implement the NHRCT recommendations, measures and guidelines in order to ensure that its mandate on the human rights violations investigation will be effectively enforced in accordance with the Paris Principles and other human rights institutions’ mandate at the international level.