3 Things that will make your relationship successful in Thailand

[webfact]

CHARTER WRITING
Group fights CDC decision to merge NHRC, Ombudsman
THE NATION

NETWORK ARGUES THEIR OPERATIONS VERY DIFFERENT, CDC CHIEF AGREES TO RECONSIDER

BANGKOK: -- CIVIL-SOCIETY representatives yesterday submitted a petition to Borwornsak Uwanno, chairman of the Constitution Drafting Committee (CDC), voicing their opposition to the planned merger of the Ombudsman's Office and the National Human Rights Commission (NHRC).

The group, led by the Union for Civil Liberty, the Human Rights Lawyers' Association and the Foundation for Consumers, said the two agencies followed distinctly different modes of operations.

For instance, the petition pointed out, the NHRC and the Ombudsman monitored tasks in completely different ways. The NHRC focuses on the task of verifying legal aspects and complaints related to human rights, including the application of the human-rights concept at the level of state policy implementation. Meanwhile, the Ombudsman merely monitors state agencies when it comes to the conduct of civil servants and the implementation of laws and regulations by government agencies.

The civil-society network also highlighted the necessity to improve the recruitment process of NHRC commissioners by making it independent of the bureaucracy.

As for the issue of the NHRC's efficacy in its operation, the group suggested that the CDC open improved channels for public scrutiny and participation rather than merging the two organisations.

The CDC chairman agreed to reconsider the merger proposal, but said the drafters had the interests of the general public in mind when they came up with the idea to merge the two.

However, he said, the final decision on whether to amend the clause related to the merger would also depend on other CDC members.

Borwornsak added that the main aim of the merger was to ease the process for the public to file complaints as well as to shorten the investigation period.

"Under the new constitution, people will be able to submit complaints directly" to the newly merged agency, Borwornsak said, adding that the investigation process would be shortened by one year.

Previously, complainants wasted a lot of time when appealing to the Constitution Court, as the system required all petitions to be approved first by one of three agencies, namely the NHRC, the Ombudsman's Office or the Central Administrative Court, the CDC chairman said.

Borwornsak also argued that the future of the NHRC was in doubt, as the term of the current commissioners would expire in June and that the decision to extend their term or nominate new commissioners depended on the National Legislative Council.

Source: http://www.nationmultimedia.com/politics/Group-fights-CDC-decision-to-merge-NHRC-Ombudsman-30253309.html


-- The Nation 2015-02-04

[chooka]

NHRC needs to stay independent, I feel this proposal is to ensure they have total control over and muzzle the NHRC. They won't disband them because that look bad internationally but they can certainly control what the do and say.

Edited February 3, 2015 by chooka

[rickirs]

"... the drafters had the interests of the general public in mind when they came up with the idea to merge the two."

The NLA/NRC/CDC march to the NCPO agenda for reforms. Several times we have seen suggestions made contrary to Junta interests get retracted by the Junta-approved "leadership" of the NRC/CDC. Considering the interests of the general public is only a happenstance and not a deliberate critical path to CDC's draft of the constitution. One might argue that the military would like NHRC pressure on trafficking weakened, if not removed completely, to protect any potential illegal behavior of the armed forces in support of trafficking.

The first-time arrest of a single naval officer for human trafficking activities tells volumes of what has been suspected for decades and alleged by international news media like Reuters. Recall that it was the Royal Thai Navy that brought defamation lawsuits against two Thai reporters for Reuters and threats of defamation lawsuits against Reuters itself. With at least one Ombudsman being a military flag officer appointed by General Prayuth last year, it doesn't require much imagination as to how much the Ombudsman might restrain NHRC after a merger.

The merger might also have an unexpected adverse affect on Thailand's economy. Thailand is currently listed as Tier 3 by the USA, largely related to its lack of efforts in deterring human trafficking. The update report is due in a month or so. Within the last two weeks the Junta has suddenly made several arrests for human trafficking including a naval officer, perhaps to support its agrument that it has new policies and procedures in place to aggressively address human trafficking.

But the merger of the NHRC into the Junta-led Ombudsman may negate such last-minute actions and motivate the USA to not rush to remove Thailand from Tier 3 at this time and adopt a "wait & see" posture. Such a precautionary action would be consistent with the Junta's continued delay of elections and return of democratic institutions to the nation. USA might then feel compelled to further motivate the Junta by imposing import restrictions on Thai seafood.

Edited February 4, 2015 by rickirs