17 February 2010
NATIONAL HUMAN RIGHTS COMMISSION ACT B.E. 2542 (1999)
BHUMIBOL ADULYADEJ, REX.
Given on the 25th Day of November, B.E. 2542;
Being the 54th Year of the Present Reign.
His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:
Whereas it is expedient to have a law on the National Human Rights Commission;
This Act contains provisions relating to the restriction of rights and liberties of the people which section 29 together with section 35 and section 48 of the Constitution of the Kingdom of Thailand allow to be done by virtue of provisions of law;
Be it, therefore, enacted by the King, by and with the advice and consent of the National Assembly as follows:
Section 1. This Act is called the "National Human Rights Commission Act, B.E. 2542".
Section 2. This Act shall come into force as from the day following the date of its publication in the Government Gazette.
Section 3. In this Act:
"human rights" means human dignity, right, liberty and equality of people, which are guaranteed or protected, under the Constitution of the Kingdom of Thailand or under Thai laws or under treaties which Thailand has obligations to comply;
"Commission" means the National Human Rights Commission;
"President" means the President of the National Human Rights Commission;
"member" means a member of the National Human Rights Commission.
Section 4. The President of the National Human Rights Commission shall have charge and control of the execution of this Act and shall have the powers to issue Regulations or Notifications with the approval of the National Human Rights Commission for the execution of this Act.
Regulations and Notifications under paragraph one that are of general applicability shall come into force after their publication in the Government Gazette.
The National Human Rights Commission
Section 5. There shall be the National Human Rights Commission consisting of a President and ten other members appointed, by the King with the advice of the Senate, from the persons having apparent knowledge or experiences in the protection of rights and liberties of the people, having regard also to the participation of men and women and representatives from private organisations in the field of human rights.
The President of the Senate shall countersign the Royal Command appointing the President and members.
Section 6. The President and members shall have the qualifications and shall not be under any prohibition as follows:
(1) being of Thai nationality by birth;
(2) being not less than thirty five years of age;
(3) not being a member of the House of Representatives or the Senate, a political official, a member of a local assembly or a local administrator;
(4) not being a holder of any position of a political party;
(5) not being of unsound mind or of mental infirmity;
(6) not being addicted to drugs;
(7) not being a bankrupt;
(8) not being a person sentenced by a judgement to imprisonment and being detained by a warrant of the Court;
(9) not being a person having been discharged for a period of less than five years on the nomination day after being sentenced by a judgement to imprisonment for a term of two years or more except for an offence committed through negligence;
(10) not having been expelled, dismissed or removed from the official service, a State agency or a State enterprise or from, private agency on the ground of dishonest performance of duties, gross misconduct or corruption;
(11) not having been ordered by a judgement or an order of the Court that his or her assets shall dissolve on the State on the ground of unusual wealthiness or an unusual increase of his or her assets;
(12) not being an Election Commissioner, an Ombudsman, a member of the National Counter Corruption Commission, a member of the State Audit Commission or a member of the National Economic and Social Council;
(13) not having been removed from office by a resolufion of the Senate.
Section 7. A person elected as a member shall:
(1) not be a Government official holding a permanent position or receiving salary;
(2) not be an official or employee of State agency, State enterprise or local government organisation or not be a director or advisor of a State enterprise or State agency;
(3) not hold any position in a partnership, a company or an organisation carrying out businesses for sharing profits or incomes, or be an employee of any person.
In the case where the Senate has elected a person in (1), (2) or (3) with the consent of that person, the elected person can commence the performance of duties only when he or she has resigned from the position in (1), (2) or (3). This shall be done within fifteen days as from the date of election. If that person has not resigned within the specified time, it shall be deemed that that person has never been elected to be a member and a new member shall be selected and elected.
Section 8. The selection and election of members shall be proceeded as follows:
(1) there shall be a Selective Committee consisting of the President of the Supreme Court, the President of the Supreme Administrative Court, the Prosecutor General, the Chairman of the Law Council, Rectors or representatives of higher education institutions which are juristic persons; provided that each institution shall have one representative and all such representatives shall elect among themselves to be five in number, representatives of private organizations in the field of human rights under section 24; provided that each organization shall have one representative and all such representatives shall elect among themselves to be ten to number, representatives of political parties having a member who is a member of the House of Representatives; provided that each party shall have one representative and all such representatives shall elect among themselves to be five in number, representatives of public media in the businesses of newspaper, radio broadcasting, and television broadcasting, being elected from each business to be three in number and the Secretary General of the National Human Rights Commission as secretary. The Selective Committee shall have the duties to select and prepare a list of names of twenty two persons who are suitable to be members under section 5; provided that regard must be given to the participation of women and men and submit such list to the President of the Senate. The nomination most be made with consent of the nominated persons including documents or evidence showing that the nominated persons are suitable to be members and have the qualifications and are under no prohibitions under section 6 within sixty days as from the date when a ground for the selection of persons to be in such office occurs. The resolution making such nomination must be passed by votes of not less than three fourths of the number of all existing members of the Selective Committee;