Press Release on the Concern Related to the Selection of the New National Human Rights Commission
 
        The Selection Committee has accepted the candidate for being the new National Human Rights Commission (NHRC) by self-applying today until 15 June, 2015 within the office days and hours at the Office of National Human Rights Commission as publicized in the media.
        Prof. Amara Pongsapich, the Chairperson, has expressly concerned that the selective process of the new NHRC pursuant to the Thai Constitution 2007 supplementing with the National Human Rights Commission B.E. 2542 (1999) would not be met with the Paris Principles relating to the Status of National Institutions developed by the United Nations. There are herein 3 concerns as follows:
        1) The independence of the national institution without merging with other institutions is yet unclear and subject to the future Thai Constitution.
        2) The NHRC term is yet unclear. The Paris Principles state that “…, their appointment shall be effected by an official act which shall establish the specific duration of the mandate….” However, the draft Thai Constitution has yet provided certainty about the NHRC term that is now on the process of selection for the new NHRC whether or not it should be within 6 years according to the National Human Rights Commission B.E. 2542 (1999).
        3) The qualification of the candidate who is knowledgeable and experienced in people’s rights and liberty protection shall be evident. In addition, the Paris Principles state that “The composition of the national institution and the appointment of its members, whether by means of an election or otherwise, shall be established in accordance with a procedure which affords all necessary guarantees to ensure the pluralist representation of the social forces (of civilian society) involved in the protection and promotion of human rights…” However, the Thai Constitution 2007 provides the President of the Supreme Court of Justice, the President of the Constitutional Court, the President of the National Legislative Assembly acting on behalf of the President of the House of Representatives, the Leader of the Opposition in the House of Representatives (none), the President of the Supreme Administrative Court (none), a person selected at a general meeting of the Supreme Court of Justice (Mr. Peng Pengniti) and a person selected at a general meeting of the Supreme Administrative Court (Mr. Chalermchai Waseenont), totally 5 persons, to become a Selective Committee. Neither of them are the representative from the civil society. 
        However, it is needed to emphasize that the composition of the Selective Committee shall be reviewed by considering the profession diversity and sectoral participation, the civil society in particular, including the means and criteria of qualified candidate who has experience in human rights practice. Such requirement should be integrated in the future Thai Constitution which is in line with the Paris Principles. In this regard, the Constitution Drafting Committee, the National Legislative Assembly and the Head of the National Council for Peace and Order should kindly enlighten about this given concerns. With clarity, this would help to have more proper and qualified candidates for the NHRC selective process.
 

10/06/2015