The National Human Rights Commission of Thailand (NHRCT) has recommended the government to specify “Paraquat” as Type 4 hazardous substance which the production, import, export or having in possession is prohibited, and to establish the measures to control the use of chemicals that are hazardous to health for protecting people’s rights.

On February 10, 2019, Mr. What Tingsamitra, Chairperson of the National Human Rights Commission of Thailand (NHRCT), has revealed that the Association of Confederation of Customer Organization, Thailand (ACCOT) and the Foundation for Consumers (FFC) submit an application to NHRCT to examine a renewal of registration certificate of Paraquat which is Type 3 hazardous substance, issued by Department of Agriculture, Ministry of Agriculture and Cooperatives. The registration certification is renewed without a result of consideration of Committee on Hazardous Substance that Paraquat may be banned and registered as Type 4 hazardous substance which the production, import, export, or having in possession is prohibited due to the substance affects environment and causes a hazard to people’s health.
The NHRCT has reviewed both matters of fact received from relevant agencies, academic documents, expert witnesses and opinions of representatives from various agencies including matters of law and principles of human rights, “Even though Department of Agriculture proceeds all procedures in accordance with the provisions described in Hazardous Substance Act B.E. 2535 (1992), the use of Paraquat as chemical herbicide in agriculture sectors is
an issue affecting rights to standard of living in an environment that is conducive to people’s health because all parties agreed that Paraquat has its chemical hazard and toxicity and the use of Paraquat in agriculture sectors implicated an adverse effect directly to health, sanitation and ways of life of farmers and people. Therefore, the government has its duties to ensure all people are safe and received true information relating to a hazard of Paraquat including other agricultural chemicals such as Glyphosate (herbicide), Chlorpyriphos (chemical pesticide) etc., and also to take actions to ensure appropriate and fair remedies in accordance with relevant laws in the case where there is the use of such chemical implicating an adverse effect to people’s health and environment as well as at the same time helping farmers to manage agriculture productions safely with high yield and quality of produce by applying organic farming and/or biotechnology instead of using chemicals.” said by Mr. What.
Mr. What further said that, the use of Paraquat in agriculture sectors is the liberty to engage in an occupation as stated in Section 40 of the Constitution of the Kingdom of Thailand B.E. 2560 (2017); however, as stated in Section 55 the State also has its duties to provide and promote people to have a good health in accordance with Article 12 paragraph 1 of International Covenant on Economic, Social and Culture Rights  states that the States Parties to the present Covenant recognize the rights of everyone to the enjoyment of the highest attainable standard of physical and mental health. The government should take actions according to Section 40 Paragraph 2 of the Constitution of the Kingdom of Thailand B.E. 2560 for the protection
of customer and public benefit. Therefore, the problem’s resolving of using Paraquat in agricultural sectors bringing long-term sustainability in all dimensions, the NHRCT has proposed recommendations, measures or guidelines for promotion and protection of human rights including the amendment of laws, regulations or any orders complying with principle of human rights to the Cabinet, Ministry of Agriculture and Cooperatives and Hazardous Substance Committee in accordance with the NHRC mandates as stated by the Constitution of the Kingdom of Thailand B.E. 2560 (2017), Section 247 (3) and the Organic Act on the National Human Rights Commission B.E. 2560 (2017), Section 26 (3), as follows:
1. Committee on Hazardous Substance as authority in accordance with the Hazardous Substance Act B.E. 2535 (1992) should specify Paraquat as Type 4 hazardous substance which the production, import, export, or having in possession is prohibited.
2. Ministry of Agriculture and Cooperatives should solve the issue of using all agricultural chemicals in a long term by establishing measures and a clear time frame for controlling the use or banning of all chemicals with empirical scientific evidence in agriculture sectors that implicate an adverse impact on people’s health and environment, and in the meantime biology and biotechnology should be developed as alternative means for farmers to fulfill a systematic sustainable agriculture.
3. The Cabinet should provide a specific law regarding the control of agricultural chemicals by considering a draft Act on the Safety Use of Preventive and Herbicide Substances B.E. …. of the Working Group on National Health Assembly Resolutions, Agriculture and Food Safety under the Follow-up Subcommittee of the National Health Assembly Resolution with a network of public health alliance and civil society organizations.

10/02/2019