Thailand’s Legal Frameworks on Corporate Accountability for Outbound Investments

Thailand’s Legal Frameworks on Corporate Accountability for Outbound Investments

Today, the ICJ hosted a discussion on Thailand’s legal frameworks on corporate accountability for outbound investments in Chiang Mai, Thailand. The forum was co-organized with Earth Rights International.

Lawyers, members of civil society organizations and academics from Cambodia, Laos, Myanmar, and Thailand attended the discussion.

Participants discussed:

  • corporate civil, criminal and administrative liability and in particular, the applicable laws governing the prosecution and adjudication of human rights abuses committed by Thai corporations and gaps in Thailand’s legal frameworks. The meeting also looked into recommendations to strengthen Thailand’s domestic laws to increase access to justice for victims of human rights abuses committed by Thai corporations in the context of their business activities abroad, particularly on issues such as: limited liability of shareholders and the “corporate veil” in relation to the responsibilities of Thai corporations, the complexity of laws governing joint ventures, and challenges in bringing state-owned enterprises to justice;
  • jurisdiction of Thai courts in civil, criminal and administrative cases where de facto and de jure foreign subsidiaries of a Thai corporation were involved in wrongful acts or omissions abroad, and problems posed by statutes of limitation;
  • tools for preventing human rights abuses by corporations such as Human Rights Due Diligence (HRDD), Transboundary environmental impact assessments (EIA), Corporate Social Responsibility (CSR) measures, and the Duty of Care principle under tort law; and
  • the role of other related actors to prevent and mitigate human rights risks, including the National Human Rights Commission of Thailand (NHRCT), National Contact Points (NCPs), financial institutions and securities institutions, and provided recommendations to strengthen mandates of such organizations which would allow them to provide better protection for individuals and communities who may be affected by outbound investments.

This discussion will provide the foundation for further work and analysis by the ICJ regarding Thailand’s legal frameworks on corporate accountability for outbound investments. It will also provide the basis for ICJ strategic advocacy at the national level.

Thailand: end prosecution of civilians in military courts

Thailand: end prosecution of civilians in military courts

Today, the ICJ submitted recommendations to the Council of the State calling for the repeal or amendment of National Council for Peace and Order (NCPO) and Head of the NCPO (HNCPO) orders and announcements in line with Thailand’s international human rights law obligations.

The ICJ was informed by the Ministry of Foreign Affairs that the Council of the State had been tasked to review the necessity and relevance of announcements, orders, and acts of the NCPO and of the HNCPO in February 2019.

The review process is in line with Thailand’s declaration to the UN Human Rights Committee in its Follow-Up to the Concluding Observations of the Committee, submitted on 18 July and published on 10 August 2018.

In its submission to the Council of the State, the ICJ has called for the review process of HNCPO and NCPO announcements and orders to be carried out with increased public participation, openness, and transparency.

The ICJ has also made recommendations on the repeal and amendment of the following HNCPO and NCPO orders and announcements since they are clearly inconsistent with Thailand’s international human rights law obligations and the 2017 Constitution, and are neither necessary, nor proportionate, nor relevant to the current situation:

  1. Orders that provide the military with superior powers beyond civilian authorities;
  2. Orders that allow military courts to prosecute civilians;
  3. Orders that infringe on the rights to freedom of expression and assembly, restrict media freedom and the right to information; and
  4. Orders that infringe on community and environmental rights.

As main priorities, the ICJ has recommended that:

a) the exercising of law enforcement powers by military personnel to arrest and detain suspects in places not formally recognized as places of detention without judicial review should end;

b) all cases of civilians facing proceedings before military courts be transferred to civilian courts, and all civilians convicted of an offence in military courts be guaranteed a re-trial in civilian courts; and

c) all other HNCPO and NCPO orders and announcements should be repealed or amended to bring Thailand in compliance with its international human rights law obligations, and to ensure that the rights to freedom of expression, opinion and assembly, and environmental rights, among others, be respected.

Thailand-civilian prosecutions military courts-Advocacy-Non-legal submissions-2019-ENG (PDF in English)

Thailand-civilian prosecutions military courts-Advocacy-Non-legal submissions-2019-THAI (PDF in Thailand)

 

Further readings:

Post coup’s legal frameworks

Thailand: ICJ alarmed at increasing use of arbitrary powers under Article 44

Joint submission to the UN Human Rights Committee by the ICJ and Thai Lawyers for Human Rights

The ICJ and other groups made a joint follow-up submission to the UN Human Rights Committee

Thailand: statement to UN on situation for human rights

ICJ and Thai Lawyers for Human RIghts’ submission to the Universal Periodic Review (UPR) of Thailand

Military officers in law enforcement missions

Thailand: immediately end the practice of arbitrarily detaining persons in unofficial places of detention

Thailand: The ICJ and Human Rights Watch express concerns over detentions

The Use of Military Court

Thailand: transfer all civilians to civilian courts

Thailand: End prosecution of civilians in military tribunals

Thailand: ICJ welcomes Order phasing out prosecution of civilians in military courts but government must do much more

Freedom of expression and assembly

Thailand: lifting of the ban on political activities is welcome but more is needed

Thailand: Lift ban on political gatherings and fully reinstate all fundamental freedoms in Thailand

Thailand: misuse of laws restricts fundamental freedoms (UN statement)

Community and environmental rights

“Development” and its discontents in Thailand

Thailand: ICJ submission to the UN Committee on Economic, Social and Cultural Rights

 

Translate »