Thailand – IMM situation

IMM name: National Committee on Persons with Disabilities

IMM type: National Human Rights Institution

CRPD ratification date: 29 July 2008

IMM legal framework: Constitution of Thailand 2017

Thailand ratified the CRPD on 29 July 2008. The IMM is a National Human Rights Institution, has a quasi-jurisdictional competence, and is constituted by the Disabilities Thailand (DTH) Committee on Persons with Disabilities Affairs. The mandate of the IMM extends to all parts of the federal state. Thailand has a civil society organization, which is Disabilities Thailand (DTH), that consists of Persons with Disabilities Organizations that represent seven types of disabilities. Their duties are to monitor and follow up on work plans regarding persons with disabilities and to bring issues to the Committee on Persons with Disabilities Affairs under the Committee on Social Development, Child Affairs, Youth Elderly Persons with Disabilities, and the less fortunate as the IMM.

The IMM is following the EQUAL Strategy by:

• Empowering persons with disabilities and organizations to enhance their potentiality and strength (Empowerment)
• Developing the management quality and elimination of discrimination towards accessible rights for persons with disabilities (Quality Management)
• Enlightening the community on positive attitudes towards disability and persons with disabilities (Understanding).
• Making the environment, transportation, public service, and technological development more accessible for persons with disabilities (Accessibility).
• Promoting organizational linkages to the sustainable development of the quality of life of persons with disabilities (Linkage).

Empowerment of Persons With Disabilities Act, B.E. 2550 (2007) Section 20/2.11 states that organizations for Persons with Disabilities or other organisations rendering services to persons with disabilities whose standards have been certified by the Committee under Article 6 (10) shall be entitled to take the following actions:

• Recommend to the Committee or Office to improve, and enhance the rights and benefits of persons with disabilities
• Recommend to the State Agency with authorities and responsibilities to promote or provide services to persons with disabilities to fully acquire rights
• Make a claim on behalf of persons with disabilities for acquiring rights of persons with disabilities under this Act
• Provide assistance to persons with disabilities, enabling their access and utilization under this Act
• Provide employment services and promote employment opportunities to Persons with Disabilities who may receive subsidies from the Fund
• Provide services or organize activities to promote sports or recreational activities for persons with disabilities, which may receive support from the State
• Coordinate in relation to the copyrighted works of other persons for the benefit of persons with disabilities in accordance with the law on copyright
• Apply for usage of the State Land or other properties of the State for the purpose of empowerment of persons with disabilities and may be exempt from fees and charges in accordance with the law on such issue
• To take actions as assigned by the Office to comply with this Act. Actions under paragraphs one (3) to (9) shall be taken in accordance with the criteria, procedures, and conditions as prescribed by the Committee in the Rules. According to the Constitution of Thailand 2017, the National Committee on Human Rights is the IMM

The IMM is also mandated with the following functions:

• Promoting the rights of persons with disabilities, including through education, outreach, the media, training and capacity building
• Protecting the rights of persons with disabilities, including by receiving, investigating, and resolving complaints, or by mediating conflicts and monitoring activities and reporting
• Monitoring the implementation of the CRPD

The IMM undertakes/has undertaken the following activities:

• Developing a plan to monitor the implementation of the CRPD by the State
• Evaluating policy, legislative, and administrative compliance with the CRPD
• Offering legal and policy advice to ensure compliance with the CRPD and other relevant international human rights obligations of the State
• Initiating or undertaking research studies on the rights of persons with disabilities
• Receiving and considering complaints or reviewing the outcome of complaints received by the NHRI
• Promoting the rights of women and girls with disabilities in legislation and policies, including in the disability and gender-equality legislation and programmes
• Focusing on monitoring the rights of women and girls with disabilities and reporting
• Undertaking investigations on the rights of persons with disabilities
• Submitting alternative reports to the CRPD Committee and other relevant human rights treaty bodies or international human rights mechanisms
• Participating in the preparation of the State party’s periodic reports to the CRPD Committee
• Cooperating with other domestic mechanisms, as appropriate, such as the Parliament, the National Preventive Mechanism (NPM), National Human Rights Institutions (NHRI) and Equality Bodies, with the aim to reinforce human rights monitoring and reporting at the national level
• Liaising with the focal point(s) designated within government under Article 33(1) for matters relating to the Convention’s implementation
• Liaising with National Mechanisms for Reporting and Follow-Up on matters relating to implementation of the CRPD: Institutions, organizations and their departments must examine the recommendations issued by the Commission and inform the Commission of the results of the examination and the implementation of the recommendations. The information shall be communicated to the Commission without delay after the decisions on the action to be taken in response to the Commission's recommendations have been taken, but no later than 30 days after receipt of the recommendation.

The IMM’s membership is composed of persons with disabilities and representatives of organisations of persons with disabilities. Furthermore, women with disabilities and their representative organizations participate in the membership and managerial functions of the independent monitoring mechanism. Persons with disabilities and organizations that represent them are being compensated or supported financially for their time and expertise by the government.

The monitoring activities in which persons with disabilities or their representatives’ organizations have been involved include:

• Monitoring of public policies and legislation concerning persons with disabilities
• Monitoring the situation of persons with disabilities in institutions such as residential care centres and other places of institutionalisation
• Participating in joint initiatives between the National Preventive Mechanism or the Independent Monitoring Mechanism to monitor places of detention, including prisons, police stations and mental health institutions.

Persons with disabilities take part in the decision-making process of the Independent Monitoring Mechanism; they have a voice and the right to vote. Persons with disabilities attend the decision-making process of the Independent Monitoring Mechanism; they have a voice throughout the deliberations. Persons with disabilities as designated experts on disability are invited and/or hired to support specific programmes in the Independent Monitoring Mechanism. Furthermore, persons with disabilities monitoring their rights may submit findings or allegations of human rights violations to the Independent Monitoring Mechanism. Persons with disabilities identifying themselves as self-advocates are invited to join specific monitoring activities by the Independent Monitoring Mechanism.

Note: If you wish to rectify or provide more information regarding your IMM, please contact ohchr-CRPDIMM@un.org