Rights and Liberties Protection Department (RLPD), Ministry of Justice Chaeng Watthana Government Complex, Chaengwatthana Road, Lak Si, Bangkok 15 March 2019 Dear Sir/Madam, Re: Recommendations on draft National Action Plan on Business and Human Rights (Dated 14 February 2019) We write to your office concerning the draft National Action Plan on Business and Human Rights (‘draft NAP’), dated 14 February 2019, scheduled for public consultation between 15 February 2019 and 15 March 2019. We note that Thailand is among the first countries in the ASEAN region to have begun the elaboration of a National Action Plan (‘NAP’) and welcome the Thai Government and the Ministry of Justice’s efforts and commitment to implement the United Nations Guiding Principles on Business and Human Rights (UNGPs) through the NAP. We would propose the following recommendations with a view to strengthening the NAP, particularly concerning human rights defenders (HRDs), identified as one of the NAP’s key priority issues. We wish to draw your attention to harassment of HRDs through judicial processes, particularly those who have been charged for carrying out their legitimate and important work to raise awareness and highlight concerns regarding human rights in Thailand. In this respect, we would highlight our concerns and recommendations regarding existing legal measures to combat Strategic Litigation against Public Participation (SLAPP). Background 1. SLAPP are lawsuits undertaken with the principal objective of curtailing or deterring public criticism or opposition to certain activities of the entity of those initiating the legal action, including in the human rights area. SLAPP lawsuits against a HRD typically has a “chilling effect” on the exercise of freedom of expression and other human rights and fundamental freedoms which Thailand is bound to protect pursuant to its international legal obligations. These include the International Covenant on Civil and Political Rights (ICCPR), a human rights treaty which Thailand has ratified, that requires States that are parties to it to guarantee a range of civil and political rights, including freedom of opinion and expression, including the right to seek, receive and impart information (article 19); freedom of peaceful assembly (article 21); and the right to take part in the conduct of public affairs (article 25). 2. These rights, when exercised by human rights defenders, have been accorded heightened protection in international standards in particular through the UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (Declaration on Human Rights Defenders), adopted in 1999 by consensus of the General Assembly. 3. In addition, Thailand also has an obligation to ensure that persons are protected from any acts by private persons or entities that would impair the enjoyment of the freedoms 1