Section 5.  There shall be the National Human Rights Commission consisting of a President and ten other members appointed, by the King with the advice of the Senate, from the persons having apparent knowledge or experiences in the protection of rights and liberties of the people, having regard also to the participation of men and women and representatives from private organisations in the field of human rights.

                 The President of the Senate shall countersign the Royal Command appointing the President and members.

                Section 6.  The President and members shall have the qualifications and shall not be under any prohibition as follows:

                (1)      being of Thai nationality by birth;

(2)      being not less than thirty five years of age;

(3)      not being a member of the House of Representatives or the Senate, a political official, a member of a local assembly or a local administrator;

(4)      not being a holder of any position of a political party;

(5)      not being of unsound mind or of mental infirmity;

(6)      not being addicted to drugs;

(7)      not being a bankrupt;

(8)      not being a person sentenced by a judgment to imprisonment and being detained by a warrant of the Court;

(9)      not being a person having been discharged for a period of less than five years on the nomination day after being sentenced by a judgment to imprisonment for a term of two years or more except for an offence committed through negligence;

(10)   not having been expelled, dismissed or removed from the official service, a State agency or a State enterprise or from a private agency on the ground of dishonest performance of duties, gross misconduct or corruption;

(11)   not having been ordered by a judgment or an order of the Court that his or her assets shall dissolve on the State on the ground of unusual wealthiness or an unusual increase of his or her assets;

(12)   not being an Election Commissioner, an Ombudsman, a member of the National Counter Corruption Commission, a member of the State Audit Commission or a member of the National Economic and Social Council;

(13)   not having been removed from office by a resolution of the Senate.

Section 7.  A person elected as a member shall:

(1)       not be a Government official holding a permanent position or receiving salary;

(2)       not be an official or employee of a State agency, State enterprise or local government organisation or not be a director or advisor of a State enterprise or State agency;

(3)       not hold any position in a partnership, company or an organisation carrying out businesses for sharing profits or incomes, or be an employee of any person.

 In the case where the Senate has elected a person in (1), (2) or (3) with the consent of that person, the elected person can commence the performance of duties only when he or she has resigned from the position in (1), (2) or (3).  This shall be done within fifteen days as from the date of election.  If that person has not resigned within the specified time, it shall be deemed that that person has never been elected to be a member and a new member shall be selected and elected.

Section 8.  The selection and election of members shall be proceeded as follows:

(1)     there shall be a Selective Committee consisting of the President of the Supreme Court, the President of the Supreme Administrative Court, the Prosecutor-General, the Chairman of the Law Council, Rectors or representatives of higher education institutions which are juristic persons; provided that each institution shall have one representative and all such representatives shall elect among themselves to be five in number, representatives of private organisations in the field of human rights under section 24; provided that each organisation shall have one representative and all such representatives shall elect among themselves to be ten in number, representatives of political parties having a member who is a member of the House of Representatives; provided that each party shall have one representative and all such representatives shall elect among themselves to be five in number, representatives of public media in the businesses of newspaper, radio broadcasting and television broadcasting, being elected from each business to be three in number and the Secretary-General of the National Human Rights Commission as secretary.  The Selective Committee shall have the duties to select and prepare a list of names of twenty two persons who are suitable to be members under section 5; provided that regard must be given to the participation of women and men, and submit such list to the President of the Senate.  The nomination must be made with consent of the nominated persons including documents or evidence showing that the nominated persons are suitable to be members and have the qualifications and are under no prohibitions under section 6 within sixty days as from the date when a ground for the selection of persons to be in such office occurs.  The resolution making such nomination must be passed by votes of not less than three-fourths of the number of all existing members of the Selective Committee;

(2)     the President of the Senate shall convoke the Senate for passing, by secret ballot, a resolution selecting the nominated persons under (1).  For this purpose, persons who receive the highest votes which are more than one-half of the total number of the existing senators shall be elected as members in consecutive order, but if no persons are elected or if less than eleven persons are elected, the name-list of those not elected on the first occasion shall be submitted to the senators for voting on another occasion.  In such case, the persons who receive the highest votes which are more than one-half of the total number of the existing senators shall be deemed to be elected as members.  In the case where there are persons receiving equal votes in any order resulting in having more than eleven elected persons, the President of the Senate shall draw lots to determine who are elected persons.  In the case where no person is elected or where less than eleven persons are elected, the Selective Committee shall proceed with the selection and preparation for a list of persons under (1) to be submitted to the Senate for passing a resolution for reelection.

 The elected persons under (2) shall meet and elect among themselves the President and notify the President of the Senate of the result.  The President of the Senate shall tender the matter to the King for further appointment.

Section 9.  Members shall perform their duties with independence and impartiality and shall have regard to the interests of the country and the public.

Members shall be a State official under the organic law on counter corruption.

Section 10.  Members shall hold office for a term of six years as from the date of their appointment by the King and shall serve for only one term.

Members who vacate office upon the termination of the term shall remain in office to continue to perform their duties until the newly appointed members take office.

 In order to have the newly appointed members to perform their duties upon the termination of the term of the outgoing members, the proceeding of selection and election for the new members shall be proceeded sixty days prior to the expiration of the term of office of the outgoing members.

Section 11.  Members of the House of Representatives or senators of not less than one-fourth of the total number of the existing members of each house have the right to lodge with the President of the Senate a complaint in order to request the Senate to pass a resolution removing a member from office on the grounds that such member has performed his or her duties without giving regard to the interest of the country and the public or with partiality or misconduct or immoral conduct that may seriously affect or damage the performance of his or her duties or the promotion or protection of human rights, or of having any interest in any activity or business which has directly affected or caused the same damage therein, or having of having had a conduct in violation of human rights or being seriously defective in performing his or her duties.

 The resolution of the Senate under paragraph 1 shall be passed by votes or not less than three-fifths of the total number of the existing members of the Senate.

Section 12.  In addition to the vacation of office upon the termination of the term, a member vacates office upon:

 (1)      death;

(2)      resignation;

(3)      being disqualified or being under any of the prohibitions under section 6;

(4)      acting in contravention of section 7;

(5)      being removed from office by a resolution of the Senate under section 11;

(6)      being removed from office by a resolution of the Senate under the organic law on counter corruption.

                When a case under paragraph one occurs, the remaining members may continue the performance of duties and it shall be deemed that the Commission consists of the remaining members, except where the remaining thereof are less than seven.

                 Section 13.  In the case where members vacate office under section 12, the proceedings under section 8 shall commenced within thirty days as from the date the members vacate their office.  In this case, the Selective Committee shall prepare a list of persons twice the number of those vacating office and submit such list to the President of the Senate.

                 In the case where members vacate office when the National Assembly is not in session, the proceedings under section 8 shall be proceeded within thirty days as from the date the National Assembly commences its session.

                Section 14.  At a meeting, the presence of not less than one-half of the total number of existing numbers shall constitute a quorum.

                 The President shall preside over the meeting.  If the president does not attend the meeting or is unable to perform his or her duties, the members present shall elect one among themselves to preside over the meeting.

                 The decision of the meeting shall be made by majority of votes; in case of an equality of votes, the person presiding over the meeting shall have an additional vote as casting vote.

                 In a meeting, if there is a consideration of a matter in which a member has a private interest, that member has no right to attend such meeting.

                Section 15.  The Commission has the powers and duties as follows:

                (1)      to promote the respect for and the practice in compliance with human rights principles at domestic and international levels;

(2)      to examine and report the commission or omission of acts which violate human rights or which do not comply with obligations under international treaties relating to human rights to which Thailand is a party, and propose appropriate remedial measures to the person or agency committing or omitting such acts for taking action.  In the case where it appears that no action has been taken as proposed, the Commission shall report to the National Assembly for further proceeding;

(3)      to propose to the National Assembly and the Council of Ministers policies and recommendations with regard to the revision of laws, rules or regulations for the purpose of promoting and protecting human rights;

(4)      to promote education, researches and the dissemination of knowledge on human rights;

(5)      to promote cooperation and coordination among Government agencies, private organisations, and other organisations in the field of human rights;

(6)      to prepare an annual report for the appraisal of situation in the sphere of human rights in the country and submit it to the National Assembly and the Council of Ministers and disclose to the public;

(7)      to assess and prepare an annual report of the performance of the Commission and submit it to the National Assembly;

(8)      to propose opinions to the Council of Ministers and the National Assembly in the case where Thailand is to be a party to a treaty concerning the promotion and protection of human rights;

(9)      to appoint a sub-committee to perform the tasks as entrusted by the Commission;

(10)   to perform other acts under the provisions of this Act or as the law prescribed to be the powers and duties of the Commission.

                Section 16.  The President and the members shall work regularly on a full-time basis and shall receive monthly remuneration and travel allowance in accordance with the rules and rates as prescribed by a Royal Decree.

                The sub-committee shall receive meeting and travel allowances in accordance with the rules and rates as prescribed by a Royal Decree.