E/CN.4/2002/24 page 44 110. To fully implement the Constitution, the Thai Ministry of Justice is preparing a draft Non-Discrimination Act, to guarantee that people, regardless of their differences, are treated on an equal basis, with due respect, and can enjoy all human rights and fundamental freedoms as provided for in the Constitution. The Non-Discrimination Act, when passed, will provide access to justice for victims of discrimination. 111. Thailand has also set up a national commission on human rights, in accordance with the National Human Rights Commission Act (1999). The 11-member Commission started functioning officially in July 2001 and is responsible for the promotion and protection of human rights and proposing appropriate remedial measures. In cases where it appears that action proposed by the Commission has not been taken, the Commission shall report to the National Assembly for further proceeding. The Commission is also mandated to promote human rights education. The Commission, therefore, has a large role to play in combating racism and racial discrimination. 112. At the international level, the national committee on preparation for the Durban World Conference considered the possibility for Thailand of acceding to the International Convention on the Elimination of All Forms of Racial Discrimination. 113. Lastly, Thailand at present hosts over 1 million illegal migrants and approximately 100,000 displaced persons from a neighbouring country and, therefore, misunderstanding, misperception and tension may arise. Maltreatment of illegal/unskilled foreign labourers has occurred, at times, due to individual selfishness but definitely not due to State policies. Also, following the economic crisis in 1997, an increasing number of harsh comments against and opposition to foreign investment and investors can occasionally be observed. The main difficulty is a lack of awareness and the sense of apathy among the public regarding the issue of racism and related intolerance, as Thailand has been relatively spared from racial tension, conflict or violence. 114. As a follow-up to the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in Durban, South Africa, from 31 August to 8 September 2001, the Government of Thailand intends to make greater efforts to raise public awareness and understanding on the issue of racism and related intolerance. 115. The Special Rapporteur welcomes the constitutional and legislative provisions enacted by the Government of Thailand, and also the measures aimed at increasing public awareness of the question of racism. I. European Union 116. The Special Rapporteur has been informed that, on 23 November 2001, the European Commission adopted a framework decision on combating racism and xenophobia, which is to be submitted for approval by the States members of the Union in the course of 2002. This decision, aimed at aligning the laws and regulations of the member States regarding racist and xenophobic offences, has a twofold purpose: first, to ensure that racism and xenophobia are punishable in all member States by effective, proportionate and dissuasive criminal penalties, which can give rise to extradition or surrender; and second, to improve and encourage judicial cooperation by