Judge Suntariya Muanpawong, Dr.Jur.
Chief Judge of the Research Justice Division
Secretary of the Environmental Law Division
The Supreme Court of Thailand

Laws

Jurisprudence

Culture &PracticeInter Law: RIO Principle 10Constitution : Basic Rights to Official
Information

Laws: Official Info Law/Administrative Procedure
ActRegulations: --- Some PRTR Regulations

Inter Law: Principle 10Constitution : Basic Rights - Participation inEIA/HIA of Public, Communities, HealthOrganizations, Environmental IndependentBody (NGOs and Academic)// Co-Management
in Natural Resources//State Policies
Laws: Hearing in Town Planning Act /Right to be heard in
Administrative Procedure Act/ EIA in Environmental
Protection Law/ EIA in Mining Law
Regulations : Office of the Prime Minister Regulation onPublic Involvement -- Provide the Information,
Consultation/Hearing/Polling, Meeting Process Etc.

Inter Law- Principle 10Constitution: Basic Right to Sue ofCommunities, when Lack of EIA/HIA
Laws: Administrative Procedure Act/
Administrative Court Process Act

Regulations: --------

Part 10 Rights to Information and Petition
Section 56 A person shall have the right to receive and to get access to public information inpossession of a government agency, State agency, State enterprise or local government organization,
unless the disclosure of such information shall affect the security of State, public safety, interests ofother persons which shall be protected, or personal data of other persons as provided by law.

Section 57 A person shall have the right to receive information, explanation and justification from agovernment agency, State agency, State enterprise or local government organization before
permission is given for the operation of any project or activity which may affect the quality of theenvironment, health and sanitary conditions, the quality of life or any other material interest
concerning him or a local community and shall have the right to express his opinions on suchmatters to the concerned agencies for their consideration.
The State shall organize public consultation thoroughly before the making of social, economic,
politic and cultural development plan, the expropriation of immovable property, the making of town
and country planning, the determination of land use, and the enactment of rule which may affectmaterial interest of the public.

Section 58 A person shall have the right to participate in thedecision-making process of State official in the performance ofadministrative functions which affect or may affect his rights andliberties, as provided by law.

Section 59 A person shall have the right to present a petition andto be informed of the result of its consideration within theappropriate time.

Section 60 A person shall have the right to sue a government
agency, State agency, State enterprise, local governmentorganization or other State authority which is a juristic person to
be liable for an act or omission done by its government official,official or employee.

Part 12 Community Rights
Section 66 Persons assembling as to be a community,
local community or traditional local community shallhave the right to conserve or restore their customs,local wisdom, arts or good culture of their communityand of the nation and participate in the management,
maintenance and exploitation of natural resources, theenvironment and biological diversity in a balanced andsustainable fashion.

Section 67 The right of a person to participate with State and communities in thepreservation and exploitation of natural resources and biological diversity and in theprotection, promotion and conservation of the quality of the environment for usual andconsistent survival in the environment which is not hazardous to his health and sanitarycondition, welfare or quality of life, shall be protected appropriately.
Any project or activity which may seriously affect the quality of the environment,
natural resources and biological diversity shall not be permitted, unless its impacts on
the quality of the environment and on health of the people in the communities have beenstudied and evaluated and consultation with the public and interested parties have beenorganized, and opinions of an independent organization, consisting of representatives
from private environmental and health organizations and from higher education
institutions providing studies in the field of environment, natural resources or health,have been obtained prior to the operation of such project or activity.
The right of a community to sue a government agency, State agency, State enterprise,
local government organization or other State authority which is a juristic person toperform the duties under this section shall be protected.

CHAPTER V Directive Principles of Fundamental State Policies
Part 10 Public Participation Policy
Section 87 The State shall act in compliance with the public participation policy as follows:(1) encouraging public participation in the determination of public policy and the making of
economic and social development plan both in the national and local level;(2) encouraging and supporting public participation to make decision on politics and the making of
economic and social development plan and the provision of public services;(3) encouraging and supporting public participation in the examination of the exercise of Statepower at all levels in the form of profession or occupation organization or other forms;(4) strengthening the politics power of the public, and preparing the laws establishing civil politics
development fund for facilitating the communities to organise public activities and for supporting
networks of the groups of people to express opinion and requirements of the communities in thelocalities;(5) supporting and providing education to the public related to the development of politics andpublic administration under the democratic regime of government with the King as Head of State,
and encouraging the public to exercise their rights to vote honestly and uprightly.
In providing public participation under this section, regard shall be had to approximate proportionbetween women and men.

 Article 4.

Subject to the provisions of this Constitution, allhuman dignity, rights, liberties and equality of thepeople protected by the constitutional convention undera democratic regime of government with the King as
the Head of State, and by international obligations
bound by Thailand, shall be protected and upheld by
this Constitution.

TheCabinetand theNational
Envi Board
make a listof EIARequiring
ProjectsDeveloper
makes anEIA
ReportOffice of theEnvironmental
Plan gives
Comments

TechnicalExpert Board
Passes theReport

The Authority
deliversPermission

Laws
 Act on Establishment of Administrative Court and Administrative
Court Procedure Recommendations of the President of the Supreme Administrative
Court on the Administrative Court Proceedings concerning
Environmental Issue
 Administrative Procedure ActProblems
 Obligation to carry out EIA/HIA: Who has the Right to Define andClassify the Seriously Harmful Projects?
 Procedural Failure: Difference between Small Failure and Important
Failure? What is the Consequence? What is the Sanction?
Administrative Sanction- Healing or Nullify? Or Monetary Remedy?
Compensation from the Administration?
TheExecutiveTheJudiciaryProcedural
Error

SubstantiveError

Section 34 — Hearing a party(1) Before the matter is decided, a party shall be reserved
an opportunity to express an opinion on the matter andto submit an explanation on the demands andinformation which may have an effect on its decision.

Chapter 8 — Correction of an error in the decision
Section 50 — Correction of an error(1) If a decision is clearly based on erroneous or insufficient informationor on obviously incorrect application of the law, or if a procedural
error has occurred in the decision-making, the authority maycorrect its erroneous decision and decide the matter anew.

(2) The decision may be corrected to the benefit or the detriment of aparty. The consent of the party shall be required for a correction of thedecision to his/her detriment. However, the consent of a party shall not
be required if the error is obvious and has arisen from the conduct ofthat party.

-CultureEffective Deliberation with Our Old Tradition: Elitism, Top-Down Culture, MilitaryRulers, Nepotism – Possible or not Possible?
Wrong Attitude of the Government and of the People- Possibility to Change theAttitude?
Culture of Dialogue?
Environmental Democracy/Deliberative Democracy/Participatory Democracy/DirectDemocracy: Technique or Philosophy/Ethics/Ideology?
Practice- Obligation to Hear?
- Which Groups & Stakeholders? Where? When? How long? Who conduct the Meeting?
How to Announce?
-Which Info? How the Info looks like? Duration for Info Access?
- Fair Process-Equal Weapons?
- Right to talk with Reason/ Right to get Answer?/Right to stop or Change the Projects?
- Influence to the Decision?

 No Appropriate Reform Body
 No Enough Role of Inter Actors
 No Enough Knowledge of Environmental

Administrative Law

Problems

Recommendations

1. Law and Regulations

Not Enough/No Clear Obligation/No Details/No
Enough Acts and No Special Act/NoInternational Influence

Ensure Constitutional Rights/More
Legislations/Enact Special Law on
PP in Large Scale Projects/More
Binding of the Inter Envi LawsPrinciple 10,Bali G, Arhus C

2. Jurisprudence

Not so many Cases to Court, Unclear Laws,
Unclear Ideas about the Judicial Review of
Administrative Error, Unclear Role of Judges

Increase Legal Aids, Make Clear
Laws about Procedural Error/
Capacity Building -Court andPeople

3. Culture and Practice

No good Culture/No Real Practice

Revisit the Values/Build New
Culture, Introduce New Learning
Process, Increase Quality of the
Deliberation/Use Modern Tools,
Expand more Channels for PP,
Develop more Skill andExperiences/International
Cooperation

4. Reform Process

No Strategic Reform

Set Up New InstitutionsEnvironmental Justice Reform
Body Set Strategic Reform , Centerfor Communication Design/Develop
Proactive Role of Inter
Actors/Develop Envi Administrative
Law