In all the regulations concerning the functions of
the Board, nothing is said about the procedural safeguards of how ordinary
citizens, and the public in general, can bring their petitions to the
Board, including the right of hearing and the duty of giving reasons.
When compared with the constitutional provisions, the latter are much
more advanced. Section 61 of the Constitution affirms:
“A person shall have the right to present
a petition and to be informed of the result of its consideration
within the appropriate time, as provided by law(14).”
Section 59 of the Constitution goes further:
“A person shall have the right to receive
information, explanation and reason from a State agency, State enterprise
or local government organisation before permission is given for
the operation of any project or activity which may affect the quality
of the environment, health and sanitary conditions, the quality
of life or any other material interest concerning him or her or
a local community and shall have the right to express his or her
opinions on such matters in accordance with the public hearing procedure,
as provided by law(15).”
There is no such law enacted by Thai legislature. However,
the Council of State (the highest advisory body in Thai governmental structure(16) ) has now prepared a draft law on public hearing. It has received a praise
of foreign legal experts(17). A brief discussion of
the draft is given by Chaiwat Wongwattanasan, Secretary General of the
Council of State at his article Key Principles for Draft Public Consultation
Act (Main Points(18)).
Part 11
(14) http://www.krisdika.go.th/law/text/lawpub/e11102540/text.htm
(15) ibid.
(16) See for more information on the functions of the
Council of State: http://203.152.23.33/html/geninfo_e.htm
(17) See an article of J.E. Bonine “Democracy
and Rights of Access and Public Participation: Worldwide Trends”
at http://www.krisdika.go.th/activityDetail.jsp?actType=I&actCode=24
(18) http://www.krisdika.go.th/activityDetail.jsp?actType=I&actCode=28
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