The only normative document which is enacted on public hearing thus far is the Order of the Office of the Prime Minister for Considering Public Opinions through the Process of Public Hearing(19). This Order which is directed to all governmental bodies cannot serve as a substitution of the legislative act since it is not addressed to the public, and it does not secure any public rights. It only obliges the governmental bodies considering public opinions to furnish the reasons for their decisions to the public (Article 18 of the Order). Conduct of public hearing according to the Order is at the discretion of the political leadership of Thailand(20). Although it is true that an administrative process should have more discretion than the judicial one, it is important to provide a legislative framework within which administrative discretion can be exercised fairly and efficiently. If this framework has not been enacted as yet, it is expected to be enacted in the near future. The Enhancement and Conservation of National Environmental Quality Act fails to specify the rights and the duties decreed in the Constitution. Passing a law on public hearings will address only a part of the complex problems related to public participation. Providing a clear procedure for a public hearing will not automatically bring of active participation. There must be people who have good will and knowledge to take part in the process of making decisions on environmental issues. In Thailand, as in other parts of the world, those people are found within NGOs, academic institutions, and unlike other parts of the world, within a few Buddhist monasteries.

Part 12

(19) Published in: Gaewsun Otiport. Public Hearing: Process of Conflict Resolution in Protecting the Environment. – Bangkok: Winyuchon, 2000. P. 88-94. (Text in Thai)
(20) Article 8 of the Order.