On the basis of these statutory provisions, the Ministry of Science, Technology and Environment issued a ministerial regulation No. 4 (2536B.E.) which states than NGOs applying for registration need to have a juristic person status. That provision has been criticized by Thai legal experts as discriminating against grass-root NGOs who are not juristic persons. Moreover, it appears that even registered NGOs have no secured place in the process of making environmentally significant decisions. The wording of the statute is more favorable for the conclusion that government assistance and support are discretional, and the only remedy in case of the lack of such support is an appeal to the National Environmental Board, who can then address the issue to the Prime Minister. It was noted above that the Board, because of its composition, is unlikely to meet urgent requests of the NGOs. The benefit of the granted registration would be only if the registered NGOs have a right to sue governmental and local officials for mal-administration. Apparently, NGOs do not have such a right in Thailand. The nature of any administrative process, at the same time, does not prevent any unregistered NGO’s to apply for any assistance, which lies within the discretionary power of governmental or local administrative bodies. Nevertheless, the acknowledgement of the role of NGOs in deciding environmental issues may facilitate their influence in protection of the environment in Thailand.

Part 14

(22) http://www.krisdika.go.th/law/text/lawpub/e11102540/text.htm