Generally speaking, public participation can take two basic forms:
the first one is through the direct participation of every individual
who is affected by the outcome of environmentally important decisions.
The disadvantage of this type of participation is that it depends on
the activity of private individuals. If this activity is low there may
be no public participation at all. If this activity is too high the
efficiency of administrative process is endangered.
The second type of public participation is through the mechanism of
local government which, in a way, filters and consolidates the claims
and the interests of all individuals in a particular locality. Such
type of participation can be effective only if: firstly, the autonomy
of a local government is guaranteed; secondly, there is a significant
degree of proximity and accountability of the local governors to those
people they represent; and thirdly, even though the most significant
issues are decided by State organs the participation of the local government
is ensured through clearly defined rights and duties of the participants.
The second type has advantages since it makes the administrative process
of deciding environmental issues much more orderly than it would be
in the case of granting the rights to every interested person. The first
type of the participation should still be maintained in case of default
by a local government to take significant part in the process.
The reality of Thai administrative process is that both types of participation
are asserted on the highest constitutional level, but they are not enforced
and specified in detail on the lower levels of the regulatory mechanism
of deciding environmental issues. The future will show what particular
type of public participation Thai legal system will uphold. Dr. Kobkun
Rayanakorn in her conversation with the author, indicated that the main
problem now is that the Thai public still does not have a clear vision
of what public participation is about. The perception of public participation
can vary: it can be presented as a mere political manipulation to the
identification of public hearing with a referendum, while in the Western
legal systems it is conceived as a procedural safeguard. In Thailand,
public hearing becomes a hot issue where different conflicting interests
meet each other. There is always a desire of those in high position
to retain for themselves as much power as possible, and if the local
communities must acquire a greater power to manage and protect their
environment, then it will only occur through the struggle for their
autonomy.
In this context, Thai folk wisdom can provide certain guidance for
public participation in environmental protection. Firstly, it contains
certain values which must be accepted as primary in deciding the complicated
issues of environmental protection. The values of harmony with nature
and the community, as well as mutual care and brotherly love can be
seen in many Thai folktales commented on in the book Thai Folktales
and Law (28). As said previously,
the main conflict in Thai politics is between the desire of economic
prosperity at the expense of the environment on the one hand, and the
folk culture of dependence on the clean environment. Therefore, Thai
folk wisdom favours conservation of the environment much more that the
economic goals of receiving as much profit as possible.
Secondly, apart from substantial values related to the protection of
the environment and the discouragement of greed, Thai folk wisdom contains
certain moral principles which can help lawyers when developing the
procedure of public participation. Firstly, public participation in
environmental protection is not only a right, but also a duty of every
individual. Therefore, the process of participation should be constructed
in such a way as to encourage people to fulfill their duty. Secondly,
taking into account the folk ideal of social solidarity, it appears
that Thai ethics requires public consensus in the decisions affecting
environment. That would affect and slow down many economic projects,
and therefore would not have much popularity with the government. If
the government is a democratic government which must adhere to the will
of common people, and not satisfy narrow and selfish interests of a
certain class, then it must choose either to be democratic and be with
common people or to be authoritarian and be with the rich and greedy
for profit.