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PUBLIC PARTICIPATION IN THE THAI CONSTITUTION

Thai legal concept of the right of the public to participate in environmental protection is within the international mainstream, to encourage states and governments to ensure that all interested groups are admitted to the process of making environmentally significant decisions. The tenth principle of the Rio Declaration on Environment and Development states as follows:

“Environmental issues are best handled with the participation of all concerned citizens, at the relevant level. At the national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities, including information on hazardous materials and activities in their communities, and the opportunity to participate in decision-making processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided.(3)

The Rio Declaration formulates three cornerstones of public participation in environmental issues: the right to receive information, and a corresponding duty of the State to disseminate it actively; the right to participate in decision-making processes, and a corresponding duty of the State to facilitate and encourage it; and the right to judicial and administrative protection either in the form of a remedy or redress.

Part  3


(3) http://www.greenpeace.org/~intlaw/rio1.html


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