Protection
Laws for Thai Knowledge, Food and Customs Needed
10 June 2005 |
According
to a report submitted to the Foreign Ministry’s
International Economics Department, Thailand is
in need of new laws to safeguard its traditions,
knowledge and folklore from foreign exploitation.
Thai culture and respond to conservation, including
the protection of individuals and community rights,
should be reflected in the legal structure. One
high priority area would be food, as it is an
area very likely to be affected by a free-trade
agreement with the US. |
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Fifteen-Year
Battle for Community Forest Law
10
June 2005 |
The
15-year battle to push for the community forest
bill has made little progress, said Bangkok senator,
as he told a seminar in June this year. Factors
such as non-supportive government policies, poor
knowledge of the law as well as the lack of understanding
from conservationists have contributed to the
slow progress. A senate committee is currently
reconsidering changing the controversial point
in the bill where indigenous communities could
not be located in conserved forests. If the change
takes place, the bill might be passed into law,
said the senator. |
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Ready
in Six Months - Guidelines and Service Fees for Telecom Sector
10 June 2005 |
Speaking
at a public forum on the 2005-2007 telecom master
plan, a National Telecommunications Commission
(NTC) spokesperson said that competition guidelines
and service fees in the telecom industry are likely
to be ready within six months. The NTC also plans
to issue operating licenses to two telecom powerhouses,
TOT Corp and CAT Telecom, in July. To ensure fair
competition, the two telecom companies are seeking
for the conversion of concession contracts with
their private telecom concessionaires to fee-based
charges for state concession holders. |
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New
Legislation for Protecting Consumers from Defective Cars
4 June 2005 |
Defective
car buyers will have the right to ask for monetary
refund or a vehicle replacement under the new
law currently being drafted by the Ministry of
Industry. The new legislation is based on the
commonly known “California Lemon Law”,
where consumers are given legal rights to ask
for a refund or a car replacement if the vehicle
fails to be repaired after a reasonable number
of attempts. A recent incident where a Honda sports
utility vehicle owner smashed her car in protest
after the local distributor’s refusal to
replace her problem-ridden car has rattled consumer
confidence in locally-assembled vehicles, said
the Industry Minister. He said that with the new
law, car buyers would be protected and Thailand’s
image as a regional production hub of the automotive
industry would be restored. In the meantime, the
Minister has set up a committee to mediate disputes
on defective vehicles between car buyers and distributors,
while awaiting for the law to be put in place. |
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Amended
Criminal Procedures Gets Majority Vote
18 May 2005 |
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A
draft bill seeking amendments to the Criminal Procedures
Code to protect women who are witnesses or victims in
criminal cases has passed its first reading with a majority
vote. However, some concerns were raised about the provisions
in the bill which was passed by the House of Representatives.
A Democrat MP raised the issue of allowing closed-circuit
television or video conferencing in witness examinations,
arguing that the judge would not be able to tell if
a witness was dictated to or not. He also pointed out
that since female police officers were not available
in some provinces, having only female interrogators
to perform interviews on sexual assault victims was
impractical. The Justice Minister, however, defended
the bill, saying that female interrogators would be
provided by the Royal Thai Police Office to examine
female victims in such cases. |
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Industry
Ministry Calls for Amendment to Factory Act
18 May 2005 |
Senior
industrial officials are seeking to amend the 1969 Factory
Act which stipulates regulations for factory construction
and operation, expansion and safety. Under the current
Act, only the Department of Industrial Works is authorized
to carry out inspections. According to Ministry officials,
the changes sought would help to accelerate the licensing
process and reduce the workload of the Department. Compliance
with licensing laws could also be ensured if factory
and machinery inspections could be performed by private
inspectors. The Factory Act has been revised four times
to date - the most recent in 1992, where strict controls
on industrial pollution were brought into effect. |
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Ministry to Clamp Down on Begging Gangs
13 May 2005 |
The
Social Development and Human Security Ministry is proposing
a new law to stamp out begging in Thailand, and it is
planning a major crackdown on the begging gangs in 13
problem areas in Bangkok. Starting end of May in Bangkok,
the clampdown will target gang leaders, those who exploit
the disabled, elderly and children, as well as those
who use animals to beg. Thai beggars will be reunited
with their relatives and jobs would be provided for
them; they will also be closely monitored by the officials.
Non-Thai nationals will face deportation and would not
be allowed to return to Thailand. A Ministry spokesman
said that similar clampdowns would follow suit in other
provinces at a later date. |
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New
Law: More Empowerment for Premier
13 May 2005 |
The
new law proposed to replace martial law in the violence-stricken
South will provide a mandate for the Prime Minister
and his cabinet to declare emergency zones nationwide,
said the Deputy Prime Minister (DPM) at a meeting with
representatives from various government agencies. The
legislation would empower the cabinet to declare an
emergency zone in any area in the country. A civilian
committee would then be established to handle the situation
as well as to put forth measures which could be taken
by the government within that zone. Under the new law,
emergency situations will be classified as low level,
middle level and high level. He gave examples of the
emergency classification: low level for areas affected
by natural disasters; middle level for situations akin
to the situation in the deep South; and high level for
situations such as the tsunami disaster or large-scale
terrorist attacks. According to the DPM, the Prime Minister
could declare an emergency zone and seek the approval
from the cabinet later if the Prime Minister could not
convene with his cabinet in time. In the case whereby
cabinet approval is not granted in the allowed timeframe,
the declared zone would revert back to its original
status. He added that the law had been drafted as a
bill to be promulgated by the Parliament, but the government
might consider enacting the law as a decree. |
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DPM: Central
Law to be Written by Academics, Officials and the Military
10 May 2005 |
The
Deputy Prime Minister (DPM) has announced that a new
central law to deal with “uncommon situations”
within Thailand would be written by academics, government
and security officials as well as the military. Such
“uncommon situations” include the violence
in the South of Thailand, where martial law is being
carried out. This new law could also give security forces
legal rights to carry on certain security operations
in the southern Muslim-dominated provinces once martial
law is lifted. The DPM said that there is a need for
a central law which could be enforced anywhere within
the country when faced with a crisis or an emergency.
Its enforcement, however, would have to be endorsed
by the cabinet and during an emergency, the law could
only be applied for a limited timeframe by the respective
authority. The DPM also said that no one authority would
be given unlimited power and that the amount of “power”
to be exercised would be decided by the law. He added
that the new law would replace martial-law rule in the
South but it does not mean that the martial law system
would be abolished. |
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Workers
Call for Independent OSH Institute
9 May 2005 |
Workers
are renewing their calls for an independent occupational
safety and health institute to be set up and run by
occupational health experts. According to a spokesperson
for the group looking after employees with work-related
illnesses, many workers have been exposed to health
risks at their workplace but they have not received
any treatment from occupational health medical experts.
The spokesperson also claimed that the authorities have
failed to put up measures to prevent work-related accidents
in spite of the rapid expansion of industrial factories
in Thailand. During 2003-2004, more than 200,000 workers
had been injured in work-related accidents. In response,
a Labor Ministry Official said that a draft bill for
setting up the institute is being considered by the
parliament. |
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Cabinet
to Review Legislation for Fossil Protection
5 May 2005 |
A
draft bill for conserving fossils in Thailand will be
reviewed by the Cabinet in May. Among the issues included
in the bill are calls for jail terms of up to 10 years
or a one-million-baht fine for unlawful fossil exporters;
new zoning rules for fossil excavation; a ban on the
export and sale of fossils; and establishing a fossil-management
foundation financially independent from the government.
The draft, which will authorize the creation of a national
registration system and the setting-up of a research
center to study and exhibit fossils, will be tabled
by a screening committee led by the Deputy Prime Minister.
The draft will also allow officials to investigate unlawful
fossil digs as well as cases whereby prehistoric relics
are used for commercial gain. |
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Unsafe
Billboards: Operators Exploit Loopholes in Building Control Law
1 May 2005 |
A
Bangkok Metropolitan Administration (BMA) report found
that more than 100 large billboards on private property
around Bangkok did not pass safety inspections. According
to the report, the Bang Kapi district has the highest
number of sub-standard signboards, followed by the business
district of Bang Rak. Speaking at a talk on hazardous
billboards held by the Thai Society of Environmental
Journalists, the Bangkok Deputy Governor said that operators
made use of the legal loopholes present in the existing
building control law to erect these unsafe billboards.
He added that billboard operators should pay close attention
to public safety awareness and not solely focus on their
profits. Under the law, billboards less than 40 meters
in height are required to sustain a wind speed of 120
kg per square meter. However, according to the Meteorological
Department, the average wind speed in and around Bangkok
is 150-190 kg per square meter. |
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Ministry
to Curb Commercial Exploitation with Heritage Patents
1 May 2005 |
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The
Culture Ministry is seeking to amend an existing law
to counter commercial exploitation of heritage sites,
including temples, by hotels and resorts in Thailand.
A spokesperson from the Ministry said that changes to
prevent the exploitation of Buddhist art, architecture
and local wisdom would be proposed. The Ministry will
also recommend national heritage sites and apply for
patents to protect the intellectual property of Buddhist
art and architecture. |
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New
Committee to Tackle IPR Violations
28 April 2005 |
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A
new committee to crack down on Intellectual Property
Right (IPR) violations has been set up. Consisting of
individuals from 27 companies in industries such as
entertainment and software production, the Prevention
and Suppression of Intellectual Property Infringement
Committee promises to tackle IPR violations as well
as the production and distribution of counterfeit goods.
One of the main tasks of the committee is to create
policies and measures to further suppress IPR violations.
The committee will also assist the Police in keeping
a close watch on any officials or members of the police
force who could be abusing the Intellectual Property
Act. The IPR law is one of the key policies in the government’s
four-year national economic and social development plan.
The plan aims to encourage people to register their
ideas and inventions and to regard IPR protection more
seriously. |
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Democrats
Push for Constitutional Amendment
25 April 2005 |
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The
Democratic Party is seeking support from senators and
other political parties to push for a constitutional
amendment whereby political parties are prevented from
influencing the recruitment processes of influential
independent organizations. The Party claims that by
preventing political parties from participating in the
selection committees which nominate the candidates for
Constitution-based organizations, political interference
would be minimized. However, the government has objected
to the idea of a constitutional amendment, saying that
such an amendment was unnecessary. |
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