Green Courts and Environmental Protection in Thailand: Perspectives on the Map Ta Phut Case

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1 Green Courts and Environmental Protection in Thailand: Perspectives on the Map Ta Phut Case SRISUWAN JANYA (ทษ.บ., ศศ.บ., นบ., ศศ.ม., วท.ม., พปป.) President, Stop Global Warming Association Secretary, Napamit Foundation (Global Warming Acadamic Institute) Environmental Board, Lawyer Council of Thailand

2 Thailand Rayong Map Ta Phut Rayong

3 Rayong: the City with the Most Occupational Diseases in Thailand (2006) The industrial city of toxic chemicals High rate of health insurance registration (409,909 residents) The largest number of patients having occupational disease The second-largest number of patients having pesticide toxicosis/ exogenic

4 Various Environmental Issues in Map Ta Phut

5 Community Residents and Workers: the Victims of Severe Pollution

6 Failed Ambitious Governmental Policies on the Environment

7 Background of Map Ta Phut Case Legal and Administrative Regulation-Based Knowledge Lack of Law Enforcement No Local Residents Participation on Social- Economic Development Plan Inconsistent Concern of the Industrial Companies for their Society, Environment, and Villagers Health Insincere Sympathy for the Local Residents encountering the Problems 2007 Constitutional Law Article 66. Community Right Article 67. Permits of Violated Project 2007 Right to Receive Public Health and Welfare Services from the State (Article 11.) 1997 Right to Information and Complaints (Article 9.) 2005 Governmental Administrative Practice on Liberty of Expression of Individuals and Media 2003 Royal Decree on Administrative Rule and Procedure for the Social Order of the State Governmental Administrative Practice on the Promulgation of Effective Administrative System s for the State and Society

8 Residents fighting for their own rights for the Sake of their Health and Environment 1 October 2007: Rayong Administrative Court Filing by 27 Local Residents 3 March 2009: Proclamation of Toxicity Controlled Area Regulated within 60 Days 1 May 2009: Gazette Proclamation of Toxicity Controlled Area by Prime Minister Abhisit Vejjajiva Action Plan of Toxicity Elimination proposed within 120 days by the Local Residents and Health Effected Villagers Filing the Case to Appeal Court by Governmental Officers against the Eastern People s Network on their Functional Responsibility of the Industrial Plants investigation, the dismissal requested to the Court

9 Toxicity Controlled Areas: Map Ta Phut - Ban Chang

10 Community Right : the Spirit of the 2009 Constitution Article 67, Paragraph 2 Any project or activity which may seriously affect the community in the quality of environment, natural resource, and health shall not be permitted, unless its impact on the quality of environment and people s health in the community have been studied and evaluated and the public hearing process to obtain the opinion of people and interested parties has been held, including to allow independent organization, consisting of representatives from private environmental and health organizations and representatives from higher education institutions providing education in environmental, natural resource or health to express their contributory opinions prior to the operation of such a project or activity.

11 2007 Constitution Implemented on 24 August harmful Industrial projects of petrochemicals, metals, and electric power plants, passed the EIA Article 67 Paragraph 3: The right of a community to Sue a state agency, state enterprise, local government organizations or other state authority which has a legal entity to require the performance under those duties as provided by this provision shall be protected 9 June 2009: The Map Ta Phut case filed to the Central Administrative Court 29 September 2009: Temporary Restraining Order on 76 projects

12 The Attempts of Eastern People s Network for the Best Solution of Pollution Controls: Filing Map Ta Phut Case to the Administrative Courts

13 Main Issues of the TRO 76 industrial projects on Map Ta Phut temporarily suspended until the court reaches a decision Except 1) The project which has a permit before the implementation of the 2007 constitution (24 August 2007) 2) Projects not required to get the EIA according to the guidelines of the Ministry of Resources signed on 16 June 2009 Excluding the legal proceedings of Article 67 Paragraph 2 of the 2007 Constitution

14 Follow-Up Attempts of Eastern People s Network to Bring Legal Proceedings against the Private Sector Violating the Court s Environmental Order in Map Ta Phut Industrial Estate