Press Release
NHRCT Stated that the Draft of Constitution Must Bring Back the Community Right and Other People’s Rights

               According to the dissemination of the draft of the Constitution of the Kingdom of Thailand to public and the opening for opinions by the Constitution Drafting Commission,

              Mrs. Tuenjai Deetes, NHRCT Commissioner, as the Chairperson of Sub-Commission on Community and Natural Resources Base, said that the Sub-Commission had a meeting to consider the draft of constitution on the issue of community, natural resources and environmental rights. A significant recommendation from the meeting can be concluded that the principle of Section 4 of the Constitution of the Kingdom of Thailand (interim) B.E. 2557 should replace Section 4 in the draft of the constitution which will be the declaration of the intention of Thailand in the protection of human dignity, rights, liberties and equality together with the acknowledgment of the Principle of Human Rights according to international obligations. Furthermore, rights and liberties of Thai people on various issues should also be acknowledged in the constitution by referring to the Constitution of the Kingdom of Thailand B.E. 2540 and 2550 as the minimum standard together with setting them as the duty of the state. Also, the exercise of people’s rights and the performance of the state shall be harmonized in the same direction with the potentiality of receiving more recognition from people and the global community. 

              For the community right, the draft of constitution does not include provisions about community right relating to the right to participate in the management, maintenance and utilization of natural resources and environment, the stable and sustainable biodiversity and the right to receive preservation and promotion for the community to be in the good environment and assign them to be the duty of state. The Sub-Commission deemed that the community right should be confirmed to be prescribed in the chapter of rights and liberties of Thai people as the same by referring to the Constitution of the Kingdom of Thailand B.E. 2540 and 2550 as the minimum standard.  

              Because the scope of community right overlaps another rights, it is necessary that the draft of constitution must guarantee rights and liberties that are related to the community right, e.g. right to access to related information of public sector, right to receive information and explanation before the approval of any project or activity which might affect the quality of environment, hygiene, life quality, or other interests of the community, the participation in the making process of social, economic, political and cultural development plan and right to participate in the decision making of the government etc., in order that the community right will be completed.

               Finally, on the reform issues, i.e. economy, society, natural resources and environment, and the reconciliation, etc. which are major objectives of the government and the expectation of all sectors, the Sub-Commission recommended that a chapter for reforms should be prescribed in the constitution instead of prescribing them in the transitory provision in order to create a mechanism and a clear framework of reform for a real moving forward, Mrs. Deetes said.

 Sub-Commission on Community and Natural Resources Base
14th February 2016
 

14/02/2016