Press Release
Opinions and Recommendations for the Draft of Minerals Act B.E. ….
And the Prescription of other related laws

          The Udonthani Environmental Conservation Group, representatives of people from Pichit, Phitsanulok, Saraburi, Petchabun provinces and the group of Civil Society for the Reform of Resources and Gold submits a complaint to the National Human Rights Commission of Thailand (NHRCT) and asked the NHRCT to examine the Draft of Minerals Act B.E. …. because the content of the Draft of Minerals Act which the Cabinet submitted to the National Legislative Assembly is not complied with the principle of human rights, community right and  right to participate in the management of natural resources and environment. The Cabinet is asked to consider the withdrawal of the draft of Minerals Act from the process of the National Legislative Assembly in order to gather opinions from people and all sectors. The NHRCT has also received over,48 issues of complaints about mining enterprise and mining concession in the past 10 years,

          The NHRCT has examined, studied, surveyed information about complaints and organizing forums for opinions and recommendations from related agencies, scholars, private organization and affected people including expert witnesses.  It can be found that the Draft of Minerals Act B.E. …. has some provisions affecting the community right to participate in the management of natural resources and environment according to Sections 66 and 67 of the Constitution of the Kingdom of Thailand B.E. 2550 and Section 4 of the Constitution of the Kingdom of Thailand (interim) B.E. 2557. For this, the draft of the Minerals Act B.E. … gives powers to the administrative section to prescribe the mineral policy and the master plan for mineral management but do not give opportunity for people to participate in mineral management. The prescription of criteria and condition for approving entrepreneurs to utilize mineral resources is still unclear and depends on the authority of related Ministers or Director-Generals. Even several drafts of provision prescribe the prohibition of utilization in the area of conserved forest and water source, but the exception is prescribed by the wide definition. So it is not a guarantee for the protection of environment, natural resources and people’s health. Besides, the draft Act shall have the consideration process for the approval which is slightly beneficial to private entrepreneurs and against the principle due to the Conflict of Interest. This might affect the community right and right to participate in the management of natural resources and environment, including environment, natural resources and people’s health.

          The NHRCT realize the significance of the promotion and protection of community rights so it deem appropriate to submit the recommendations to the Cabinet and the National Legislative Assembly as follows:

          1. The Draft of Minerals Act B.E. …. should be revised and amended together with recommendations for the revision of related laws, such as Enhancement and Conservation of the National Environmental Quality Act B.E. 2535 (1992)

          2. The acceleration for the legislation of the People’s Participation in the Process of Public Policy B.E. … and the laws on Pollutant Release and Transfer Registers (PRTR)

          All this, the Cabinet may firstly withdraw the draft of Minerals Act, B.E. .... which is under the consideration of the National Legislative Assembly in order to gather opinions from all sectors. If the National Legislative Assembly would like to continue the consideration, opinions and recommendations of NHRCT as stated in the report on policy recommendations and proposals for the revision of law should also be taken into the consideration. 

 Office of the National Human Rights Commission of Thailand
16th June 2016
 

16/06/2016