Statement of the National Human Rights Commission of Thailand
on the Consideration of the Minerals Act B.E. ….
to protect the community rights, to solve environmental problems
and to provide sustainable health

        According to the news reports on 10 May 2016 that the government will not renew the gold mining and by the end of 2016, there will be no gold mining both gold exploration and mining concession.
    
        The National Human Rights Commission of Thailand (NHRCT) has continuously monitored the progress on solving environmental and health problems caused by mining such as a lead mining at the Klity community in Kanchanaburi province. Although the court has ordered the Pollution Control Department to rehabilitate the Klity creek with the budget of 593 million baht from the fiscal years of 2016-2018, it takes more than 10 years after the closure of the mine. The cases of a zinc mine in Mae Sot, Tak province and a coal mine in Mae Moh, Lampang province, also require a long process of rehabilitation and compensation to those affected. The NHRCT has organized public hearings to make recommendations to the draft Minerals Act B.E. .... and found that the participatory mechanism, procedures, means, EIA assessment, supervision and inspection of conditions to protect the environment and way of life have some limitations both in terms of laws and practices of integrating the work of several agencies. In addition, the mechanisms to protect human rights of people in the area are inadequate.

        The NHRCT, as an organization mandated with the roles and responsibilities in promoting the respect of human rights and protecting the right to life and security of persons, would like to make recommendations as follows:

        1. The NHRCT commends the Prime Minister for his leadership to permit the Ministry of Industry to implement the relevant laws and regulations and to integrate the work of various government agencies in order to comply with the joint resolution of the 4 ministries:  (1) To terminate the special license on gold mineral exploration and concession as well as the application for renewal of a concession; (2) In the case of Akara Resources Limited (Public Company), the Company is allowed to renew the metallurgy license until the end of 2016 in order to utilize the remaining minerals and it must accelerate the mine closure and rehabilitation of the area; and (3) The relevant agencies must take care of the people and alleviate any problems that may occur after the termination of the Akara’s operation.

        2. The NHRCT calls upon all responsible agencies to take lessons on resources management, environment and health and take concrete action in accordance with Thailand’s vision 2015-2020 for the continuation of policy on development and reform. Security means the safety of people’s lives and properties without the use of violence. Prosperity means the improvement of quality of people’s lives, the linkages with global markets and the integrated national management. Sustainability is taking into consideration the appropriateness and effectiveness in all dimensions and solving problems in a timely manner.
    
        The NHRCT will continue to closely monitor the situation and really hopes that the government and all responsible agencies would consider thoroughly the Minerals Act B.E. …. which is now under the scrutiny of the National Legislative Assembly with a view to establishing a mechanism to prevent environmental impact as occurred in the past. This would bring about the people’s well-being and their good quality of life.

 The National Human Rights Commission of Thailand
13 May 2016   
 

13/05/2016