A/HRC/41/43/Add.1
pollution on human heath; (b) forced evictions of communities with no or inadequate
compensation; and (c) a lack of or inadequate public consultation with communities
affected by large-scale development projects.
18.
One concern that was consistently raised with the Working Group was the way in
which environmental impact assessments and environmental health impact assessments and
related public consultations were carried out by private consultants hired by the company
promoting a given project. While consultants carrying out such assessments had to be
selected from a list of 70 registered companies approved by the Office of National
Resources and Environmental Policy and Planning, there was a widespread perception that
they were inherently biased in favour of ensuring project approval. Several community
members shared with the Working Group instances of interested parties having been
prevented from participating in consultations and public hearings, adding to perceptions of
a biased process. The Government has informed the Working Group that the Enhancement
and Conservation of the National Environmental Quality Act (2018) has been amended and
came into effect on 18 July 2018 to strengthen the environmental assessment process.
19.
The Working Group also heard concerns about how the push to attract investment
could undermine effective impact assessments, including by providing for waivers and
introducing a system of fast-tracking project approvals. Reference was made to order No.
9/2016 (of 7 March 2016) of the National Council for Peace and Order, which aimed to
speed up the review process for certain public works projects by allowing State-owned
enterprises to seek Cabinet approval of projects before the completion of an environmental
impact assessment.
20.
In Songkhla province, the Working Group met with local authorities and community
members to learn more about concerns and protests against a project by the Electricity
Generating Authority of Thailand to build a coal-fired power plant. Community members
told the Working Group that the public hearing on the project in 2015 had been held under
strict security control and that a number of community members opposing the project were
barred from participating in the public hearing. Those opposing the project filed a
complaint with the National Human Rights Commission and staged several protests,
including a march in November 2017 to present a petition to the Prime Minister that
resulted in the arrest of 17 community members, and a protest in Bangkok. At that time, the
Office of the United Nations High Commissioner for Human Rights (OHCHR) for SouthEast Asia issued a statement calling upon the Government to drop charges against all those
arrested during a peaceful demonstration. 3 At the time of the Working Group’s visit, the 17
defendants still faced charges of having blocked traffic, marching on a public highway,
fighting with police and carrying out an illegal demonstration.
21.
In its statement at the end of its visit, the Working Group encouraged the
Government to drop the cases against the 17 community members (including 1 juvenile) as
a gesture of reconciliation with the affected communities. The Working Group was
informed that, on 30 January 2018, the Prime Minister had ordered that the construction of
the power plant be suspended, and on 20 February 2018, the Minister of Energy had signed
a memorandum of understanding according to which (a) the environmental health impact
assessments for the plant projects in Krabi and Songkhla would be withdrawn; (b) the
Ministry of Energy would conduct a strategic environmental assessment by independent
experts, agreed on by both sides, to consider the suitability of coal-fired power plants in
those areas; and (c) the Electricity Generating Authority would have to terminate the
project permanently if the strategic environmental assessment was not approved. The
Government has informed the Working Group that, on 27 December 2018, the Songkhla
provincial court acquitted 15 defendants, with the other 2 defendants ordered to pay a
penalty of B5,000 each for failing to acquire the proper permit required under the law on
public gatherings. The court ruled that, as the gathering did not involve any harmful
weapons or create any disturbance, it was protected under the Constitution.
22.
The Working Group notes that the strategic environmental assessment mechanism is
a way to improve impact assessments, ensuring that they are conducted independently and
3
See https://bangkok.ohchr.org/news/press/Thailand%20Coal.aspx.
7
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