Proposal to set up environment court

Bantoon Setthasiroj, from the NRC committee on natural resources and environment reform, said the plan to establish the “special court” was an attempt to speed up legal procedures, as this would allow judicial officials to work specifically on environmental trials.

He said an environmental court would also help tackle conflicts over resources and prevent the exploitation of natural resources by industrial groups and traders, which may tend to increase in the future.

“As businesses flourish in Thailand after the AEC [Asean Economic Community], the need for resources will see a sharp increase. Hence it is important that there are environmental courts in place to deal with any escalation in the number of conflicts over natural resources,” he said. 

The idea has already drawn criticism from some groups.

The secretary-general of the Environmental Litigation and Advocacy for the Wants (EnLAW) Foundation, Surachai Trongngam, disagreed with the idea of an environmental court. He said setting up an environmental forensic-science retrieval system – a branch of forensic science encompassing the recovery and investigation of material found in the environment – would be enough to improve Thailand’s judicial system.

“This system is yet to be implemented in the trial process. It could help track evidence such as toxic contamination, which affects many groups of people,” Surachai said.

Amnat Wongbandit, who teaches environmental law at Thammasat University, said amending legislation on “law of evidence” – a part of the trial procedure that usually takes a long period for gathering evidence – was a better alternative than setting up an environmental court in a bid to speed up litigation cases.

“It would be in vain if we still undergo the plan to launch an environmental law with the trial procedure still under ‘law of evidence’,” he said, “Thailand’s judicial system would remain slow.”

However, he was also optimistic about the benefits of setting up an environmental court. He said it would increase the number of educational institutions offering courses in environmental law.

At present, Thammasat is the only university that provides an environmental-law course in Thailand.

Stop Global Warming Association president Srisuwan Janya welcomed the NRC’s idea, but suggested that the “inquisitorial system ” – a part of the court that is involved in investigating the facts of the case – should be included in the trial procedure. He said this would help the poor, and communities would have more opportunities in a court battle with private firms such as disputes over waste landfills, which mostly involve companies and communities.

He added that the trial procedure should be completed within six months.