Revoke Article 44, say NGOs

A MASSIVE coalition of 60 civil society groups have urged the government to refrain from exercising special powers under Article 44 of the interim charter, which recently allowed major development projects to bypass proper Environme-ntal Impact Assessments (EIAs).

At yesterday’s panel discussion on the issue, non-government organisations (NGOs) also warned that conflicts with affected communities could result in violence.

Organised by the Thai Society of Environmental Journalists and 60 civil society organisations, the panel said the National Council for Peace and Order’s (NCPO) order No 9/2559 permits government agencies to initiate bidding processes involving major development projects before crucial EIA studies were completed.

The order was issued under Article 44 with the rationale that EIA studies should be conducted parallel to the bidding process to fast-track implementation.

Saranarath Kanjanavanich, Green World Foundation chairwoman, told the forum that the order should be revoked because it allows the government to proceed with projects without people’s consent. This will lead to conflicts with communities where the projects are located and violence between citizens and the state in the future, she said.

“We should revoke Article 44 as this law gives the NCPO power to issue many orders, which diminish the people’s rights, such as order Nos 3, 4 and 9/2559,” Saranarath said.

She said that people are facing severe pressure due to the NCPO’s special power. This year alone the junta has issued three orders that the environmentalists warned severely violated people rights, including orders 3 and 4/2559 which allow certain types of industry to be located in areas regardless of city planning laws.

 

‘Promise not kept’

Pairoj Polphet from the Union for Civil Liberty said the government had not exercised its powers under Article 44 to reform the country and ensure peace and order, as had been originally promised.

He said the latest order, No 9/2559, did not meet those guidelines either. Pairoj added that there were no checks and balances because Article 44 powers could not be legally challenged.

Saranarath said the government usually used the phrase “sustainable development”, but it was just rhetoric because the government did not genuinely promote the ideology, which requires public participation and a democratic atmosphere.

“Sustainable development is a process in which a comprehensive EIA study, public hearings and precautionary principles should be adhered to, but the government ignored all of these by exercising the absolute power of Article 44,” she said.

Earlier on Wednesday, Prime Minister Prayut Chan-o-cha said Article 44 made the EIA process faster because the government had already embarked on mega-projects worth a combined Bt2 trillion.

He said legal obstacles and the opposition of NGO’s meant the government must exercise Article 44 powers. “I have to invoke Article 44 for peace and stability as well as against people who do not respect the law,” he said.

Ecological Recovery Foundation president Veerawat Theeraprasart said even though Order 9/2559 does not abolish the EIA process, by inviting companies to bid for projects before an EIA is completed there would be a bias to approve the projects. “I am certain that this order will intensify conflicts around the country in the future,” Veerawat added.

Seub Nakhasathien Foundation secretary-general Sasin Chalermlarp said the fact that 60 civil society organisations joined together to oppose the order constituted a momentous event, and the government should listen to the voices of affected people.

“Even under the government restriction on political gatherings, groups across the country still campaign against the unjust development and policies, and we still insist that we will carry on our campaigns,” Sasin said.

Bantoon Sethsirote, a former charter drafter, said NCPO order No 9/2559 would also be in conflict with Article 54 of the current charter draft which states that there must be environmental and health impact studies for development projects and that people must be allowed to participate the approval process.

Meanwhile, Thammasat Univer-sity will today host another seminar on community rights and environmental impacts from major development projects that might bypass city planning laws as permitted by NCPO orders 3 and 4/2559.