THURSDAY, March 28, 2024
nationthailand

Mae Wong Dam Project a test for checks and balances 

Mae Wong Dam Project a test for checks and balances 

The Mae Wong Dam controversy is back in the headlines following the Administrative Court’s ruling late last month that Prime Minister Prayut Chan-o-cha and other parties concerned must adhere to Article 67 of the 2007 Constitution in dealing with the matter.

Paragraph 2 of Article 67 has long been a mantra for communities demanding that the state conduct thorough environmental and health impact assessments (EHIA) for projects with potential severe impacts. It requires the state to listen to the voices of affected citizens and heed views of the Independent Commission on Environment and Health before going ahead with the projects.
Although conservationists have argued that the article is far from perfect, since it has no power to halt harmful projects completely, it remains the sole tool for communities to wield in bargaining for better management of their environment.
As such the recent court ruling was a boon to communities that oppose a Mae Wong Dam. More importantly, it is solid proof that the country still has a functioning system of checks and balances to relieve public concerns over potentially harmful projects, even at a time when absolute power under the interim charter’s Article 44 is available to the government.
The Mae Wong project arrived back on the agenda a few months ago after Agricultural and Cooperatives Minister General Chatchai Sarikulya mulled whether Article 44 could be used to push it through.
The idea emerged after his visit in September to the Bhumibol Dam in Tak province as part of drought-relief inspections.
But the Mae Wong Dam involves too many complex factors to be implemented by diktat alone.
The Bt15-billion project has been on and off the table for nearly 30 years since it was first proposed in the early 1990s by the Irrigation Department, with strong opposition growing over time despite the state’s claims of wide benefits.
A recent addition to potential environmental impacts on Mae Wong National Park in Nakhon Sawan came with the discovery that endangered species including tigers had spread into the park from the neighbouring World Heritage preserve of Huai Kha Khaeng.
Furthermore, environmentalists challenged the state with strong evidence that the dam’s benefits would be limited since the water stored would only help relieve drought in local areas in the province and nearby.
Critically, the state itself has failed to justify its own claim for the need to build a barrier in the national park, as the dam would be located outside the country’s main water regulation system, the Chao Phraya basin and would not contribute to water management there.
With communities and conservationists remaining steadfast, state officials apparently attempted to resort to the all-powerful Article 44.
But in upholding the authority of Article 67, the court has reaffirmed a wider faith in the check-and-balance system.
Premier Prayut has repeatedly claimed he wishes the country to return to normal. As the country’s leader, he needs to back those words by refusing the temptation to wield Article 44 for this project and instead play by established rules.
It’s time that his government conducted a thorough EHIA for this controversial dam project, listened to the people’s voices, and made a clear-cut decision to end this saga if arguments prove the downsides outweigh the benefits.

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