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who form a community have the right to take part in the management,
conservation and exploitation of natural resources and the environment.
They have the right to express their views and opinions on the
implementation of a project or activity that might seriously impact
on the environment and natural resources in the locality or on the
health of people living in the community so that the people can
live in a healthy environment and enjoy a good quality of life. The
Constitution also guaranteed the right of the people to file a lawsuit
against a public agency if it did not comply with these provisions.
3. Despite the centrality of people in the development process
spelled out in the national development plan and the constitutional
guarantee of the rights of the people to take part in the management
of natural resources and the environment that might affect their
community, Thailand is faced with increasingly serious problems
arising from an imbalanced and inequitable development that have
impinged on various rights recognized in the International Covenant
on Economic, Social and Cultural Rights (ICESCR). The high priority
given to economic growth and industrial development, especially
investment in natural resources-based industries, has cast negative
impacts on the way of life of the people who rely on local resources for
their living. Many industries have caused environmental problems
that affect the fundamental rights of the people, including the right
to an adequate standard of living and the right to the enjoyment of
highest attainable standard of health as stipulated in Articles 11 and