Page 21 - รายงานการปฏิบัติตามกติการะหว่างประเทศว่าด้วยสิทธิทางเศรษฐกิจ สังคม และวัฒนธรรม

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12 of the ICESCR. The fact that many development projects are

implemented without having regard to the views of the local

people is not in the spirit of the 1986 UN Declaration on the Right

to Development, which reaffirms that the people should have a

meaningful participation in development to ensure that they will

benefit from it and are enabled to access different rights recognized

in the ICESCR.

4. One major development project that has grave impacts on the

rights of the people is the Map Ta Phut Industrial Estate case. In

2007, the National Human Rights Commission of Thailand (NHRCT)

received a complaint from a network of people living in the area

near Map Ta Phut Estate stating that industrial plants in the Estate

had caused serious environment pollution which created health

problems for many people in the nearby area. The impact of the

pollution was first detected in 1994 and the problem continued

well into 2007 when a new constitution was enacted with provisions

guaranteeing the people’s right to take part in the management of

natural resources and the environment that might affect the well-

being of the people in the local community as mentioned in

paragraph 2 above.

5. Map Ta Phut Industrial Estate was established in 1988 in the

eastern province of Rayong in accordance with the government

policy to develop the country’s eastern coastal areas as outlined in