Page 26 - รายงานการปฏิบัติตามกติการะหว่างประเทศว่าด้วยสิทธิทางเศรษฐกิจ สังคม และวัฒนธรรม

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of Section 67 paragraph 2, meaning that other 74 approved projects

could proceed with implementation.

10. The Map Ta Phut case shows that the Thai government has not

complied with its obligations to respect and protect the right of the

people to live in an environment not harmful to their health as well

as the right to take part in public affairs that impact on their well-

being. The government has not fulfilled its obligation to promote

people’s access to and enjoyment of these rights which are

recognized both in the ICESCR and the Thai Constitution of 2007. It

also reflects the government’s policy of attaching too much importance

to economic development without due regard to possible negative

impacts on the health and well-being of the people who is supposed

to be the major beneficiary of development as stated in the Declaration

on the Right to Development. The government’s approval of 76

development projects to be implemented in Map Ta Phut Industrial

Estate which could affect the way of life and health of the local

people without conducting an environment and health impact

assessment can be regarded as an act that violates human rights.

Moreover, after the court issued an order to suspend the

implementation of 76 projects in September 2009, the government

had made serious efforts to push for their implementation by having

the Ministry of Natural Resources and the Environment to review

the types of projects required to comply with Section 67 paragraph

2 of the Constitution proposed by the Four-party Committee. The