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2009. The government had also failed to fulfill its obligation to facilitate

people’s access and enjoyment of their rights in practice. The fact that

no guidelines had been developed to guarantee meaningful participation

of the people in the implementation of a project or activities that

might have negative impacts on the local community in accordance

with Section 67 paragraph 2 of the 2007 Constitution can be regarded

as an omission of act which prevented the people from exercising

their right to take part in the conduct of public affairs. In case where a

consultation with the local community was held, the authorities did not

provide the people with technical information such as the impacts of

the use of chemical substances in the manufacturing process and the

contamination of hazardous wastes on the environment as well as

related legal issues to ensure that they had adequate knowledge and

understanding to have an effective participation in such consultation.

12. After making an inquiry into the case, the NHRCT submitted a

recommendation to the government to amend the announcement

of the Ministry of Natural Resources and the Environment to include

all the types of project or development activities required to comply

with Section 67 paragraph 2 of the Constitution as proposed by the

Four-party Committee and that the types of project should be

reviewed every two years. It also recommended that a study be

conducted on the carrying capacity of the Map Ta Phut area in

every aspect and that new industrial undertakings that might create

pollution be suspended in the meantime. On the protection side, the