Page 26 - รายงานการประเมินสถานการณ์สิทธิมนุษยชนในประเทศไทย ประจำปี 2558

รายงานการประเมินสถานการณ์สิทธิมนุษยชนในประเทศไทย ปี ๒๕๕๘

Resources and Environment Ministerial Announcement, No.7 that allow all size of rubbish and trash-power plants
undertaking only the Code of Practice (CoP) with exemption for the Environmental Impact Assessment (EIA).

2.2 Mining: The Department of Primary Industries and Mines had announced the Policy on Survey and
Gold Mining Operation in twelve provinces that led to the resistance of people staying in target areas, as
there are plenty of problems and challenges so far from the implementing of mining policies and these all
are still in consistent with increasingly severe impacts. NHRCT has been receiving a number of complaints
grouped into 5 main concerns with allegations, as: (i) the lack or overlooking of people and communities’
participation in policy and decision making processes; (ii) the arbitrary permission made with concession
granted from public authorities; (iii) the impacts from existing operated mining; (iv) the rehabilitation
and remedial for those affected areas; and (v) the life threat and abusive acts caused from resistance of
mining. Moreover, some mining laws are also out of date and incompatible with current economic, social and
environmental contexts while there is none of preventive and dispute resettlement mechanism.

2.3 Natural Resources, Lands and Forests Management: A number of communities were
affected from the NCPO’s Orders No.64/2557and No. 66/2557 due to the exercise of government officers’
powers with eviction and demolition of properties and belongings of those dwelling and earning for life in
forest areas, while there was none of clear demarcation with propriety rights on such areas or even still be
with land disputes because of inconsistency and incoherence of government’s policies in each period of
time. NHRCT investigated such cases and recommended the Cabinet and Government to have more checking
and balancing of powers exercised and more accountabilities taken for the community rights entitlement
and safeguard, especially to make more rooms for people’s participation; to avoid impacts and damages
to those underprivileged, poor and landless whom residing or using such plots of lands before Orders
announced or came into force; and to conduct proper and due processes for evidences proof with dispute
resettlements.

2.4 Special Economic Zones Development: The Policy for Establishing Special Economic
Zones on Border Areas meandering Thailand’s Neighboring Countries in ASEAN, in accordance with the
Announcements of the Committee on Special Economic Zone Development Policies, No.1, dated 19 th
th
January 2015 and No.2 dated 24 April 2015, in ten areas, supplementing with an Order of NCPO’s Chair,
No.17/2558, entitled the Land Acquisition for Special Economic Zones Development with the exemption of
Ministerial Regulations on Land Exploitation with City Zoning Plan caused the large land confiscation to be
under public properties with severe impacts to countrywide communities. NHRCT investigated the using of
land and public resources under the investment plan with land confiscation and acquisition and remedial
provided and found that there were irregularities with incoherence of facts.

2.5 Right to Education: For the differentiation and opportunity with educational accessibility,
NHRCT found that all children and youth in Thailand increasingly accessing to educational
opportunities but there were some yet inaccessible to basic education. A number of students continuing
tertiary education were also decreased more than half of those enrolling in education system at
the beginning, while there was an increase of drop-out rate for those enrolling in basic education,
especially in-between the secondary and high educations. A number of those enrolling with completion in
vocational education were also reduced. And for the quality of basic education according to three
indicators, it addressed that on a side of educational achievement (O-NET PISA), the average mark was merely

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