Page 33 - รายงานผลการประเมินสถานการณ์ด้านสิทธิมนุษยชนของประเทศไทย ปี 2559

COMMUNITY RIGHTS, NATURAL RESOUCES AND SURROUNDINGS:
In 2016, the Government makes its efforts for operating all projects and activities developing

the country, but some of them are reported with the lack of proper participation from stakeholders,
lack of information provided and understandings on community contexts including lack of awareness on
emerged impacts which leading to conflicts among government agencies, people and communities on
the ground with creating of more social disparities. There are some provocative incidents with human
rights violations as:

• On the energy management, as the Government has propagated, with building-up of energy security,
to set up coal-power plants in some provinces, as: Krabi, Songkla (Thepa sub-district), Ang Thong and Chaiyapoom.
These contentious cases cause broad concerns to potential and possible impacts among people in communities

with inaccessible to information and proper participations. There are some resistances incurred on the ground;
• On the mining management, the Cabinet adopted a resolution with termination of mining operations
countrywide from the date of 31st December 2016 and has amended the Mining Act, B.E. 2510, and the NHRCT then
has proposed to revoke the draft Mining Act, B.E. …. and urged the Government to delicately consider such Act;
• On the matters of natural resources, lands and forests management, in reference to the NCPO’s Orders

No. 64/2557 and No. 66/2557, the NHRCT opines that the Government has implemented all development policies
without any full efforts made to promote and protect rights of people and communities, meanwhile the operations
undertaken in accordance with other policies are also inconsistent, including with national agendas and policies;

• On the gist of development of special economic zones, they make at least 2 impacts to people and
communities as: the NCPO’s Order No.3/2559 and No.4/2559 with infringement to rights and participation of people,
including their rights to life and to living in sound environment. The laws on city zone and planning and on controlling
of building are contented with processes to protect rights and participation of people, including their rights to life
and to living in sound environment, but once these are exempted in special economic zones, all people residing

within or nearby would be affected.

The NHRCT finds that all projects and activities, including those pertaining to energy management,

mining, natural resources, lands and forests, and special economic zones, are not in line with principles
of people participation, starting from accessibility to information; rooms for participation; and remedial
preparation and redress for individuals and communities affected. The Government and relevant authorities
therefore shall avoid, prevent and provide effective remedy for all problems incurred with respect to
rights of people and communities particularly those within or nearby the project or activity areas.

4. GROUPS WITH MARGINALIZATION AND VULNERABILITY

The NHRCT assesses situations of eight groups with the most marginalization and vulnerability, covering
the ethnic and tribal groups, indigenous peoples and stateless and nationality-less persons; groups of persons
with disabilities; groups of children and youth; groups of human rights defenders; sexual orientation and
gender identity; groups of the older persons; groups of migrant workers and their families; and groups of
women. Their rights would be protected and guaranteed by various international human rights treaties,

provisions in the Constitution, other relevant international standards, including pledges and acceptances

รายงานผลการประเมินสถานการณ์ 32 ด้านสิทธิมนุษยชนของประเทศไทย ปี ๒๕๕๙