Page 172 - รัฐธรรมนูญกับบทเรียนของ กสม. : รวมบทความและบทสัมภาษณ์สุนี ไชยรส 1 ใน 11 กสม. และอดีต ส.ส.ร. 2540
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4) From new draft laws - The govern- 2. Sample cases of success after
ment would like to issue provision of highway making investigation report and setting
law to prohibit association. The Commission violation remedial measures and policy
proposed objection to the government because recommendation
such provision is violation of calm association.
Case of violation by private sector
After that the draft provision lost vote in the
such as Taken labor union leader back to work
National Assembly.
after laying them off.
5) From governmentûs projects or gov- Cases of violation by state agencies
ernment allows private sector
1) Cases of violation by deficiency of
Disallowing giant business
state officers due to wrong work system of
group to prolong hire contract to cultivate
state agency. The Thai NHRC will determine
enormous eucalyptus and palm land because
that the state agency has to compensate and
rental rate was very low and long term hiring.
not to push burden to the petitioner to bring
After that the land was returned to forest and
the case to the court by claiming that it is the
some areas were allocated for no land people.
deficiency of individual state officers. Now the
Withdrawal project that built Commission has collected similar cases and
roads that affect ecological system, community researched them in order to push them into
and virgin forest in national park areas without policy level such as government should
public hearing and environmental impact establish compensation fund for civil case which
assessment. is the result of the deficiency of state officers in
order to speed up remedy process. Examples
Project on establishment of
as follows:
collective disposal in Bangkok before sending
to other provinces to inter. Right of a consumer that bought
Payment of surrender value her house uprightly but the government officers
fairly. are deficient and sue the consumer in the court
to issue an legal order to demolish the house.
Sample cases that government
Finally the government and Bangkok Metropolitan
slows down projects but not permanently
Administration has to pay for 12.5 million baht
repeal
(the price of the house was 1.3 million baht) to
Exploding cascades at Mae
compensate the damage.
Khong River (Thailand part)
Orphan children were cheated
Building mega dam in some areas
by the government officers who have authority
Halting to prolong concession to retain their money.
permission to explode mountains due to
Female patient was wrongly
communityûs protest
accused by hospital personnel that she left her
Project on experiment of planted newborn baby and sent her to the police. After
GMO papaya openly that caused scatter. The the truth was disclosed, the hospital had to
Commission kept some samples from many issue the notice of apology and compensate
areas to test in laboratory and proposed objec- the damage.
tion towards this project.
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