Page 83 - Rights beautiful : collection of Professor Saneh Chamarik

Rights Beautiful Collection of Professor Saneh Chamarik

The 1997 Thai Constitution, somehow, is more or less a reflection
of attempt to rectify such an untoward state of affairs. It is for this very
reason that the idea and practice of community rights is being put forward
and stipulated into law, again under both Chapters 3 and 5 on “Rights and
Liberties of the Thai People” and on “Directive Principles of Fundamental
State Policies respectively, as follow.

Section 46: Persons so assembling as to be a traditional
community shall have the right to conserve or restore their
customs, local knowledge, arts or good culture of their community
and of the nation and participate in the management, maintenance,
preservation and utilization of natural resources and the
environment in a balanced and sustainable fashion, as provided
by law.

Section 56: The right of a person to participate with the State and
communities in the preservation and utilization of natural
resources and biological diversity and in the protection, promotion
and preservation of the quality of the environment for normal and
consistent livelihood in the environment which is not hazardous
to his or her health or sanitary condition, welfare or quality of life,
shall be protected, as provided by law.

Any project or activity which may seriously affect the quality of
environment shall not be permitted, unless its impacts on the
quality of the environment have been studied and evaluated and
opinions of an independent organization, consisting of
representatives from private environmental organizations and
from higher education institutions providing studies in the
environment field, have been obtained prior to the operation of
such project or activity, as provided by law.

OFFICE OF THE NATIONAL HUMAN RIGHTS COMMISSION OF THAILAND 77