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A Side Event at the PrepCom II, New York 31 January 2002

The Access Initiative Thailand Pilot-Test by Dr. Somrudee Nicro Director of Urbanization and Environment Program Thailand Environment Institute (TEI). A Side Event at the PrepCom II, New York 31 January 2002. World Map/ Thailand Location. Thailand.

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A Side Event at the PrepCom II, New York 31 January 2002

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  1. The Access InitiativeThailand Pilot-TestbyDr. Somrudee NicroDirector of Urbanization and Environment Program Thailand Environment Institute (TEI) A Side Event at the PrepCom II, New York 31 January 2002

  2. World Map/ Thailand Location Thailand Source: National Geographic Atlas of the World Seventh Edition.1999.

  3. Thailand Area 514,001 sq km Population61,818,000 Capital Bangkok (6,547,000) Literacy94% ReligionBuddhist, Muslim, Christian LanguageThai, English, regional dialects Economy Ind: tourism, textiles and garments, agricultural processing, beverages, tobacco, cement, light manufacturing. Agr: rice, cassava, rubber, corn, sugarcane. Exp: manufactures, agricultural products and fisheries. Source: National Geographic Atlas of the World Seventh Edition.1999.

  4. Thailand’s Researcher Team • Dr. Somrudee Nicro Thailand Environment Institute (TEI) • Prof. Vanchai Vatanasapt Center of Peace for Democratic Development, KPI • Dr. Thawilwadee Bureekul King Prajadhipok’s Institute (KPI) • Dr. Chatchom Akapin Office of the Attorney General • Ms. Rewadee Presertcharoensukh NGO-Coordinationg Committee On Development (NGO-COD) • Ms. Sophia Buranakul Independent Expert • Mr. Nathan Badenoch • World Resources Institute (WRI)

  5. National Review Committee • Secretary General, Thailand’s Council of State • Deputy Permanent Secretary, Ministry of Science, Technology & Environment (MOSTE) • President, Federation of Thai Industry • Secretary-General, Association for Civil Liberty • Director, Safety and Environment Division, PTT Public Co. • President, Good Governance for Social Development and the Environment Institute • President, Thailand Environment Institute (TEI) • Reporter and advisor to Association of Environmental Journalists

  6. Progress in the Implementation of the 3 Pillars Access to Information • Several laws are in place to support peoples’ access to info. • Except “People’s Right to Know” • In practice, laws are not always enforced. • Appeal process is lengthy.

  7. Access to Participation • The Environmental Act, 1992 and the Constitution, 1997 grant people’s right to participate . • An organic law, ie Public Participation Act, is being drafted. • In practice, public hearing is often held after environmental conflict already surfaces, and NOTbefore the decision is made. Public participation is allowed too late in the process. • ‘Public’ is not clearly defined, resulting in disputes.

  8. Access to Justice Institutional Support for Access to Justice • Thai Constitution 1997 • Its resultant independent bodies (Administrative Court, National Counter Corruption Commission, and Election Commission) • Existing pro-bono legal assistance

  9. Access to Justice • During 2001, no fewer than 5 persons were killed due to environmental conflict and the cases remain unresolved. • People are not informed of their access to justice, ie they are not aware of their rights and do not understand the judicial process, etc. • Laws alone are not sufficient to guarantee justice.

  10. Access to Information 1. Information re. emergency, 2 case studies: • The expose of Cobalt 60 • The turnover of a truck loaded w/ hazardous chemical (acrilonitrile) on an express way in Bangkok 2. Quality of Air and Drinking Water 3. State of the Environment Reports (SoER) 4. Facilities’ Environmental Information

  11. Access to InformationFindings 1. On Emergency • There is a national committee on emergency policies but no emergency task force • Many offices are involved w/ overlapping authorities • No office is designated the duty to give information to the public

  12. Access to InformationFindings (cont.) 2. On Quality of Air and Drinking Water • Information-giving system of air quality info is in place (PCD website). • Info about drinking water (tap water and bottled water) is unequally provided, depending on the organization in charge and the person/institution requesting the info. • FDA does provide info when requested but not in full.

  13. Access to InformationFindings (cont.) 3. On State of Environment Reports (SoER) • Thailand’s SoE report is produced annually (occasionally biannually), as required by the Environmental Act, 1992 • High quality: P-S-I-R analysis, various forms of presentation (graphs, diagrams, pictures, etc.), richness of environmental information (13 sectors) • Yet, no modeling, no scenarios, little policy-oriented • SoERs distributed free of charge in form of publications and website

  14. Access to InformationFindings (cont.) 4. On Facilities • Access varies. Large facilities w/ good environmental performance are more open than small facilities w/ poor environmental performance who also often fail to keep record of their info/data.

  15. Access to InformationFindings (cont.) 4. On Facilities, cont. • Industries are required by law to report their pollutants to Dept. of Industrial Work. In practice, not all industries do so. And when they do, the info may not be accurate. • Industries are not required to inform the public of their pollutants, no PRTR system.

  16. Messages • The Access Initiative (TAI) is a monitoring tool that can help any stakeholder measure their access to information, decision-making and justice. • Regularindependent monitoring would help keep access performance in check. • National civil society organization can perform independent monitoring of national access performance

  17. Capacity Building • Capacity of local governments should be enhanced in the areas of environment, legal procedure, and meaningful public participation, so that they can work with other organizations and local communities to achieve sustainable development. • Capacity building for civil society would enable them to undertake independent monitoring of public participation in environmental decision-making. • Capacity building for decision makers and officials would help assure meaningful public participation and access principles.

  18. External Force • Regional and international lending agencies should develop directives that require participation of people who will be impacted by development activities which are to be supported by their loans BEFORE the decisions are made. • Mechanisms to monitor the above would help assure the proper implementation of these directives.

  19. Conclusion Strengthen Local Government & Civil Society Capacity Building for Decision makers & Officials Access to Participation SUSTAINABLE DEVELOPMENT Alternative Mechanisms Decentralization Access to Info. Access to Justice Well Informed and Capable Public Comprehensive Legal System Independent Monitoring -- The Access Initiative

  20. Dissemination Conference • Held on December 25, 2001 in Bangkok. • More than 200 participants from various organizations • 11 Reporters attended. Researchers’ Presentation

  21. Participants from various sectors A breakout session on Access to Information

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