The Access Initiativ The Access Initiativee -Thailand Pilot Test -Thailand Pilot Test

by Dr. Somrudee Nicro Dr. Somrudee Nicro

Director of Urbanization and Environment Program

Thailand Environment Institute (TEI) A Side Event at the PrepCom II, New York

3 1 January 2 0 0 2

World Map/ Thailand L World Map/ Thailand Locationocation

ThailandThailand

Source : National Geographic Atlas of t he World Seventh Edition.1 9 9 9 .

ThailandThailand

Area 514,001 sq km Population 61,818,000 Capital Bangkok (6,547,000) Literacy 94%Religion Buddhist, Muslim, Christian Language Thai, 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.

Thailand’s Researcher TeamThailand’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)

National Review CommitteeNational 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

Progress in the Progress in the Implementation Implementation of the 3 Pillarsof 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.

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 NOT before the decision is made. Public participation is allowed too late in the process.

• ‘Public’ is not clearly defined, resulting in disputes.

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

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.

Access to Information1. 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

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

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.

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

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.

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.

Messages• The Access Initiative (TAI) is a monitoring tool

that can help any stakeholder measure their access to information, decision-making and justice.

• Regular independent monitoring would help keep access performance in check.

• National civil society organization can perform independent monitoring of national access performance

Capacity BuildingCapacity 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.

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.

ConclusionConclusion

SUSTAINABLEDEVELOPMENT

Access toInfo.

Access toJustice

Access toParticipation

Capacity Building forDecision makers & Officials

AlternativeMechanisms

Well Informed and Capable Public

Strengthen Local Government

& Civil Society

Comprehensive Legal System

Decentralization

Independent Monitoring -- The Access Initiative

Dissemination ConferenceDissemination Conference

• Held on December 25, 2001 in Bangkok.

• More than 200 participants from various organizations

• 11 Reporters attended.

Researchers’Presentation

A breakout session on Access to Information

Participants from various sectors