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FOCUS: THAILAND
Thailand: At the cross roads of public policy conflicts.
Thailand is currently witnessing a dramatic rise in the incidence of public disputes.
Decades of top down decision making has resulted in many poorly planned development
projects that have left many people worse off. The resultant dispute is almost
impossible to solve while the government clings to its top-down approach. Public
disputes that have spanned over decades are continually ignored or the protesters
are placated with promises of public consultations or independent committees
until the inaction will once again frustrate them into protest.
“Since 1997, Thailand has had new constitution, which, is believed to be
the best constitution we have ever had. Apart from, having wide public participation
in the drafting process it also had many new features. One of the features of
the new constitution was the right for the public to obtain access to information
regarding a project and to hold a public hearing to afford the individual the
opportunity to participate in government decision making.
These provisions can be found in sections 58-62:
Section 58. A person shall have the right to get access to public information
in possession of a State agency, State enterprise or local government organization,
unless the disclosure of such information shall affect the security of the State,
public safety or interests of other persons which shall be protected as provided
by law.
Section 59. A person shall have the right to receive
information, explanation and reason from a State agency,
State enterprise or local government organization before
permission is given for the operation of any project
or activity which may affect the quality of the environment,
health and sanitary conditions, the quality of life or
any other material interest concerning him or her or
a local community and shall have the right to express
his or her opinions on such matters in accordance with
the public hearing procedure, as provided by law.
Section 60. A person shall have the right to participate
in the decision-making process of State officials in
the performance of administrative functions which affect
or may affect his or her rights and liberties, as provided
by law.
Section 61. A person shall have the right to present
a petition and to be informed of the result of its consideration
within the appropriate time, as provided by law.
Section 62. The right of a person to sue a State
agency, State enterprise, local government organization
or other State authority which is a juristic person to
be liable for an act or omission done by its Government
official, official or employee shall be protected, as
provided by law “
(Source http://www.krisdika.go.th/html/lawindex_e.htm).
In theory, with this new constitution, public policy conflicts in Thailand should
have been things of the past. However, in reality, the present government is
still facing many public policy conflicts such as the Thai-Malaysian Gas Pipeline,
the Hin Grud and Bor Nok Power plants.
Part of the problem comes from the interpretation of the word ‘public participation ’ especially
among bureaucrats and politicians who were used to the system of ‘decide,
announce and defend ’ when making decisions. Participation does not refer
simply to voting. Participatory processes must entail open dialogue and broad,
active civic engagement, and they require that individuals have a voice in the
decisions that affect them.
Processes (not just outcomes) are the key to this broader interpretation of participation.
The stress on processes is a natural outgrowth, not only of the increasing emphasis
on equity, but also of our greater recognition of agency problems. We now recognize
the great importance of potential discrepancies between the actions taken by
the party (the government, for example) and the interests that the party is supposed
to serve. A government that engages in secrecy, making it impossible for citizens
to have informed opinions about policies that are critical to their lives and
the well-being of their country, weakens accountability and the quality of decision-making.
With the present government having a large majority in the parliament and the
CEO style of the Prime Minister, Thailand is now at the crossroad in term of
public policy conflicts. Protests are increasing, while government mechanisms
tend to avoid using proper ‘public participation processes ’. Worst
still, the constitution is now due to be amended. So, now, should be time to
watch closely which way Thailand will turn in public policy decision making.
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