Planned changes are a slap in the face
By Sanitsuda Eakachai :September 27, 2001 Bangkok Post
The draft amendment of the Mineral Resources Act
infringes upon people's legal rights. It is a gross
violation of the 1997 constitution. And its serious
impact on the environment is far-reaching. Yet it is
set to become law with little questioning from our MPs
and senators.
What's going on here?
The existing bill grants total ownership over all
mineral resources across the country to the
Bangkok-based Mineral Resources Department. It allows
mining in pristine forests. And it has no provision to
punish mining companies which destroy the environment
and slowly kill local residents.
That's bad enough. But the new bill, which is set for
a final reading in the Senate tomorrow, is all of the
above and worse.
Why? Because the present law limits a mining
concession to 300 rai. The new law would expand
concession areas to 10,000 rai for underground mining
and up to 50,000 rai for undersea mining.
The new law also would allow mining companies to
bypass citizens' rights over property. We cannot say
no to any mining project under our land-nor demand
compensation-if the mine is 50m below the land
surface. And should there be any damage, we would bear
the burden of proof.
True, we needed to improve the Mineral Resources Act
to strike a balance between the public and business
interests. And to better equip state regulators to
protect the environment and local residents. But the
Mineral Resources Department has done none of that; it
has just helped mining operations exploit the
environment more easily.
Interestingly, our legislators have remained largely
silent despite the draft amendment's many legal flaws.
For example, landowners under the property law have
the final say over land use both under and over their
plot. The environment law places the burden of proof
on the alleged polluters. And the constitution clearly
states that new laws cannot be in breach of existing
legislation and citizens' rights.
Yet the amendments would strip us of our rights by
denying us any say over activities 50m below the land
surface. And we must shoulder the burden of proof. And
they do not rule out underground mining in forests.
Our people's charter didn't appear out of thin air. It
was the result of long-simmering popular discontent
with money politics and bureaucratic dictatorship,
which are major causes of natural resources conflicts
between locals and state-backed big business.
The constitution incorporates checks and balances to
defuse conflicts. These include a community's right to
know and have a say in any project that may affect
them. And public hearings are needed for big projects
with the potential to harm the environment.
The draft amendment of the Mineral Resources Act,
given its far-reaching consequences, must meet all
those requirements. But it does not. It does not allow
affected communities a say in the draft amendment. Nor
is there the provision for public hearings.
Villagers from Udon Thani have expressed the fear that
the potash mines which will benefit directly from this
new law will destroy their rivers and their
ricefields. But their voices have gone unheard.
Most legislators play deaf because they believe
Thailand needs the export earnings underground mining
provides.
But they forget that their duty is not to decide which
projects are profitable but to ensure that all
legislation follows the new rules of the game set by
the constitution and our new political regime.
If our MPs and senators can pass just any law that
violates the constitution without being held
accountable, what hope have we for political reform?
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