A grassroots network has lashed out at the use of special powers to "fast track" mandatory environmental impact assessments (EIA) for megaprojects.
A network of 46 civic groups, including Sueb Nakhasathien Foundation (SNF) and the Stop Global Warming Association (SGWA), issued a statement Wednesday, calling on the government to scrap an order issued on Monday by Prime Minister Prayut Chan-o-cha, in his capacity as the National Council for Peace and Order (NCPO) chief.
Order No.9/2559 to amend a law on environmental conservation will destroy basic human rights on environmental protection and preservation, they say.
The order was not in line with United Nations Sustainable Development Goals (SDGs) and the country's 12th National Economic and Social Development Plan that promotes a balance between society, the economy and the environment.
By law, an environmental impact assessment or environment and health impact assessment (EHIA) are required for all state-owned projects. But under the order, there is no guarantee that this requirement will not be interfered with. The order has destroyed the study's reliability which could stoke conflicts in communities, the statement said.
The network said the order could create problems for society. They also demanded the government reform a procedure on environmental and health impact studies for transparency and to improve the environmental promotion law.
The amendment order issued on Monday is intended to fast-track the government's public utilities construction projects, which will in turn help support economic and social reforms. The order stipulates that a paragraph be added to Section 47 of the 1992 Enhancement and Conservation of the National Environmental Quality Act.
The paragraph says that if state projects involving transport, irrigation, disaster prevention, hospitals and housing are still awaiting results of environmental impact assessments but are in urgent need of implementation, state agencies or state enterprises overseeing these projects may seek cabinet approval to seek private contractors to undertake these projects pending the EIA results.
However, the order says state agencies cannot sign agreements or give contractors any rights pending the EIA results. Sasin Chalermlarp, SNF's president, said the government should review the order as investors may go ahead with projects, paying no heed to an EIA or EHIA approval.
Srisuwan Janya, SGWA's president, threatened to file a complaint with the Central Administrative Court or the Constitution Court if the NCPO does not agree to revoke the order. Somnuek Jongmeewasin, an independent researcher and environmental activist said the order undermines the purpose of an EIA/EHIA. "It's now no more than a piece of paper which authorities feel they must obtain to push a project through," he said, explaining that in signing a prior contract with private sector companies, state agencies would rush through the process, leading to an incomplete or deficient assessment.
To comply with the strict time frame, budget outline and terms of reference agreed with the contractor, state actors may end up leaving out some health and environmental safeguards from their plans and designs, he said, adding consultants will do the minimum required of them.
Kasetsart University economics lecturer Decharut Sukkumnoed argued the EIA is an important process during which many adjustments are made, and that it is unwise to pick a company to handle a project before plans are finalised.
The prime minister's order not only fast-tracks such projects, but also denies the people their right to manage natural resources, said EnLaw Foundation coordinator Supaporn Malailoy, saying the EIA is a channel for people to question projects handled by the state and investors and to protect themselves from any harmful consequences.
Kesemsun Chinavaso, Natural Resources and Environment permanent secretary, noted the process of bidding and financing, which usually requires at least one or two years, will be "fast-tracked" without having to wait for an EIA/EHIA result, adding an EIA or EHIA for some projects can take up to eight years.
Transport Minister Arkhom Termpittayapaisith on Wednesday welcomed the order, saying it will "unlock" several projects stalled by EIA/EHIAs. A bidding process can now proceed alongside the study, although no legally binding contract can be signed during the procedure.
The ministry's projects, pending EIA results, include double-track rail and the Purple Line electric train extension (Tao Pun-Rat Burana), he said.