ฏ Part II: Guideline for acknowledging the community rights in connection with the natural resources and environment under the Thai Constitution B.E. 2560 The studied principles and concepts of both international law and domestic law help designing the “conceptual framework and key issues” which are used as basis for proposing the guideline for acknowledging the community rights in connection with the natural resources and environment under the Thai Constitution B.E. 2560. Hearings on the guideline were conducted by experts on various disciplines: law, public administration, judicial process, human rights and community right. In addition, meetings for opinions on the guideline were held for different groups of stakeholders, both representatives from government sector, namely the Constitutional Drafting Commission, the National Human Right Commission, the Court of Justice, the Administrative Court, the Constitutional Court, the Office of the Attorney-General, and the Office of the Ombudsman, and representatives from non-government sectors, namely companies or institutions with activities in preparing the EIA report, civil society from different regions, and scholars working on the issues relevant to this study. Main content of the guideline for acknowledging the community rights in connection with the natural resources and environment under the Thai Constitution B.E. 2560 includes the following elements: (1) Guideline for exercising the rights of person and community under Article 43 of the Thai Constitution B.E. 2560. (2) Operation of the State’s duties for guaranteeing the rights of person and community according to Article 57 and 58, as well as monitoring and urging the State to perform under Article 51. (3) Roles of the National Human Right Commission in supporting and promoting the rights o f person and community under (1) and (2), which are legislative promotion, protection of the community rights in practice, and knowledge building on the community rights for the Thai society.

اختر الفقرة المستهدفة3