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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.