Community rights clause not fooling anyone

The right of citizens and communities to protect the environment against harmful development projects is now back in the draft constitution, thanks to fierce pressure by civil society nationwide. So people can relax now, right? Not a chance.

Face it. The military regime is in it for the long haul. Their diktats are the ultimate rules of the land. The community rights clause in the draft will be of no help because it has also been heavily diluted, turning active citizens and communities into state vassals.

Since the beginning of this year, the National Council for Peace and Order (NCPO) has issued a series of orders under the special powers of Section 44 in the interim charter to eliminate legal obstruction and fast-track mega projects. First it was an order to bypass land-zoning laws to speed up the government’s project to create special economic zones in 10 border provinces, which also faces fierce opposition from locals. That was in January.

Charter writers agree to spell out community rights

The Constitution Drafting Committee has agreed to spell out in the new draft communities’ right to sue state agencies and the requirement for environmental and health impact assessments for all large projects following numerous complaints.

The move came after people in the provinces, environmental activists and academics had criticised the omissions of community rights provisions present in Section of 67 of the 2007 charter.

Charter writers explained earlier they had taken a different approach to protecting the rights. Instead of putting them in the Rights and Liberties chapter like in the previous constitution, they included them by implication in the State Duties chapter. While they claimed the effects were the same, activists and communities were not comfortable with the change.