Thailand: Strengthening the local community movement

A commitment to include people who are commonly marginalised and underrepresented in decision-making processes is key to realising the right to a clean, healthy and sustainable environment. A priority for the National Human Rights Commission of Thailand (NHRCT) is therefore to strengthen the community rights movement in the country, with a focus on access to information; participation in decision-making; access to remedies and justice; and protection of environmental human rights defenders. 

Background

Since 2011, the NHRCT has placed a high priority on implementing the ‘respect, protect and fulfil framework’ with Human Rights based approach, while also putting more efforts to articulate the practices with remedies and human rights due diligence set out in the UN Guiding Principles on Business and Human Rights.

A significant focus of the Commission’s work has been to monitor and investigate human rights impacts, particularly those being made by corporations whose business operations impact on communities in different regions of Thailand. In particular, the NHRCT has sought to strengthen respect for ‘rights to the environment and natural resources, to access environmental information, to participate in environmental matters and to have access to effective remedies, as set out in the Constitution.

The adoption of the right to a clean, healthy and sustainable environment by the UN General Assembly in July 2022 has provided fresh impetus to the NHRCT’s efforts to engage with communities and corporations to promote respect for human rights and the environment. 

It has also deepened deliberations among members of the ASEAN Intergovernmental Commission on Human Rights (AICHR) on the possibility of establishing an ASEAN Environmental Rights Framework, which could address issues related to the right to access environmental information, the right to participate in decision making on environmental matters, the right to seek remedies for environmental damage, and the protection of environmental human rights defenders,

As part of its strategic efforts to strengthen respect for human rights and the environment, with a focus on business and human rights, the Commission has established a cooperative relationship with Thailand’s Representative to AICHR. This includes sharing information and insights from the Commission’s national activity to support AICHR’s deliberations on the establishment and content of a possible regional framework on the environment.

Snapshot: Climate change, the environment and Thailand

National activities

As part of its promotion mandate, the Commission developed two integrated initiatives to engage communities and promote dialogue on the right to a clean, healthy and sustainable environment: developing information resources to strengthen community understanding on human rights and the environment in other global regions; and convening workshops for community representatives and government agencies to raise issues and identify priorities for reforming law, policy and practices on human rights and the environment.

Goals

Through its activities, the NHRCT has sought to:

• Strengthen the local community movement by preparing information resources on the Aarhus Convention and the Escazú Agreement
• Create space for community voices on realising the right to a healthy environment, as well as engage key government agencies in discussion on their roles and priorities
• Propose recommendations to Thailand’s Representative to AICHR and the South-East Asia National Human Rights Institutions Forum (SEANF) on the development of a proposed ASEAN Environmental Rights Framework.

Increasing community knowledge

A priority for NHRCT is to provide communities and civil society organisations across Thailand with information and resources to support their advocacy for the right to a clean, healthy and sustainable environment. Central to the Commission’s current initiative is sharing developments in this area from other global regions.

The Escazú Agreement (for Latin America and the Caribbean) and the Aarhus Convention (for Europe) set out principles to ensure that people have access to environmental information, are consulted in environmental decision-making processes, and can take legal action in cases of environmental damage. They also promote and defend the rights of environmental defenders, indigenous peoples and local communities.

In December 2022, the NHRCT translated both documents into Thai – the first time this had been done. Building on this, the NHRCT published an information brochure on the right to a healthy environment for communities and civil society organisations, together with state authorities, across Thailand. More than 1,000 brochures will be shared in six workshops organised by the NHRCT during May-July 2023 and seven regional workshops organised during August-December 2023. 

The brochure will also be shared with Thailand’s Representative to AICHR for dissemination during the consultation phase on the development of a proposed ASEAN Environmental Rights Framework, as well as other relevant opportunities.The brochure includes introductory content on human rights and the environment, human rights protection mechanisms in Thailand and South-East Asia, and an overview of the key provisions of the Escazú Agreement and the Aarhus Convention. 

Creating space for community voices

In many contexts, and especially in relation to the actions of transnational corporations, the voices and concerns of local communities in Thailand can be marginalised. As part of its ongoing efforts to address this imbalance, NHRCT hosted two workshops to hear directly from communities and civil society organisations and state agencies about their concerns and their priorities for realising the right to a healthy environment in Thailand.

The first workshop sought to share experiences from other global regions – Latin America and Europe – and UN Special Rapporteur on Human Rights and the Environment, Dr. David R. Boyd together with practices in ASEAN and Thailand with regards to promoting access to environmental information, ensuring communities are consulted in environmental decision-making, promoting access to remedies in cases of environmental damage, and protecting the rights of environmental human rights defenders.

The workshop also sought to strengthen links between participating community representatives and civil society organisations, as well as discuss the potential development of a work plan to coordinate the actions of a ‘Network of Community Rights and Environmental Responsive NGOs’.

The second workshop was a forum to share information and insights from the development of international and regional standards on the right to a healthy environment and discuss lessons that could be applied to the ASEAN context, especially with regards to a proposed regional framework on environmental rights.

Outputs

Through the national activity, the Commission:

• Translated the Escazú Agreement and the Aarhus Convention into Thai
• Published a plain language document for communities on the right to a healthy environment, which will also be used in other NHRCT activities throughout 2023
• Providing a forum for NGOs and CSOs working on environmental rights to raise concerns, share their priorities, connect with one another and develop coordinated engagement and advocacy efforts
• Prepared a report and recommendations for Thailand’s representative to the AICHR, drawing on the workshop proceedings, to support discussions on a possible regional framework on environmental rights.

Outcomes

Through the initiatives that form its national activity, the Commission helped raise awareness and build knowledge within communities about national, regional and international instruments to promote and protect environmental rights, with a focus on access to information, participation in decision-making and access to remedies.

Sharing information and resources with communities and civil society organisations also had a multiplying effect, with those partners sharing the resources locally and with NGOs and environmental human rights defenders across Thailand.

The workshops offered community representatives and civil society organisations a forum to raise pressing issues for human rights and the environment, as well as to deepen their understanding of protection mechanisms in Thailand, South-East Asia and other global regions. There was broad recognition that a focus on law and policy reform is essential to secure meaningful change on access to information, participation in decision making and access to remedies.

The opportunity for community representatives and civil society organisations to network and plan joint advocacy and other initiatives was also a key outcome of the workshops, with participants expressing confidence in the strength and vitality of the grassroots environmental movement.

In addition, participants discussed the context and content for the development of a proposed framework on the environment for the region. They acknowledged the structural challenges involved in establishing human rights protection mechanisms in ASEAN, as well as translating international instruments in a local context.

Feedback from the workshops, as well as insights gained by the NHRCT from its monitoring and complaint handling work, were integrated into a policy paper on strengthening protection of key procedural rights with respect to human rights and the environment. This paper, which included a series of recommendations, was shared with Thailand’s representative to AICHR. It will also be shared with SEANF.

Ongoing engagement with IGM

Through the dialogues convened by the APF and this national activity, the NHRCT has deepened its engagement with Thailand’s Representative to AICHR. This relationship features an open exchange and dialogue between both parties, with Thailand’s Representative to AICHR welcoming the report and recommendations developed by the NHRCT on the possible regional framework on the environment.

The NHRCT has a unique role to act as a bridge between Thailand’s Representative to AICHR and communities, civil society organisations and other national stakeholders. This includes sharing information and raising the concerns of communities, especially those that can be excluded and marginalised, to better promote and protect the human rights of Thai people. The NHRCT’s linking role also extends to its participation in the work of the SEANF.

To strengthen this role, and to promote understanding and respect for key procedural rights in relation to the right to a healthy environment, the NHRCT will establish a regular and ongoing dialogue with Thailand’s Representative to AICHR.

The NHRCT will also continue its collaboration with all key stakeholders - including the network of environmental NGOs, relevant government agencies, and the public - to support and strengthen the environmental rights movement. In addition, the NHRCT will propose recommendations to the government to strengthen domestic protection of environmental rights, with a focus on access to environmental information and consultation with communities in environmental decision-making processes.