Power plans 'in breach of constitution'

Suthi Atchasai, Map Ta Phut village leader, said it seemed the Office of Natural Resources and Environmental Policy and Planning (ONEP) knew nothing about the charter, which ensures community rights and public participation.

It states that any programmes or activities likely to impact on the environment, natural resources or the health of a community cannot be implemented without a study on the environmental and health effects.

ONEP is preparing to approve three controversial power projects in Map Ta Phut, Saraburi and Chachoengsao.

But none had undergone a health impact assessment (HIA), Suthi said.

ONEP recently approved the environmental impact assessment (EIA) of the three projects. The HIA is a very new tool introduced by the charter to protect public health from development projects and to empower social justification.

"The process had been changed [by the charter] and

an HIA is needed, but ONEP

has not adjusted to this," Suthi said.

More than 300 people affected by the three power plants will today rally in front of the Ministry of Natural Resources demanding the projects be suspended. At the very least, Suthi said, the projects should be halted until the HIAs were completed.

Suthi said if he could not get a satisfactory answer from the ministry, he would bring the case to the Constitution Court.

Enforced last year after being approved by a majority of voters, the 2007 Constitution became the new hope of people as it contains new principles and tools to allow public participation in development projects as well as to ensure the rights of the public to live in a safe environment. Unfortunately, there is no organic law to enforce state agencies to follow the charter.

"Once we were very happy that the charter provided measurements to close loopholes of the EIA, but now it seems nothing has improved," Suthi said.