Charter must 'make Thais owners of all mineral resources'

[rooster59]

Charter must 'make Thais owners of all mineral resources'

BANGKOK: The new constitution should have a section that assures all mineral resources belong to every Thai citizen, according to geological experts who participated in a forum yesterday on the future of mineral resource management.

It was also proposed at the forum, held by Geological Society of Thailand (GST), that the new Mineral Bill should allow more public participation and more public hearings on new mining projects.

Former GST president Parinya Nutalai stressed that all mineral resources are owned by the state and all Thai citizens have a right over it. "It is not the government's power to manage our mineral resources, as the government only represents and uses power in the name of the people. Therefore, we should add a section in the constitution to emphasise people's ownership of minerals," Parinya proclaimed.

He said that in all previous charters the people never got advantages from mining, or a fair right to determine the fate of mining projects that affect them.

His opinion was supported by Somsak Potisat, a former director of the Mineral Resources Department, who also stated that people should have the right to take part in every decision to exploit mineral resources.

"The people's decision is very important and the government should provide education to the people, so they will have enough knowledge to decide on the issue of natural resources," Somsak suggested.

He said that as the new Mineral Bill was now being considered by the Council of State, it should develop in a manner of public law to allow greater public participation in future mining activities.

Parinya also said the people should have the power of a |judicial review to inspect government moves and the new Mineral Bill should clearly point out what kind of ore should not be exported and restrict foreign companies from exploiting the country's resources.

Mineral Bill opposed

Earlier, the new Mineral Bill was strongly opposed by people in provinces designated for gold mine expansion, as they claimed such a move would violate their rights and allow easier process to start new mining projects.

Sasin Chalermlab, secretary-general of the Seub Nakhasathien Foundation, emphasised that public hearings were a way to prevent conflict between locals, who suffer from mining activities, and the government.

"The current public hearings are done at the tambon level, while the effect from mining is usually felt on the village scale. Therefore, the people who are affected by pollution from mining are often outnumbered by a majority of voices who do not feel the effect," Sasin said.

"It is unjustified that the majority vote is used to suppress the voices of those who affected," he said.

Source: http://www.nationmultimedia.com/national/Charter-must-make-Thais-owners-of-all-mineral-reso-30271968.html

-- The Nation 2015-10-31

[eliotness]

A government listening to the local people ! quite a novel idea in most countries of the world ??

[springheeled jack]

I absolutely agree that mining of any description the final analysis should be left to the people that would be affected by it not to the people who stand to gain financially from it.

[eliotness]

A full EIA, one that's transparent, certified by a competent independent body and enforced by the courts would make a big difference, but I doubt if that will ever happen. So sad !

[dageurreotype]

A government listening to the local people ! quite a novel idea in most countries of the world ??

Indeed. The meek may very well inherit the earth, but the bastards will get the mineral rights

[eliotness]

A government listening to the local people ! quite a novel idea in most countries of the world ??

Indeed. The meek may very well inherit the earth, but the bastards will get the mineral rights

I could have just "liked" your comment, but it is so so true. Sometimes I think that's why the powerful invented religion, so the poor oppressed peasants would think that they would get their reward in heaven. But what if there isn't a heaven ?'

[shirtless]

They belong to all Thais collectively , Yet only the elite and well connected will see any benefit from mining. welcome to the real world

[Enoon]

A government listening to the local people ! quite a novel idea in most countries of the world

Indeed. The meek may very well inherit the earth, but the bastards will get the mineral rights

I could have just "liked" your comment, but it is so so true. Sometimes I think that's why the powerful invented religion, so the poor oppressed peasants would think that they would get their reward in heaven. But what if there isn't a heaven ?'

Then you create "heaven on earth".

As religious faith has declined in the west, so has been propogated the belief that a "consumer heaven", of material well-being for all, can be achieved.

A "mechanical paradise". A "techno-eden".

How do you think that's working out?

[retarius]

Ahhh don't know about this. Maybe all mining rights should be owned by Western mining companies whose super ethical approach to mining will ensure that no-one is harmed by their mining activities and that they will share all the profits equitably with local people. Western mining companies can be relied on never to offer any bribes to public officials to gain mining rights and so this will help in the fight against corruption as well. A win-win-win situation for Thailand.

Brought to you by Rio Tinto/Glencore

Mining at its finest.

[Srikcir]

"all mineral resources belong to every Thai citizen"

Okay but so what?

This provision had already existed in spirit under the 2007 Constitution and a host of laws made prior to the 2014 coup d'etat. The new Mineral Bill now being considered doesn't require any new constitutional provisions. So it does not seem that "in all previous charters the people never got advantages from mining, or a fair right to determine the fate of mining projects that affect them." People have had access to and filed lawsuits with the courts to hear their grievances when the government seemed reticent or negligent.

What needs to be reinforced is the people's right to demand as sovereign owners of Thailand's minerals, due process of law to share in the advantages in mineral development and protection from any potential environmental or socio-economic effects of mineral development.

We have witnessed during the Prayut regime (only as an example and certainly not isolated from any previous government) government's complicity in promoting and directly supporting mineral development under Article 44 with little regard to citizen's rights, laws and the interim constitution under Article 4. The government must have the discipline and commitmnt to protect the public's interest and their sovereignty.

And that is the broader issue - the sanctity of the people's sovereignty.

[eliotness]

A government listening to the local people ! quite a novel idea in most countries of the world

Indeed. The meek may very well inherit the earth, but the bastards will get the mineral rights

I could have just "liked" your comment, but it is so so true. Sometimes I think that's why the powerful invented religion, so the poor oppressed peasants would think that they would get their reward in heaven. But what if there isn't a heaven ?'

Then you create "heaven on earth".

As religious faith has declined in the west, so has been propogated the belief that a "consumer heaven", of material well-being for all, can be achieved.

A "mechanical paradise". A "techno-eden".

How do you think that's working out?

Any "consumer heaven" is built on debt. Just another way to control the masses. The ability to rise above ones birth status was good in the 60s and 70s but has gradually been eroded. The rich/poor gap is now bigger than in living memory.

How do I think it's working out ? It's not, period !

[gandalf12]

it is a nice way of saying the governement decides on everything regarding minerals. That is the only way you can read it. It is an asset of the country

[connda]

Boy, that doesn't fit into the TPP, Agenda 21 or Agenda 30. What up???

[NanLaew]

it is a nice way of saying the governement decides on everything regarding minerals. That is the only way you can read it. It is an asset of the country

It's a call from those currently disenfranchised from the financial benefits from land resource usage for their share of the pie. Staking their claims so that they too can join the 'me too' self-entitlement brigade and piss all over any local or community concerns or benefits.

The army already has vast holdings of land that is possibly sitting over mineral resources and they are highly unlikely to hand over any part of that money pot especially to the people they claim to serve and protect.

[NanLaew]

A full EIA, one that's transparent, certified by a competent independent body and enforced by the courts would make a big difference, but I doubt if that will ever happen. So sad !

There's already a fairly well structured EIA provision but it is already fraught with ways and means to be subverted for gain. I have witnessed government entities recommending one company bidding for exploration work over another as the EIA from this 'recommended' company is assured to be approved whereas any other EIA submissions from other companies tendering for the same work is equally assured to require several time-wasting, expensive reviews and resubmissions.