No longer able to bare the suffering from the pollution, Map Ta Phut residents filed a complaint with the Administrative Court. The Administrative Court suspended 76 projects, resulting in a hot economic, environmental and health issue and leading to a (temporary) mechanism to resolve the problem in the form of an independent organization. A New Fighting Dimension 2Map Ta Phut: A Hot It is undeniable that Thai society is aware of the long-standing Economic Issue for the problems faced by Map Ta Phut residents who have had to live Nation, A Pollution Problem with industrial pollution in Rayong province. Thai society is also aware that the locals for Local Communities have continuously demanded the problems to be solved by issuing formal letters of Announcement of the Pollution-Control Zone complaint and demonstrations, but to no avail. On 3 March 2009, the Rayong Administrative The major reason is that the government sector Court ruled that the National Environment Board was continues to be worried that the country’s main negligent in not announcing Map Ta Phut municipality economic bloodline will be affected. As a result, the and vicinities as pollution-control zones. option used to solve the pollution in Map Ta Phut has The Court ruled that the National Environment been “buying time” through the formation of countless Board must announce all areas near and in Map Ta Phut study committees, the establishment of funds for municipality, including Nernpra, Mabkha and Tabma villagers, and commercials stating that investors have sub-districts in Muang district and all sub-districts good corporate governance and corporate social in Ban Chang district, as pollution-control zones in responsibility (CSR). order to control, reduce and eliminate toxic waste, as “Shutting an eye” to the enforcement of directed in the National Environment Quality Act, regulations, especially city planning regulations, within 60 days of the Court’s order.2 resulted in industrial plants being located next door The verdict referred to both government and to residential areas resulting in chronic illnesses. private sector documents, especially the Map Ta Phut Environmental problems did not decrease, but continued report from the National Health Assembly, which to rise in line with the expansion of heavy industries. reported pollution in the air, public canals and On 1 October 2007, 27 residents from seawater as well as effects on the environment 11 communities in the Map Ta Phut Industrial and health. The locals, the plaintiffs in the lawsuit, Estate decided to file a complaint with the Rayong considered the verdict “the first step to success” while Administrative Court. The lawsuit was filed against the investors urged the Prime Minister to “appeal” against National Environment Board for failing to declare Map the court ruling, citing potential significant damage to Ta Phut a pollution-control zone.1 the country’s economy. 42 10 Health Issues 53-05-022_036-079(ENG) new4_Y.indd 42 4/6/2010 17:07 Vice Chairman of the Federation of Thai was also a special report in the economic page of Industries, Payungsak Chartsupipol stated, “This case Thairath newspaper questioning the declaration of the may have an impact on investment and economic pollution-control zone by the government.8 expansion and may cause investors to relocate their Sarinee Archavanuntakul, an independent manufacturing base to other countries”. “It may also researcher, wrote “if the industrial sector in Map affect overall investor confidence because Map Ta Phut Ta Phut Industrial Estate had real ‘corporate social Industrial Estate is a major industrial area with revenue responsibility’ or ‘CSR’ as publicized, they should as high as 11 trillion baht per year, equivalent to 11% consider this case as an ‘opportunity’ to show their of the country’s GDP, and employs over 100,000 3 sincerity by dedicating their funds, time and expertise people.” He confirmed, “The pollution problem is to help the villagers and local agencies to develop a not as critical as it seems as the majority of the pollution reduction plan. According to CSR principles, companies that invest in Map Ta Phut have high enough 4 the key is cooperation with all stakeholders, not just standards”. standing still to see what the local authorities ‘can do’, Mr. Detcharat Sukkamnerd, a professor at the waiting to point a finger ‘it serves you right’ afterwards, Faculty of Economics, Kasetsart University, had a or letting villagers continue to suffer.”9 positive view on the implementation of the court’s While local administrations in Rayong province ruling. “The announcement of the pollution-control zone are moving forward to develop plans to reduce and will allow different sectors in society, including the eliminate toxic waste, approval of new industrial projects government, private and public sectors, to work are underway. One such project is to reclaim land from together in order to control and reduce pollution in the 5 the sea in order to construct a port and chemical area and have a more systematic work process.” terminal on more than 1,000 rai of land, while chemical It provided an “opportunity” to improve the leakages with fatalities still occur. environmental standards and health of the people in Rayong, leading to investment in clean technology in all When the demand to slow down new investment industries which would be beneficial to trade in the so to develop a plan to reduce and eliminate pollution international arena.6 was not met, Map Ta Phut locals and the Stop Global Warming Association again filed a complaint with the Eventually, Prime Minister Abhisit Vejjajiva, Administrative Court on 19 June 2009. The complaint Chairman of the National Environment Board, declared was against eight government agencies that had on 16 March 2009 that the board meeting had approved the construction or expansion of plants in the a unanimous decision to announce Map Ta Phut Map Ta Phut area which was not in accord with Article Industrial Estate as a pollution-control zone. However, 67 of the 2007 Thai Constitution and the 2007 the National Environment Board would appeal the court National Health Act or did not completely comply with ruling that the government agencies were negligent all three requirements under the law. of their duties in declaring pollution-control zone. The Prime Minister said, “The announcement of the 1. Did not do an assessment of the health pollution-control zone in order to effectively solve impact the environmental problems is not to fight against 2. Did not hold a hearing of the opinions of businesses. Businesses must respect maintaining the public or stakeholders environmental standards, must not harm communities, and should not think that it will have a negative impact 3. Did not have an independent organization, on the investment environment.”7 consisting of representatives from private environmental and health organizations Suspension of 76 Projects and from higher education institutions After the declaration of Map Ta Phut and providing studies in the field of environment, nearby areas as pollution-control zones according to natural resources or health, provide an the Rayong Administrative Court’s ruling, the private opinion prior to the operation of such sector continued to give interviews about the impact on project investment, quoting losses in the trillions figure. There Thai Health 2010 43 53-05-022_036-079(ENG) new4_Y.indd 43 4/6/2010 17:07 Mr. Srisuwan Janya from the Lawyers Council Prime Minister Abhisit Vejjajiva tried to find a of Thailand, one of the plaintiffs, said, “Since the 2007 solution by allowing projects that were approved before Constitution has been in use (only 1 year and 9 months), the 2007 Constitution took effect to appeal with the the Office of Natural Resources and Environmental Administrative Court. At the same time, former Prime Policy and Planning (ONEP) through the Expert Minister Anand Panyarachun was appointed as the Committee has approved the health impact assessment Chairman of the committee to resolve the problems in (HIA) reports of 76 plants in the Map Ta Phut, Ban the Map Ta Phut Industrial Estate in accordance Article Chang and nearby areas”.10 67(2) of the Constitution. The four-party panel, which Meanwhile, the private sector in the petro- comprises of academics, the public, the private and the chemical industry and the Federation of Thai Industries government sectors, is responsible for determining the publicized about caring for the environment in the Map criteria for preparing environmental impact assessment Ta Phut area11 and confirmed that Rayong ranked as (EIA) and health impact assessment (HIA) reports and one of the most livable cities. The quality of the sea- public hearings. water and the canal water was better than before, the One day before the New Year in 2010, the incidence of cancer was lower than the national average Ministry of Natural Resources and Environment’s and thus it could not be concluded that the environmental Notification Re: Rule, Procedure, Method and Guideline quality and health of the Rayong people were being for Preparation of the Environmental Impact Assessment affected by the industries in the area.12 Report for Project or Activity which may Seriously Investors in Map Ta Phut were once again Affect Community with respect to Quality of Environment, “shocked” when the Administrative Court ruled on 30 Natural Resources and Health, which is considered September 2009 that the pollution problem in Map Ta the work of the four-party panel, was promulgated in Phut has continuously affected the communities and the the Royal Gazette on 30 December 2009. The private problem seems to be intensifying. Therefore, it is sector welcomed the rule as it provided a clear necessary and fair to temporarily suspend 76 projects guideline for their implementation. in accordance with Article 67(2) of the Constitution.