The Impact on Fundamental Environmental Rights Through the Exercise of Power to Issue the Order of the National Council for Peace and Order (NCPO Order) and the Order of Head of the National Council for Peace and Order (Head of NCPO Oder) Under Section 44

Abstract

     The articles are qualitative research for objectives were to investigate NCPO order related to environment in NCPO-led government era, and to investigate NCPO order affecting fundamental environmental right. This study explored the content of environmental rights that has been certified in international treaties with Thailand being as a member to be used as a norm to monitor and analyze in order to determine the impact of exercising power by NCPO to issue NCPO order on fundamental environmental right. The results indicated that power was exercised to issue a law through NCPO order to facilitate the smooth implementation of the government's national reform policy. These orders were inconsistent with fundamental environmental rights under international treaties with Thailand being as a member as follows; (1) Orders that possibly violated in Right to Healthy Environment (2) Orders that violated Right to public participation in environmental management, and (3) Orders that violated community rights to sustainable use of biological diversity.

     Thus, to achieve fundamental environmental right protection, the state should consider certifying fundamental environmental rights in accordance to constitutional right, encourage public participation in policy-formation and legislative process as well as review Order of the Head of the National Council for Peace and Order under Section 44, which possibly violates fundamental environmental rights of people to be consistent to strict protection of fundamental environmental rights.