Map Ta Phut
only symptom
of bigger problem:
Weak political
institutions for making important decisions
By Jon Fernquest 
The
Bangkok Post featured an analysis of the Map Ta Phut crisis written by American academic Danny Unger this week. Danny Unger is one of the few academics in the US and Europe specializing in Thai political economy (See profile and publications, scroll down page).
He teaches at Northern Illinois University (NIU), a center for Southeast Asian Studies in the US.
His major work Building Social Capital in Thailand (1998) provides a nice overview in English of many parts of the Thai economy (See Google Books).
His article is very long and can be read here in full.
What follows here is the part of the article that describes how Thailand slowly arrived at the Map Ta Phut crisis.
It provides the details of government failure for over a decade to pass the necessary laws to make important parts of the 1997 "People's Constitution" into law.
Today's article begins after the vocabulary:
Map Ta Phut Industrial Estate - one
of Thailand's largest industrial estates located in Rayong
(See interactive
map)
industrial estate, industrial park - a special area especially for factories with special facilities (roads, transportation, water, electricity, waste disposal) (See Wikipedia)
symptom - some sign or happening that shows or indicates an illness
institutions - a large system or set of customs that have been part of a society for a long time
political institutions - the political system of a society
academic - a teacher or professor in a university or college
political economy - economics that emphasizes the role and influence of politics on economic life and events (See Wikipedia)
social capital - "the networks of relationships among persons, firms, and institutions in a society, together with associated norms of behavior, trust, cooperation, etc., that enable a society to function effectively" (Source, also See Wikipedia)
industrial estate, industrial park - a special area especially for factories with special facilities (roads, transportation, water, electricity, waste disposal) (See Wikipedia)
symptom - some sign or happening that shows or indicates an illness
institutions - a large system or set of customs that have been part of a society for a long time
political institutions - the political system of a society
academic - a teacher or professor in a university or college
political economy - economics that emphasizes the role and influence of politics on economic life and events (See Wikipedia)
social capital - "the networks of relationships among persons, firms, and institutions in a society, together with associated norms of behavior, trust, cooperation, etc., that enable a society to function effectively" (Source, also See Wikipedia)
Opinion
INDUSTRY
Map Ta Phut spat hides a colossal failure
1/02/2010Danny Unger and Patcharee Siroros
High stakes
...Clearly much is at stake in Map Ta Phut for Thailand's economic and social environment
As Suranand Vejjajiva pointed out in a recent Bangkok Post column (Jan 15) [Read here], the Map Ta Phut imbroglio also directs attention to the failure of a succession of governments since August 2007, when the current constitution gained approval, to adopt implementing legislation so that the constitution's Article 67 could be implemented.
As he notes, the current way of handling environmental regulatory conflicts in Thailand carries costs in time, money and lost opportunities.
spat
- an argument or disagreement, especially over something that seems
unimportant เรื่องทะเลาะเบาะแว้ง ในเรื่องไม่เป็นเรื่อง
colossal - very big
stake - a share or a financial involvement in something such as a business
high stakes - in gambling, when a gambler can lose a lot of money on a bet
much is at stake - much could be lost if events to not go right
pointed out - showed
imbroglio - a very confusing and complicated situation
attention - when you see and notice something
directs attention to - shows you that
succession - series, one after another
current - of the present time ปัจจุบัน
constitution - the set of laws and basic principles that a country in governed by รัฐธรรมนูญ
approval - official permission การอนุมัต
adopt - to accept or to start using something new นำมาใช้
implementing - doing, making a plan reality, doing the tasks in a plan
legislation - a law or set of laws suggested by a government and made official by a parliament กฎหมาย, การออกกฎหมาย
Article 67 - "bans industrial projects considered 'severely harmful' until four activities have been undertaken: environmental impact assessment (EIA), health impact assessment (HIA), public hearings within the community and an opinion by an independent agency" (See previous article)
conflicts - angry disagreements between people or groups ความขัดแย้ง
colossal - very big
stake - a share or a financial involvement in something such as a business
high stakes - in gambling, when a gambler can lose a lot of money on a bet
much is at stake - much could be lost if events to not go right
pointed out - showed
imbroglio - a very confusing and complicated situation
attention - when you see and notice something
directs attention to - shows you that
succession - series, one after another
current - of the present time ปัจจุบัน
constitution - the set of laws and basic principles that a country in governed by รัฐธรรมนูญ
approval - official permission การอนุมัต
adopt - to accept or to start using something new นำมาใช้
implementing - doing, making a plan reality, doing the tasks in a plan
legislation - a law or set of laws suggested by a government and made official by a parliament กฎหมาย, การออกกฎหมาย
Article 67 - "bans industrial projects considered 'severely harmful' until four activities have been undertaken: environmental impact assessment (EIA), health impact assessment (HIA), public hearings within the community and an opinion by an independent agency" (See previous article)
conflicts - angry disagreements between people or groups ความขัดแย้ง
The failure to design a mechanism that can give investors a green light, protect community concerns about environmental and health impacts and resolve conflicts authoritatively long precedes the 2007 constitution. The 1996 Public Hearing Rule called for environmental impact hearings for big projects. As a result, these hearings became familiar to large numbers of Thais, though the hearings did not always resolve conflicts. Many activists criticised the "D-A-D syndrome" in which officials would first decide on a project, and only then announce and subsequently defend project decisions.
As a result, controversies left many projects suspended in limbo.
mechanism - a
system designed to achieve goals
give a green light - give permission, say that people can do some activity
community - the people living in one particular area ชุมชน
concerns - worries ความกังวล
conflicts - disagreements, fights
resolve - to solve a problem, or to find a satisfactory way of dealing with it แก้ไขปัญหา
resolve conflicts authoritatively - solve and end disagreements (so that they do not happen again, decisively)
precedes - comes before, happened before
a hearing - an official meeting which presents the facts of some issue before a decision is made
a public hearing - a hearing that is open to the public, the public can listen and respond
impact - an effect or influence ผลกระทบ
environmental impact - the negative effect that a project has on the environment
defend - to say things to support someone or something ปกป้อง
suspended - stopped temporarily
limbo - a situation of uncertainty สภาวะที่ไม่มั่นคง
controversies - issues that people argue and debate about
give a green light - give permission, say that people can do some activity
community - the people living in one particular area ชุมชน
concerns - worries ความกังวล
conflicts - disagreements, fights
resolve - to solve a problem, or to find a satisfactory way of dealing with it แก้ไขปัญหา
resolve conflicts authoritatively - solve and end disagreements (so that they do not happen again, decisively)
precedes - comes before, happened before
a hearing - an official meeting which presents the facts of some issue before a decision is made
a public hearing - a hearing that is open to the public, the public can listen and respond
impact - an effect or influence ผลกระทบ
environmental impact - the negative effect that a project has on the environment
defend - to say things to support someone or something ปกป้อง
suspended - stopped temporarily
limbo - a situation of uncertainty สภาวะที่ไม่มั่นคง
controversies - issues that people argue and debate about
Meanwhile, the 1997 constitution called for community participation in natural resource management and making decisions on big projects (for example, Articles 46, 59, 76, 79, and 290.
The 1997 constitution, however, did not specify procedures to enable participation in the approval of big projects with major environmental effects. As a result, the Prime Minister's Office in 1999 drafted a statute that the cabinet approved and sent to the Office of the Council of State (OCS).
community participation - when
the opinion of people who live in a local area is used to make a
decision
natural resource - the things that nature gives people in place like land, forests, oil, minerals...
specify - to explain something in an exact and detailed way ระบุ ชี้แจงรายละเอียด
enable - to make someone able to do something, or to make something possible ทำให้เป็นไปได้
statute - a law which has been formally approved and written down รัฐบัญญัติ, พระราชบัญญัติ, ฎหมาย
cabinet - the group of government ministers who make and approve government policy คณะรัฐมนตรี
natural resource - the things that nature gives people in place like land, forests, oil, minerals...
specify - to explain something in an exact and detailed way ระบุ ชี้แจงรายละเอียด
enable - to make someone able to do something, or to make something possible ทำให้เป็นไปได้
statute - a law which has been formally approved and written down รัฐบัญญัติ, พระราชบัญญัติ, ฎหมาย
cabinet - the group of government ministers who make and approve government policy คณะรัฐมนตรี
The OCS devoted extensive time and resources over the following years attempting to produce a law that would gain wide support. By 2004, 13,000 copies of a revised draft law went to government agencies, the media and local governments and the OCS sponsored public hearings on the draft law on public hearings.
Despite this earnest effort, the bill faced strong criticism from many NGOs and was derailed.
resources
- things that you need to achieve something (money, workers
and equipment) ทรัพยากรู่
devoted resources to Y - used resources in project Y
extensive - many (a wide variety too)
draft - written for consideration, but not yet in its final form ฉบับร่าง
media - newspapers, radio, television, etc. สื่อ
local - in or related to the area that you live, or to the particular area that you are talking about ท้องถิ่น
earnest - serious and determined เอาจริงเอาจัง
effort - an attempt to do something ความพยายาม
bill - a written document containing a proposal for a new law ญัตติ
criticism - when people show the bad points and defects of something
NGO (Non-Governmental Organization) - any non-profit, voluntary citizens' group which is organized on a local, national or international level, perform a variety of service and humanitarian functions, bring citizen concerns to Governments, advocate and monitor policies and encourage political participation through provision of information. Some are organized around specific issues, such as human rights, environment or health (Source: ngo.org also see Wikipedia)
derailed - failed
devoted resources to Y - used resources in project Y
extensive - many (a wide variety too)
draft - written for consideration, but not yet in its final form ฉบับร่าง
media - newspapers, radio, television, etc. สื่อ
local - in or related to the area that you live, or to the particular area that you are talking about ท้องถิ่น
earnest - serious and determined เอาจริงเอาจัง
effort - an attempt to do something ความพยายาม
bill - a written document containing a proposal for a new law ญัตติ
criticism - when people show the bad points and defects of something
NGO (Non-Governmental Organization) - any non-profit, voluntary citizens' group which is organized on a local, national or international level, perform a variety of service and humanitarian functions, bring citizen concerns to Governments, advocate and monitor policies and encourage political participation through provision of information. Some are organized around specific issues, such as human rights, environment or health (Source: ngo.org also see Wikipedia)
derailed - failed
The Prime Minister's Office then produced, via a more streamlined process, a revised version of the bill which the cabinet issued in June 2005 as Prime Minister's Office Order on Public Consultation, 2005
After the 2007 constitution was promulgated, the Surayud government attempted to revise the June 2005 Order to serve as an organic law for Article 67. Working with research done by the King Prajadhipok Institute, representatives from the OCS, the National Economic and Social Advisory Council, the Human Rights Commission and various NGOs drafted a new bill
via
- through ผ่าน (ช่องทาง) ในที่นี้คือ ผ่านดาวเทียม
process - a series of actions that you take in order to achieve a result แนวทางปฏิบัติ, กระบวน, วิธีการ
version - a particular form of something which varies slightly from other forms of the same thing
version - a particular form of something which varies slightly from other forms of the same thing
issued - made available ออกใหม่
process - a series of actions that you take in order to achieve a result แนวทางปฏิบัติ, กระบวน, วิธีการ
version - a particular form of something which varies slightly from other forms of the same thing
version - a particular form of something which varies slightly from other forms of the same thing
issued - made available ออกใหม่
Gothom Arya chaired the Public Participation Committee within the National Legislative Assembly and the legislature passed the public participation bill. However, the legislature had approved the bill without a quorum and the Constitution Court later upheld the Samak government's challenge to the bill.
One lesson that emerges from this chronology of events is that Thais have long recognised the need for wider public participation in public policy making, in large part reflecting sensitivity to the environmental consequences of large energy, industrial and infrastructural projects.
quorum
- the number of people that a committee needs to meet and
carry out its business
committee - a small group of people chosen to make certain decisions in a large organisation
uphold, uphold a law - when a court says that a decision was correct according to the law
challenge, a legal challenge - when people try to prove that a decision is not legally correct
policy - a set of plans or action agreed on by a government, political party, business, or other group นโยบาย
in a large part... - one big reason why....
X reflecting Y - X shows that Y
sensitivity - getting easily angry or worried about something
consequences - results of effects of something ผลที่ตามมา
committee - a small group of people chosen to make certain decisions in a large organisation
uphold, uphold a law - when a court says that a decision was correct according to the law
challenge, a legal challenge - when people try to prove that a decision is not legally correct
policy - a set of plans or action agreed on by a government, political party, business, or other group นโยบาย
in a large part... - one big reason why....
X reflecting Y - X shows that Y
sensitivity - getting easily angry or worried about something
consequences - results of effects of something ผลที่ตามมา
Despite this understanding, however, Thais have to date not been successful in devising mechanisms to balance the voices of the diverse interests involved and to then (and this is crucial) reach an authoritative decision that will be accepted as at least procedurally legitimate and, contingently, the by most of thoselast word interests. This failure is now evident in the impasse that has been reached in Map Ta Phut....
have an interest in - will
gain or lose depending on decision (or depending on succcess or failure
of project)
diverse interests - a variety of people who will gain or lose in different ways depending on the decision
crucial - extremely important because it effects the result of something สำคัญยิ่ง
authoritative - powerful ซึ่งแสดงถึงอำนาจ
legitimate - correct according to the law ที่ถูกต้องตามกฎหมาย, ชอบด้วยกฎหมาย
procedurally legitimate - uses the legally correct procedure
contingently - depending on conditions
the last word - the highest authority on the meaning, the opinion that is accepted above all others
evident - can be seen, easy to see
impasse - a situation in which progress is not possible and a project cannot move forward ทางตัน
diverse interests - a variety of people who will gain or lose in different ways depending on the decision
crucial - extremely important because it effects the result of something สำคัญยิ่ง
authoritative - powerful ซึ่งแสดงถึงอำนาจ
legitimate - correct according to the law ที่ถูกต้องตามกฎหมาย, ชอบด้วยกฎหมาย
procedurally legitimate - uses the legally correct procedure
contingently - depending on conditions
the last word - the highest authority on the meaning, the opinion that is accepted above all others
evident - can be seen, easy to see
impasse - a situation in which progress is not possible and a project cannot move forward ทางตัน
(Source: Map Ta Phut spat hides a colossal failure, 1/02/2010, Danny Unger and Patcharee Siroros, link)
