A revolution for public participation? Don’t hold your breath

The National Reform Steering Assembly’s administrative reform committee has proposed issuing the new law as part of national reforms.

If passed, the proposed law would give citizens greater power to monitor the implementation of policies by state agencies.

Thawilwadee Bureekul, research director from King Prajadhipok’s Institute and a member of the administrative reform committee, said the law could help guarantee genuine public participation in state policies and projects at every level.

She said the principle had been adopted in the 1997 and 2007 constitutions, as well as in the latest draft charter. However, no legislation had been passed to ensure it was put into practice, she added. 

Thawilwadee is convinced that the civil sector has a better chance of success in pushing for the law now, under the current post-coup government, than it would under the elected administration to come.

Thawilwadee and other researchers proposed a similar law two years after the 1997 constitution was promulgated. The 1997 charter required public hearings for projects that would impact the environment, public health and quality of life. But the proposed law needed for implementation of that policy was never passed. 

As a result, Thailand witnessed a slew of disputes, as controversial government projects pitched state agencies against affected communities and civil groups. Despite many attempts to push for a law to allow public participation, no success was achieved. The previous attempt came under Yingluck Shinawatra’s administration, when a civil group managed to gather more than 10,000 signatures for the cause. But before the House of Representatives could deliberate on the proposed legislation, it was dissolved amid political unrest.

In the latest proposal from the NRSA’s panel, state agencies would be required to support public participation in all stages of policy implementation. State agencies would have to provide sufficient information on projects to the communities affected, listen to locals’ views, and allow them to scrutinise the implementation. The consultation could even result in policy being changed or rescinded.

In formulating policies, state agencies would be required to heed views aired at public hearings, and they would have to provide remedial and rehabilitation plans in case of adverse impacts.

That would mean state agencies having to heed the people’s voice before, during and after the implementation of policies.

The proposed law would see the launch of a 19-member committee, to be headed by the prime minister or a deputy, to support the new role for citizens. It would also detail penalties for public officials who failed to abide by the law or the orders of the committee.

Many NRSA members have hailed the move as a “revolution in the process of public participation” and an important mechanism to boost participatory democracy. However, others have warned that such a law would end up obstructing implementation of government policies and threaten government projects with delays.

The assembly voted in support of the report that proposed the legislation. The report will now be submitted to the Cabinet, which will decide whether to forward it to the National Legislative Assembly where it could be voted into law.

It’s too early to say whether Thai democracy is about to be given a boost, or whether the proposal that citizens play a greater role will join other reform ideas that have been shelved and forgotten.

Much will also depend on whether the post-coup government accedes to this “revolution” in public participation that could pave the way for a future of participatory democracy.