THE ROLE OF PUBLIC PARTICIPATION UNDER ENVIRONMENTAL LAW IN THE MANAGEMENT OF PM2.5 POLLUTION IN THAILAND

Abstract

Fine particulate matter (PM2.5) pollution constitutes a serious environmental and public health crisis in Thailand, causing significant adverse impacts on public health, quality of life, and the fundamental rights of the population, particularly in the northern region and major urban areas. This issue extends beyond conventional air pollution control, as it is directly linked to the rights to life, health, and a healthy environment. Nevertheless, Thailand’s legal framework governing PM2.5 management remains fragmented, lacks coherence, and is predominantly state-centered. As a consequence, the role of the public as stakeholders and rights holders has not been clearly recognized at a structural level. This article aims to analyze the role of the public under Thai environmental law in the management of PM2.5. The study examines relevant environmental law principles, the evolution of public participation, existing legal mechanisms for participation, and challenges in law enforcement. The findings indicate that although members of the public may file complaints, participate through local administrative organizations, access environmental information, and monitor state actions, such participation remains largely reactive, fragmented, and insufficient to enable meaningful involvement in policy decision-making. Accordingly, the article proposes policy recommendations to strengthen public participation, including the formal recognition of the right to clean air, the enactment of specific legislation on air quality and PM2.5 management, the development of proactive participation mechanisms, the enhancement of the authority and capacity of local administrative organizations, and the integration of environmental rights principles into law enforcement. These measures are essential to ensure that Thailand’s PM2.5 management framework operates effectively, equitably, and in accordance with the principles of sustainable development.