Community Rights to Prevent Being Affected by Open Burning Problems

Abstract

               The Constitution of the Kingdom of Thailand guarantees individuals and communities the right to preserve, restore, and promote their cultural heritage, including wisdom, art, and traditions at both the local and national levels. Additionally, communities possess the constitutional right to protect themselves from the negative impacts of open burning. This right is enshrined in Section 3 of the Constitution, with Article 43 affirming the rights and freedoms of Thai citizens and Article 57 detailing the duties of the state in safeguarding these rights. However, the full exercise of community rights remains limited, primarily due to the absence of specific legal frameworks that would facilitate practical enforcement.

               Several existing laws address open burning and community rights, including the National Environmental Quality Promotion and Preservation Act B.E. 2535, the Public Health Act B.E. 2535 (1992), and the Public Disaster Prevention and Mitigation Act B.E. 2550 (2007). Despite these legal frameworks, public awareness of both the detrimental effects of open burning and the relevant laws remains inadequate. Government agencies have not sufficiently engaged communities to promote the exercise of their constitutional rights in preventing open burning, limiting the effectiveness of these laws.

               To address this, it is essential for government bodies to develop clear and comprehensive policies, strategies, and guidelines that address the issue of open burning. Regular evaluations of the constitutional provisions concerning environmental rights, including the right to a healthy environment and clean air, should also be conducted. Furthermore, the government should ensure that communities are properly informed about their rights and equipped with the knowledge needed to prevent open burning. Encouraging community participation and building networks that actively collaborate in environmental protection efforts will further strengthen the ability of citizens to combat the harmful effects of open burning and protect their local environments.