The long march for environmental justice

       Residents in the shadows of industrial estates in Rayong province have taken to the highway to try to get their message out ahead of a court decision which could shut many factories down permanently Some portions of the road from Rayong city to Bangkok are rugged and dusty, and many big trucks hurry by, but Jareon Dejkum was determined to continue walking to draw attention to the plight of villagers living near industrial estates in Rayong province.
       "We don't have many outlets to express our bitterness. We will we die at home or on the street - there's little difference - but we want the government to know that it needs to listen to the ruling of the Central Administrative Court [CAC]," he said, referring to the court's order on Sept 29 to suspend 76 projects in Rayong province. The court will consider whether their permits violate Section 67 of the Constitution (see box). The protesters carried with them a petition to hand to government leaders in Bangkok.
       This is not the first time that Mr Jareon has taken to the street to vent his frustrations. He has been protesting since the early days of industrial development in the province. This time he joined about 100 others on a long march dubbed "Follow Father's footsteps in search of self-sufficiency" organised by the People's Eastern Network (PEN). The marchers left Rayong on Oct 24.
       Jareon and many fellow Rayong natives first protested against the establishment of the Map Ta Phut Industrial Estate when the Industrial Estate Authority of Thailand (IEAT) started its land acquisition scheme in 1987.
       "A Rayong governor at that time came to negotiate with us and told us that he would try his best to prevent adverse impacts. But in the end he left Rayong and we were left to fend for ourselves," said the orchard owner. Many locals were forced to sell their land at very low prices from - 5,000 to 15,000 baht a rai.
       WAITING FOR JUSTICE: Noi Jaitang wants his family and neighbours to be able to live in a clean and peaceful village again.
       As the factories and designated industrial estates in the province have increased year by year, locals say they are suffering, and the adverse social and environmental impacts which fall on them are clear for all to see.
       According to IEAT figures, there are eight industrial parks containing 426 factories in Rayong province alone. The Map Ta Phut estate has 64 factories, and there are a total of 198 factories on the Eastern Seaboard.
       Over the years the locals' reports of specific environmental abuses have mounted, including chemical leaks. In one well-publicised case, toxic fumes caused the relocation of Map Ta Phut Phan Wittayakarn school in 1997 to a site far from the industrial estate.
       Meanwhile, operators and investors in the industrial estates maintain that they have obtained the required government approval for their environmental impact assessments (EIAs) and are following all environmental rules and regulations.
       "I have only a rudimentary education, how can I argue with these people, I have only the truth," said Mr Jareon.
       To many it may seem that the 67-year old man is fighting a losing battle, and he admits that he sometimes feels it is hopeless to take on both the industries and the government in his quest for environmental justice.
       Yet he and others affected by the industrial development that sprang up around them almost overnight continue to protest, submit petitions and negotiate with concerned government agencies, as they have done for the past 20 years without much result - until the CAC decision in late September.
       NOT IN MY BACKYARD: Waste from a coal-fired power plant supplying the industrial estate dumped in residential area.
       GDP VS SUSTAINABILITY
       Protesting locals say the government is concerned only about economic growth as measured by GDP (Gross Domestic Product), at the expense of sustainability, a view shared by a number of academics and environmentalists.
       ''Does the government understand His Majesty the King's self-sufficiency economy?'' asked Mr Jareon as he wiped sweat from his face with a work-roughened hand.
       The PEN chose to embark on their long march because they they wish to highlight their plight in the run-up to a final court decision on the fate of industrial estates in Rayong.
       On March 3 this year the Rayong Provincial Administrative Court ordered the National Environmental Board (NEB) to declare an area which includes six sub-districts in Muang and Ban Chang districts of Rayong a pollution control zone. The decision was based on health and pollution reports by independent academics suggesting residents' health was at risk from pollution from factories and industrial-related activities.
       Estate operators were quick to say that the declaration of the pollution control zone would affect their investments of approximately 200 billion baht. The government has asked the Council of State to interpret Section 67 of the 2007 Constitution.
       In July, the Council of State ruled that the existing BE 2535 (1992) Environmental Act is sufficient to tackle the problems at Map Ta Phut. The ruling reads that when there is no organic law to stipulate the procedures to set up the independent agency described in Section 67 of the Constitution, presently functioning agencies can consider granting projects approval if they have environmental and health impact assessments. The Council of State sub-committee only consulted with agencies that advocate investment, such as the IEAT, without inviting local participation.
       It should be noted that three members of the Council of State's Commercial and Industrial Sub-committee are also on the board of the Petroleum Authority of Thailand Chemical Company (PTTCH), a company heavily invested in the Map Ta Phut industrial estate, as shown by a document obtained from the Stock Exchange of Thailand dated June 23, 2008.
       The protesters point out that the constitution is supposed to be the highest law of the land, and question why the 1992 Environmental Act should play a bigger role.
       Suthi Atchasai, the leader of the PEN, said: ''People affected from the industrial operations and mega-development projects are aware how the EIAs were conducted. Concerned government agencies shouldn't be too naive.'' He asked if any of the EIAs had been denied, and questioned the reliability of the consultants hired by the industries to conduct the EIAs.
       The Sept 29 CAC order, which suspends 76 projects in Rayong province, exempts projects that were approved before the promulgation of the 2007 Constitution.
       UNHEALTHY EYESORE: Locals and officials look over toxic garbage carelessly dumped on private land in Map Kha village, adjacent to Map Ta Phut industrial Estate.
       Many government officials are backing industrial operators in their assertions that the CAC ruling is having a devastating effect on the business climate in the country. PTT Plc, the country's largest energy conglomerate, has cited potential revenue losses of 262 billion baht per year due to delays in completing its 25 ongoing projects in Map Ta Phut.
       Meanwhile, Prime Minister Abhisit Vejjajiva has said that the government wants to continue investment projects in a way that has a minimal impact on local people and the environment, a sort of ''eco-industrial zone''.
       But Sinchao Sawadlon, a farmer from Tapong near Map Ta Phut, asked incredulously: ''How could that be, an eco-industrial zone? My dear PM, come to stay with us and you will know what these companies get away with when they 'comply with the law'''. He added that the proffered government solution is always to set up tripartite committee which never function.
       The feeling that there is no one in the government to take their side is what brought locals back to the protest route.
       "THE ESTATES CAME TO US"
       Among the marchers is Noi Jaitang, who lives near Map Ta Phut industrial estate and has lost six family members to cancer. Presently, his wife has also been diagnosed with cancer. Few if any physicians are willing to attribute the high incidence of cancer in the population to proximity to industrial estates, but many locals have no such reservations.
       ''Rayong is my hometown. We didn't choose to live by an industrial estate, but the estates have come to us, said Mr Noi. He would like to live peacefully on his small plot of land, but he feels he must tell the public about the consequences of industrial development.
       WEAPONS OF THE WEAK: Members of the People’s Eastern Network are on the march to air their grievances and inform the public about their problems with pollution,
       ''Nobody admits to doing any wrong, but why are people in our area getting sick, especially with cancer?'' he asked.
       Mr Noi's feet were swollen from all the walking, but he discounted his troubles. ''My feet are alright, but look at Suthi's feet, they are more seriously injured,'' he said. Mr Noi and many senior protest figures are clearly happy to have younger people like Mr Suthi in their movement.
       The afternoon sun was very strong, and after four days of walking from Rayong to Samut Prakan, another farmer, Watchara Thongtarat, almost collapsed. He decided to get into a car driven by one of the marchers'' supporters.
       ''I want to continue walking, but I think I would bring trouble to my friends if I got sick today,'' said the 70-year-old orchard owner. He said his village, located next to the IRPC industrial estate ''has been changing'' _ the temperature is higher, and the water has become toxic. What's more, the trees no longer yield quality fruit.
       ''It rains less and less, everything has changed,'' he complained, adding that he could not sit still and see this happen to his family and neighbours.
       He said some people who come from outside Rayong might be happy with the industrial estate, as they are only interested in jobs. ''But if they consider their health in the long run, will their present earnings be enough for them to look after themselves in the future?'' he asked.
       Along the road, some of the PEN members were trying to distribute leaflets to inform the public about the issue.
       At the end of the fourth day of walking the marchers got an invitation from an allied group in Bang Bor in Samut Prakan province to stay at a local temple.
       While having dinner at the temple, Rampai Silaraeng said that understanding each other's limitations is the way to keep the movement going. She also said it is hard to mobilise young people to join the long march.
       ''Many of us are still have to earn a living, and many others are too weak to join the movement.'' She added cryptically: ''It is hard to point out who makes us vulnerable physically and mentally, but we are clear about who is pushing us to the edge.''
       Among the younger demonstrators are former workers in Map Ta Phut's factories. Ms Ann (not her real name) is a former petro-chemical engineer and a native of Rayong who had an accident on the job and quit. She confirmed that there are many toxic substances in the industrial conglomeration, but although workers do get some protections, the toxicity spreads to the environment.
       Mrs Rampai and Ms Ann are happy when people along their route take the time to give them moral support. ''In Nong Mol
       [Chon Buri province], many vendors gave us sweets and food, and some temples are so kind _ they give us food and a place to stay and even contribute funds for our struggle,'' Mrs Rampai said.
       On the evening of Oct 27 in Bang Bor after dinner the marchers sang songs and discussed what they would do when they arrive at the Government House. They chatted about a number of things. Arom Sodmanee got a call from her community leader, who was invited by a big company in the industrial estate for a leisure tour in Cha-am, in Petchaburi province.
       Ms Arom turned on the speaker of her mobile phone and we heard the community leader describe how the company had tried to buy him off, as well as others from around Map Ta Phut.
       ''Divide and conquer,'' said Ms Arom, shaking her head.
       The next day, they woke up early and came to the decision to end the march and finish the journey to Government House by pick-up trucks and hired vans. There they tried to submit their petition, but no one came out to receive it.
       Later they moved on to the Parliament building, where they were given a chance to submit the petition to senators. In the afternoon, Deputy Prime Ministry Kobsak Sabhavasu agreed to meet with them and chaired the meeting himself.
       After the meeting Mr Jareon said he did not believe the government is acting in good faith.
       ''I have to say that it is again just promises,'' said Mr Jareon.
       ''Holding meetings and setting up committees are just techniques to buy time and prolong our suffering.2007 CONSTITUTION, SECTION 67: ITS INTERPRETATION MAY DETERMINE CENTRAL ADMINSTRATIVE COURT RULING
       The right of a person to participate with State and communities in the preservation and exploitation of natural resources and biological diversity and in the protection, promotion and conservation of the quality of the environment for usual and consistent survival in an environment which is not hazardous to his/her health and sanitary conditions, welfare or quality of life, shall be protected appropriately.
       Any project or activity which may seriously affect the quality of the environment, natural resources and biological diversity shall not be permitted, unless its impacts on the quality of the environment and on health of the people in the communities have been studied and evaluated and consultation with the public and interested parties have been organised, and opinions of an independent organisation, consisting of representatives from private environmental and health organisations and from higher education institutions providing studies in the field of environment, natural resources or health, have been obtained prior to the operation of such project or activity.
       The right of a community to sue a government agency, State agency, State enterprise, local government organisation or other State authority which is a juristic person to perform the duties under this section shall be protected.
       (Unofficial translation)
       TROUBLE IN THE AIR: Industrial estate operators insist they have followed all environmental regulations, but locals point to the smoke from some projects.