Thai
The National Human Rights Commission (NHRC) submitted the complaint on the Royal Decree that established national park area according to article 6 of the National Park Act, B.E. 2504 (1961) in Doi Phu Ka National Park, Nan Province overlapped with the community forest. The NHRC supposed that the community right, which guaranteed under article 66 and 67 of the Constitution of B.E. 2550 (2007) as the people shall have the right to participate in the management of natural resources. But article 6 of the National Park Act did not consult the community before enacted the national park area. Then, the NHRC claimed that article 6 of the National Park Act was inconsistent with article 66 and 67 of the Constitution.
The Constitutional Court accepted the complaint on the ground of article 257 paragraph 1 (2) when the NHRC submitted the case to the Court that the provision of law is detrimental to the human rights and begs the question of the constitutionality. The Court ruled that article 6 did not prohibit the community from participating with natural resource management. Moreover, this provision did not restrict to take legal action against the government agency when the official violated the right of the people. Therefore, article 6 did not have any question of the constitutionality, regarding article 66 and 67 of the Constitution.
The National Human Rights Commission (NHRC) submitted the complaint on the Royal Decree that established national park area according to article 6 of the National Park Act, B.E. 2504 (1961) in Doi Phu Ka National Park, Nan Province overlapped with the community forest. The NHRC supposed that the community right, which guaranteed under article 66 and 67 of the Constitution of B.E. 2550 (2007) as the people shall have the right to participate in the management of natural resources. But article 6 of the National Park Act did not consult the community before enacted the national park area. Then, the NHRC claimed that article 6 of the National Park Act was inconsistent with article 66 and 67 of the Constitution.
The Constitutional Court accepted the complaint on the ground of article 257 paragraph 1 (2) when the NHRC submitted the case to the Court that the provision of law is detrimental to the human rights and begs the question of the constitutionality. The Court ruled that article 6 did not prohibit the community from participating with natural resource management. Moreover, this provision did not restrict to take legal action against the government agency when the official violated the right of the people. Therefore, article 6 did not have any question of the constitutionality, regarding article 66 and 67 of the Constitution.