Section 44 for EEC a worry

In a bid to speed up investment in the Eastern Economic Corridor (EEC), the Prayut Chan-o-cha government has invoked the powerful Section 44 of the interim charter, a move that has sparked public concern. According to government spokesman Sansern Kaewkamnerd, the use of Section 44 to facilitate EEC investment by promoting 10 targeted industries in three eastern provinces — Chon Buri, Rayong and Chachoengsao, was endorsed by the National Council for Peace and Order (NCPO) and acknowledged by the cabinet earlier this week.

The targeted industries include cars, smart electronics, robotics, aviation, logistics, biofuels and biochemicals.

The EEC, a flagship project for the Prayut administration to help propel the economy, has designated areas covering over 30,000 rai in the three provinces.

Lt Gen Sansern said Section 44 can serve to overcome restrictions and streamline procedures regarding environmental impact assessments (EIAs), in addition to facilitating the public-private partnership (PPP) model.

This means the powerful law will enable involved authorities to compromise or even bypass certain regulations, in particular those concerning environmental protection. This should be a matter of public concern.

It appears the government has resorted to invoking Section 44 shortly after attempts to abrogate the EEC Act were delayed, which means it will take more time before the project can be implemented.

The spokesman said a working committee comprising foreign and domestic experts will be set up to vet the EIA report. The establishment of the special body is aimed at cutting short the EIA process from two years to one.

However, the government should be aware that the use of Section 44 in this high-profile project that aims to entice investors may backfire. It has effectively raised questions about the project’s legitimacy now that the new constitution, which endorses the principle of public participation, has taken effect, with royal blessing, as of early last month.

But academics have complained about the lack of public consultation, let alone public participation in the form of public hearings, for the project despite widespread public concern over the adverse impact it may have.

One contentious issue centres on land use as the EEC allows foreign investors to lease land for up for 99 years. Such lengthy leases require strong regulations on land use and town planning that can ensure industrial activities are limited to appropriate areas.

Besides this, fears are mounting about the environmental problems the project may cause. Many people in the eastern region have suffered from the Eastern Seaboard’s development, especially the infamous Map Ta Phut project that has for decades negatively affected the environment as well people’s livelihoods and health. They want to make sure history doesn’t repeat itself.

Some groups say the calls for public participation have never been properly addressed by the state. They see the project as being carried out in a top-down manner. Either way, the invocation of Section 44 to fast-track a project considered to go against the grain of the new charter is likely to be challenged.

While some point to the economic development the project will spur, they say preventive measures must be put in place so that this does not come at the expense of the local people or environment.

The government should avoid the costly mistakes committed by past administrations and open channels of communication so it can receive feedback from local communities. It should also avoid any propaganda that will fuel mistrust that could hinder the EEC project.

Preventive measures must be put in place to protect locals.