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Beyond Politics: Why Thailand Needs A Constitution That Protects the Planet and Its People

  • Writer: Manushya Foundation
    Manushya Foundation
  • 2 hours ago
  • 4 min read

When you hear the word "Constitution," what comes to mind? A dusty book on a shelf? Arguing politicians? Or complex legal jargon that feels miles away from your daily life?


As a decolonial intersectional feminist organization working alongside frontline communities, we are here to tell you: The Constitution is not just paper. It is the very foundation of your house.


If the foundation is cracked, the house isn’t safe. No matter how much we fix the windows or paint the walls, if the structure is weak, the people inside are at risk.


At Manushya Foundation, we work to ensure that community voices are heard whether it’s about natural resources, land rights, or environmental safety. But time and again, we hit a wall. Even when a community is suffering, they cannot access true justice because our current "foundation" the 2017 Constitution is flawed.


Here is why the upcoming referendum for a New People’s Constitution is a matter of life and death for our environment and our communities.


The Trap of the 2017 Constitution: "State Duties" vs. "Your Rights"


The 2017 Constitution sounds good on paper, but it hides a dangerous legal trap.


  1. Rights are tied to conditions. Section 43 says communities have the right to manage resources, but it adds a catch: "according to the methods provided by law.

    It means If there is no specific law supporting you, or if the law restricts you, your constitutional right is practically useless.

  2. Your "Right" became the "State’s Duty." Sections 57 and 58 shifted the focus. Instead of saying “People have the right to a safe environment,” it says “The State has a duty to manage resources.”

  3. Land is framed as policy, not community land rights. Sections 72 and 258 talk about “fair land distribution,” but they place it under State policy and national reform, not as an enforceable community land right.

    It means the State can use policies and subordinate laws to control land in ways that limit communities, even while claiming it’s “reform” or “distribution.” Why this matters: If it is a Right, you can sue to protect it. If it is a State Duty, it becomes a broad policy goal. If the State fails, it’s much harder for citizens to hold them accountable.

Real Cases from Phichit and Chaiyaphum

Because the Constitution doesn't explicitly guarantee the Right to a Safe Environment and Community land rights, communities are forced to beg for mercy instead of demanding justice.

  • The Gold Mine in Phichit Province: Villagers here didn’t just need a public hearing; they needed safety from toxic contamination. But because the law focuses on "State procedures," the community’s voice was drowned out. They need the power to say NO to projects that poison their water and blood, not just the right to sit in a meeting room.

  • The Sab Wai Villagers in Chaiyaphum Province: Under the "Forest Reclamation Policy," communities who have guarded the forest for generations were sued as criminals and trespassers. When the Constitution doesn't strongly protect community land rights, bad government policies can bulldoze over innocent lives.

Thailand Must Rise to International Human Rights Standards Not Just Stick to "Thai Standards"

The United Nations already recognizes that "The right to a clean, healthy, and sustainable environment is a human right." Thailand must catch up.

For the New People's Constitution, we are demanding:

  1. A Clear Right to a Safe Environment: It must be a fundamental right belonging to the people, not just a duty of the state.

  2. Meaningful Participation and Access to Information: Communities must be involved from the start, with full, timely, and easy-to-understand information, no secrets.

  3. Community Land Rights: Communities must have clear, secure rights to their land and way of life so the State cannot take it away through changing policies or “reform” plans.

  4. Independent Oversight: The government or company cannot police itself. 

  5. Justice and Remedy: If damage happens, the law must guarantee fair compensation and environmental restoration fast.


Thailand's Future is Not a Request, It’s a Right



A safe environment and community land rights shouldn't be something the people have to beg for. Voting for a new Constitution isn't just about politics; it’s about choosing a foundation that values community over corporate profit. It is about ensuring that the water we drink and the air we breathe are protected by the highest law in the land.


On February 8th, we invite all members of our feminist community in Thailand to VOTE "YES" for a New Constitution.



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