A group of protesters from Songkhla province who were acquitted by the Songkhla Provincial Court for taking part in an anti-coal march have just received a nasty surprise. The Office of the Attorney-General has decided to appeal the court ruling.
Seventeen protesters, including locals and environmental activists, who spearheaded a campaign against a coal-fired power plant in Songkhla's Thepha district, were rounded up during a march to see Prime Minister Prayut Chan-o-cha and submit to him a protest letter on Nov 27, 2017 when he and his cabinet held a mobile meeting in the southern province. They failed to reach the premier as police, military officers, and local officials broke up the march, which escalated into a clash.
Police resorted to heavy-handed measures by using force in the crackdown, subsequently filing a number of heavy charges against the group, including violating the law on public gatherings, being armed, and obstructing and attacking officials and blocking traffic, though they dropped the charges against one protester who was a minor. "Arms" meant a hand-made wooden pole with the flag of the protest movement.
The march was part of a series of activities held by local people opposing the controversial 2,200-megawatt, coal-fired power plant which they feared would cause adverse effects on the environment and health of the community whose members are mostly small-scale fisherfolk.
In opposing the gigantic power plant project, the villagers proposed the use of environmentally friendly renewable energy. They also opposed a plan for an accompanying deep-sea port to facilitate the transport of a huge amount of coal to the plant, insisting it would affect their livelihoods.
Over the past years, they have disputed the legitimacy of the environmental and health impact assessment (EHIA) study, alleging it was riddled with flaws, especially the part concerning public participation. There were accusations the EHIA was purely ceremonial to justify the construction of the project. The Prayut regime subsequently gave in, putting the scheme on hold.
In ruling in favour of the villagers, the court recognised the constitutional right of local people to express opinions against a project which negatively affects them, especially since various agencies turned a deaf ear to their complaints. The court also said the Nov 27 march did not violate the law as it was a gathering without any dangerous weapons and didn't create a disturbance. It only ordered two of the protesters to pay a 5,000-baht fine for not acquiring the proper permit to hold the protest.
The OAG's decision to appeal, which means the case will drag on for years, is open to question given the fact the court -- in its noble verdict -- cited the people's constitutional right to protect themselves from a project that may harm them and the community as well as the environment. In fact, the ruling should have set a precedent for struggling local communities faced with harmful projects elsewhere.
The OAG, as a part of the justice process, should have a better understanding of the country's highest law concerning the rights of local people.
Its attempt to pursue the case is nonsensical and will only cause the protesters further trouble. Nothing will be gained.
