Addressing Challenges in Implementing Legal Measures for Controlling and Resolving PM 2.5 In the Upper Northern Region

Abstract

The PM 2.5 pollution crisis in Northern Thailand poses significant health, hygiene, and lifestyle challenges, threatening the well-being and livelihoods of the local population. From December to April each year, the region experiences heightened levels of PM 2.5 due to a combination of forest fires, agricultural burning, and transboundary haze. The geography of Northern Thailand, characterized by high mountains and basin-like plains, exacerbates the problem as particulate matter becomes trapped in the atmosphere, lingering for extended periods.  Agricultural burning in neighboring countries is a critical contributor to the transboundary haze issue, often linked to Thai private sector activities supporting cross-border agriculture. Currently, the lack of enforceable legal mechanisms within Thailand hinders efforts to address pollution caused both domestically and internationally. ASEAN member states have signed the ASEAN Agreement on Transboundary Haze Pollution to combat these challenges, a cooperative framework designed to analyze and mitigate the causes and impacts of forest fires and haze. However, the agreement remains non-binding, relying on voluntary compliance and mutual cooperation. This absence of enforceable obligations significantly limits the effectiveness of efforts to address transboundary haze in a tangible and sustainable manner. Stronger legal frameworks and actionable policies are urgently needed to tackle this pressing environmental issue and protect the region's ecosystems and communities.

The PM 2.5 pollution crisis in Northern Thailand represents a significant violation of fundamental human rights, including the right to life and the right to health, as recognized under international and domestic law in many advanced nations. Recently, the United Nations (UN) elevated environmental protection by declaring access to a clean, healthy, and sustainable environment as an international human right, placing it on par with other fundamental rights. However, the Constitution of the Kingdom of Thailand has yet to fully align with these international standards, leaving environmental rights inadequately protected. This gap undermines the safeguarding of individuals’ rights and weakens efforts to address critical environmental issues such as air pollution. A significant obstacle to resolving the PM 2.5 problem lies in the fragmented and outdated legal framework governing air quality. Many current laws were enacted years ago, leading to inefficiencies in addressing contemporary challenges. Air quality standards remain outdated, and specific pollution control regulations targeting major sources are lacking. Furthermore, differing air quality standards set by various responsible agencies create inconsistencies, hindering coordination and integrated action. This disjointed regulatory approach prevents systematic and timely resolution of the PM 2.5 crisis, highlighting the urgent need for comprehensive legal reform, modernized standards, and effective interagency collaboration to protect public health and environmental rights.

The United Nations’ call for accelerated action on environmental protection has prompted countries like the United States and the French Republic to incorporate environmental rights into their constitutions. These initiatives aim to safeguard citizens from environmental threats, including those posed by natural disasters. The Clean Air Act in the United States stands as a landmark framework, effectively addressing air pollution crises and achieving sustained success over decades. Similarly, the French Republic enacted specific environmental laws that were subsequently integrated into its constitution as fundamental rights, underscoring the critical importance of environmental protection at the constitutional level. 

In Thailand, increasing awareness of the air pollution crisis among government agencies, the private sector, and the public has led to the proposal of seven drafts of the Clean Air Act. Among these, the Integrated Clean Air Management for Health Act B.E. .... was submitted with the support of 22,000 eligible voters. Studies indicate that this draft law incorporates principles akin to the U.S. Clean Air Act, which has been instrumental in mitigating air pollution. 

To address the persistent PM 2.5 pollution problem in Northern Thailand and protect the environmental rights of its citizens, the following recommendations are proposed: Enact a Specific Clean Air Law: A dedicated law should be introduced to address air pollution comprehensively. This legislation should establish an agency specifically tasked with air pollution management, equipped with a task force reporting directly to the prime minister. Such a structure would enable swift decision-making and prompt action. Decentralize Authority: Decision-making power should be devolved from central government to regional and local authorities, particularly in areas with recurring air pollution exceeding health standards. Tailored monitoring and operational plans should be developed for these areas, distinct from general national measures. Amend the Constitution: To align with international standards, Thailand’s Constitution should be amended in Chapter 3: Rights and Freedoms of the Thai People to explicitly recognize the right to live in an environment with clean air that does not harm health. Furthermore, protections should ensure that no individual suffers premature death due to air pollution, with enforceable measures to prevent violations by individuals or government agencies.

These recommendations aim to establish a robust and integrated legal framework, ensuring effective management of air pollution, safeguarding public health, and upholding Thai citizens' environmental rights per global standards.