The environmentalists were one of the main opposition groups against the draft constitution and actively pushed for a “No” vote in the referendum on Sunday. They said the new charter would diminish people’s rights to protect natural resources and the environment and remove many legal tools for the public.

Environmental Litigation and Advocacy for the Wants Foundation secretary-general Surachai Trongngam said that even though the new charter has been approved, it was not the end of efforts by community rights campaigners.

“Many rights have been limited under the new constitution, especially the rights of the people to live in a healthy environment. However, there are still some parts of the charter and related laws that people can apply to protect themselves,” Surachai said.

He said some rights that are guaranteed by the constitution could be adapted in legal battles for community rights and there are still related laws, such as Article 96 and 97 of the Enhancement and Conservation of National Environmental Quality Act, that could be employed.

“Moreover, Article 278 of the draft charter also indicates that authorities will have to draft the ancillary law for the Environment and Health Impact Assessment … within 240 days after the constitution is effective,” he said.

“We will have to keep monitoring this ancillary law as it will directly affect the effort to protect the environment and natural resources of communities.”

Prasitchai Nu-nuan, an activist from Protect Andaman from Coal Network, said the group would carry on campaigns against harmful projects even though the constitutional draft has been accepted.

“With this new constitution, the junta can take a firmer grip on government policy. And even after the election, the new government will very likely be the inheritor of the NCPO [National Council for Peace and Order] and the pro-capitalist policy by the NCPO is more likely to be passed on for at least a decade,” Prasitchai said.

“Nothing else we can do”

“This new constitution will make our campaigns to protect our rights and our land much harder. It also shows that entrepreneurs have a lot of influence within the military government, but we have nothing else we can do, only keep fighting by using the rights that we still have.”

Pornthip Hongchai, a co-leader of the community advocacy group Rak Ban Kerd based in Loei, said the group would still uphold the rights they had under the previous constitution and continue to stand against the gold mine in Loei regardless of the new constitution.

“Even though it is true that the majority of Thai citizens voted ‘Yes’ for the charter draft, it is still not the legitimate charter, because those approving the draft may not truly understand it and some may have not read it. This charter does not contain community-rights protections as were stated in Article 66 and 67 of the previous constitution,” Pornthip said.

“Before the coup, I had more freedom campaigning against the gold mine, but it became much harder when the NCPO, which rules the country, sent troops under Article 44 to monitor us and suppress our peaceful protest against the gold mine. This constitution will extend our agony under the military regime.”