ARTICLE

Bangkok Post, 26 February 2006
TRADE NEGOTIATIONS COMMAND ATTENTION
Amidst the promises of positive benefits of FTAs to Thailand, more and more citizens are raising questions, especially in relation to the services and investment sectors, writes SUPARA JANCHITFAH

Many Thais are concerned about what will happen to their communities in the future, after the Thai-US Free Trade Agreement is concluded and enters into force. A major worry is that under the FTA, which so far has been conducted without public participation, the government might come under pressure to change the conditions of public services, and for example allow privatisation or competition from foreign firms which would leave Thais out of the game on their own soil.
"Will a local community or TAO (Tambon Administration Organisation) have a say if the American investors want to invest in our area? Will we be able, as stated in the Thai Constitution, Article 56, to participate in preserving and (guarding against) exploitation of natural resources?" asked Jintana Kaewkao, a local leader at Ban Krud in Prachuap Khiri Khan.
Dr Lawan Thanadsillapakul, the director of the Institute of International Economic and Business Law of Sukhothai Thammathirat Open University, said that unless the Thai government safeguards them by inclusion in its list of exceptions, local governments might not have their rights as stated in the Thai Constitution. She added that the government must be very specific in naming areas for exceptions.
She explained that under the Constitution, Thailand is a single state. Thus any trade deal will enter into force for the entire area within her boundaries. This is not the case for the US, as it has both the federal government and state governments and the state governments may choose not to enforce some sections of an FTA.
TROUBLES AHEAD?