CRIMINAL PROSECUTION OF INDUSTRIAL FACTORY OPERATORS FOR ENVIRONMENTAL POLLUTION OFFENSES IN THAILAND : THE CASE OF ILLEGAL IMPORT AND EXPORT OF HAZARDOUS ELECTRONIC WASTE

Abstract

This research article aims to: 1) study the situation and issues related to the illegal import and export of electronic waste in Thailand, 2) analyze the challenges in criminal prosecution for controlling offenses related to the illegal import and export of electronic waste, and 3) propose approaches and measures to improve the efficiency of law enforcement and criminal prosecution in controlling the illegal import and export of electronic waste in Thailand. This study employs qualitative research, collecting data through in-depth interviews with nine key informants, including legal experts from the Pollution Control Department, officials from government agencies responsible for controlling the import and management of electronic waste from the Department of Industrial Works, and entrepreneurs involved in the electronic waste industry. Data were analyzed using content analysis and inductive analysis to extract key findings from the information gathered.

          The research results show that:

1. The situation regarding the illegal import and export of electronic waste in Thailand remains a significant issue, as Thailand serves both as a destination and a transit point for electronic waste from other countries. The lack of strict control and efficient law enforcement has led to unchecked illegal imports, most of which contain hazardous toxic substances that severely impact the environment and pose health risks to the public, especially those living near waste disposal sites.


2. The enforcement of criminal laws related to the illegal import and export of electronic waste in Thailand faces significant limitations due to a lack of resources for effective monitoring and law enforcement, allowing some operators to violate the law without facing serious legal consequences. Additionally, the lack of accountability among industrial operators in managing electronic waste remains a key problem, leading to environmental and public health impacts, despite the presence of relevant laws and regulations.


3. Enhancing the effectiveness of law enforcement through international cooperation, strict law enforcement, and increasing the responsibility of operators could help mitigate these issues. Providing education to operators on how to manage electronic waste more responsibly could further reduce illegal import and export activities and promote more sustainable and efficient practices in Thailand.