Institutional requirements, law and regulation changes and enforcement and financial instruments for establishing and effective pollution control agency in Lao PDR

Name: Phengkhamla Phonvisai

Organization : Mae Fah Luang University

keyword: Pollution control

LCSH: Environmental law -- Lao PDR

LCSH: Environmental policy

LCSH: Lao PDR -- Environmental Protection Agency

Abstract: The purpose of this dissertation was to study the Model of pollution control administration from Free Market Developed Economies (USA, EU and Japan), Central Planned Economies (China and Vietnam), and Emerging Economies in the GMS (Thailand). Data were collection and analyzed from related documents and researches, as well as from in-depth interviews with the key informants in the Greater Mekong Basin countries and Japan, together with focus group meetings. The data were analyzed based on content analysis of (1) Policy framework (all countries studied have enacted legislation to regulate various types of pollution as well as to mitigate the adverse effects of pollution to protect human health and the environment); (2) Institutional framework of pollution control agencies (rules and responsibilities for each level of government independent of the type of economy (i.e., national, state or provincial and district or local levels); (3) Financial framework for assessing and obtaining needed revenues or income. The main source of finances for pollution control is the Fiscal Year Budget from the central government; however incentive based instruments contribute significant amounts for provincial and local government budgets. All countries studied use the command and control approach as the predominant policy for pollution control. This involves direct regulation, along with monitoring and enforcement systems and relies primarily on applications of regulatory instruments, such as standards, permits and licenses, as well as air and water use controls. For the Pollution Control Department (PCD) of MONRE to be responsible for implementing pollution control and waste management policies, the Ministry must have clearly delineated authority and sole responsibility for environmental protection of both human and ecological resources. The central government must commit funds to develop adequately trained staff, equipment, and plans to carry out enforcement functions. In developing countries like Lao PDR, institutions at all levels will require substantial strengthening in human and financial resources as well as in organizational structure to carry out pollution control and enforcement responsibilities. Based on a review of lessons learned about pollution control from other countries studied, PCD in Lao PDR needs an important change in the mandate and organization structure of the Department. PCD must be re-organized along specific divisions of responsibility, such as air, noise and vibration, soil and water pollution, solid wastes, and hazardous (chemical and toxic) waste management. The lessons learned show that MONRE must rewrite the Agreement on Structure and Mandate of Pollution Control Department, No. 3122/MONRE, dated May 18, 2012. PCD has not been assigned by law or regulation to specific rights that specify the authority of PCD to carry out its mandate and lacks of wording that specifically empowers PCD to manage pollution control. In practice the ability to take unilateral actions is within the overall mandate of MONRE, for example, serious pollution issues can be exercised by PCD. Lao PDR is currently in an economic situation which is unstable thus it is unlikely that the Lao government will increase budgetary allocations to MONRE. PCD has very limited allocated funds to manage its goals because of the general lack of funds available to the government. Thus, the operation of PCD relies heavily on external support from donor agencies which dictate specific interests rather than what is proposed in PCD’s annual budget. No financial tools are used by the government of Lao PDR to generate income for pollution control administration. The budget provisions have been far less than what is required to fulfill the mandate. The government must therefore focus on other revenue sources to fund PCD: incentive based instruments such as pollution permits and discharge fees based on the “Polluter Pays Principal”, environmental fees for visitors to national parks, historic monuments, and natural heritage sites, and mandatory contributions by project developers to the Environmental Protection Fund, which is managed by the Prime Minister’s Office. These financial tools, among others, will serve as a key element for implementation of the National Environmental Standards and MONRE’s pollution control programs.

Mae Fah Luang University. The Learning Resources and Education Media Center

Address: Chiang Rai

Email: library@mfu.ac.th

Name: Apisom Intralawan

Role: Advisor

Name: Richard J. Frankel

Role: Co-Advisor

Name: Jiragorn Gajaseni

Role: Co-Advisor

Created: 2014

Issued: 2015

Modified: 2020-04-03

Issued: 2015-10-13

วิทยานิพนธ์/Thesis

application/pdf

CallNumber: Thesis GE170 P541i 2014

eng

DegreeName: Dotor of Philosophy

Level: Doctoral Degree

Descipline: Natural Resources and Environmental Management

Grantor: Mae Fah Luang University

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