Thailand: Sulak Charged But Yadana Gas Pipeline Continues

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA980325
ISSUES:

On 28 February 1998 Prime Minister Chuan Leekpai decided that the laying of the Yadana gas pipeline by the Petroleum Authority of Thailand (PTT) should proceed as eighty percent of the construction is completed. The PTT project continues despite the fact that there was no transparent decision-making process; poorly conducted Environmental Impact Assessment (EIA) without public participation and insufficient data to say that the gas from Yadana is cheaper than other sources.

On 5 March 1998 Sulak Sivaraksa, prominent activist, and 40 others protesters were arrested for allegedly obstructing the gas pipeline construction at the Huay Kayeng forest site. They were granted bail by the provincial court. He is being charged for breaching the PTT Act. The first hearing of the case was set for 13 May 1998.

BACKGROUND INFORMATION: In 1994, the Burmese, State law and Order Restoration Council [SLORC] signed a contract to sell natural gas from the Yadana field, in the Gulf of Martaban, to Thailand. According to the agreement, Thailand will pipe the gas across the territories of the Mon and Karen peoples to its power plant in Kanchanaburi and Ratchaburi provinces bordering Burma. Two oil companies TOTAL CO. of Frances and UNOCAL CORP of USA operate the 649 kilometres gas pipeline.

Insufficient Compensation for the uprooted: Thailand has to pay 400 million dollars per year to the Burmese government for the gas. But Thailand could not use the gas plant until the end of this year as the Electricity Generating Authority of Thailand [EGAT] could not build the Ratchaburi power. Some predict that the power plant may not be built due to the recent financial crisis. These $400 million dollars is worth about 3,700 million baht which taxpayer has to contribute. The previous government had promised the \"forum of the poor\" that they would compensate 100,000 families in the NorthEast who has been uprooted. But the present government refused to compensate these poor villagers.

PTT refuses to review the compensation policy. It fears that if one village is given more compensation, the other affected villagers along the 260 kilometres pipeline route within Thai territories and villagers uprooted in the Eastern part of the country where similar pipelines had been laid down will start demanding for more compensation.

The PTT continues to lay the pipeline without adwquately compensating the affected villagers. The government is not monitoring the construction work or the environmental impact of the work. The National Environmental Board (NEB) had already approved the project. Under Article 47 of the previous constitution and Article 56, item two, of the new constitution citizens may participate in the decision making process on projects and activities that affect their livelihood.

The public hearing committee’s recommendations: 25 February 1998 The public hearing committee which included former prime minister Anand Panyarachun and 11 others staged a \"open public forum\" at Government House to review the conflicts caused by the construction of the pipeline. The Prime Minister set up the committee. The Committee submitted a number of recommendations on the pipeline project, including:

* The government must urge the PTT to repair the homes of villagers affected by the construction and compensate them immediately.

* The creation of a sub-committee to monitor the environmental impacts of the project.

* Improving laws related to the implementation of large-scale projects.

* Future environmental assessments should be based on accurate statistics.

* The public should have access to information about any development project.

* The committee also recommended that the report be published and distributed so that the public can learn from the mistakes made by the PTT on this project.

CHRONOLOGY OF ACTION: On 21 December 1997 about 50 Thai activist camped in the Khao Ta Kua National Park against the destruction of the forest bring the pipeline laying to a halt.

On 1 February 1998 16 chapters of the Confederation of Students for Conservation staged peaceful protest in front of Government House. The Student chapters have staged 25th protests in Bangkok against the pipeline.

28 February 1998: Sulak Sivaraksa continued the protest when the Kanchanaburi Environmental Group withdrew from the forest site. Sulak believes doing business with the Burmese dictatorship is unconscionable: \"Enjoying wealth from other people’s blood is immoral

5 March 1998: Sulak and 40 others protesters were arrested for allegedly obstructing the gas pipeline construction. They were arrested and taken away from the Huay Kayeng forest site where they were camping. The governor of Kancahnaburi province personally instructed about 20 officers to remove the activists from the site. They were granted bail by the provincial court. He is being charged for breaching the PTT Act. The first hearing of the case was set for 13 May 1998.

7 March 1998: About 20 villagers and student activists were temporarily detained by police in Dan Makham Tai district for allegedly obstructing the construction work. They were all release later.

RECOMMENDED ACTION:

Please write letter or fax to the government of Thailand expressing that the project be cancel. Villagers affected or uprooted by the PTT gas pipeline project should be given adequate compensation.

SEND APPEALS TO:

1. Prime Minister Chuan Leekpai, Prime Minister of Thailand’s Office, Government House, Nakhon Pathom Road, Bangkok 10300, Thailand. Fax: +66 2 280 1443

2. Mrs. Supatra Masdi,t Minister at the Prime Minister’s Office, Government House, Nakhon Pathom Road, Bangkok 10300, Thailand. Fax:+66 2 282 4951

3. Mr. Pala Sookawess (PTT Governor), Mr.Piti Yimprasert (PTT Project Director) Vibavadi-Rungsit Road, Bangkok 10900, Thailand Fax: +66 2 537 4389

4. Mr. Patrick Murphy, Unocal Thailand VP of Planning, Fax: +66 2 545 5554

5. Roger Beach, CEO, Unocal Headquarters, El Segundo, California, USA. UNOCAL Corp. P.O Box 7600, Los Angeles, CA 90051, USA. Fax: +1 310 726 7802

SAMPLE LETTER – Please try not to copy

Dear Sir,

We express our concern that PTT continues the Yanada Pipeline Project without consideration for the recommedations offered on 25 February 1998 by the public hearing committee which included former prime minister Anand Panyarachun and 11 others. The Prime Minister set up the committee. We are aware that 80 per cent of the project is completed but villagers affected or uprooted by the PTT gas pipeline project are no given adequate compensation.

Moreover, on 5 March 1998, Sulak and 40 others protesters were arrested for allegedly obstructing the gas pipeline construction at the Huay Kayeng forest site. They were granted bail by the provincial court. He is being charged for breaching the PTT Act. The first hearing of the case was set for 13 May 1998. It is time that the Thai government reconsiders the project especially at this period of financial crisis and find a more appropriate alternative.

Information Source: INEB – Spirit in Education Movement

Document Type : Urgent Appeal Case
Document ID : UA980325
Countries : Thailand,