Summary:
On 4 April 2022, members of Kabeudin village, an Indigenous Karen community in Omkoi district, Chiang Mai province, Thailand, filed a lawsuit at the Chiang Mai Administrative Court against the Office of Natural Resources and Environmental Policy and Planning and the Expert Committee on Environmental Impact Assessment Consideration. The legal action aims to revoke the alleged flawed environmental impact assessment (EIA) associated with the Omkoi coal mine project by the 99 Thuwanon Company. Residents argue that the coal mine poses substantial risks to long-term health and livelihoods. The lawsuit specifically targets deficiencies in the original EIA, which was executed over ten years ago, lacked meaningful community participation, and contains errors and omissions. Thailand’s National Human Rights Commission (NHRC) reportedly identified human rights violations in the EIA in 2020, and recommended a plan revision. If the project proceeds, residents fear it will infringe upon their right to a healthy environment and life-sustaining resources like clean air and water. The lawsuit seeks a transparent and legally compliant new EIA in line with Thai law and international standards. On 23 September 2022, the Administrative Court issued an order for temporary protection, thereby suspending the activities of the coal mining project until a final judgment from the Court is delivered.
Claim:
The residents of Omkoi assert that the EIA for the Omkoi coal mine project, conducted by the 99 Thuwanon Company over a decade ago, is fundamentally flawed and poses a significant threat to the community’s long-term health and livelihoods. The lawsuit seeks the revocation of the alleged outdated EIA and the initiation of a new assessment process characterized by transparency and meaningful community participation. The claim emphasizes that the original EIA lacked adequate opportunities for local engagement, contained errors and omissions, and was previously identified by the NHRC for human rights violations. The residents contend that allowing the coal mine project to proceed would violate their right to a healthy environment and life-sustaining resources like clean air and water.
Links:
The case documents are accessible via Climate Case Chart: Click here.
Status of the case:
The case is currently pending before the Chiang Mai Administrative Court of Republic of Thailand.
Suggested citation:
Residents of Omkoi v Expert Committee on Environmental Impact Assessment Consideration and the Office of Natural Resources and Environmental Policy and Planning, Chiang Mai Administrative Court of Republic of Thailand, Black Case Sor. 1/2565 (4 April 2022).
Last updated:
15 January 2024.