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A Thailand court on Tuesday held Akara Resources PLC, operator of the Chatree Gold Mine in northern Thailand, liable for environmental damage and adverse health impacts suffered by surrounding communities, in what stands as the nation’s first environmental class action suit.
The case was brought by more than 300 villagers from Phichit and Phetchabun provinces, who alleged that prolonged mining operations had caused toxic contamination that harmed their health, environment, and livelihoods in what marks as Thailand’s first environmental class action suit.
Evidence presented by plaintiffs included medical surveys indicating elevated levels of heavy metals such as arsenic, cyanide, and manganese in residents, alongside environmental data suggesting contamination of water sources and agricultural land. The court determined that the company failed to sufficiently demonstrate that these harms were unrelated to its operations, thereby affirming liability. It ordered the company to pay compensation ranging from 50,000 to 200,000 baht per claimant, in addition to covering medical expenses and damages for emotional distress.
The judgment comes following prolonged dispute involving the Chatree mine, which has been the subject of litigation, regulatory action, and international arbitration for nearly a decade. Concerns over contamination were first raised in 2015, when investigations found that hundreds of villagers living near the mine had abnormal levels of heavy metals in their blood, raising risks of serious health conditions.
In 2016, the government, under the leadership of then-prime minister Prayuth Chan-ocha, ordered the suspension of mining operations using special executive powers, citing environmental and public health concerns. The move triggered a separate legal dispute when Kingsgate Consolidated Limited, the Australian parent company of Akara Resources, initiated international arbitration proceedings against Thailand in 2017, alleging unlawful revocation of its mining license. That dispute was resolved when Kingsgate withdrew its claim against the government. However, the class action brought by affected villagers proceeded independently, focusing on accountability and compensation for community-level harm.
The non-profit Manushya Foundation petitioned the UN alleging human rights violations linked to the mine alongside affected communities in Phichit and Phetchabun. UN experts subsequently issued communications to the Thai and Australian governments, as well as the companies involved. Akara later submitted a detailed report to the UN disputing the allegations, which the foundation challenged through a fact-checking report drawing on community testimonies and public records.
The outcome reinforces the application of the “polluter pays” principle within Thailand’s domestic legal framework. Broadly, the judgment aligns with a growing global trend of climate and environmental litigation, where communities seek to hold corporations accountable for ecological damage and associated human rights impacts.
The post Thailand court holds gold mine operator liable in landmark environmental class action appeared first on JURIST - News.
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The case was brought by more than 300 villagers from Phichit and Phetchabun provinces, who alleged that prolonged mining operations had caused toxic contamination that harmed their health, environment, and livelihoods in what marks as Thailand’s first environmental class action suit.
Evidence presented by plaintiffs included medical surveys indicating elevated levels of heavy metals such as arsenic, cyanide, and manganese in residents, alongside environmental data suggesting contamination of water sources and agricultural land. The court determined that the company failed to sufficiently demonstrate that these harms were unrelated to its operations, thereby affirming liability. It ordered the company to pay compensation ranging from 50,000 to 200,000 baht per claimant, in addition to covering medical expenses and damages for emotional distress.
The judgment comes following prolonged dispute involving the Chatree mine, which has been the subject of litigation, regulatory action, and international arbitration for nearly a decade. Concerns over contamination were first raised in 2015, when investigations found that hundreds of villagers living near the mine had abnormal levels of heavy metals in their blood, raising risks of serious health conditions.
In 2016, the government, under the leadership of then-prime minister Prayuth Chan-ocha, ordered the suspension of mining operations using special executive powers, citing environmental and public health concerns. The move triggered a separate legal dispute when Kingsgate Consolidated Limited, the Australian parent company of Akara Resources, initiated international arbitration proceedings against Thailand in 2017, alleging unlawful revocation of its mining license. That dispute was resolved when Kingsgate withdrew its claim against the government. However, the class action brought by affected villagers proceeded independently, focusing on accountability and compensation for community-level harm.
The non-profit Manushya Foundation petitioned the UN alleging human rights violations linked to the mine alongside affected communities in Phichit and Phetchabun. UN experts subsequently issued communications to the Thai and Australian governments, as well as the companies involved. Akara later submitted a detailed report to the UN disputing the allegations, which the foundation challenged through a fact-checking report drawing on community testimonies and public records.
The outcome reinforces the application of the “polluter pays” principle within Thailand’s domestic legal framework. Broadly, the judgment aligns with a growing global trend of climate and environmental litigation, where communities seek to hold corporations accountable for ecological damage and associated human rights impacts.
The post Thailand court holds gold mine operator liable in landmark environmental class action appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.