The problem

In 2000, Blacksmith Institute was the catalyst for the founding of EnLAW, and has since supported its legal work. EnLAW is an independent advocacy group in Thailand working both to strengthen the relatively new sector of public interest environmental law and to promote environmental protection by working to enact and update Thailand's environmental laws with stronger enforcement mechanisms.

EnLAW provides assistance to communities affected by environmental pollution through legal consultation, litigation, financial aid, and networks victims with other Thai environmental advocates and physicians. EnLAW also organizes public forums on environmental law, is developing an environmental law database for environmental litigation and advocacy campaigns, and runs intensive training programs for environmental advocates and lawyers. EnLAW is also working with Professor Richard Stewart of New York University's Center on Environmental and Land Use Law to establish reasonable compensation levels for environmental claims in the Thai courts.

Environmental pollution victims' rights claims represent a new development within the Thai court system and EnLAW's litigation will set compensation-related precedents so that greater justice for victims of environmental hazards can be secured.

Current Activity

The Klity Mining Case: The village of Klity, 68 miles west of Bangkok, is inhabited by a Karen indigenous community which has long suffered from poisoning related to lead sediments and contamination in the creek near their village. A lead mine operated by Lead Concentrate Thailand Co. discharged waste straight into this creek, from which the villagers collected their drinking water. The result is that each one of the village's 221 inhabitants is suffering from some form of lead poisoning. The mine was formally closed in 1998, but it continued to operate illegally until 2002. Fish from the creek continue to register high levels of toxicity and are not fit for consumption. Children in large numbers continue to be born with lead-related health problems. Beginning in 2000, EnLAW brought a civil suit against the lead mining company to clean up the pollution and offer victim restitution. EnLAW has also brought an administrative suit against the government's Pollution Control Department (PCD) for its failure to implement its own plan to restore the quality of the lead-tainted creek. So far, the PCD has installed an irrigation apparatus along the contaminated creek to capture the lead sediment, but this has only resulted in a sludge problem. The company has offered some restitution (20,000 USD) for victims. However, the offer was, in EnLAW's opinion, meager and the group continues to push for fair monetary compensation for the villagers. The civil suit against the company for 119,036,400 baht (3,054,791.25 USD ) is ongoing and the civil court has agreed to shift the burden of proof from the plaintiffs to the company, in keeping with the 'polluter pays' principle. EnLAW is also holding a series of seminars with academics and other experts in order to explore ways to restore the contaminated creek and reduce the impacts of the old mining factory and its defunct pits.

Cobalt-60 Case: The Kamol Sukosol Electric Company of Thailand imported highly radioactive Cobalt-60 used in medical radiation therapy. Kamol Sukosol dumped metal-lined cylinders containing radioactive Cobalt-60 in a vacant lot in the Samut Prakarn area of Bangkok where, in February 2002, scrap collectors found them and cut them open, directly exposing 14 people to radioactive Cobalt-60. The radiation killed three of the scrap workers and caused life-threatening health problems for other scrap workers, as well as for families living in the surrounding area. Many exposed victims experienced nausea, vomiting and low white blood cell counts. Some have skin burns, fatigue, and hair loss. The incident was the first recorded radiation accident in Thailand. However, both Kamol Sukosol Company, which owned the radioactive waste, and the Ministry of Science and Technology, which is in charge of regulating and safeguarding all activities concerning radioactive substances, refused to take any responsibility for the deteriorating health conditions and deaths of the victims. A class action suit was filed by EnLAW against Kamol Sukosol Company for compensation of approximately 100 million baht (about 2.5million USD) on behalf of 12 victims. EnLAW and the Law Society of Thailand also filed suit against the Office of Atomic Energy for Peace (OEAP) which is the sole authority to regulate radioactive substance use in the country. The Administrative Case against the OEAP resulted in a ruling in early 2003 in favor of the plaintiffs for 5,222,301 baht (134,016.34 USD) as restitution for 12 radiation victims and their families. EnLAW is pursuing amendments to the restitution based on long-term health damage. In a separate case with the Office of the Attorney General, the company was fined 15,000 baht (384.819 USD) for possessing radioactive substances with no permission.
Both cases are ongoing. EnLAW is also considering a case against the Basic Industry Department under the Ministry of Industry to restore the environment in and around the factory. This is pending due to a high court fee, evidence problems and the statute of limitations.