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BKK Post, March 8, 1998. YADANA GA



Bangkok Post March 8, 1998.  YADANA GAS PIPELINE
                                               Pipe dreams

             Despite its many errors, the PTT
             remains unpunished, it is proceeding
             with the project and its mistakes remain
             uncorrected.

             SUPARA JANCHITFAH

             On February 25, former prime minister Anand Panyarachun and
             11 others sat in a row at Government House, facing the flash of
             cameras. Reporters were there to question the public hearing
             committee on its study of the Yadana gas pipeline project.

             Although the panel did not recommend scrapping the project
             outright or re-routing the pipeline, it was able to point out many
             faults.

             "The project's decision-making process has many weaknesses
             and shortcomings," states the report. "It was not transparent."

             "The Environmental Impact Assessment (EIA) was conducted
             poorly: No public participation, insufficient public information but
             lots of public relations that misled the public. The economic data
             was incomplete and unclear."

             "PTT has stressed the fact that it would have to pay a hefty fine if
             the project is delayed." However, the report continued, in reality
             the PTT will only forfeit the interest on a deposit with the
             consortium, not at all a "hefty fine".

             The committee's suggestions: The committee submitted a
             number of recommendations, 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.

             Actions and reasons: Three days later, Prime Minister Chuan
             Leekpai decided that construction of the pipeline should go
             ahead.

             "In my opinion, the project cannot be scrapped. Eighty percent of
             the construction has been completed. I have decided that the
             project must continue," he said in Kanchanaburi on February 28.

             On the same day, the Kanchanaburi Environmental Group and its
             allies waited to discuss the problem with PM Chuan, but he failed
             to show up at the protest site. He said he did not have enough
             time.

             "When we learned that PM Chuan would visit us here, we were
             glad because we thought he wanted to get first-hand information,"
             said Piphob Dhongchai, an adviser to the Kanchanaburi
             Environmental Group.

             Piphob believed that the Prime Minister was on a fact-finding trip
             to equip himself with data necessary to make his decision.

             "We thought that after reading the committee's report, the PM
             would be curious to learn more about the project's impact."

             But Piphob and his alliances were disappointed.

             "I regret that PM Chuan again got only one side of the story, the
             one provided by officials," said Piphob.

             "How can Mr Chuan let the project go ahead despite the fact that
             the project has many shortcomings? What about those starving
             elephants?

             "Maybe he has already decided and he did not expect the
             committee to find as many flaws in the project as they did,"
             Piphob added.

             Although the Kanchanaburi Environmental Group and its allies
             promised to end their protest at the forest site after PM Chuan
             responded to the report, they vowed to continue to voice their
             opposition to the project in other ways.

             Early last week, the 16 chapters of the Confederation of Students
             for Conservation staged another peaceful protest in front of
             Government House. It was their 25th protest in the capital against
             the pipeline.

             "We are young; we want adults to set a standard of right and
             wrong for us. Why is the prime minister allowing the project to
             continue?" said Ms Penphan Intapante of Thammasat University.

             Solo protest: When the Kanchanaburi Environmental Group
             withdrew from the forest site, social critic Sulak Sivaraksa
             emerged as a replacement.

             "I did not agree with the idea of withdrawing from the forest
             protest site since the very beginning."

             The social critic explained his reasons. First, he said, "I don't
             want selfless people such as Khun Boonsong and Phinun to feel
             that injustice overcomes justice. I want society to be aware that
             change can result from the actions of common people who
             wholeheartedly care for the environment, such as these two."

             Second, he said, doing business with the Burmese dictatorship is
             unconscionable: "Enjoying wealth from other people's blood is
             immoral."

             Third, "If we let this project continue, it will prove that truth is not
             important to Thai society," he argued. "The PTT has been
             misleading the people. It lied about the fine it was supposed to
             pay. And it cannot prove that gas from Yadana is cheaper than
             from other sources. The Ratchaburi power plant cannot be
             finished by July. Why must we pay 400 million dollars per year to
             the Slorc government?

             "The right kind of development maintains the balance of nature
             and is consistent with human rights. This must be based on truths,
             not lies."

             Selective law: Another reason why PM Chuan said he decided
             the PTT should continue the project was because, "The National
             Environmental Board (NEB) had already approved the project."

             The PTT also believes that they have always acted within the law.
             (See sidebar.)

             "But what about the consensus among the committee members
             that the project's EIA was poorly carried out?" Piphob
             countered.

             "In our report, we stated clearly that we are not satisfied with the
             Yadana project's EIA or the EIA process in general because it
             lacks public participation. In addition, the information about the
             forest and its wildlife is incomplete," said committee member Dr
             Mingsarn Khaosa-ard of the Thailand Development Research
             Institute (TDRI).

             The committee proposed that the government improve laws
             related to the decision-making process on large-scale projects.
             Before implementation of such a project, a public hearing should
             be held prior to its approval so that people can take voice their
             opinion on development projects that may affect their lives and
             their environment. Mr Panas Tassaneyanond, director of the
             Environmental Law Centre commented that the proposals from
             the committee are useful, but the question of who will actually act
             on the proposals is the main concern. "Under Article 47 of the
             previous constitution and Article 56, item two, of the present
             constitution people can participate in the debate on projects and
             activities that affect their livelihood.

             "We are unlucky to have a government that is not concerned
             about the environment. It struggles to keep its power rather than
             do the right thing," said the lawyer and former CDA member.

             "The PTT and the PM are so selective, they will refer to the laws
             that benefit them only," the lawyer chuckled.

             He believes that legal action must be taken in order to set a
             precedent for the future. "Although going to court is a
             time-consuming process, in order to set an example for society
             legal solutions must be found," said the environmental lawyer.

             Can a government learn?: Mr Piti Yimprasert of the PTT said
             that if he could turn back time, he would do things differently.
             However, his words contradicted his behaviour during the public
             hearing, while testifying and while giving interviews.

             "During the public hearing when we testified, his scornful smile
             showed how arrogant he really is," said Phinun Chotiraseeranee,
             Kanchanaburi Environmental Group leader. "He did not listen to
             us, let alone respect our rights as citizens."

             "I believe the public hearing was just a farce, a way for the PTT
             to seek a legitimate way to continue an illegitimate project," said
             Phinun.

             When environmentalists asked why the pipe used on the project
             was not as thick as the PTT had claimed in the EIA, the PTT
             response was that the pipeline was "North American standard".

             When environmentalists asked the PTT to manage its
             construction to minimise the environmental impact, the PTT
             offered to provide vocational training for the villagers.

             "Vocational training is useful but it does not answer the issue of
             environmental impact," said Boonsong Chansongrasamee,
             another Kanchanaburi environmental group leader.

             The PTT explained that it is not doing business with the Burmese
             but with the consortium companies.

             "How can the consortium do its business without consent from
             the Burmese government?" Boonsong asked.

             In most large-scale projects, the EIA is seen as the "passport" to
             implementation. But in the case of the Yadana pipeline, said Dr
             Mingsarn of the public hearing committee, the EIA was full of
             holes.

             Locals wonder how can the project continue despite its flaws.
             Phinum is worried what message this will send to the people.

             "Now people do not distinguish between right and wrong. This
             project is being allowed to continue simply because 80% of it is
             done.

             "If you kill a person and then you say that he's dead and you
             couldn't wake him up, is there no need to punish you?" Phinun
             asked.

             Same old mechanisms: The public hearing committee's
             recommendations were passed to the Ministry of Industry by PM
             Chuan. But now, in Dan Makam Tia district, the PTT continues
             its work.

             "The PTT is continuing as before. There is no proper
             compensation and no discussion. They are now trying to use a
             'divide-and-conquer' strategy on us," said Duangjai
             Navathammapichet, whose village lies in the path of the pipeline.

             "The government is not monitoring the construction work or the
             environmental impact of the work. PTT officials are selective. The
             prime minister allowed the project to continue, but why don't they
             take the recommendations into account?"

             When asked what was being done about the environmental
             impact of the project, the PTT's Dr Songkiert Tamsamrithe told
             Sunday Perspec tive, "I submitted a letter to the Kanchanburi
             governor to order the Forestry Department to prevent forest
             encroachment on March 6."

             As for who is responsible for the establishment of the
             sub-committee as recommended by the Anand panel, Dr
             Songkiert once again "passed the buck".

             "The sub-committee has not been set up yet," he said. "We are
             still waiting for an official order from PM Chuan."

             Dr Songkiert said the "proper channel" would be to contact
             Khunying Supatra Masdit, Minister of the Office of the Prime
             Minister.

             Her response? Khunying Supatra explained that in fact she and
             the prime minister have nothing to do with the project, that it is in
             the hands of the Ministry of Interior.

             And the less-than-transparent actions of the PTT?

             "I have already told the PTT that under the new constitution it can
             no longer act this way. Actually this is a kind of reprimand
             already. It has been recorded in history."